Terms and Conditions for Hazardous Waste and Industrial Services
The Supplier refers to Perpetuum AS and its affiliated subsidiaries or partners. The Customer refers to all physical as well as legal entities purchasing services or products developed or delivered by the Supplier. The Agreement encompasses what has been agreed upon between the Customer and the Supplier, including accepted offers and/or contracts with attachments, as well as any other written and verbal agreements, along with these conditions. Conditions that are specifically agreed upon take precedence over these general terms and conditions.
A binding agreement is considered formed when the Customer’s verbal or written acceptance of the Supplier’s offer is received by the Supplier. A binding agreement is also considered formed when the Supplier accepts the Customer’s order. The Supplier reserves the right to decline any order without further explanation.
The Supplier assumes responsibility for the delivery upon receipt and acceptance at one of the Supplier’s locations. If the Customer’s delivery is not accurately described in the order prior to delivery to the Supplier, the Customer bears full responsibility for the delivery until the Supplier explicitly assumes responsibility for the delivery as it is actually received. The Supplier is responsible for compliance with public regulations and holds the necessary licenses for its operations.
The Customer is obligated to comply with the provisions of central regulations and the Supplier’s acceptance conditions when handing over the delivery to the Supplier. It is further assumed that the Customer has stored and transported the delivery to the Supplier in a manner consistent with relevant rules provided by public authorities.
Receipt of Delivery
The delivery must be pre-arranged with the Supplier. Delivery time should be expected from the request for delivery. The Customer’s desired delivery location will be accommodated as far as possible, but the Supplier reserves the right to redirect the delivery to one of its other facilities based on the composition of the delivery and the Supplier’s available capacity at the time of delivery. Any additional costs incurred shall be borne by the Customer, but the Supplier shall provide prior notice of this. The delivery location shall not be changed after an agreement for delivery has been made, except for reasons defined as Force Majeure.
Mixing of Waste Fractions
Different waste fractions/types must not be mixed. Foreign objects such as plastic, paper waste, wood materials, stone, metals, etc., must not be mixed in the delivery. The aforementioned will be sorted out at the Customer’s expense. In the case of a delivery containing foreign objects not listed in the accompanying declaration, resulting in damage to production equipment or interruptions in the pre- and post-treatment processes, all additional costs will be charged to the Customer.
Refundable Waste Oil
The refund scheme applies to used or discarded lubricating oil and hydraulic oil, including motor and gear lubricating oil, industrial lubricating oil, transformer and switchgear oil, and oil drained from oil filters. The scheme also applies to refundable waste oil generated on ships, except for refundable oil generated from ships in international shipping/voyages exceeding 250 feet in length. The scheme does not apply to used, discarded, or reclaimed crude oil, process oil, bunker oil, cable oil, silicone oil, fuel oil, biological oil, inorganic oils, and other mineral oils not covered by this chapter. The scheme also does not apply to oil emulsions, cutting oils, slops, and oil from oil separators or imported used oil. Refundable oil must have a flash point higher than 70°C, contain less than 500 mg/kg of total organic chlorine, and contain less than 0.6% total sulfur.
If Supplier Does Not Accept
The Supplier is not authorized to accept waste with explosive, self-igniting, or radioactive properties. All costs and consequential costs resulting from the delivery of waste with the above properties shall be covered by the Customer.
Declaration of Waste
The Customer shall ensure that the Supplier receives sufficient information about the composition of the delivery to assess classification and declaration, treatment needs, and final treatment methods. All hazardous waste must be declared electronically before the waste leaves the Customer. The Supplier may require additional information about the composition of the delivery, such as MSDS, pre-sample, or analysis certificate from an accredited laboratory. The Supplier reserves the right to reject the delivery if sufficient information about the waste’s composition and properties is not provided.
All deliveries shall be packaged and labeled in accordance with the applicable ADR regulations and the Supplier’s guidelines to prevent leakage and spills. Containers shall be properly loaded, taking into account the nature of the waste, fill level, placement in the container, and any co-loading rules pursuant to ADR. All hazardous waste shall be covered to prevent leakage. Poor or leaking packaging will be placed in secure packaging at the Customer’s expense. Repackaging will be charged to the Customer according to the Supplier’s current price list. A maximum of 6 pallet collars per pallet shall be placed, and drums with a locking ring shall be secured with a pin.
Loading and Unloading
Loading and unloading shall be done without spills. If there is a risk of spillage, necessary precautions shall be taken. Any cleanup work, consumed materials, and waste generated by the Customer and/or the Customer’s collaborators shall be invoiced to the Customer. While on the Supplier’s premises, the carrier for which the Customer is responsible shall adhere to the same safety instructions applicable to the Supplier’s own operations. In this regard, the Supplier may require carriers to undergo internal safety training and hazardous waste and/or ADR training.
Transport of the delivery shall comply with applicable rules and regulations, and all carriers must be able to provide competence certificates for the transport of hazardous waste. The parties undertake to familiarize themselves with and adhere to ADR regulations when transporting the delivery.
Transfer of Risk
The Customer is responsible for the delivery until it is delivered to and approved by the Supplier at one of the Supplier’s locations. If it is agreed between the parties that the Supplier shall transport the delivery to the Supplier’s location, the Supplier shall be responsible for the transportation as described in ADR regulations from the time the transportation begins from the Customer’s location. If it later turns out that the delivery is not correctly declared by the Customer, or that the packaging is done by the Customer in violation of applicable regulations, the Customer bears full responsibility for the delivery until it is delivered, repackaged, and approved by the Supplier at the Supplier’s location. The party responsible for the delivery also bears financial and legal liability for the delivery in relation to the other party, third parties, and public authorities.
The Customer may request documentation regarding their own deliveries. The documentation is limited to statistics for the delivered quantity, amount paid, and confirmation of the final treatment of hazardous waste from their own company.
If it is found after receipt that the delivery does not contain the content or volume stated in the declaration from the Customer, Perpetuum must conduct additional investigations and analyses to determine what has been delivered. This additional work will be invoiced to the Customer according to the Supplier’s current price list.