Delivery conditions computer recycling
Established in Veghel and filed with the Chamber of Commerce in ‘s-Hertogenbosch.
- All agreements of purchases and sales with IT Recycling are subject exclusively to the following conditions. Deviating and additional conditions shall only apply if and insofar as they have been expressly accepted by IT Recycling in writing. By placing the order, customer accepts the following terms and conditions.
- Payment within 8 days of receipt of invoice by bank account of IT Recycling.
- After given assignment, a minimum of 50 euros will be charged for cancellation. Unless cancellation occurs earlier as one day before the agreed upon time of pickup.
- If customer has not ordered data security for equipment to be retrieved, IT Recycling accepts no liability for the consequences of data leakage due to failure to format hard drives. We accept no liability for: reputational damage – loss of potential clients – costs resulting from legal proceedings – liability of clients of our clients and further possible consequential damages. By giving the order, the client declares to be in agreement with our AVG statement
- IT Recycling disposes of IT materials – electronics waste – brown/white goods and office furniture. Explicitly excluded are hazardous materials – and small chemical waste. The following groups of materials are specifically excluded from our services: Etching substances – corrosive substances – radioactive materials (fire alarms containing radioactive substances) – organic fats – carniciniogenic substances – (compressed) gases – inflammable substances. And further all substances and materials that may be hazardous to humans or the environment.
- IT Recycling will hold the client liable if incorrect information was given about hazardous materials. In addition, reports will be filed with police and VROM inspection if necessary. The client will also be held liable for consequential and reputational damages.
- Goods disposed of by IT Recycling become the property of IT Recycling. The moment of ownership is the moment of loading. IT Recycling reserves the right to do with equipment as it sees fit. The customer is always responsible for what materials are taken.
IT Recycling accepts no liability for materials taken in error. Except for the materials listed in item 5. - All disputes that may arise as a result of the agreements to which these general terms and conditions of sale apply, or as a result of further agreements related thereto, will be settled by the court in Den Bosch.
- Client explicitly grants service provider permission to film and/or photograph the data destruction operations for marketing purposes. Any limitations to this permission must be agreed upon in advance with service provider and recorded in writing.
- All agreements to which these general conditions of sale apply will be subject to Dutch law.
Delivery terms and conditions buyout service for depreciated computers
These terms and conditions apply only if the client has a
- Buyouts of discarded computer equipment are always and exclusively done on an after-the-fact basis. This means that equipment is collected and then assessed by the specialists of IT Recycling. Whereby equipment that meets the predetermined specifications is purchased and equipment that has lower specifications, is defective, incomplete or damaged is not purchased.
- The buy-back prices are agreed in advance in consultation with the customer and confirmed by IT Recycling by email. Parties cannot go back on this later.
- Whether equipment meets specifications/defective/damaged/incomplete is solely to be judged by IT Recycling. No correspondence can be entered into about this.
Reasons for rejection may also, but certainly not exclusively, include:
Defective or missing DVD/CD , no power adapter, no coa, cosmetic aspects, passwords, no or empty toner, too low specs, different form factor as agreed upon. - Equipment that is rejected – for whatever reason – will be recycled, at no charge. No compensation will be given for rejected equipment.
- IT Recycling retains ownership of the equipment from the time of loading. IT Recycling reserves the right to do with equipment as it sees fit. Equipment will not be returned.
- Payment is made according to the test results and always by bank transfer. We pay to the bank account in the name of the client. Payment to another bank account only after written authorization by a person authorized to sign on behalf of the client.
- IT Recycling makes an exact list of every lot we buy up, this is done in our warehouse in Veghel. This list will always prevail over lists made by the customer, carrier, or others.
- All liability of IT Recycling is limited to the amount possibly paid by our insurance and in any case capped at 500 €.
- Client explicitly grants service provider permission to film and/or photograph the data destruction operations for marketing purposes. Any limitations to this permission must be agreed upon in advance with service provider and recorded in writing.
- IT Recycling makes an exact list of every lot we buy up, this is done in our warehouse in Veghel. This list will always prevail over lists made by the customer, carrier, or others.
