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General terms and conditions

The following terms and conditions apply to iSEKK AS and associated companies, unless otherwise agreed.

Generally we pick up all bags that are ready on location upon arrival, if there are bags that should not be pick-up, this has to be specified when ordered.

The trucks are about 11 meters long and 3 meters wide. The bags may not be placed more than 10 meters from where the truck can be parked. It is the customer's responsibility to let iSEKK know if it is unlikely that a large crane truck can get to where the bags are located. If that is the case, iSEKK can offer a smaller crane truck for an additional fee.

It is the customer's responsibility to ensure that the road to the bags/containers is passable . Any time lost due to obstacles (cars in the road, etc) will be charged to the customer based on time elapsed. Transport cost will be charged to the customer if the driving assignment cannot be carried out for reasons beyond iSEKK's control. iSEKK reserves the right to refuse pick-up assignments if it requires bags to be be lifted under power / high voltage cables or in a location next to tram cables. iSEKK bags on public streets and private property are not iSEKK property until iSEKK has collected them based on an order from a customer. iSEKK only drives over a lawn given that there is a minimal risk of getting stuck or causing damage to the lawn. Driving on a lawn will only take place based on the fact that iSEKK does not bear liability for any damages to the lawn.

Complaints about damaged material caused by iSEKK truck must be reported to iSEKK as soon as possible and no later than 10 days from the time the damage has occurred. The damage is reported to iSEKK by tel: 22656100 or to post@isekk.no

1.0 iSEKK's services

iSEKK is comitted to perform its services in accordance with relevant laws and regulations, and in accordance with the terms set forth in this Agreement. iSEKK presupposes that the customer in its work complies with the laws, regulations, permits, requirements and orders from the authorities that are necessary for the performance of iSEKK's assignments at all times.

1.1 Access and accessibility to pick-up point/assignment place

It is the customer's responsibility to ensure that there are no physical obstacles that interferes with iSEKK's performance of the service. The truck is approximately 11 meters long and 3 meters wide. The bags must not be placed more than 10 meters from where the truck can stand. It is the customer's responsibility to let iSEKK know if it is unlikely that a large crane truck can get to where the sacks are located. If that is the case, iSEKK can offer a smaller crane truck for an additional fee.. In the winter, bags/containers must be cleared of snow, the road to the collection point must be plowed, and if necessary strewn with gravel. If the collection point/assignment place is not available and iSEKK can therefore not carry out the assignment, the customer will be charged for transport cost and possible rent for a container or other material. If iSEKK has to wait more than 10 minutes to complete the assignment, the customer will be charged for the additional time elapsed. iSEKK reserves the right to refuse pick-up assignments if it requires bags to be be lifted under power / high voltage cables or in a location next to tram cables. iSEKK will in each case assess whether it is appropriate to implement measures to enable the assignment to be carried out without the customer being charged for transport cost or waiting time. When implementing such measures, the customer is charged for the time spent working to clear the obstacle on the road. This will normally only be done if this cost is considered lower than the transport cost or waiting time. The same applies to any other matters for which the customer is responsible and which entail a waiting time. iSEKK may refuse to carry out an assignment where the waiting time exceeds 30 minutes. Sacks should not be placed up to house walls due to the fire hazard it presents.

1.2 Treatment procedures and guidance, etc.

Unless otherwise agreed, the collection point must be on the ground floor and no further than 10 meters from the car park. Deviations from this entail invoicing of extra time used due to the walking distance.

The customer is obliged to ensure that the agreed bag/container does not contain other materials than what has been agreed or what the sack/container is intended for. Should there be any deviations from this, a sorting fee, deviation and reclassification fee will be charged to the cusomer. The customer is obliged to provide the necessary information about the material to iSEKK, as well as handle it in accordance with iSEKK's instructions.

iSEKK has the right to check the material before collection, and may refuse to transport it away if the content is in conflict with the agreement or the authorities' regulations. In such cases, iSEKK is obliged to notify the customer.

Explosive or radioactive material must never be thrown into any of iSEKK's collection equipment. Hazardous waste must only be collected in specially adapted and marked collection equipment.

1.3 Renting of space on public streets

Where a street-rent has been introduced by the municipality or something of the like, iSEKK must apply for a permit for parking on public grounds, if the customer has not already applied for this. iSEKK will then re-invoice the municipal fee per. commenced day.

If a container has been placed on a public street and a daily fee is running, during the rental-period, the customer have to report to iSEKK if the container is moved to a private area so iSEKK can end the rental.

1.4 Additional costs

Additional costs incurred during the performance of the service will be charged to the customer according to current rates. This can e.g. be toll fees, ferry costs, overtime, extra waste, helper, pick-up lacation requires small truck. This applies both to the execution of individual assignments and to scheduled services.

If there is a need for a truck with extra fees (for example small truck)at an adress, iSEKK will use this in every operation at the adress/project unless the customer informs iSEKK of any changes which allows the standard truck to perform the pick-up.

