Cleaning conditions
Czerwinski GmbH provides cleaning services exclusively under the following conditions. Deviations are only effective if they are confirmed in writing by Czerwinski GmbH.
1. Services
When cleaning tankers and silo vehicles, Czerwinski GmbH shall, within the scope of its experience, carry out the cleaning treatments which, according to the client’s specifications, are suitable for preparing the tanks/containers for the next load. Before commencing cleaning, the client or its drivers must inform Czerwinski GmbH of any residual products remaining in the tanks/containers and give it the opportunity to carry out a joint inspection. Internal cleaning can only take place if the tank or container had been completely emptied.
2. Obligations
The client or his driving personal are obliged to name the pre-load of the tank or container correctly and completely on presentation of the freight documents and delivery notes. He confirms this with his signature.
Incorrect or incomplete information provided by the customer results in the exclusion of liability on the part of Czerwinski GmbH.
After cleaning, the client or the client’s driving personnel must immediately check the container and any other components that come into contact with the transported goods on the contractor’s premises for cleanliness and immediately report any complaints to Czerwinski GmbH in writing on the cleaning order.
After cleaning, the client or the client’s driving personnel must immediately check the container and any other components that come into contact with the transported goods on the contractor’s premises for cleanliness and immediately note any complaints in writing on the cleaning order to Czerwinski GmbH.
3. Liability
If the client fails to fulfil the obligations mentioned under point 2, the liability of the contractor lapses.
The contractor is not liable even in the event of an immediate written complaint if the client or the client’s driving personnel has removed the container from the premises before the contractor has recognised the insufficient cleaning and carried out subsequent cleaning. In the event of subsequent cleaning, these cleaning conditions again apply in full accordingly.
Czerwinski GmbH is not liable for the success of the cleaning. In addition, liability arising from this contract, regardless of the legal grounds, is limited to intent and gross negligence.
Important: Due to the lack of inspection possibilities, Czerwinski GmbH excludes any liability for the cleaning treatment with regard to the non-visible parts of tanks/containers, outlets, air lines, hoses and pumps. This applies in particular to the area of the tank outlet nozzle.
4. Compensation
To the extent permitted by law, all compensation for the client is limited to a renewed cleaning. If the renewed cleaning fails, both parties are entitled to withdraw from the contract. Any claim for compensation on the part of the client shall be limited to 15 times the cleaning fee.
5. Terms of payment
Cleaning invoices are payable immediately without deduction.
If the client is more than 4 weeks in arrears with the payment of cleaning invoices, cash payment shall be demanded for further cleanings. The delivery items shall be delivered subject to retention of title until full payment has been made. The retention of title remains in force until all claims of the supplier arising from replacement deliveries and repairs have been paid.
6. Place of fulfilment and jurisdiction
The place of fulfilment and jurisdiction for both parties is Castrop-Rauxel.
Should parts of these cleaning conditions be or become invalid, this shall not affect the validity of the remaining conditions.
The parties undertake to replace the correct condition(s) with an effective one that comes closest to the intended one(s).