1. Scope and contracting parties
1.1 These General Terms and Conditions (hereinafter the “Terms”) govern all legal relations between Prorec GmbH, Güterstrasse 12, 3360 Herzogenbuchsee, UID CHE-295.370.815 (hereinafter “Muldex” or “Prorec”), as operator of the muldex.ch platform, and the customer (hereinafter the “Customer”). They apply to all services offered on the website, in particular:
- the hire and management of skips, containers and big bags (Welaki 4–10 m³, roll-off containers 20–36 m³, flat skips 5–10 m³);
- delivery, management during the hire period, collection and proper disposal of the material collected in the containers.
1.2 The Customer’s own terms and conditions do not apply; they are expressly excluded, even if they are not expressly objected to (cf. Federal Supreme Court decision BGE 100 II 200). Individual written agreements take precedence over these Terms.
1.3 Where the Customer is a consumer within the meaning of Art. 32 CPC, the mandatory provisions of consumer protection law remain reserved.
2. Conclusion of the contract via the online platform (Art. 1, 3–7 CO)
2.1 The final prices displayed on muldex.ch (order amount in CHF incl. VAT) are calculated automatically during the ordering process on the basis of the data entered by the Customer — waste type, container size and postcode of the delivery address. They constitute a binding offer by Prorec GmbH within the meaning of Art. 7 para. 3 CO, subject to the accuracy of the Customer’s details and to the confirmation provided for in clause 2.3.
2.2 By submitting the order form, the Customer makes a binding declaration of acceptance.
2.3 The contract is concluded as soon as Prorec GmbH accepts the order by means of a written or electronic order confirmation (by email), as a rule within 24 hours of receipt of the order. Prorec GmbH reserves the right to reject orders without giving reasons, in particular in the case of postcodes that are not served, an insufficient description of the location or an unclear declaration of the material.
2.4 If, after receipt of the order, it turns out that the Customer’s details (postcode, material, container size) do not correspond to the actual circumstances, Prorec GmbH is entitled to adjust the price accordingly or to withdraw from the contract. It will inform the Customer in advance.
3. Prices, VAT and payment
3.1 Unless expressly stated otherwise, all prices are in Swiss francs (CHF) including value added tax (VAT) in accordance with Art. 24 et seq. VATA (SR 641.20). The order price includes delivery, the customary hire period as per the quote, collection and the proper disposal of the declared material.
3.2 Any additional billing by quantity or weight is based on the calibrated scales at Prorec GmbH’s processing site, set up in accordance with the requirements of the Federal Act on Metrology (MetA, SR 941.20) and the Measuring Instruments Ordinance (MIO, SR 941.210). Any deductions or surcharges for adhering material, impurities or special fractions are documented in a traceable manner on the basis of the sorting reports.
3.3 Invoices are payable strictly net within 30 days of the invoice date (Art. 75 CO). In the event of late payment, the Customer owes default interest of 5% p.a. under Art. 104 para. 1 CO without any reminder being required; the right to claim further damages under Art. 106 CO is reserved. Reminder and collection costs are borne by the Customer.
3.4 Set-off against claims that the Customer alleges to have against Prorec is excluded unless Prorec has expressly acknowledged them.
4. Skip and container service
4.1 Subject matter of the contract. Prorec GmbH provides the Customer with skips, containers or big bags on a hire basis and takes care of the proper disposal of the material collected in them. This is a mixed contract with elements of a lease (Art. 253 et seq. CO) and of a disposal contract or contract for work and services (Art. 363 et seq. CO).
4.2 Location and permits. The Customer shall provide a location that is load-bearing, has a firm surface and can be reached by the lorry in reverse. Obtaining any permits required for placement on public ground (municipal traffic order under the Road Traffic Act, RTA, SR 741.01, and cantonal road law) is the Customer’s responsibility. The Customer is liable for all damage to road surfaces, utility lines or third-party property resulting from an unsuitable location.
4.3 Permitted filling. The skip may contain only the material declared at the time of ordering (e.g. mixed rubble, construction debris, excavated soil, waste wood, bulky waste, green waste, scrap metal). Mixing with undeclared material is prohibited. Loading above the top edge is also prohibited for reasons of road traffic law (Art. 30 RTA, Art. 73 TRO); in the event of overloading, Prorec is entitled not to remove the skip or to reload it on site, with the additional costs borne by the Customer.
