Delivery conditions computer recycling
Established in Uden and filed with the Chamber of Commerce in ‘s-Hertogenbosch.
- All contracts of purchases and sales with IT Recycling are subject exclusively to the following terms and conditions. Deviating and additional conditions shall apply only 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 will be agreed upon beforehand 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.
Reasons for rejection can also, but certainly not exclusively, be: 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 Uden.
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 Uden.
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 to be fully liable for the consequences of leaks of information on offered data carriers, should this occur due to culpable behavior or omissions after the date of start 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 harddisk that is destroyed and our liability only applies to those harddisks.
For tapes, diskettes, CD/DVD and other data carriers, registration is impossible because they do not carry a serial number.
For these last two categories, IT-recycling does not accept any liability.
We do not accept liability for CD/DVD left behind in systems. - IT-Recycling makes an exact list of each batch of data carriers in our warehouse in Uden.
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 leakage of information on the above data carriers, should this 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 to Disclose 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 as part of data destruction is and shall remain the property of Client, and no provision of this Agreement shall be construed to alienate (whether gratuitously or not) or grant rights in such confidential information to Service Provider.
- Non-confidential information IT Recycling accepts no liability for non-confidential information such is information that:(a) is already known to a third party, after such information has been disclosed by a party, other than the client or service provider, to such third party without such party having or having breached a duty 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 empowered for such purpose.
- Acceptance of orders IT-recycling will only accept orders for data destruction that have been established via its Internet site and that have been signed by an authorized employee of the client.
Liability for the disclosure of information on data carriers for which no order was placed in the way 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 related to child pornography, human rights violations, international terrorism, international drug trafficking, neo-soviet imperialist war crimes and other war crimes. - Revocation of a given order IT-recycling is not aware of the content and location of data on data carriers.
Therefore, IT-recycling cannot be held liable for the non-return or incorrect return of not yet destroyed data carriers in case of the revocation of an already issued order by the customer. - 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.
- Formation of the non-disclosure agreement The non-disclosure agreement is necessary to establish liability of the parties and is concluded with the award of the assignment.
The legally valid conclusion of this agreement is only possible through digital signature by an authorized employee or representative of the client. - 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 assignments are performed either at the client’s location 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.
Supply conditions for clearance and disassembly orders IT recycling
Hereinafter referred to as “IT recycling.”
- All contracts and quotations regarding clearance and dismantling work with IT Recycling are subject exclusively to the following terms and conditions. Deviating and additional conditions shall apply only 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 perform the contract in several phases and invoice the part thus performed separately.
If the work is interrupted, for whatever reason, IT-recycling will invoice according to the ratio the work is completed.
IT-recycling is entitled to request securities from the customer at any time. - The client is obliged 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 interfere with the work during the work, IT Recycling will stop the work.
There will then be billing in proportion to the completion of the work. - The customer is obliged to correctly inform IT-recycling about the circumstances that could cause nuisance to employees of the customer or neighbors of the customer.
IT-recycling accepts no liability for nuisance or damage to (employees of) the customer or neighbors of the customer, as a result of the clearance – dismantling work. - IT-recycling is entitled to increase the agreed price, if this increase results from a power or obligation in consequence of law or regulations, which was not reasonably foreseeable at the conclusion of the contract.
- When the work is 90% complete, IT recycling will do an interim delivery together with the client.
We will then determine which work still needs to be done.
A written report will be drawn up and signed by the parties.
After carrying out this last work, 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 damages 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 working in the vicinity of our activities. - 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 moment of placing the order.
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
