02 eneral Terms and Conditions anar 2018 - Twence3cfc217c-e009-46fa... · 1. Presentation period: the period specified in the contract within which Contracting party must present

1. General Terms and Conditions2. Acceptance conditions3. Site and safety regulations

January 2018

General Terms and Conditions – January 2018 02

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Table of contents

General Terms and Conditions

Foreword

Article 1 Definitions

Article 2 Applicability of General terms and conditions

Article 3 Permits

Article 4 Offer/quotation

Article 5 Prices and security

Article 6 Contract

Article 7 Presentation, transport and delivery of Waste

Article 8 Ownership and risk

Article 9 Acceptance of Waste; Obligations of Contracting party

Article 10 Payment by Contracting party

Article 11 Payment by Twence

Article 12 Entering the Processing plant; instructions

Article 13 Liability of Contracting party

Article 14 Liability of Twence and indemnity

Article 15 Force majeure; right of suspension of Twence

Article 16 Termination of contract

Article 17 Right of retention

Article 18 Interpretation

Article 19 Confidentiality and intellectual property rights

Article 20 Transfer of rights and obligations

Article 21 Applicable law and disputes

Article 22 Translation

Additional provisions for the sale and supply of Raw materials

Article 23 Supply

Article 24 Export

Article 25 Inspection obligation; right of recovery of Contracting party

Article 26 Manufacturer’s responsibility

Article 27 Retention of title of Raw materials

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Table of contents

Acceptance conditions

Foreword

1 Acceptance conditions: general

1.1 List of Waste that can be presented to Twence

1.2 Acceptance conditions for all waste to be presented

1.3 The moment of actual Acceptance

2 Acceptance conditions per processing method

2.1 Conditions of delivery to the energy from waste plant

2.2 Conditions of delivery to the materials recycling facility

2.3 Conditions of delivery to the composting plant

2.4 Conditions of delivery to the anaerobic digestion plant

2.5 Conditions of delivery to the Biomass Power Plant

2.6 Conditions of delivery to the landfill

3 Product fact sheets per waste stream

Mixed municipal solid waste

Mixed commercial and industrial waste

Refuse-derived fuel (RDF)

Separable commercial and industrial waste

Separable construction and demolition debris

Oversized municipal solid waste

Waste containing asbestos

Waste for landfill site

Wood

Specified wood

Organic waste from kitchens and gardens

Organic waste

Liquid organic waste

Green waste

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Table of contents

Site and safety regulations

Foreword

1 Locations and business hours

2 Site and safety regulations

2.1 Introduction

2.2 Telephone numbers for accidents and emergencies

2.3 General regulations

2.4 Safety regulations

2.5 Environmental regulations

2.6 Supplementary regulations for delivery to the EfW plant

2.7 Supplementary regulations for delivery of organic waste

from kitchens and gardens and green waste

2.8 Supplementary regulations for delivery to

the biomass power plant


General Terms and ConditionsForeword

This document contains the General terms and conditions of Twence Holding B.V. and

its affiliated subsidiaries within the meaning of Book 2, Section 24a of the Dutch Civil

Code. The document is intended for the customers of Twence. Twence recommends

you go through the whole document carefully.

Besides these General terms and conditions, the Acceptance conditions and the Site

and safety regulations of Twence apply to contracts for the processing of Waste.

Contact and more information

If you have any questions or require more information, please contact Twence,

Marketing & Sales department, tel. 31 (0)74 240 4567 or email [email protected].

You can also visit the website: www.twence.nl.


Article 1 Definitions

1. Presentation period: the period specified in the contract within which Contracting

party must present the Waste for processing to Twence. The Presentation period

is a fatal deadline within the meaning of Book 6, Section 83 under a of the Dutch

Civil Code, meaning that default occurs without notice of default.

2. Acceptance: receipt of Waste by Twence after the current acceptance procedure at

Twence has been completed without the Waste being refused.

3. Acceptance conditions: the current regulations at Twence for the acceptance proce-

dure when Waste is delivered to Twence.

4. Waste: all substances or objects which Contracting party presents to Twence for

Waste processing.

5. Waste processing: the recovery or disposal of Waste including prior preparatory

actions in so far as permitted under environmental permits issued to Twence or

on the basis of general rules and /or regulations. Waste processing also means the

temporary storage by Twence of Waste at the risk and expense of Contracting party.

6. General terms and conditions: these General terms and conditions of Twence.

7. Boeldershoek: the waste processing plant of Twence located at Boldershoekweg 51

in Hengelo (Overijssel province, the Netherlands).

8. Contracting party: the counterparty to Twence, to which an offer has been made, a

quotation submitted or with which a contract has been entered into.

9. Third parties: third parties engaged by Contracting party such as companies or

persons; this also includes employees of Contracting party and/or carriers/drivers

engaged by Contracting party, their co-drivers and their passengers.

10. Elhorst/Vloedbelt: the processing plant of Twence located at Almelosestraat 3 in

Zenderen (Overijssel province, the Netherlands).

11. Raw materials: products (including residues) which result from the (production)

activities of Twence and which are purchased by Contracting party from Twence.

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12. Indirect loss: the loss of profit and/or income, suffering of (production) loss, the costs

of or in connection with stoppage or delay, fines, (missing out on) discounts and/or

payments to Third parties and other consequential damage and loss of profits, all in

the broadest sense.

13. Parties: Contracting party and Twence jointly.

14. Site and safety regulations: the regulations with instructions that apply to every per-

son who enters the site of Twence.

15. Twence: the private company with limited liability Twence Holding B.V., which has its

registered office in Enschede and/or its subsidiaries within the meaning of Book 2,

Section 24 under a of the Dutch Civil Code.

16. Processing plant: the (location of the) waste processing plants Boeldershoek and/or

Elhorst/Vloedbelt.

Article 2 Applicability of General terms and conditions

1. These General terms and conditions, the Acceptance conditions and the Site and safety

regulations apply to all offers made, quotations submitted, orders accepted and con-

tracts entered into by Twence.

2. Deviating terms only apply if and insofar as Twence has accepted those deviations

expressly in writing.

3. Contracting party declares that it has received the General terms and conditions, the

Acceptance conditions and the Site and safety regulations of Twence before it entered

into the contract and that it agrees with their applicability.

4. Twence reserves the right to amend and supplement the General terms and conditions,

Acceptance conditions and Site and safety regulations. Contracting party is notified

in writing of these amendments and additions which shall take effect on a date to be

determined by Twence.

Article 3 Permits

1. Contracting party makes every effort during the term of the contract to hold and continue to

hold the permits required for the operating of its business and the performance of its obliga-

tions under the contract, including the permits for transporting Waste and/or Raw materials.

2. Contracting party is responsible for obtaining, retaining and/or extending the permits

referred to in this article and ensures their strict compliance, also by all Third parties.

3. As soon as Contracting party no longer holds the required permits or threatens to lose

them, it will inform Twence of this in writing as soon as possible.


Article 4 Offer/quotation

1. Unless the offer/quotation of Twence shows otherwise, it is entirely free of obli-

gation and the quality standards, dimensions, weight specifications and suchlike

forming part of the offer/quotation are approximations.

2. All information, including prices and specifications, included in documentation,

printed matter and brochures of Twence, is entirely free of obligation and subject to

change.

Article 5 Prices and security

1. All prices, rates and amounts stated by Twence are exclusive of taxes (including but

not limited to waste tax), levies and the following costs: turnover tax, transport

costs, transhipment costs, costs of depot formation, costs of sampling, costs of

analysis reporting and additional costs which Twence must incur as a result of the

fact that the presented Waste cannot be processed immediately or because the

means of transport proves not to be suitable for unloading at the relevant unit.

Twence reserves the right to charge these costs separately to the Contracting party.

2. The waste tax owed under law is charged to the Contracting party. Any additional

dues are likewise charged on to the Contracting party.

3. The price of processing of Waste is based on the nature of the presented Waste and

the current prices at the moment the contract is entered into.

4. If, after the contract has been entered into, but before the Waste has been proces-

sed, one or more pricing factors, such as wage costs, social security costs, levies,

sales costs and/or taxes rise, Twence is authorised to modify the price accordingly.