1.5 Filling of bags/containers

Bags and containers must not be filled beyond their height or width or its allowed weight. The Big iSEKK must not be filled with heavy materials (Such as stones, concrete, soil, gravel). It must also not be heavier than what is permitted for the transport of goods on the applicable route. iSEKK may refuse to carry out assignments if this is not complied with, or charge the customer a fee for time spent on securing cargo.

1.6 Resposibility for collection equipment

The customer has a normal duty of care for containers and other collection equipment and can be liable for any negligent treatment to both iSEKK and third parties.

It must be ensured that containers and collection equipment are not placed so that it can tip over. Necessary washing inside / outside is the customer's responsibility.

The customer is responsible for ensuring that all public law rules that apply to equipment located inside Miljøsafe are complied with, e.g. that control has been carried out in accordance with regulations on fire prevention (FOR-2015-12-17).

1.7 Securing cargo on pallet

When loading on a pallet, the customer is responsible for ensuring that the goods are properly stacked and secured on the pallet. If there is a danger that the goods may shift and cause damage, this must be secured with straps, plastic or other sufficient securing. If this is not done in a satisfactory manner, iSEKK may refuse to carry out the assignment and the customer may be charged for the assignment in its entirety.

1.8 Prices

The prices are stated in a separate appendix. Unless otherwise agreed, prices are subject to change without notice. Unless otherwise agreed, prices for all items delivered to iSEKK's facilities apply.

1.9 Payment terms

The payment terms on the invoice/credit note are net per 15 days, unless otherwise agreed.

In the event of late payment, default interest is calculated in accordance with the current law on interest in the event of late payment from the due date and until payment takes place.

1.10 Invoicing of deviation fees

Unless otherwise agreed, our defined standards apply to both goods, services and equipment. These are made available on iSEKK's website www.isekk.no. Deviations from the defined standard or our general terms and conditions are charged to the customer in accordance with applicable deviation provisions.

To cover our costs related to invoicing, the customer will be charged an administration fee according to our current rate.

1.11 Time and routines for waste collection and execution of assignments

iSEKK will strive to carry out assignments at the agreed time. If this is still not possible, iSEKK shall, if feasible, notify the customer and agree on a new time for the execution of the assignment. iSEKK, however, disclaims any responsibility for possible losses/claims as a result of failure to pick up/perform assignments.

If an assignment has been agreed to be performed at a fixed time, and this falls on a public holiday, iSEKK may change the time for collection of the waste to the previous or following working day without prior notice to the customer.

1.12 Relocating sacks/containers at special events

Costs incurred by orders from the public sector regarding relocating sacks/containers in connection with the May 17 celebrations, state visits and other similar events, which is beyond iSEKK’s control, shall be covered by the customer.

1.13 Subcontractors

iSEKK has the right to use subcontractors when performing work in accordance with present contract. These must follow the same requirements for procedures etc. as set out in the agreement.

However, in all matters concerning the agreement, the customer must relate directly to iSEKK and not to the subcontractor, unless otherwise agreed.

1.14 Insurance

iSEKK shall keep its own material and equipment insured against fire and damage throughout the agreement period. If iSEKK's equipment is damaged as a result of conditions for which the customer is responsible, the damage shall be covered by the customer. iSEKK's insurance does not cover such cases.

1.15 Quality requirements

Quality requirements related to the various materials and a more detailed description of bags and containers are available on our website www.isekk.no. Guidance is given at https://www.isekk.no/vikten-info/hva-skal-ikke-kastes-i-isekk/ and description given at https://www.isekk.no/produkter/. With reference to licenses granted for iSEKK's facilities, it is illegal to deliver the following together with residual waste: hazardous waste, wet organic waste, sewage sludge, liquid waste, radioactive waste, explosive waste, infectious waste, EE waste etc. Deviations from this will be charged with deviation fees according to the applicable rates and any additional costs associated with reclassification or additional sorting may be charged to the customer. There may be some local deviations from this.

1.16 Right of disposal of the waste

In accordance with the authorities' regulations, the customer is responsible for the waste until final disposal has taken place. iSEKK has the right to dispose of the collected material after collection from the customer and controls where this is to be delivered, processed and finally disposed of. iSEKK will do this in line with current laws and regulations.

1.17 Reporting

The parties shall keep each other informed of matters that are important for the implementation of the agreement and seek to rectify errors and omissions consecutively.

1.19 Changes and additions

There is a breach of the agreement in its entirety, or partly if one of the parties does not fulfill the provisions of the agreement and this is not due to circumstances for which the other party is responsible. Unless otherwise provided in this Agreement, each of the parties may, in the event of a breach, invoke the breach powers that follow from general contract law rules, including claims for rectification, price reductions and compensation.

iSEKK has the right to suspend assignments at any time due to not insignificant quality deviations or due to lack of documentation of what the waste consists of.

In the event of non-payment, iSEKK has the right to suspend its services under the agreement / orders until the customer has paid.

iSEKK may terminate the agreement in the event of a material breach by the customer. iSEKK may also terminate the agreement/order if (i) there is a risk of, or that the customer initiates debt negotiations or comes under accord or bankruptcy proceedings or (ii) there is a suspicion that the customer is involved in fraud or corruption - or other serious fraud which would destroy the relationship of trust between the parties in an irreparable way. Declaration of cancellation must be made in writing.