Terms of delivery: data destruction
These delivery terms apply only if the client has ordered data destruction.
- IT Recycling hereby declares that it is fully liable for the consequences of leakage of information on offered data carriers, should this occur due to culpable conduct or omission after the date of commencement of work.
- This liability applies to all types of damages such as: damage to reputation, loss of sales, costs of legal proceedings, claims by rights holders under copyright law and claims by customers. Liability is limited to the amount paid by our insurance and in any case to an amount of 500,000 € per event.
- This responsibility began at the time of transfer, that is, the moment we took delivery of the data carriers.
- In case of on-site data destruction: in the unlikely event that we have to discontinue our data destruction operation (whatever the reason) before all data carriers have gone through the shredder, all liability expires.
- In case of on-site data destruction: we accept liability only if an authorized and, designated in the order provision, representative of the customer is present during the entire shredding process and has signed for the exact number of data carriers.
- IT Recycling only accepts claims if it can be proven that a data carrier was indeed offered for destruction. IT Recycling registers every hard disk that is destroyed and our liability applies only to those hard disks. For tapes, diskettes, CD/DVD and other data carriers, registration is impossible because they do not carry a serial number. Therefore, IT Recycling does not accept any liability for the latter two categories. For cd/dvd left behind in systems we do not accept liability.
- IT Recycling makes an exact list of each batch of data carriers, this is done in our warehouse in Veghel. This list will always prevail over lists made by the customer, carrier, or others.
- By signing, the customer declares their agreement with our AVG statement.
- IT Recycling hereby declares its full liability for the consequences of any leakage of information on the above data carriers, should such leakage occur due to culpable conduct or omission after the date of commencement of work by IT Recycling.
- We accept no liability for the consequences of information leakage in case of theft or misappropriation before the time of data destruction. This includes theft – larceny (whether or not as an indirect result of a traffic accident) during transport.
- We accept no liability for the consequences of information leaks in cases of force majeure such as: fire – natural disasters – acts of terrorism – etc.
- Duty of Disclosure
IT Recycling shall immediately notify client of any disclosure of the above-described confidential information covered by this agreement or of any subpoena or other legal proceeding requiring production or disclosure of said confidential information, if and when service provider becomes aware of it. - Ownership of Confidential Information
All confidential information shared with IT Recycling in the course of data destruction is and shall remain the property of client and no provision of this agreement shall be construed to alienate (gratuitously or otherwise) or grant rights to service provider over such confidential information. - Non-confidential information
IT Recycling accepts no liability for non-confidential information such is information that:(a) is already known to third parties, after such information has been disclosed by a party, other than the client or service provider, to such third party without that party having or having breached an obligation of confidentiality to the client; or(b) is or becomes generally known by a lawful act of a third party, its employees, officers, directors or agents; or(c) has been approved for release by the client; or(d) is disclosed pursuant to requirements imposed by law, a Court, Tribunal, the Supreme Court of the Netherlands or other governmental authority having jurisdiction for such purpose. - Acceptance of orders
IT Recycling only accepts orders for data destruction that have come about via its Internet site and that have been signed by an authorized employee of the customer. Liability for information that becomes generally known on data carriers for which no order has been placed in the manner described above is excluded. - Case overriding social interest
IT Recycling reserves the right to transfer information to relevant authorities if there is a legal obligation to do so or a well-founded suspicion has arisen at IT Recycling for the presence of data related to a crime. Examples may include information relating to child pornography, human rights violations, international terrorism, international drug trafficking, neo-soviet imperialist war crimes and other war crimes. - Revocation of a provided order
IT Recycling is not aware of the content and location of data on data carriers. Therefore, IT Recycling cannot be held liable for not returning or incorrectly returning data carriers that have not yet been destroyed in the event of a revocation of an order already issued by the customer. - Turning Off Equipment
IT Recycling will never turn off equipment. Before IT Recycling begins work, all affected equipment must be switched off.