Twence informs the Contracting party in writing of the price change referred to here

as soon as possible.

5. Twence is always entitled, before performing the contract or continuing to perform

the contract, to require what it deems as adequate security – for example in the

shape of a deposit or a bank guarantee – for the performance of the (payment)

obligations of Contracting party, also if that means that the Presentation period

is exceeded. Refusal of the Contracting party to make a deposit or provide the

required security entitles Twence to terminate the contract by issuing a written

declaration, regardless of the right of Twence to compensation of all (Indirect) loss

it suffers as a result.

10 General Terms and Conditions – January 2018

Article 6 Contract

1. A contract or an amendment thereof, by whatever name, will only come into effect

after acceptance by Twence. This acceptance is proven by written confirmation from

Twence, or by the fact that Twence performs the contract.

2. Verbal promises by and agreements with employees of Twence do not bind Twence

before and insofar as they have been accepted by Twence in the manner described

above. Employee in this regard means: an employee of Twence who, according to

the registration at the Chamber of Commerce at the moment of conclusion of the

contract, has no power of attorney at Twence.

3. All costs of an amendment to the contract accepted by Twence – in the manner

prescribed above – are charged by Twence to the Contracting party and are owed by

the Contracting party.

4. If one or more provisions of the contract or the general terms and conditions and/

or acceptance conditions pertaining to it are not (no longer) legally valid, the other

provisions continue in full force. Parties shall consult on the provisions which are

not or no longer legally valid in order to come to an alternative arrangement which

is as consistent as possible with the intention of the provision(s) to be replaced.

Article 7 Presentation, transport and delivery of Waste

1. Contracting party is obliged to present the Waste within the Presentation period,

failing which Contracting party owes Twence a fine which amounts to 10% of the

principal sum (= agreed quantity of Waste x agreed price), without prejudice to

other rights to which Twence is entitled, including the right to full compensation

and/or compliance.

2. The Waste must be presented at the weighbridge at the specified Processing plant.

The weighing data for acceptance of Waste and the delivery of Raw materials which

are registered on the weighbridge of the Processing plant are binding for Parties.

3. Every person who enters the site of Twence must have proper verbal command of at least

one of the languages Dutch, English or German (A2 level of the Common European Frame-

work for Reference of Languages).

4. Contracting party must cover the Waste during transport so that none of the load is lost.

5. If Contracting party presents Waste which is hazardous and/or which may not be

accepted at the Processing plant, this is reported by Twence to the competent

authorities.

6. The Waste must be deposited by the Contracting party at a location designated by

Twence at the relevant Processing plant.

7. Loading, transport and unloading of the Waste to be supplied by Contracting party

to Twence is at the risk and expense of Contracting party.


8. To transport the Waste, Contracting party uses only that transport equipment

(including containers) which is suitable for this purpose and which satisfies the rele-

vant applicable legal regulations. Contracting party ensures it possesses all required

and correctly completed transport documents.

9. Diesel-powered motor vehicles which are in one of the delivery halls of Twence must

have a diesel engine with Euro 4 classification or higher.

10. Contracting party may allow carriers competent in this matter which have the

permits required for that purpose to take care of the transport of the Waste, but

Contracting party remains fully responsible towards Twence for the compliance

with all the provisions of this article and the contract.

11. Twence can request Contracting party to supply the Waste to an address other than

the agreed Processing plant. If this causes costs which are higher than for delivery

to the agreed location, Twence refunds the extra costs.

Article 8 Ownership and risk

1. Transfer of ownership and risk takes place after the acceptance procedure has been

completed without the Waste being refused.

2. If, after Acceptance, it becomes evident that the conditions under which supply

must take place have been deviated from, or if the Waste is rejected, Contracting

party is liable for all damage arising from this.


Article 9 Acceptance of Waste; obligations of Contracting party

1. The acceptance procedure is included in the Acceptance conditions. The acceptance

procedure is completed as soon as the inspectors appointed for that purpose in

the Processing plant have performed the final check and Twence has made a start

on the actual processing of the Waste. The Waste is accepted at that moment. This

article does not affect the provisions of article 13, paragraph 2 General terms and

conditions.

2. The Waste presented must satisfy: that which is agreed between Parties as evidenced by the contract; the current Acceptance conditions; the requirements made of the Waste by or pursuant to environmental legislation.

3. Notwithstanding the provisions of the following paragraphs, Contracting party

must always, before handover, check the composition of the Waste it presents to

Twence for conformity with that which has been agreed between Parties.

4. If Contracting party cannot supply any, or insufficient proof of the conformity of

the Waste presented by Contracting party, it is found, unless the contrary is proved,

that the Waste presented does not conform to the contract.

5. In that case it is found between Parties that, if Twence suffers (Indirect) loss during

the treatment and/or processing of Waste which is likely to include Waste supplied

by Contracting party and the Waste supplied by Contracting party is the cause of

this (Indirect) loss. Contracting party is liable for this (Indirect) loss and obliged to

compensate Twence for this.

6. Twence reserves the right to determine on the basis of random sampling and/

or analysis (for example, combustion trials and/or sorting tests) whether the

Waste presented satisfies the provisions of this article and the provisions of its

Acceptance conditions. If this sampling proves that the Waste presented does not

satisfy the provisions of this article and/or the Acceptance conditions, the costs

of this sampling and/or analysis are at the expense of Contracting party and are

charged separately to Contracting party.

7. Twence is always authorised to charge Contracting party for extra costs which

had to be incurred in connection with the supply of Waste which did not meet the

requirements set by Twence.

8. A rejected batch of Waste is removed after weighing out and taken at Contracting

party’s expense by Contracting party or Twence from the Processing location to

Contracting party. If Contracting party is not authorised to collect the Waste,

Twence shall, in consultation with Contracting party, accept and process the Waste

on the basis of a new contract, or transport the Waste at the expense of Contracting

party to a recognised processing company.


9. Neither taking delivery of the Waste nor accepting any payment from Contracting

party means Acceptance of the Waste by Twence.

10. Acceptance of the Waste by Twence does not release Contracting party from its

obligations under the contract.

Article 10 Payment by Contracting party

1. Contracting party is obliged to pay each invoice sent by Twence within thirty

(30) days of the invoice date, without any discount or deduction. The right of

Contracting party to settle any claims against Twence is precluded explicitly.

2. Complaints about an invoice must be submitted to Twence in writing within seven

(7) calendar days of the invoice date. After this period complaints are no longer

handled and Contracting party has forfeited its right of recovery. Any recovery does

not release Contracting party from its obligation to pay.

3. Twence is authorised, if Contracting party fails to perform its obligation to pay, to

suspend the performance of the contract, also if this causes periods – including the

Presentation period – to be exceeded. This can, for example, result in trucks being

rejected at the weighbridge.

4. Payment of invoices sent by Twence must be made to the bank account specified

by Twence. Payment, by whatever name, to employees of Twence is not permitted,

does not discharge the obligation towards Twence and can never provide a basis for

discharge or set-off.

5. In the event of non-payment, late payment or incomplete payment of the amount

payable by it, Contracting party is in default by operation of law as of the due

date of the relevant invoice and owes interest of 1% per calendar month on the

outstanding (gross) invoice amount. A part of a month counts for one full month.


6. The entire claim of Twence, regardless of how it arose, also that part that has not

yet been charged through an invoice, is immediately due and payable in full:

in the event Contracting party does not pay amounts payable punctually;

if Contracting party is declared bankrupt, applies for or is granted a moratorium,

a legal debt management scheme (Dutch WSNP) is declared applicable or

application thereof is requested;

if Contracting party loses its legal personality, or is dissolved or wound up;

if and as soon as any attachment against Contracting party at Twence is levied;

if Twence terminates the contract on the basis of article 16 of these General terms

and conditions.

7. All costs which arise as a result of judicial and extrajudicial collection of the claim

are payable by Contracting party. The extrajudicial costs amount to at least 15% of

the amount to be claimed, with a minimum of €250.00.