If the customer believes that there are deficiencies in the execution of the assignment, the customer is obliged to complain in writing to iSEKK within 10 days of receiving the invoice. Complaints that are not received by iSEKK within 10 days are considered late and will be rejected.

If the customer suffers a financial loss as a result of negligence or error from iSEKK, the customer can only claim his direct loss compensated. The financial responsibility of iSEKK towards the customer is in all cases upwards limited to the value of the individual assignment.

1.20 Personnel

The parties shall ensure that work under the agreement is performed by qualified personnel and that the work is performed in accordance with applicable laws and regulations.

1.21 Special conditions

The above standard terms and conditions apply between the parties unless otherwise stated in writing in the agreement signed between the parties.

The agreement can be freely transferred to any company in the Norsk Gjenvinning-Group.

1.22.1 Special provisions for hazardous waste

iSEKK will arrange for collection, transport and destruction in accordance with applicable laws, regulations and granted permits. Transport of hazardous waste shall take place in accordance with to any applicable ADR regulations (the European Agreement concerning the International Carriage of Dangerous Goods by Road). The customer is obliged to provide the necessary information about the waste, as well as handle this in accordance with iSEKK's instructions and current regulations. The customer is responsible for authorizing iSEKK for the declaration of hazardous waste, or for the correct completion and signing of the declaration form. iSEKK may reject deliveries of hazardous waste that have not been correctly and properly declared. The customer is responsible for damages and losses that may arise as a result of incorrect handling or declaration by the customer.

All hazardous waste must be packaged in accordance with regulations. All packaging for hazardous waste must be undamaged, not overfilled, marked with type of waste. The customer is obliged to ensure that bags or containers do not contain other types of waste than agreed and ensure that different types of hazardous waste are not mixed. It must be possible to document this in the form of analyzes or other relevant information. Bags or containers for hazardous waste must be placed so that unauthorized persons and animals do not have access to the waste. Furthermore, it must be placed in compliance with the fire regulations.

iSEKK has the right to take samples of the delivery and carry out further analyzes. If it turns out that there are deviations in relation to the declaration, the customer will be charged for all costs related to both sampling, analyzes, final disposal and any additional shipping.

1.22.2 Special provisions for E-Waste

The customer is responsible for ensuring that E-.waste is not mixed with other waste. The E-waste must be sorted according to the main groups for the given product group, and handled with care, so that the waste is not crushed and harmful environmental toxins leak out or go astray. Light bulbs, energy-saving bulbs and fluorescent lamps must be stored in closed boxes and not mixed with other E-waste. For questions about sorting groups, contact the customer manager for your agreement or our customer center.

1.23 Anti-corruption

The customer shall not give or offer any form of payment, services, gifts, refreshments or other benefits/advantages to iSEKK's employees, representatives, partners or closely related persons for the purpose of directly or indirectly influencing the way the person performs his work. Similarly, no company in iSEKK or its employees shall provide or offer payment, services, gifts, catering or other benefits to the customer or his business partners for the purpose of influencing the way the customer or customer's business partners perform their duties. It is sufficient that a request or an offer of an act of corruption is made for the act to be illegal. It is thus not a precondition that the undue advantage accrues to the person of whom an attempt is made to exert influence. Any attempt at such actions will be reported.

Gifts and other services/benefits to iSEKK’s employees, representatives, partners or closely related persons should be avoided and can only be given to the extent that they are insignificant, both in value and frequency, and provided that time and place are appropriate. Gifts, meals and entertainment shall not be offered in connection with tenders, tender evaluations or the award of contracts.

iSEKK must always pay for travel and accommodation for its employees.

1.24 Force majeure

If the execution of the agreement or an assignment is completely or partially hindered or significantly hampered due to events that under Norwegian law are considered force majeure, the affected party's obligations are suspended for as long as the relationship lasts. The other party's recompensation is suspended for the same period. Such conditions include, but are not limited to, war or war-like condition, strikes, natural disasters, sabotage, as well as a mandatory decision made by a public authority or the court. The party who wishes to invoke force majeure shall immediately inform the other party of the reason for the force majeure situation, the expected duration, and inform when the situation has ceased. In cases of force majeure, each of the parties shall bear its own costs associated with the force majeure situation.

1.25 Significant changes in framework conditions

In the event of significant changes in the public framework conditions for the parties' activities, such as changes/changed practice of laws, regulations, fees, requirements and orders, and which entails that the financial obligations of one of the parties change significantly in relation to what applied at the time of conclusion of the agreement, each of the parties may demand renegotiation of the agreement.

1.26 Arbitration

This agreement is governed by Norwegian law.

If a disagreement arises between the parties in connection with the agreement or the execution of an assignment, the dispute shall be resolved through negotiations. If such negotiations do not take place, the case shall be decided by arbitration in accordance with the provisions of the Arbitration Act.

1.27 Acceptance

An offer from iSEKK is considered accepted by the customer upon signing the agreement or at the customer's first order of assignment. If the customer relationship has been inactive for more than 2 years, the agreement cannot be invoked by the customer.