4.4 Special waste and refusal of acceptance. Special waste within the meaning of the Ordinance on Movements of Waste (OMW, SR 814.610), in particular building components containing asbestos (cf. ORRChem, SR 814.81, Annex 1.6), components containing PCBs, refrigerants containing fluorinated hydrocarbons, ammunition, radioactive substances and pressure vessels that have not been emptied, must not be placed in the skip without a prior written agreement and a valid consignment note under Art. 4 OMW. If such substances are found without having been declared, the Customer owes all costs of their separate disposal plus a flat-rate handling fee of CHF 250.– per incident, subject to compensation for further damage.
4.5 Customer’s liability during the hire period. During the hire period, the Customer is liable for the skip, for improper filling and for damage to third parties caused by the skip, its contents or a lack of barriers (by analogy with the liability of owners of buildings or other structures, Art. 58 CO).
4.6 Hire period and extension. The hire period stated in the order confirmation is included in the flat rate. Extensions are charged separately at the daily rates applicable at the time.
5. Dates, force majeure
5.1 Delivery periods and collection dates are in principle approximate. Binding dates require express written agreement.
5.2 Events of force majeure, in particular natural events, orders by the authorities, strikes, energy or fuel shortages, pandemics and blockades of major transport routes, as well as unforeseeable interruptions in supply, release Prorec from its obligation to perform for as long as they last and exclude any claim by the Customer for damages arising from them. In the event of a delay of more than 60 days, both parties are entitled to withdraw from the contract without compensation.
6. Cancellation and changes by the Customer
6.1 The order may be cancelled free of charge up to 48 hours before the agreed delivery date. For later cancellations, the costs incurred up to that point (scheduling, travel) must be reimbursed, subject to a minimum flat fee of 25% of the order amount.
6.2 Changes to the address, the container size or the type of material are possible and are recalculated on the basis of the rates then applicable.
7. Liability for defects (Art. 197–210 CO)
7.1 The Customer must inspect the delivery or the work immediately upon receipt and give written notice of any defects without delay, but no later than within seven (7) calendar days (Art. 201 CO; for a contract for work and services, Art. 367 CO). Hidden defects must be notified immediately upon discovery.
7.2 If a notice of defects is justified, Prorec is entitled, at its option, first to remedy the defect or to provide a replacement. If the remedy fails, the Customer may demand a price reduction or rescission of the contract within the limits provided by law.
7.3 The limitation period for warranty claims is two (2) years from handover (Art. 210 para. 1 CO), unless mandatory statutory provisions prescribe a longer period.
8. Prorec’s liability
8.1 Prorec is liable for proven direct damage up to the amount of cover of its business liability insurance. Liability for indirect or consequential damage, in particular loss of profit, loss of production and contractual penalties owed to third parties, is excluded — to the extent permitted by law. Mandatory law remains reserved, in particular liability for damage caused intentionally or through gross negligence (Art. 100 para. 1 CO) and product liability (Product Liability Act, PLA, SR 221.112.944).
8.2 Prorec is not liable for damage resulting from incorrect or incomplete information provided by the Customer, unsuitable locations or interference by third parties.
9. Retention of title
Until all claims have been paid in full, equipment and skips delivered remain the property of Prorec GmbH (Art. 715 CC). Prorec is entitled to have the retention of title entered in the register of retention of title agreements at the acquirer’s place of residence.
10. Data protection
Personal data collected in the course of initiating and performing the contract is processed in accordance with the revised Federal Act on Data Protection (FADP, SR 235.1) and our privacy policy.
11. Severability clause
Should individual provisions of these Terms be wholly or partly invalid, void or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the permissible provision that comes closest to the economic purpose of the invalid provision.
12. Applicable law and place of jurisdiction
12.1 These Terms and all legal relations arising from them are governed exclusively by substantive Swiss law, to the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG / Vienna Sales Convention, SR 0.221.211.1).
12.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is — to the extent permitted by law — Bern (Regionalgericht Bern-Mittelland, the Bern-Mittelland Regional Court), at the registered office of Prorec GmbH, as the agreed place of jurisdiction under Art. 17 CPC. The mandatory places of jurisdiction under the Swiss Civil Procedure Code (CPC, SR 272) remain reserved, in particular Art. 32 CPC for consumer disputes, as does the consumer conciliation procedure.
12.3 Prorec remains entitled to sue the Customer at the Customer’s ordinary place of jurisdiction.