IT Recycling accepts no liability for damage resulting from equipment switching off. - General duty of confidentiality
Neither party shall, without the prior written consent of the other party, disclose to third parties, publish or otherwise make public the existence or terms of the confidentiality agreement. - Conclusion of the confidentiality agreement
The confidentiality agreement is necessary to establish liability of the parties and is concluded with the award of the contract. The legally valid conclusion of this agreement is only possible through digital signature by an authorized employee or representative of the client. - In giving the order, the customer states to be authorized to have data carriers destroyed by IT Recycling. IT Recycling will never accept liability for damage resulting from the destruction of data or data carriers belonging to any third party. We also accept no liability if a third party claims ownership of a destroyed data carrier or data.
- Client explicitly grants service provider permission to film and/or photograph the data destruction operations for marketing purposes. Any limitations to this permission must be agreed upon in advance with service provider and recorded in writing.
- Payment obligation for completed data destruction order
Data destruction orders are performed either at the client’s site or at IT Recycling’s premises. Upon completion of the data destruction work, the client will receive the list(s) of data carriers destroyed, the corresponding certificates and the invoice for the destruction work. The client will never require IT Recycling to invoice through websites – web applications – or payment sites. Client, by signing this confidentiality agreement, undertakes to pay invoices for completed data destruction orders in full within the payment period agreed upon with service provider.
Delivery conditions for clearance and dismantling orders IT Recycling
Hereinafter referred to as “IT Recycling.”
- All agreements and offers regarding clearance and dismantling work with IT Recycling are subject exclusively to the following conditions. Deviating and additional conditions shall only apply if and insofar as they have been expressly accepted by IT Recycling in writing. By placing the order, customer accepts the following terms and conditions.
- Payment within 8 days of receipt of invoice by bank to account of IT Recycling. Prices mentioned on our website, email correspondence and offers are always ex. VAT 21%.
- IT Recycling is entitled to execute the agreement in several phases and to invoice the part thus executed separately. If the work is interrupted, for whatever reason, IT Recycling will invoice in proportion to the completion of the work. IT Recycling is entitled to request securities from the customer at any time.
- The client is required to notify IT Recycling of hazardous materials and special circumstances that may pose a danger to IT Recycling employees or the environment.
- IT Recycling will hold the client liable if incorrect information was given about hazardous materials. In addition, reports will be filed with police and VROM inspection if necessary. The client will also be held liable for consequential and reputational damages.
- If hazardous materials prevent work during the work, IT Recycling will stop the work. Billing will then be made in proportion to the completion of the work.
- The customer is obliged to correctly inform IT Recycling of the circumstances whereby the work could hinder employees of the customer or neighbors of the customer. IT Recycling accepts no liability for hindrance or damage to (employees of) the customer or neighbors of the customer, as a result of the clearing – dismantling work.
- IT Recycling is entitled to increase the agreed price if this increase results from a power or obligation in consequence of legislation or regulations, which could not reasonably have been foreseen when the agreement was concluded.
- When the work is 90% complete, IT Recycling will make an interim delivery together with the client. There will then be a review of what work still needs to be done. A written report of this will be drawn up and signed by the parties. After these last activities have been carried out, the project is complete. After the interim delivery, it is no longer possible to complain about work not mentioned in the aforementioned report.
- IT Recycling is not liable for damage caused to: electrical installation of the premises, alarm/fire alarm system, access control system.
- IT Recycling never shuts down servers/network equipment. IT Recycling is not liable for failure of servers/network equipment that are operating in the vicinity of our operations.
- Under all circumstances, IT Recycling’s liability is limited to the amount of the order or that amount paid by any insurance.
- By placing the order, the client expressly relinquishes the property to be cleared and the objects to be dismantled, respectively. Except for hazardous materials mentioned in art 4 and 5 of these delivery conditions. The transfer of ownership therefore takes place at the time the order is placed. IT Recycling reserves the right to do whatever it thinks right with these objects.
- Client explicitly grants service provider permission to film and/or photograph the data destruction operations for marketing purposes. Any limitations to this permission must be agreed upon in advance with service provider and recorded in writing.
- All disputes that may arise as a result of the agreements to which these terms of delivery apply, or as a result of further agreements related thereto, shall be settled by the court in Den Bosch. By giving the order, the client declares to be in agreement with our AVG statement