8. In the event of liquidation, insolvency, bankruptcy, moratorium or seizure on the

part of Contracting party, all that which it owes Twence is immediately due and

payable in full and can be settled by Twence immediately.

Article 11 Payment by Twence

1. A payment term of thirty (30) days after receipt of the invoice applies to payments

by Twence to Contracting party, on condition that the delivery has taken place fully

in accordance with the contract. The payment term is not a final deadline.

2. Twence is authorised to settle claims of Contracting party against Twence at any

time against claims which Twence, for whatever reason, has against Contracting

party.

Article 12 Entering the Processing plant; instructions

1. Contracting party and/or Third parties enter the Processing plant at their own risk.

2. Prior to every visit by Contracting party and/or Third parties to the Processing plant,

other than for presenting the agreed Waste, permission from Twence is required..


3. Prior to every visit to the Processing plant, the Contracting party and/or Third

parties must report to the Twence contact person who ensures that the visitor is

informed of the rules of safety and conduct which apply during the visit.

4. Contracting party undertakes to adhere to and strictly comply with the rules of

conduct and safety, traffic rules and/or environmental regulations, including the Site

and safety regulations of Twence, which have been imposed upon it by or on behalf of

Twence or the government and to impose these one-to-one on Third parties.

5. Twence is authorized at any time, without stating reasons, to refuse Contracting

party and/or Third parties entry to the Processing plant for a fixed term or for an

indefinite period and/or to remove them from the Processing plant or a part of it.

Article 13 Liability of Contracting party

1. If Contracting party does not fulfil towards Twence, not on time or not fully, one

or more of its obligations arising from the law, the contract and/or these General

terms and conditions, Contracting party is always obliged, without further notice of

default being necessary, to refund Twence all direct and Indirect loss which Twence

suffers as a result. This provision does not affect the right of Twence to bring other

actions (for example, compliance) against Contracting party and/or take other legal

action (for example, termination).

2. If the presented Waste does not fulfil the requirements which the contract sets

on it, Contracting party is always obliged, without further notice of default being

necessary, to refund Twence all direct and Indirect loss which Twence suffers as a

result, regardless of whether Twence has accepted the Waste.

3. Contracting party is liable to Twence for all direct and Indirect loss caused to (staff

of) Twence or to Third parties, property of (staff of) Twence or of Third parties,

property of the Processing plant and/or to other matters in use at the Processing

plant, which damage was caused by Contracting party, by Third parties and/or by

equipment and/or material used by it.

4. Contracting party must have liability insurance with a cover of at least €1,000,000.


Article 14 Liability of Twence and indemnity

1. Twence accepts no liability for and is accordingly not obliged to refund direct or Indirect

loss, costs and/or loss which arise from or are connected in any way with entering the

(location of the) Processing plant, the non-compliance with the rules of conduct and

safety, the non-compliance with the instructions of (the staff of) Twence and/or the

non-compliance with instructions on traffic signs and other signs.

2. Twence is only liable for personal injury and/or property damage suffered by

Contracting party, which personal injury and/or property damage is the direct

and exclusive result of a shortcoming which can be attributed to Twence, on the

understanding that only that personal injury and/or property damage qualifies for

compensation for which Twence is insured, or should reasonably – in view of the

practices in the sector – have been insured. The following restrictions apply in addition:

(Indirect) loss, from whatever cause, is never reimbursable;

(Indirect) loss, caused by wilful misconduct or gross negligence of auxiliary agents, is

never reimbursable;

The damage to be compensated by Twence will be moderated if the price to be paid by

Contracting party is small in relation to the size of the damage suffered by it;

The (personal injury and property) damage to be compensated by Twence never

exceeds the amount of the principal sum (in the case of Waste: agreed quantity of

Waste x agreed price).


3. Contracting party indemnifies Twence against all claims by Third parties for

compensation of (indirect) loss, costs and/or losses due to the non-performance

of contractual or statutory obligations by Contracting party or damage caused

otherwise by Contracting party and for which Twence accepts no liability.

4. Conditions giving rise to any right to compensation are always that Contracting

party, after the damage has arisen, reports this damage in writing to Twence as

soon as is reasonably possible and in any case within two weeks of the start of the

damage and that Contracting party does all that can be reasonably required of it to

limit the damage.

5. Contracting party guarantees and is responsible for the correctness and

completeness of the information, samples and documents which it provides to

Twence. Twence is never liable for damage which Contracting party suffers as a

result of incorrect or incomplete information, samples or documents provided by it.

Article 15 Force majeure; right of suspension of Twence

1. Force majeure on the part of Twence suspends its obligations under the contract

as long as the force majeure continues.

2. Force majeure means every circumstance beyond the control of Twence which

obstructs compliance with the contract temporarily or permanently and which

neither pursuant to the law nor in accordance with the principles of reasonableness

and fairness should be at the risk of Twence, as well as, insofar as it is not already

included: unforeseen breakdown in/of the Processing plant, governmental

measures which result in the cessation of the Processing plant, impediments

caused by measures, laws or decrees of authorised international or national

(government) bodies, delays in deliveries from suppliers, congestion of transport

and other transport disruptions, lack of raw materials, industrial action, factory

sit-in, blockades, embargo, war, revolution, riot and similar circumstances, power

failures, breakdowns in the lines of electronic communication, fire, explosion, water

damage, flood and other natural disasters and emergencies, as well as extensive

illness of an epidemiological nature among the staff.

3. As soon as a force majeure situation occurs at Twence, it informs Contracting

party of this, unless this cannot reasonably be required of Twence in view of the

circumstances.


4. If the processing stagnates due to the force majeure situation which has arisen,

Twence shall make every effort to end this stagnation as soon as possible. Twence

is willing in that case to advise Contracting party on how Waste to be delivered by

Contracting party should be processed.

5. Force majeure on the part of Twence does not suspend the obligations of

Contracting party, albeit it that its obligation to pay is suspended as soon as the

force majeure situation at Twence has lasted fourteen (14) calendar days.

6. If it is established that the force majeure situation at Twence shall last three (3)

months, either Party is entitled to terminate the contract without observance of the

notice period.

7. Twence accepts no liability for and is therefore not obliged to refund (Indirect) loss,

costs and/or losses which arise of or at the Contracting party and/or Third parties,

which damage is caused by or is connected in any way to the force majeure situation

on the part of Twence.


Article 16 Termination of contract

1. Contracting party is in default by operation of law if Contracting party:

breaches any obligation under the contract and/or these General terms and

conditions;

is declared bankrupt, applies for or is granted a moratorium;

the legal debt management scheme (Dutch WSNP) is declared applicable to it or

application thereof is requested;

transfers the management or the control of its business, loses its legal

personality, or is dissolved or wound up.

2. In the situation referred to in paragraph 1, Twence is entitled, without further

notice of default or judicial intervention being required, to terminate the contract

unilaterally wholly or partially, without Twence being liable to pay any compensation

and without prejudice to other rights to which Twence is entitled including the right

to full compensation of all its (indirect) loss. Dissolution of the contract within the

meaning of this article takes place by means of a registered letter.

3. In the event of (partial) termination of the contract, Twence is entitled to return

or store at the expense of Contracting party Waste of Contracting party which is

present at the Processing plant.

4. In the event of (partial) termination of the contract, all claims of Twence against

Contracting party are immediately due and payable in full.

Article 17 Right of retention

If Twence is in possession of goods of Contracting party, it is entitled to keep them

until Contracting party has complied with all its obligations towards Twence (both

financially and otherwise) or has furnished adequate security for them.

Article 18 Interpretation

If one or more provisions of the contract or of these General terms and conditions are

not or are no longer legally valid, for the rest the contract and these General terms and

conditions remain in force. The provisions which are not or are no longer legally valid

are replaced by provisions which are as consistent as possible with the intention of the

provisions to be replaced.


Article 19 Confidentiality and intellectual property rights

1. Contracting party guarantees that all information of a confidential nature

exchanged for (entering into) the contract remains secret. Information is considered

confidential in any case if it is designated as such by Twence, or of which Contracting

party should reasonably recognise the confidentiality.

2. This obligation of confidentiality continues to exist for five (5) years after the

termination of the contract.

