General terms and conditions
For the reworking and purchase of of precious metal-bearing materials.
1. Exclusive application
Unless expressly agreed otherwise, these General Terms and Conditions shall apply exclusively to both purchase and reworking contracts. The unconditional acceptance of goods, provision of services or acceptance of payments does not imply any acknowledgement of deviating provisions.
2. Offers and contract
Offers are always subject to change after expiry of the binding offer period. A contract shall only be concluded upon our written order confirmation. Amendments, supplements or the cancellation of a contract or these terms and conditions shall only become effective upon written confirmation. Declarations and notifications by the client after conclusion of the contract shall only be effective if they are made in writing. In any case, both parties shall agree on the form in which metals shall be returned or whether and at what prices they shall be purchased. In offers and contracts we state the return or purchase periods. If this is not explicitly stated, a period of 6 months shall apply from the date of the offer.
Quoted prices are net prices. Value added tax shall be charged additionally at the applicable rate. The same applies to all agreed ancillary costs such as packaging, insurance, freight, cartage or similar. The contractor reserves the right to increase the prices stated in the offer as well as to extend the return delivery/purchase deadlines if material properties which were not yet known when the offer was made or the contract was concluded require special effort. If the metals are purchased, the prices valid at the time of purchase shall be charged, unless otherwise agreed.
The delivered material must be suitable for processing and sampling and free of harmful components such as chlorine, bromine, fluorine, mercury, arsenic, tellurium, cyanides, carbon, hydrocarbons, etc. If the permissible limits are exceeded, additional costs will be incurred in accordance with the list of interfering substances. Furthermore, the client assures that the material to be delivered by him is free of radioactivity and has normal chemical as well as physical properties.
The European and German Recycling and Waste Management Act shall apply to the reprocessing of delivered materials. The client is obliged to observe the relevant regulations. The contractor does not accept any material for waste disposal. The consignments from the Client must be notified in good time, at the latest when the goods are dispatched. The reworking material must be properly packed and labelled, taking into account any instructions we may have issued. Likewise, safety must be ensured both during transport and during loading and unloading. The customer shall bear the costs and the risk of delivery to our factory at 63741 Aschaffenburg, Germanenstraße 1. In principle, taxes, customs duties and other charges levied on goods and documents for deliveries outside the Federal Republic of Germany shall be borne by the customer.
6. Weighing, sampling and accounting
Weighing, sampling and preparation shall be carried out by RECOM in a binding manner for the client. The client has the right to be represented by a neutral, expert sampler at his own expense. This person has to be appointed before arrival of the consignment, the date of sampling has to be agreed between the parties. If the sampler does not appear on the agreed date or if the Client has not named a sampler as his representative by the time the consignment arrives, this work shall be carried out by the Contractor on a fiduciary basis. Invoicing shall be based on the weights and contents determined by the contractor. Objections may only be lodged in writing and within 14 days, calculated from the 3rd day after the settlement date. The contractor shall keep corresponding sample material in reserve for this period.
7. Ownership and liability
The client is aware that he becomes the co-owner of the material mixed and combined with other materials after sampling has been completed and, if applicable, after a reserve sample has been taken. The Client's right of ownership to the delivered material shall expire at the latest upon fulfilment of the claim for return delivery or remuneration. Until this point in time, the contractor is entitled to restore the client's sole ownership through separation.
In the event of improper handling or storage of the delivered materials caused by the contractor and in the event of delay in performance or non-performance of services for which the contractor is responsible, liability shall be limited to the invoice value of the goods or services concerned in each case, including in the case pursuant to Section 635 of the German Civil Code (BGB). Liability for damage and loss to the Client is generally limited to the foreseeable damage and only in cases of gross negligence.
8. Force majeure
In cases of force majeure, the provisions and obligations under the contract shall be suspended in whole or in part for the duration of the force majeure, depending on the extent of the hindrance. The suspension shall also apply during this period to price periods or price fixing/fixing as well as return deliveries. If one party invokes a form of force majeure and if this situation lasts for more than 90 consecutive days, the other party shall be entitled to withdraw from the contract due to the delay in performance.
9. Statements of account, confirmation of balances, statements of account
The client is obliged to check invoices, credit notes, balance confirmations, statements of account, etc. for correctness and completeness. Objections must be made in writing within 14 days of receipt. Failure to object in due time shall be deemed as acceptance. Excluded from this are legal claims of the client in case of justified objections after expiry of the deadline.
10. Calculation, payment, set-off
The invoiced prices shall become due upon receipt of the invoice by the Client. The contractor reserves the right to demand advance payment or the provision of security in the amount of the reworking price if circumstances subsequently occur or become known which jeopardise the claims arising from the reworking service. This demand must be made in writing to the client. If the client does not make an advance payment or provide security within one week, the contractor is entitled to retain a corresponding quantity of metal as security or to withdraw from the contract without setting a further deadline. The Client shall only have a right of set-off if the counterclaims against the Contractor are undisputed both in terms of reason and amount or have been legally established. A right of retention shall exist insofar as the counterclaim is based on the same contractual relationship.
11. Precious metal trading and precious metal remittance transactions
Business transactions with precious metals are carried out by means of weight accounts. In case of sale of precious metals of the account holder to RECOM, the transfer of ownership is completed with the booking on the respective weight account. Customer orders by telephone become binding with the consent of the contractor. The damage resulting from transmission errors, misunderstandings or mistakes in telephone customer transactions or with third parties shall be borne by the client, provided that a fault of the contractor can be excluded.
12. Place of performance and jurisdiction
The place of performance and jurisdiction for all obligations arising from the contract is Aschaffenburg. RECOM is also entitled to take legal action at the general place of jurisdiction of the client.
13. Other provisions
The contract shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods. Should individual provisions of these General Terms and Conditions be or become legally invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.