Terms and conditions for the supply of services

IT-recycling has drawn up terms and conditions for the following services: computer recycling – purchase of obsolete computer equipment – destruction of data – clearance and disassembly work. The customer is informed about the terms and conditions for the supply of services with every order.

Terms and Conditions for computer recycling

General terms and conditions for the supply of services and goods of ITR-Uden bv, trading under the name: IT-recycling based in Uden (NL), and registered at the Chamber of Commerce in ‘s-Hertogenbosch (NL).

1. All purchase and sales contracts with IT-recycling are exclusively subject to the following conditions. Derogation and additional conditions only apply if and insofar as IT-recycling has explicitly accepted them in writing. By placing an order, the customer accepts the following conditions.

1. Transfer of payment to IT-recycling’s bank account within 8 days of receipt of invoice.

1. After an order is made, at least €50 will be charged in the event of cancellation, unless the order is cancelled earlier than a day before the agreed collection time.

1. If the customer does not order data protection for the equipment to be collected, IT-recycling accepts no liability for the consequences of any data breaches that result from the failure to format hard drives. We accept no liability for reputational damage, losses to potential customers, costs as a result of legal proceedings, liability of customers of our customers, or any other consequential damage. By placing an order, the customer declares to be in agreement with our GDPR policy.

1. IT-recycling removes IT material, computer waste, e-waste, brown/white goods, and office furniture. Hazardous substances and household hazardous waste are expressly excluded. The following groups of materials are specifically excluded from our services: Etching substances, corrosive substances, radioactive materials (fire detectors containing radioactive substances), organic fats, carcinogenic substances, gases (including compressed gases), flammable substances, and any substances or materials that could pose a hazard to people or the environment.

1. IT-recycling holds the customer liable if incorrect information is given about hazardous substances. In addition, a report will be made to the police and the Netherlands Ministry of Housing, Spatial Planning and the Environment (VROM) Inspectorate if necessary. The customer will also be held liable for consequential damage and reputational damage.

1. Goods disposed of by IT-recycling become the property of IT-recycling. Ownership is transferred at the moment of loading. IT-recycling reserves the right to do as it sees fit with the equipment. The customer is always responsible for which materials are taken. IT-recycling accepts no liability for materials taken accidentally, except those materials listed in Article 5.

1. Any disputes that arise as a result of the agreements to which these terms and conditions to supply services apply, or as a result of further agreements related thereto, will be settled by the court in ‘s-Hertogenbosch (NL).

1. All agreements to which these terms and conditions to supply services apply are subject to Dutch law.

Terms and conditions for the purchase of end-of-life computers

These conditions only apply if the customer orders data destruction.

1. End-of-life computer equipment is always and exclusively purchased on the basis of subsequent calculations, which means the equipment is collected first and then assessed by IT-recycling’s specialists. Equipment that meets the predetermined specifications is purchased, and equipment that has lower specifications or is defective, incomplete or damaged is not purchased.
2. Purchase prices are agreed in advance in consultation with the customer, and confirmed by IT-recycling by e-mail. The parties cannot change this at a later date.
3. IT-recycling exclusively determines whether the equipment meets specifications, or is defective, damaged, or incomplete. No correspondence will be entered into on this point. Some, but by no means all, reasons why equipment may be rejected:

Defective or missing DVD/CD, no power adapter, no certificate of authenticity, cosmetic aspects, passwords, missing or empty toner, specs that are too low, other form factor than agreed.

1. Equipment rejected for whatever reason is recycled at no cost. No reimbursement is given for rejected equipment.
2. IT-recycling becomes the owner of the equipment from the time of loading. IT-recycling reserves the right to do as it sees fit with the equipment. The equipment will not be returned.
3. Payment is made on the basis of the test results by bank transfer. Payment is made to the bank account in the customer’s name. Payment can only be made to another bank account after written authorisation is given by a person authorised by the customer.
4. In its workshop in Uden, IT-recycling draws up an exact list of every batch it purchases. This list always prevails over lists made by the customer, carrier, or others.
5. IT-recycling’s liability is limited to the amount paid out by its insurers, and is in any case limited to €500.
6. In its workshop in Uden, IT-recycling draws up an exact list of every batch it purchases. This list always prevails over lists made by the customer, carrier, or others.

Terms and conditions for data destruction services

These terms and conditions for services only apply if the customer orders data destruction.

1. IT-recycling hereby declares to be fully liable for the consequences of data breaches from supplied data carriers if this is the result of culpable conduct or neglect after the start of the work.
2. This liability applies to all types of damage, such as reputational damage, loss of turnover, costs of legal proceedings, claims of copyright holders under copyright law, and claims of customers. Liability is limited to the amount paid out by IT-recycling’s insurers, and is in any case limited to €500,000 per event.
3. This responsibility enters into force at the time of transfer, in other words the moment IT-recycling receives the data carriers.
4. In the event of on-site data destruction: in the unlikely event that we have to suspend data destruction (for whatever reason) before all data carriers have been shredded, all liability lapses.
5. In the event of on-site data destruction: IT-recycling only accepts liability if an authorised representative of the customer designated in the assignment signs for the exact number of data carriers and is present during the entire shredding process.
6. IT-recycling only accepts claims if it can be proved that a data carrier was indeed offered for destruction. IT-recycling makes a record of every hard drive that is destroyed, and our liability only applies to these hard drives. It is impossible to register tapes, diskettes, CD/DVD and other data carriers because they do not bear a serial number. This means IT-recycling accepts no liability for these product categories. We accept no liability for CD/DVDs left in systems.
7. In its workshop in Uden, IT-recycling draws up an exact list of every batch of data carriers. This list always prevails over lists made by the customer, carrier, or others.
8. By signing, the customer agrees with our GDPR policy.
9. IT-recycling hereby declares to be fully liable for the consequences of data breaches from the aforementioned data carriers if this is the result of culpable conduct or neglect after the start of the work by IT-recycling.
10. We accept no liability for the consequences of data breaches in the event of theft or misappropriation before the time of data destruction. This includes theft or misappropriation during transport, irrespective of whether this is an indirect consequence of a traffic accident.
11. We accept no liability for the consequences of data breaches in cases of force majeure, such as fire, natural disasters, terrorist actions, etc.