3. The ownership and intellectual property rights of all information (drawings, documents

and other data) provided by Twence to Contracting party remain vested at all times in

Twence. Contracting party shall refrain from breaching these rights of Twence.

4. In the event of non-compliance of Contracting party with the provisions of this

article, Contracting party incurs an immediately payable fine of a maximum of

€ 10,000 per infringement and a maximum of € 5,000 per day that the infringement

continues, without prejudice to the other rights to which Twence is entitled,

including for example but not limited to the right to full compensation and/ or claim

for specific performance.


Article 20 Transfer of rights and obligations

Contracting party is not permitted without prior written permission from Twence to

fully or partially transfer, pledge and/or encumber its rights and obligations under the

contract to another party or other parties.

Article 21 Applicable law and disputes

1. These General terms and conditions and all offers/quotations, orders and contracts

to which they apply are governed by the laws of the Netherlands.

2. If any dispute arises between Parties in connection with any article of these General

terms and conditions or their performance, Parties shall endeavour to resolve such

dispute in consultation.

3. The competent court in the district of Overijssel has exclusive competence over

any disputes that may arise as a result of the offer/quotation, the order and/or the

contract or a further contract to which these General terms and conditions apply.

Article 22 Translation

In the event of lack of clarity and differences of interpretation and/or explanation of

these General terms and conditions, the Dutch text prevails over any translations of

these General terms and conditions.



Article 23 Supply

1. Contracting party is obliged to purchase the agreed quantities of Raw materials

on the agreed dates.

2. Agreed delivery dates are not final deadlines for Twence. Twence informs the

Contracting party in writing as soon as possible of any circumstances which are

expected to result in the agreed delivery dates being exceeded.

Article 24 Export

The European Waste Shipment Regulation (EWSR) applies to cross-border delivery of Raw

materials. Contracting party agrees to conform to these and any other applicable laws

and regulations and provide all cooperation necessary to (continue to) comply with these

laws and regulations.

Article 25 Inspection obligation; right of recovery of Contracting party

1. Contracting party must thoroughly inspect the Raw materials immediately upon

taking delivery of them and check their quality. If Contracting party observes faults,

it must notify Twence of them in writing immediately, but at any rate within two (2)

working days of taking delivery of them.

2. Breach of the obligation to inspect/notify as referred to in paragraph 1 results in

forfeiture of all rights.

3. It must be made possible for Twence to check the complaints expressed by

Contracting party in good time. In the event of agreement about the (settlement of

the) complaint, a statement is drawn up which must be signed by both Parties.

4. If Parties cannot agree on the (settlement of the) complaint, an independent expert is

called in. The costs of the expert are payable by the party against whom the expert rules.

5. If the complaint is correct in the opinion of Twence or of the expert engaged, Twence

shall, at its own discretion, either pay a fair compensation up to no more than the

invoice amount of the delivered Raw materials, or replace the delivered Raw materials

free of charge, after Contracting party has returned the defective Raw materials in

their original condition, at its own expense, to Twence. Until the Raw materials can

be returned, storage is at the risk and expense of Contracting party. Twence is never

obliged to pay further compensation of (indirect) loss and/or reimbursement of

expenses, by whatever name.

Additional provisions for the sale and supply of Raw materials


Article 26 Manufacturer’s responsibility

1. Twence is entitled at all times, even after the end of the contract entered into, in

connection with its manufacturer’s responsibility, to perform checks on the use of

the Raw materials in a construction. Contracting party is obliged immediately upon

request of Twence to cooperate in these checks.

2. Contracting party is obliged to keep relevant documentation carefully, for at least ten

(10) years following the end date of the contract entered into.

3. Contracting party shall comply with all obligations which arise under laws and

regulations and only use the Raw materials under the conditions prescribed in these

laws and regulations. For the purchase and supply of construction materials, the Soil

Quality Decree is specified in particular.

Article 27 Retention of title of Raw materials

1. The ownership of the Raw materials supplied by Twence to Contracting party passes

to Contracting party as soon as the site of the Processing plant is left, unless the Raw

materials have a positive value and Contracting party must pay Twence for this. In

the latter case, the ownership of the Raw materials only passes to Contracting party

when all that owed by Contracting party to Twence, by whatever name and including

interest and costs, has been paid in full to Twence.

2. Contracting party is not permitted to sell, encumber, establish a limited right on

or dispose of in any other way contrary to the retention of title the Raw materials

supplied to it by Twence subject to retention of title.

3. If Contracting party fails in the performance of any obligation under the contract, it is

in default by operation of law and Twence – notwithstanding the provisions of

article 13 General terms and conditions – is entitled, without further notice of default,

to recover all matters in which it retains title. Contracting party shall provide Twence

with the opportunity to do so and authorises Twence to enter the locations where

these matters are present.


26 Acceptance conditions – January 2018

Acceptance conditionsForeword

This document contains the Acceptance conditions of Twence. The Acceptance conditions

apply to all offers made, quotations submitted, orders accepted and agreements entered

into by Twence. The General terms and conditions of Twence also apply; the General terms

and conditions are guiding.

This document provides you with a list of the Waste which you can present to Twence for

processing and the relevant applicable Acceptance conditions.


If you have any questions or require more information, please contact Twence, Marketing &

Sales department, tel. 31 (0)74 240 4567. You can also visit our website: www.twence.nl.

27Acceptance conditions – January 2018

1.1 List of Waste that can be presented to Twence

The table below contains a list of the categories of Waste which can be presented to

Twence for processing, with their processing methods.

The following Acceptance conditions apply per type of Waste presented:

A number of general Acceptance conditions for all types of Waste (see the exceptions

below and section 1.2).

The Acceptance conditions of the processing method used (see the sections stated for

each processing method in the table below).

The Acceptance conditions per waste stream from the product fact sheets in chapter 3.

Any additional Acceptance conditions imposed by Twence per waste stream.

The contract specifies the conditions which the Waste presented by you must satisfy

(applicable waste stream, processing method, additional conditions). Twence can only

process Waste which is presented if all conditions imposed are been satisfied in full.

2

Twence processes the waste presented in a socially responsible manner, taking

into account laws and regulations. Reuse of waste and recovery of waste are basic

principles for the processing. Twence reserves the right to choose the most appropriate

processing method within the scope of the permit and statutory regulations.

Category Processing method See section

Combustible waste Energy recovery (EfW plant) 2.1

Separable waste Materials Recycling Facility (MRF) 2.2

Biomass Anaerobic digestion/compostingbioconversion

2.3

Energy recovery (Biomass Power Plant) 2.5

Other non-renewable/ non-processable waste

Landfill 2.6

1. Acceptance conditions: general


Twence does not process the following types of Waste

(this list is non-exhaustive; Twence reserves the right to amend this list): hazardous Waste within the meaning of article 1.1 of the Dutch Environmental

Management Act, with the exception of hazardous Waste which may be dumped in

landfill;

carcasses or parts thereof and offal (animal waste under the Dutch Rendering Act);

agricultural pesticides (waste under the Dutch Pesticides Act);

substances which radiate ionising rays (waste under the Dutch Nuclear Energy Act);

specific hospital waste and similar waste;

pathogenic waste (waste which might cause disease);

substances which are combustible themselves and/or highly inflammable, burning or

smouldering materials;

substances which develop combustible and/or hazardous gases or heat upon contact

with water;

waste which can cause the formation of irritating, combustible and/or explosive dust;

explosive substances;

end-of-life vehicles;

household chemical waste;

electrical and electronic equipment;

burning/smouldering waste.

If you have any questions about the possibilities of Twence processing certain Waste,

please contact the Marketing & Sales department, tel. +31 (0)74 240 45 67

1.2 Acceptance conditions for all Waste to be presented

The following Acceptance conditions apply to the presentation of all Waste to Twence:

All waste must be delivered in a dust-free form and covered.

Labelling and indications of the type of waste must correspond with the waste which

is actually presented.

Twence can only process asbestos if it is indicated explicitly that the waste contains

asbestos. Twence reserves the right to evaluate per load whether Twence can accept it.

Waste must be presented in such a way that no excessive odour is given off.


