IT Recycling Terms and Conditions cover: computer recycling – purchase of obsolete computer equipment – data destruction – clearing and dismantling work. For each assignment, the customer will be informed of the terms and conditions of delivery.
Terms and Conditions of Computer Recycling
General sales and delivery terms of IT-recycling Uden B.V., trading under the name:
Registered in Uden and registered with the Chamber of Commerce in ‘s-Hertogenbosch.
1.All agreements of purchase and sale with IT Recycling are exclusively subject to the following conditions. Deviating and additional conditions only apply if expressly accepted in writing by IT Recycling. By placing an order, the customer accepts the following conditions.
2.Payment within 8 days after receipt of invoice to the bank account of IT Recycling.
3.In case of cancellation after placing an order, a minimum of 50 euros will be charged, unless cancellation occurs more than one day before the agreed pickup time.
4. If the customer has not requested data security for the equipment to be collected, IT Recycling accepts no liability for the consequences of data leakage resulting from the failure to format hard drives. We do not accept liability for: reputational damage – loss of potential customers – costs resulting from legal proceedings – liability of customers of our clients and other possible consequential damages. By placing the order, the customer declares agreement with our GDPR statement.
5.IT Recycling handles IT material – electronic waste – brown/white goods and office furniture disposal. Specifically excluded are hazardous substances – and small chemical waste. The following groups of materials are specifically excluded from our services: etching substances – corrosive substances – radioactive materials (smoke detectors containing radioactive substances) – organic fats – carcinogenic substances – (compressed) gases – inflammable substances. Furthermore, all substances and materials that could be hazardous to human health or the environment.
6. IT Recycling holds the client responsible if incorrect information is provided about hazardous substances. Additionally, if necessary, a report will be filed with the police and the Inspectorate of the Environment. The client will also be held liable for subsequent damage and reputational damage.
7. Goods removed by IT Recycling become the property of IT Recycling. The moment of transfer of ownership is the moment of loading. IT Recycling reserves the right to do as it pleases with the equipment. The customer is always responsible for the materials taken away. IT Recycling accepts no liability for inadvertently taken materials, except for the materials mentioned in point 5.
8. Any disputes arising from the agreements to which these general sales conditions apply, or from further agreements related to them, will be settled by the court in Den Bosch.
9. The client explicitly grants the service provider permission to film and/or photograph the data destruction activities for marketing purposes. Any restrictions on this permission must be agreed upon and documented in writing with the service provider in advance.
10. All agreements to which these general sales conditions apply will be subject to Dutch law.
Terms and Conditions of Obsolete Computer Equipment Purchase Service
These terms apply only if the client requests a purchase of obsolete computer equipment.
1.Purchase of obsolete computer equipment is always and exclusively based on post-calculation. This means that equipment is collected and then assessed by IT Recycling specialists. Equipment that meets the pre-specified specifications will be purchased, while equipment with lower specifications, defects, incompleteness, or damage will not be purchased.
2.The purchase prices will be agreed upon in advance in consultation with the client and confirmed by IT Recycling via email. Parties cannot renegotiate these prices later.
3.Whether equipment meets specifications or is defective/damaged/incomplete can only be determined by IT Recycling. Correspondence on this matter is not permissible. Reasons for rejection may also include, but are not limited to: defective or missing DVDs/CDs, no power adapter, no Certificate of Authenticity (COA), cosmetic aspects, passwords, no or empty toner, insufficient specifications, different form factor than agreed upon.
4.Equipment that is rejected for any reason will be recycled at no cost. No compensation will be given for rejected equipment.
5.IT Recycling remains the owner of the equipment from the moment of loading. IT Recycling reserves the right to do as it pleases with the equipment. Equipment will not be returned.
6. Payment is made based on the test results and always via bank transfer. Payment is made to the bank account under the name of the client. Payment to a different bank account is only allowed after written authorization from an authorized signatory of the client.