Terms and Conditions for IT-recycling’s clearance and dismantling services.

Hereinafter referred to as “IT-recycling”.

1. All agreements and quotes concerning clearance and dismantling work by IT-recycling are exclusively subject to the following conditions. Derogation and additional conditions only apply if and insofar as IT-recycling has explicitly accepted them in writing. By placing an order, the customer accepts the following conditions.
2. Transfer of payment to IT-recycling’s bank account within 8 days of receipt of invoice. Prices stated on our website, e-mail correspondence and quotations always exclude 21% VAT.
3. IT-recycling is entitled to execute the agreement in different stages, and to invoice the executed part separately. If the work is interrupted for any reason, IT-recycling will invoice the completed work pro rata. IT-recycling is entitled to request collateral from the customer at any time.
4. The customer is obliged to inform IT-recycling about hazardous substances and special circumstances that could pose a danger to IT-recycling’s employees or the environment.
5. IT-recycling holds the customer liable if incorrect information is given about hazardous substances. In addition, a report will be made to the police and the Netherlands Ministry of Housing, Spatial Planning and the Environment (VROM) Inspectorate if necessary. The customer will also be held liable for consequential damage and reputational damage.
6. If hazardous substances hinder activities, IT-recycling will stop the work, and the customer will be invoiced pro rata according to the work completed.
7. The customer is obliged to provide IT-recycling with accurate information about the circumstances under which the work could hinder the customer’s employees or neighbours. IT-recycling does not accept liability for hinder to the customer, the customer’s employees, or the customer’s neighbours as a result of dismantling or clearance work.
8. IT-recycling is entitled to increase the agreed price if authorised or obliged to do so pursuant to legislation or regulations that could not have reasonably been foreseen when entering into the agreement.
9. When the work is 90% complete, IT-recycling will conclude an interim delivery with the customer, during which the remaining work will be surveyed. A written interim delivery report will be drawn up and signed by the parties. The project is completed after the remaining work is executed. After the interim delivery, any complaints about work not mentioned in the aforementioned report can no longer be accepted.
10. IT-recycling is not liable for damage caused to the building’s electrical installation, alarm/fire alarm system, or access control system.
11. IT-recycling never shuts down servers/network equipment. IT-recycling is not liable for the failure of servers/network equipment operating in the vicinity of its work.
12. IT-recycling’s liability is always limited to the amount of the order or the amount possibly paid out by the insurance company.
13. By assigning the order, the customer expressly renounces the goods to be cleared or the objects to be dismantled. The exception to this are hazardous substances listed in Articles 4 and 5 of these terms and conditions for the supply of services. Ownership of property is therefore transferred at the time of placing the order. IT-recycling reserves the right to do as it sees fit with these goods.
14. Any disputes that arise as a result of the agreements to which these terms and conditions for the supply of services apply, or as a result of further agreements related thereto, will be settled by the court in ‘s-Hertogenbosch (NL). By placing an order, the customer declares to be in agreement with our GDPR policy.

Terms and Conditions of Delivery for export of used computer equipment

Terms and Conditions of Delivery: The seller hereby declares that all of the second-hand IT equipment sold to the purchaser is suitable for reuse and therefore not waste. Functionality tests performed by the seller have shown that the equipment is functioning properly, is not missing essential parts or damaged in a way that can affect functionality or safety, and that it can be used directly for its original purpose. The equipment has been tested, inspected for safety and packaged according to the EN 50614 standard. The purchaser guarantees that the supplied equipment is only intended for reuse. The purchaser guarantees that the equipment will neither be used for recovery of raw materials or retrieval of components, nor will it be disposed of in landfill or by incineration. The seller provides lists of all equipment sold. The seller gives a 3-month warranty on second-hand IT equipment. Excluded from warranty are software, cartridges, batteries and cosmetic flaws. Also excluded from warranty is abuse by the purchaser or its customers. The seller is not responsible for any transport damages, unless caused by improper packing or the seller’s negligence. The seller is not responsible for any import duties, customs declarations, customs fines, or delays due to customs procedures. All equipment is sold without software and no COA other than Windows or Office. The buyer declares that it will not exercise any rights in the unlikely event that software is found on systems. All equipment must be paid in full prior to shipment to the purchaser. The equipment remains the property of the seller until full payment has been settled. The purchaser declares that all items sold will be disposed of in a proper manner after use, according to local environmental legislation. We offer our customers free recycling services. The seller will recycle all goods free of charge according to WEEELABEX standards after use and disposal. The purchaser is responsible for transport back to our premises for recycling. On the purchaser’s request, we will provide user manuals for all models and types of equipment sold within 48 hours. User manuals must be in English, and sent by e-mail or http-hyperlink. Sales are governed by Dutch law, and any disputes will be heard by the court in Den Bosch.