1.3 The moment of actual Acceptance

The transfer of ownership and risk only takes place after the acceptance procedure has

been completed. The acceptance procedure is completed as soon as the inspectors

appointed for that purpose in the Processing plant have performed the final check and

Twence has made a start on the actual processing of the Waste (this Acceptance does

not relieve Contracting party of its obligations under the contract).

The acceptance procedure starts with pre-acceptance; at that time the waste is not

yet present at the Twence location. This is followed by the final acceptance, whereby

the waste is present at the Twence location. Twence can perform three different

inspections:

1. The normal inspection

This consists of a visual inspection when the waste arrives or at the landfill site.

2. The random inspection

A load may be inspected at random moments for the nature, composition and origin of

the Waste presented.

3. The comprehensive inspection

This is performed if the inspector doubts whether the nature, composition and origin of

the Waste presented correspond with the preliminary registration.

The following situations are possible at the end of the acceptance procedure:

A. Regular Acceptance: the waste satisfies the Acceptance conditions and the contract.

B. Deviation: the quality of the waste differs from the contract and/or the Acceptance

conditions but, possibly with additional costs and/or additional work, it can be

processed according to the original processing method.

C. Rejection: the quality of the waste differs from the contract and/or the Acceptance

conditions and cannot be processed according to the original processing method.

The waste can, possibly with additional costs and/or additional work, be processed

elsewhere at Twence.

D. Refusal: if one of the inspections shows that the Waste presented cannot or may

not be accepted by Twence, it must be transported to an appropriate and designated

processing plant.


The specific Acceptance conditions for each processing method given below which

apply at Twence are supplementary to the general Acceptance conditions in sections 1.1

and 1.2

2.1 Conditions of delivery to the energy from waste plant

Combustible Waste is incinerated in the energy from waste plant (EfW), for which, in

accordance with the Dutch National Waste Management Plan (LAP), there is no higher

quality minimum standard for processing.

In addition to the types of Waste excluded above (see section 1.1), the following types

of Waste are not accepted for energy recovery in the energy from waste plant:

pressurised containers;

Waste containing asbestos;

Waste which causes short circuits or disruptions such as graphite mats and metal foil;

Waste measuring less than 3x3x3 mm.

The following parameters and criteria are further adhered to Acceptance for energy

recovery in the energy from waste plant:

2. Acceptance conditions per processing method

Parameter More detailed assessment by Twence required if the following is exceeded:

Calorific value <8 MJ and >15 MJ

Chlorine content 0,75%

Sulphur content 0,5%


2.2 Conditions of delivery to the Materials Recycling Facility

Only separable waste which is fully or partly suitable for reuse is accepted for processing in

the Materials Recycling Facility. This is at the discretion of Twence.

The ‘non-separable’ fraction must satisfy the general Acceptance conditions of the energy

from waste plant of Twence (see section 2.1) and the Acceptance conditions for mixed

commercial and industrial waste.

This concerns:

oversized municipal solid waste;

commercial and industrial waste;

construction and demolition debris;

specific streams.

The waste presented is not accepted for processing in the Materials Recycling Facility if it:

contains asbestos, waste containing asbestos, waste suspected to contain asbestos or

waste which resembles asbestos;

contains liquid or viscous contamination;

has been mixed with glass or specific commercial and industrial waste;

has been mixed with organic streams;

contains hazardous waste (in accordance with the European Waste Catalogue);

is packed in for example (rubbish) bags, boxes, big bags, etc;

comes from seats of fire.


2.3 Conditions of delivery to the composting plant

Biodegradable Waste is eligible for composting:

organic waste from kitchens and gardens;

green waste (from municipal public parks, including verge clippings, from gardens

such as prunings and thinning clippings, etc);

solid organic waste.

The quality of the Waste to be accepted must be such that the product to be

made from it can satisfy the standards as included in the Dutch Quality Compost

Assessment Guideline (www.keurcompost.nl). All batches of Waste supplied are

inspected visually.

2.4 Conditions of delivery to the anaerobic digester

Organic Waste which can be digested anaerobically is eligible for anaerobic digestion:


solid organic waste;

liquid organic waste.

The following may not be supplied for anaerobic digestion:

sewage sludge;

sludge from sewers, gullies and pumping stations;

water purification sludge;

pure vegetable fats and oils –VGI glycerin/glycol;

fatty acids released in oil refining.

The types of Waste presented must be free of non-biogenic components (metals,

stones, etc), this at the discretion of Twence.

2.5 Conditions of delivery to the Biomass Power Plant

The following Acceptance conditions apply to biomass streams that are to be

processed in the Biomass Power Plant.

General

Only pure biomass streams can be processed. This is at the discretion of Twence. This

involves the following streams:

A-quality and B-quality waste wood;

sieve overflow from compost from organic waste and green compost;


pruning and thinning wood;

other pure biomass streams.

The following biomass streams are not accepted (directly) for processing in the

Biomass Power Plant:

biomass which may not be processed under the permit of Twence;

biomass which has not been specified in the Regulations governing Guarantees of

Origin of Electricity Produced from Renewable Sources (Dutch Government Gazette

15 December 2003, no. 242/page 18);

biomass which does not meet the specification;

biomass streams containing C-quality waste wood;

biomass streams containing more than 3% plastics;

contaminated biomass streams;

wood larger than 500x50x50 mm.

The following acceptance parameters and criteria apply for processing in the Biomass

Power Plant:

Parameter Maximum value

Share of plastics, C-quality waste wood and other contaminations

Max. 3% unavoidable plasticNo C-quality waste wood observed visually

Heavy metals and chemical components

Mercury Cadmium/Thallium Arsenic Chromium Copper Polycyclic aromatic hydrocarbons

(PAHs) (10 Dutch Standards)

1 mg/kg15 mg/kgSum of arsenic, chromium and copper:750 mg/kgSum of 10 PAHs: 100 mg/kgEnergy recovery (Biomass Power Plant)

EOX 1000 mg/kg (indicator) S 0,35% CI 0,4%


2.6 Conditions of delivery to the landfill

At Twence, Waste is dumped for permanent removal only, at the discretion of Twence.

ter beoordeling van Twence.

The following types of Waste are not accepted for landfill:

Waste and waste streams to which a landfill ban applies in accordance with the

Dutch Waste Substances (Dumping Ban) Decree (BSSA) and for which Twence does

not have exemption;

hazardous waste (in accordance with the European Waste Catalogue), with the

exception of C-quality waste wood, granular Waste which, in accordance with

Annex II of the BSSA, is suitable for dumping at landfill for hazardous Waste and

construction and demolition debris containing asbestos;

explosive substances, with the exception of small batches of seized fireworks.


3. Product fact sheets per waste stream

Extra product information and Acceptance conditions are given below which apply

at Twence to the most common waste streams.

Product fact sheets for the following streams are provided:

mixed municipal solid waste;

mixed commercial and industrial waste;

refuse-derived fuel (RDF);

separable commercial and industrial waste;

separable construction and demolition waste;

oversized municipal solid waste;

waste containing asbestos;

waste for landfill site;

wood;

specified wood;


organic waste;

liquid organic waste;

green waste.

Twence can make individual agreements for other waste streams with specific

Acceptance conditions.


Description of waste

Mixed (municipal) waste which comes from private households. This concerns mixed

waste which is presented as such.

EWC code

20.03.01

Processing at Twence

Energy recovery (EfW plant)

Specific requirements

Maximum dimensions 90x30x30 cm (deviations at the discretion of Twence).

Other requirements

None

Twence waste specification

Mixed municipal solid waste



Mixed (municipal) waste from companies and institutions and whose nature and

composition are similar to that of municipal solid waste.

EWC code

20.03.01




maximum dimensions 90x30x30 cm;

calorific value >8 MJ/kg and <12 MJ/kg

The following may not be presented:

non-combustible waste;

resin and hard plastics with a solid diameter of more than 15 cm;

metal parts with a solid thickness of more than 1 cm;

glass, demolition waste and/or stone, more than 20% weight of the load;

rubber, more than 2% weight of the load;

rolls of textile, paper, plastic and suchlike with a diameter larger than 15 cm;

corrosive products;

mercury and mercury compounds >5mg/kg;

shipping rope longer than 1 m;

logs/tree trunks and beams with a diameter larger than 15 cm;

loads with paint, glue and/or medicines.