7. IT Recycling creates an exact list of each batch of equipment we purchase, which is done in our facility in Uden. This list always takes precedence over lists created by the client, transporter, or others.
8. All liability of IT Recycling is limited to the amount potentially paid out by our insurance and in any case capped at €500.
9. IT Recycling creates an exact list of each batch of equipment we purchase, which is done in our facility in Uden. This list always takes precedence over lists created by the client, transporter, or others.
Terms and Conditions of Data Destruction
These terms apply only if the client has requested data destruction.
1.IT Recycling hereby declares full liability for the consequences of information leakage from offered data carriers, if such leakage occurs due to blameworthy actions or omissions after the start date of the work.
2.This liability applies to all types of damage, such as reputational damage, loss of revenue, costs of legal proceedings, claims from copyright holders under copyright law, and claims from clients. Liability is limited to the amount paid out by our insurance and in any case to a maximum of €500,000 per incident.
3.This responsibility begins at the moment of transfer, meaning when we receive the data carriers.
4.In the event of on-site data destruction: in the unlikely event that our data destruction operation has to be stopped (for whatever reason) before all data carriers have been processed through the shredder, all liability is waived.
5. In the event of on-site data destruction: we only accept liability if an authorized representative of the client, designated in the order, is present during the entire shredding process and has signed for the exact number of data carriers.
6. IT Recycling only accepts claims if it can be proven that a data carrier was indeed offered for destruction. IT Recycling records every hard drive that is destroyed, and our liability only applies to those hard drives. Tapes, floppy disks, CDs/DVDs, and other data carriers cannot be registered because they do not bear serial numbers. Therefore, IT Recycling accepts no liability for the latter two categories. We do not accept liability for CDs/DVDs left in systems.
7. IT Recycling creates an exact list of each batch of data carriers we destroy, which is done in our facility in Uden. This list always takes precedence over lists created by the client, transporter, or others.
8. By signing, the customer declares agreement with our GDPR statement.
9. IT Recycling hereby declares full liability for the consequences of information leakage from the aforementioned data carriers, if such leakage occurs due to blameworthy actions or omissions after the start date of the work by IT Recycling.
10. We do not accept liability for the consequences of information leakage in cases of theft or misappropriation prior to the date of data destruction. This includes theft – misappropriation (whether or not as an indirect result of a traffic accident) during transport.
11. We do not accept liability for the consequences of information leakage in cases of force majeure such as fire, natural disasters, terrorist actions, etc.
12. Information Obligation
IT Recycling will immediately inform the client of any disclosure of the confidential information described above, to which this agreement pertains, or of a summons or other legal proceeding requiring production or disclosure of said confidential information, as soon as the service provider becomes aware of it.
13. Ownership of Confidential Information
All confidential information shared with IT Recycling in the context of data destruction is and remains the property of the client, and no provision in this agreement shall be construed as alienating (whether for free or otherwise) or granting rights to such confidential information to the service provider.
14. Non-Confidential Information
IT Recycling accepts no liability for non-confidential information, which is information that:
(a) is already known to third parties, after such information has been disclosed to a party other than the client or the service provider by that party, without such party having an obligation of confidentiality towards the client or having violated such obligation; or
(b) is generally known or becomes so through a lawful act of a third party, its employees, officials, directors, or agents; or
(c) has been approved for release by the client; or
(d) is disclosed pursuant to requirements set by law, a Court, Court of Appeal, the Supreme Court of the Netherlands, or other competent governmental authorities.
15. Acceptance of Orders
IT Recycling accepts orders for data destruction that are placed through its website and signed by an authorized employee of the client. Liability for the general disclosure of information on data carriers for which no order has been placed in the manner described above is excluded.
16. Matter Overarching Social Interest
IT Recycling reserves the right to transfer information to relevant authorities if a legal obligation exists for this or if IT Recycling has a reasonable suspicion of the presence of data related to a criminal offense. 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.
