Container
Issued September 2008
- Packaging
Liquid chemicals are delivered in packaging on which a deposit is payable and which are identified as such.
With particular reference to the packaging’s markings identifying it as a deposit packaging, and to other markings in general (e.g. in accordance with legislation governing the storage and handling of chemicals), these must not be altered, removed, damaged, covered, polluted or otherwise made illegible. The packaging must not be modified, damaged, soiled or misused (e.g. filled with other products or used for mixing purposes). It must be remembered that handling of this type can lead to serious personal injury and damage to property, and may lead to prosecution in the courts.
The deposit on each packaging, which is billed separately, is payable immediately and subject to value added tax (VAT). This is regardless of any other conditions of payment or delivery that might be agreed on.
The deposit payable is always calculated in accordance with our current price list.
The deposit paid on such packaging will only be refunded when the return to BRENNTAG CEE of the corresponding packaging has been verified. The deposit on metal drums will be forfeited if they are returned with rust on the inside. The deposit amount will be retained if the packaging is incompletely emptied or not cleaned, or if the packaging are damaged, soiled or otherwise unserviceable.
Refund of the deposit amount depends on the date of return on BRENNTAG CEE’S premises, plus a reasonable time for examining the state of the returned deposit packaging.
Packaging supplied by us or a third party may not be exchanged, nor passed on to any third party or parties, nor used as storage packaging for own or third-party purposes. Deposit packaging is to be returned to us immediately and at the location designated by us. All packaging returned to us must always be correctly closed. On return we credit the following amounts depending on the duration of usage:
00 – 12 weeks: 0%; 13 – 24 weeks: 50%; more then 24 weeks: 0%
of the originally invoiced price. Commenced weeks are handled as full weeks.
Returned packaging is always considered to be that packaging of the same type, which has been in the customers possession the longest. The basis for expiration of deposit amount is this duration.
The customer is liable to us for any incorrect use, damage or loss, howsoever caused, of packaging prepared or supplied by us to the customer or to the customer’s designated third party or parties. We reserve the right to charge for the cost of cleaning soiled packaging.
Our packaging must not be filled with products from other suppliers.
We are not obliged to check the suitability, with particular reference to cleanliness, of packaging that are supplied to us by the customer. We shall not be liable for loss or damage attributable to defective or otherwise unsuitable packaging. The customer releases us from all liability for third-party damages in this respect.
Deposit packaging is to be returned, carriage paid, to one of the following Austrian depots: A-2353 Guntramsdorf, Bahnstrasse 13 (Guntramsdorf Kaiserau railway station) or A-4050 Traun, Rubensstrasse 48, or A-8111 Judendorf-Strassengel, Fabrikstrasse 4-6 or 2700 Wr. Neustadt, Haidbrunngasse 50.
If packaging is returned by rail or carrier occasion any costs on our part, we will charge the corresponding amount to the customer concerned, or deduct this sum from the deposit credit note.
Whenever our own vehicles are used for the delivery of a fresh consignment, the previous deposit-paid empties must be ready for return, provided there is sufficient loading capacity. We are however not obliged in any way to take back the number of deposit packaging placed at our disposal by the customer, nor to collect such packaging on a particular date or at a specific time. - All transport charges and other costs are in any case the responsibility of the customer in this respect.
- Liability for damage or claims resulting from defects or missing packaging, with particular reference to container, drums, canisters, etc., is contractually excluded.
- The place of performance for both parties is Vienna (Austria). The place of jurisdiction is the law court competent for the first municipal district of Vienna. This agreement is made under Austrian law. With regard to the clauses contained in our terms and conditions (EXW, FCA, CPT), or any others that may be applicable, reference is to be made to Incoterms 2000, whereby the original German translation by the International Chamber of Commerce in Paris shall apply. It is hereby agreed that legal stipulations whose application is limited to fully-qualified merchants are hereby extended to cover non-qualified and partially-qualified merchants. If prevailing law (e.g. on consumer protection) should conflict with the application of any of these conditions, each party shall apply the agreement in such a way that corresponds as closely as possible to the original meaning and spirit of the condition or conditions so affected.
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