Mixed commercial and industrial waste


waste with polystyrene which makes up more than 1% weight of the waste presented

(supply containing polystyrene is only permitted if this is unavoidably present);

bitumen felt (large quantities, more than 20% weight of the load);

large pieces of floor covering;

long strips (longer than 4 m);

mattresses, more than 1 per 20 m3;

compressed waste;

monostreams of waste.

Other requirements

None



Combustible waste from sorting of municipal solid waste and commercial and

industrial waste.

EWC code

19.12.10




maximum dimensions 90x30x30 cm;

calorific value >8 MJ/kg and <12 MJ/kg.


non-combustible waste;

resin and hard plastics with a solid diameter of more than 15 cm;

metal parts with a solid thickness of more than 1 cm;

glass, demolition waste and/or stone, more than 20% weight per load;

rubber, more than 2% weight per load;

rolls of textile, paper, plastic and suchlike with a diameter larger than 15 cm;

corrosive products;

mercury and mercury compounds >5mg/kg;

shipping rope longer than 1 m;

logs/tree trunks and beams with a diameter larger than 15 cm;

loads with paint, glue and/or medicines;

waste with polystyrene which makes up more than 1% weight of the waste presented

(supply containing polystyrene is only permitted if this is unavoidably present);

bitumen felt (large quantities, more than 20% weight per load);


Refuse - derived fuel (RDF)


large pieces of floor covering;

long strips (longer than 4 m);

waste from seats of fire;

mattresses, more than 1 per 20 m3;

compressed waste;

monostreams of waste.

Other requirements

None



Mixed commercial and industrial waste from companies and institutions.

EWC code

20.03.01


Sorting at the Twence Materials Recycling Facility.


The waste must be suited to the sorting facility and contain reusable fractions. This is

at the discretion of Twence. Twence evaluates the waste after it is delivered, whereby

the waste is categorised in a class. This classification depends on the share of reusable

fraction and the separability.

Class 1: >90% separable fractions




waste which has been mixed with fine municipal solid waste;

waste which has been mixed with roof, construction and demolition debris.

Other requirements

The following Waste is only accepted by Twence if this has been agreed specifically and

in writing with Twence:

monostreams of waste;

waste containing more than 40% (percentage of weight) of non-reusable fraction;

plastic waste consisting of solid parts, PVC, bumpers, linoleum or vinyl and reinforced

plastics;

waste which has been mixed with more than 1% weight of unavoidably present

composites, fibreglass, rock wool and polystyrene foam;


Separable commercial and industrial waste


waste containing more than 5% (percentage of weight) of soil or sand;

waste consisting of compound components;

waste mixed with wire, nets, straps/strapping strip, cordlike and ropelike material;

waste containing more than 1% weight of fibre optic cable;

waste containing more than 1% weight of gypsum, for example as in gypsum blocks

and gypsum plasterboard.



Waste from construction, renovating and demolishing of buildings and other

constructions such as structures and roads. The nature of the Waste can be very

diverse.

EWC code

17.09.04




The waste must be suited to the materials recycling facility and for reuse. This is at

the discretion of Twence. Twence evaluates the waste after it is delivered, whereby

the waste is categorised in a class. This classification depends on the share of reusable

fraction and the separability.

Class 1: >90% separable fractions and >30% demolition waste





waste which has been mixed with fine municipal solid waste;

waste which has been mixed with roof, construction and demolition debris.


Separable construction and demolition debris


Other requirements

The following waste can only be accepted if this has been agreed specifically in writing

with Twence:

monostreams of waste;

waste containing more than 40% (percentage of weight) of non-reusable fraction;

plastic waste consisting of solid parts, PVC, bumpers, linoleum or vinyl and reinforced

plastics;

waste which has been mixed with more than 1% weight of unavoidably present

composites, fibreglass, rock wool and polystyrene foam;

waste containing more than 5% (percentage of weight) of soil or sand;

waste consisting of compound components;

waste mixed with wire, nets, straps/strapping strip, cordlike and ropelike material;

waste containing more than 1% weight of fibre optic cable;

waste containing more than 1% weight of gypsum, for example as in gypsum blocks

and gypsum plasterboard.



Oversized municipal solid waste is oversized waste that is left by private parties and

is presented mixed and is not, or partly separated into type. The collection of this

waste is organised by the government. This description does not cover residue such as

the container for ‘other or residual waste’ at the waste recycling point and separated

monostreams.

EWC code

20.03.07




The waste must be suited to the sorting facility and contain reusable fractions. This

is at the discretion of Twence;

Dimensions greater than fine municipal solid waste (90x30x30 cm) to a maximum

measurement of 300 cm (deviations at the discretion of Twence).

Other requirements

None


Oversized municipal solid waste



Waste which contains asbestos fibres or which cannot be distinguished from them.

Materials suspected to contain asbestos are treated as material containing asbestos,

as is sheeting with the NT identifying mark.

EWC code

Various


Dumping at the landfill site.


The following Acceptance conditions apply to waste to be dumped which contains asbestos:

Delivery in accordance with current business hours specified on www.twence.nl. In

consultation with the External logistics officer, agreements can be made for delivery

outside of business hours.

Waste to be dumped consisting of or containing asbestos may only be presented if it

is packed in: packaging that can be hoisted and lifted; (container) big bags; lidded metal drums.

The pallets on which waste containing asbestos is presented must be of such quality

that processing can take place without problems. Twence cannot return the pallets.

The waste must be loaded on the vehicle such that it can be unloaded with a pallet

fork. A loader operator is present at the processing location who can use a loader

with pallet fork to unload the asbestos waste presented.


Waste containing asbestos


Packaging

The requirements to be satisfied by the packaging are specified below in detail. If the

packaging regulations are not met, the load is rejected. Other packaging conditions

can be agreed upon consultation. Packaging may not contain any other waste.

Packaging that can be hoisted and lifted

Asbestos fibres must be prevented from being released during the Waste processing.

The following regulations (including the statutory regulations) therefore apply to the

presentation of waste containing asbestos with respect to packaging:

The asbestos waste must be packed airtight in a double layer of transparent hard-

wearing plastic. The pallet may not be packaged as well.

The packaging material must have a conspicuous text, e.g. ‘asbestos waste,

dangerous when inhaled’.

The packaging material must be free of lettering which does not relate to the contents.

The packaging must be a big bag or it must be possible to hoist or lift it in another way.

Small packaging

The following requirements apply to small packages of asbestos:

The material has a maximum height of 1 m and a maximum length of 3 m and must be

supplied on pallets and tied down. The pallet may not be packaged as well.

In connection with damage, packages may not be stacked.

Asbestos in a big bag

The big bag must be sufficiently strong. No sharp parts may be packed in the big bag.

The big bag must also have:

a tied-up inner bag;

a protective, reinforced outer bag, which is tied up;

hoisting straps and loops which have been sewn on.


Container big bags (CBB)

CBBs with waste consisting of or containing asbestos may not be stacked. This is to

prevent damage during unloading.

The container must be in such a condition that the CBB does not tear open during

unloading.

Lidded metal drums

Lidded metal drums sized 60 or 200 litres in good condition may be used for the packaging.

These lidded drums must be presented on pallets. The drums must not be unsteady

on the pallets; they must be fastened with a strap, for example.

The following are excluded from presentation:

Waste to which a dumping ban applies under the Dutch Waste Substances (Dumping

Ban) Decree may not be presented without exemption.

Waste which may not be dumped under current laws and regulations may not be

presented.

Other requirements

None



Waste for which no processing is possible other than dumping. This is at the discretion

of Twence. The nature and composition can be very diverse.

EWC code

Various


Dumping at the landfill site. Twence has a landfill site for non-hazardous Waste and for

hazardous Waste. Depending on the nature of the Waste, Twence determines where

the waste will be processed.


Twence may set specific requirements per waste stream. Usually analysis reports and/

or other reports or declarations are necessary prior to the delivery of the Waste.