17. 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 the client revokes an already given order.
18.General Obligation of Confidentiality
Neither party shall, without the prior written consent of the other party, disclose the existence or terms of the confidentiality agreement to third parties, publish it, or otherwise make it public.
19. Formation of the Confidentiality Agreement
The confidentiality agreement is necessary to establish liability between the parties and is concluded upon the issuance of the order. This agreement can only be validly concluded through digital signature by an authorized employee or representative of the client.
20. Payment Obligation for Completed Data Destruction Orders
Data destruction orders are executed either at the client’s location or at IT Recycling’s premises. After completion of the data destruction work, the client will receive the list(s) of destroyed data carriers, the corresponding certificates, and the invoice for the destruction work. The client will never compel IT Recycling to invoice through websites, web applications, or payment sites. By signing this confidentiality agreement, the client commits to fully settle invoices for completed data destruction orders within the payment term agreed with the service provider.
Terms and Conditions for Clearing and Dismantling Orders by IT Recycling
Hereinafter referred to as “IT Recycling.”
1. All agreements and quotations regarding clearing and dismantling work with IT Recycling are exclusively subject to the following conditions.Deviating and additional conditions only apply if expressly accepted in writing by IT Recycling. By placing an order, the customer accepts the following conditions.
2. Payment within 8 days after receipt of invoice to the bank account of IT Recycling. Prices mentioned on our website, email correspondence, and quotations are always excluding 21% VAT.
3. IT Recycling is entitled to carry out the agreement in different stages and to invoice each completed part separately. If the work is interrupted, for whatever reason, IT Recycling will invoice according to the ratio of completed work. IT Recycling is entitled to request security from the client at any time.
4. The client is obliged to inform IT Recycling of hazardous substances and special circumstances that could pose a risk to the employees of IT Recycling or the environment.
5. IT Recycling holds the client responsible if incorrect information is provided about hazardous substances. Additionally, if necessary, a report will be filed with the police and the Inspectorate of the Environment. The client will also be held liable for subsequent damage and reputational damage.
6. If hazardous substances during the work prevent its continuation, IT Recycling will stop the work. In such cases, billing will be based on the ratio of completed work.
7. The client is obliged to provide accurate information to IT Recycling about circumstances that could potentially hinder the work for employees of the client or the neighbors of the client. IT Recycling accepts no liability for hindrance or damage to (employees of) the client or neighbors of the client as a result of clearing and dismantling work.
8. IT Recycling is entitled to increase the agreed price if this increase results from an authority or obligation under law or regulations that was not reasonably foreseeable at the time of entering into the agreement.
9. When the work is 90% completed, IT Recycling will perform a mid-term inspection together with the client. It will be assessed which tasks still need to be completed. A written report will be prepared and signed by both parties. The project will be considered completed after performing these final tasks. No complaints can be made about work that is not mentioned in the aforementioned report after the mid-term inspection.
10. IT Recycling is not liable for damage to: the electrical installation of the premises, alarm/fire alarm system, access control system. IT Recycling never turns off servers/network equipment.
11. IT Recycling is not liable for the shutdown of servers/network equipment working in the vicinity of our work.
12. Under all circumstances, IT Recycling’s liability is limited to the amount of the order or the amount that may be paid out by an insurance, whichever is lower.
13. By providing the order, the client explicitly waives the right to the property being cleared, or the objects being dismantled. Excluded are hazardous substances mentioned in articles 4 and 5 of these terms and conditions. The transfer of ownership takes place at the time of placing the order. IT Recycling reserves the right to do as it pleases with these objects.
14. The client explicitly grants the service provider permission to film and/or photograph the data destruction activities for marketing purposes. Any restrictions on this permission must be agreed upon and documented in writing with the service provider in advance.
15. Any disputes arising from the agreements to which these terms and conditions apply, or from further agreements related to them, will be settled by the court in Den Bosch. By placing the order, the customer declares agreement with our GDPR statement.