The following are excluded from presentation:

Waste and waste streams to which a landfill ban applies in accordance with the

Dutch Waste Substances (Dumping Ban) Decree (BSSA) and for which Twence does

not have exemption.

Hazardous waste (in accordance with the European Waste Catalogue), with

the exception of C-quality waste wood and construction and demolition debris

containing asbestos, granular waste which, in accordance with Annex II of the BSSA,

is suitable for dumping at landfill for hazardous waste.

Other requirements

Waste for dumping at the landfill site must be presented such that it cannot blow away.


Waste for landfill site



Wood residue and residual wood from renovation, building and demolition work from

companies and private persons and from business processes. This concerns A-quality

and B-quality wood as specified in sector plan 36 of the Dutch National Waste

Management Plan (LAP): www.lap2.nl. The wood must be pure biomass as specified

in the Regulations governing Guarantees of Origin of Electricity Produced from

Renewable Sources (Dutch Government Gazette 15 December 2003, no. 242/page 18).

EWC codes

03.01.05

17.02.01

19.12.07

20.01.38


Intake in the Wood bank (Houtbank). The wood is prepared according to specification

for energy recovery in the biomass power plant.


Calorific value >8 MJ/kg <15 MJ/kg

Other requirements

The wood may contain no more than 0.5% metal particles (such as staples, clamps,

nails, screws, bolts and strip metal). These metal particles may not exceed the round

bar strength of 10 mm.

The wood must be free of non-magnetic metals (aluminium, copper, etc).

The wood must be free of rot and mould.

The batch presented must be free of loose and immovable Waste, objects or

materials, such as plastics, glass, stones, concrete, soil, roofing tiles, tiles, foil, foam,

plastic pipes, cement, sawdust, packaging (paint, sealant, foam, etc.), (parts of)

corrugated iron, roofing, metals, asbestos and waste similar to asbestos.

The vehicles/containers used for transport must be broom clean before loading to

prevent contamination of the wood.

Green wood is not accepted.


Wood



Wood residue and residual wood from renovation, building and demolition work from

companies and private persons and from business processes. This concerns A-quality

and B-quality wood as specified in sector plan 36 of the Dutch National Waste

Management Plan (LAP): www.lap2.nl. The wood must be pure biomass as specified

in the Regulations governing Guarantees of Origin of Electricity Produced from

Renewable Sources (Dutch Government Gazette 15 December 2003, no. 242/page 18).

EWC codes

03.01.05

17.02.01

19.12.07

20.01.38


Energy recovery in the biomass power plant.


Calorific value >8 MJ/kg and <15 MJ/kgThe following dimension requirements apply to specified wood:

100 percent by weight is smaller than 500x50x50 mm and no more than 3 percent by

weight is smaller than 1 mm.


Specified wood


Other requirements

The wood may contain no more than 0.5% metal particles (such as staples, clamps,

nails, screws, bolts and strip metal). These metal particles may not exceed the round

bar strength of 10 mm.

The wood must be free of non-magnetic metals (aluminium, copper, etc).

The material must be free of rot and mould.

The batch presented must be free of loose and immovable waste, objects or materials,

such as plastics, glass, stones, concrete, soil, roofing tiles, tiles, foil, foam, plastic

pipes, cement, sawdust, packaging (paint, sealant, foam, etc.), (parts of) corrugated

iron, roofing, metals, asbestos and waste similar to asbestos.

The vehicles/containers used for transport must be broom clean before loading to

prevent contamination of the wood.

Green wood is not accepted.




Municipal solid waste of organic origin and source which is collected separately. The

following may also be presented as organic waste from kitchens and gardens:

organic waste from companies/institutions which has a fully similar composition as

household organic waste from kitchens and gardens;

biodegradable products with the seedling logo only as packaging of organic waste

from kitchens and gardens.

EWC codes

20.01.08

20.02.01

20.02.03


Composting and/or anaerobic digestion.


The waste must be pure biomass as specified in the Regulations governing

Guarantees of Origin of Electricity Produced from Renewable Sources (Dutch

Government Gazette 15 December 2003, no. 242/page 18).

It must concern biomass streams as specified in Dutch Technical Agreement NTA 8003.

Other requirements

Organic waste from kitchens and gardens must be of such quality that it can be

processed in the composting facility.

Organic waste from kitchens and gardens must have a structure such that aeration

and processing are possible (at the discretion of Twence).


Organic waste from kitchens and gardens



Solid organic waste that is suitable for processing in the anaerobic digester of Twence.

EWC code

Various


Bioconversion; anaerobic digestion/composting.


The waste must be pure biomass as specified in the Regulations governing

Guarantees of Origin of Electricity Produced from Renewable Sources (Dutch

Government Gazette 15 December 2003, no. 242/page 18).


Other requirementsNone


Solid organic waste



Liquid organic waste that is suitable for processing in the anaerobic digester of Twence.

EWC code

Diverse


Composting and/or anaerobic digestion.


It must be biomass as specified in the Regulations governing Guarantees of Origin of

Electricity Produced from Renewable Sources (Dutch Government Gazette

15 December 2003, no. 242/page 18).


Other requirements

The vehicle which unloads the liquids must have its own pumping system. This

system must pump the liquids independently with a 6-inch hose and 6-inch KM joint/

universal joint into an 11-metre high tank.

It must be possible to pump the material with a worm gear pump, at the discretion of

Twence.


Liquid organic waste



Waste of vegetable origin released from the maintenance of roadside verges, ditches,

waterways, lawns, plantations, public gardens, parcels of woodland and nature

conservation areas. Green waste covers oversized garden waste from households

which is presented separately from the organic waste from kitchens and gardens.

EWC code

Various


Bioconversion


It must be biomass as specified in the Regulations governing Guarantees of Origin of

Electricity Produced from Renewable Sources (Dutch Government Gazette

15 December 2003, no. 242/page18).


The following may not be presented

Green waste which contains more than 50 kg per ton of other Waste or objects other

than those caught in it;

Roof thatch;

Invasive alien species (weeds such as Japanese knotweed).

Other requirements

None


Green waste

58 Site and safety regulations – January 2018

Site and safety regulations

Foreword

This document contains the Site and safety regulations of Twence. The document is

intended for the carrier. It contains the regulations for drivers and other persons who

enter the grounds of Twence under the responsibility of the carrier.


If you have any questions or require more information, please contact Twence,

Marketing & Sales department: telephone +31 (0)74 240 4567. You can also visit our

website: www.twence.nl.


31. Locations and business hours

Processing location Boeldershoek

Boldershoekweg 51, 7554 RT Hengelo

Processing location Elhorst-Vloedbelt

Almelosestraat 3, 7625 SC Zenderen

Boeldershoek location business hours

The business hours are provided on our website: www.twence.nl.

Elhorst-Vloedbelt business hours

By appointment.

Contact details Twence

For information about presenting waste to Twence, you can contact us as follows:

General telephone number

+31 (0)74 240 44 44

Marketing & Sales

Telephone: +31 (0)74 240 45 67

E-mail: [email protected]

Telephone External logistics

+31 (0)74 240 45 93 / 240 45 68


2 Site and safety regulations

2.1 Introduction

These Site and safety regulations provide the regulations to be complied with by the

carrier when presenting waste to Twence. Carrier is understood to be that party which

delivers the waste to the Twence site. This can be a company engaged by the customer

(Third party), but also the customer itself (Contracting party).

The carrier must comply with all statutory regulations for transport. The carrier must

ensure that all persons who enter the site of Twence on its order have proper command

of at least one of the languages Dutch, English or German (A2 level of the Common

European Framework of Reference for Languages) and are acquainted with the current

regulations and the possible risks connected to the presentation of waste to Twence.

The carrier must inform these persons fully using the regulations below which apply to

the site of Twence.

They include, in order:

telephone numbers to use in the event of accidents or emergencies

general regulations

safety regulations

environmental regulations

supplementary regulations for the processing sites of Twence

2.2 Telephone numbers for accidents and emergenciesThe internal emergency number at Twence for accidents and emergencies is:

Central Control Room (CCR) +31 (0)74 240 4555 if using a mobile telephone or calling

from outside Twence.

If using a fixed telephone or mobile telephone of Twence: 5000.

For other matters, call reception: +31 (0)74 240 4444.

For accidents or emergencies, call the internal emergency number immediately. Clearly state:

your name

location of accident/emergency

nature of accident/emergency (What happened exactly?)

number of victims and nature of the injuries


2.3 General regulations

Waste can only be presented during the specified business hours (see chapter1).

Always follow the instructions of the staff of Twence.

Twence has a safety brochure which is specifically for drivers. If you do not yet have

this brochure, ask for a copy from an inspector.

The traffic rules at the site are in accordance with the Dutch Road Traffic and

Traffic Signals Regulations (RVV). The maximum speed is limited to 30 km/h, unless

otherwise indicated: see the signs at the site. Drive on the site so as to prevent

obstruction and/or dangerous situations for staff, fellow drivers and other persons.

You may only leave the vehicle if there is a demonstrable need. Switch the engine of

the vehicle off if you leave the vehicle other than for reporting to the weighbridge and

unloading the load. Parking is only permitted in the spaces designated for that purpose.

Park the vehicle so that it does not create obstruction and/or danger for others.

Never carry out repairs on your vehicle at the loading/unloading location, at the

container transfer location or beside the road.

You must provide the information requested for weighing and accepting the waste

presented in full and truthfully.

After it has passed the weighbridge, waste may only be moved in the vehicle

containing the site slip. Follow the designated route indications on the site of

Twence. Do not remain on the site longer than is necessary for delivering the waste.

Unloading is only permitted after permission from and following the instructions of

the inspector.

If you want to leave a container/containers at the container transfer location for less

than one calendar day, you must request permission for this from the supervisor. It is

forbidden to place containers at the container transfer location for longer than one

day. The supervisor can give instructions for parking the vehicle at the designated

parking space next to the weighbridge (near the gate).

Containers may only be transferred at one of the container transfer locations. These are

located behind the energy from waste plant and behind the materials recycling facility.

Taking photos, making film or sound recordings at the site of Twence or placing

information from Twence on (social) media is not permitted, unless you have received

written permission to this aim from the Communication department of Twence.

If the site and safety regulations are not complied with, Twence can deny you access

to the site.


2.4 Safety regulations

Smoking is only permitted at the locations designated for that purpose, such as in

front of the entrance to the weighbridge. These locations can be recognised by the

smoking zone pillar. A smoking ban applies to all unloading zones.

It is forbidden to take children younger than 16 years on to the Twence site, unless

otherwise agreed with Twence.

The use of and/or being under the influence of alcohol and drugs is strictly forbidden.

The use of alcohol may be checked. Twence regularly checks alcohol use through

breathalyser testing at the gate. An entry ban of 4 hours applies for an alcohol

promille level of 0.2 to 0.5. An entry ban of 12 hours applies for an alcohol promille

level >= 0.05.

Outside the truck cabin, reflective outer clothing or a clearly visible safety vest is

obligatory. An obligation to wear S3 safety footwear also applies.

Covering with tarpaulin and transporting with tarpaulin covering must be done so

that this does not create obstruction and/or danger for the driver and others. Twence

has a special facility at the container transfer locations for stretching tarpaulin covers

safely. The use of this facility is obligatory, unless the vehicle has its own safe facility.

Report (incipient) fire immediately to the central control room on the internal

emergency number +31 (0)74 240 4555. Warn other people in the area. Then try to

extinguish the fire with the available extinguishing equipment, taking your own

safety into account.

In the event of fire, accidents and other emergencies: follow the instructions of the

company emergency response team. Company emergency response team members

can be recognised by reflective vests with “BHV-Twence” on them..

The default assembly points for evacuation are: the main parking area and the area in

front of the contractor park (the contractor park is close to the entrance to the energy

from waste plant). The assembly points are indicated by the sign:

63

In certain circumstances, places other than the default assembly points can be used.

Members of the company emergency response team will tell you where these are. It is

forbidden to leave the assembly point until permission is granted from the company

emergency response team. This has to do with the registration and finding of any victims.

Keep escape routes free and fire doors closed.

When the doors/flap of a container or compactor are opened: take care because the

doors/flap can open at great speed. Stay at a safe distance from the doors/flap so you

cannot be hit by the doors/flap or falling waste. Follow the instructions on the signs

near the entrances (it can be obligatory to wear a helmet).

Removing waste that is stuck in a container (waste often freezes fast in the winter)

must be done in a safe manner. If necessary, ask Twence staff for assistance. Twence,

or contractors working by order of Twence, are not liable, however, for any damage

which arises as a result of assistance from Twence staff.

When loading/unloading and placing/removing containers, the container doors must

be properly secured. Before the driver leaves the dump location, the doors of the

container must be closed and the container must be positioned flat on the vehicle.

Climbing on the container or walking on the load is not permitted.

Never come between your vehicle and a loader or crane when the load is being loaded.

The truck driver may not be on the container or trailer during unloading.

Twence assumes that you are familiar with the risks associated with exposure to asbestos

fibres and with the current regulations and safety measures for handling asbestos.

If waste containing asbestos is dumped loose, the vehicle must be suitable for this

transport and if possible, have a covering system with flaps. The vehicle must also

have a sufficiently filtered overpressure cabin. After the waste containing asbestos

has been dumped, the vehicle must always be cleaned. Twence has a (tyre) washing

facility for this purpose on site near the wood bank.

Diesel engine emissions (DME): diesel-powered vehicles which are present in one

of the delivery halls of Twence must have a diesel engine Euro 4 or higher. Diesel-

powered work equipment such as loaders and cranes which are present in one of

the delivery halls must have a diesel engine of at least Tier 4/Stage 3B. For questions

about this obligation, please contact the Marketing & Sales department or your

regular account manager directly.

Site and safety regulations – January 2018


2.5 Environmental regulations

Waste must be transported such that the environment cannot be contaminated

during transport.

Covering with tarpaulin is only permitted at the container transfer locations.

If waste is to be dumped at the landfill, you must remove tarpaulins and netting at

the container transfer locations.

If load falls off the vehicle, you must always clean this up. Pay attention to your own

safety and that of others.

The tyres of the vehicles must be clean enough before leaving the Twence site so that

they cannot contaminate the public roads and cannot create unsafe situations. The

tyres must be cleaned at the tyre cleaning facility set up for that purpose.

You must call the internal emergency number immediately in the following cases:

leakage in or from your vehicle

spilled chemicals

(other) environmental contamination

The party responsible for the contamination, taking due consideration of his own

safety, must make every effort to prevent the contamination from spreading

further. Twence determines how the environmental contamination will be treated.

All costs arising from the handling, preventing and removal of the environmental

contamination are, also if external expertise is called in, at the risk and expense of the

party responsible. The party responsible undertakes to reimburse the costs incurred

immediately to Twence as soon as Twence requests this. If the party responsible does

not have sufficient expertise and/or equipment itself, Twence can call in external

expertise and equipment at the expense of the party responsible (at the discretion of

Twence).

2.6 Supplementary regulations for delivery to the EfW plant

Safety regulations for the dumping hall of the Energy from Waste Plant (EfW Plant)

Smoking and naked flame are forbidden in the dumping hall. Never throw cigarette

butts in the bunker.

Remain in the vehicle as much as possible. Do not walk around on the tipping floor.

If there is an alarm in the dumping hall: switch your vehicle engine off and follow the

instructions of the Twence staff.




If a person falls in a dump chute, bystanders can press the emergency button next to

the dump chutes. This stops all activities in the waste bunker. If you do not follow the

instructions, the dumping hall can become a dangerous place to be. There is danger

of collision, risk of exposure to dust and noise, and you run the risk of falling into the

dump chutes.

Unloading method at the EfW Plant

Always follow the instructions of the inspector.

A dotted yellow line runs in front of the dump chutes. The area between this line and

the dump chutes is a risk area. There is a great danger here of falling into the bunker

and being run over. You may only enter this area if this is definitely necessary.

Stop the vehicle firstly in front of the yellow line and open/unlock the container.

Then drive to the bunker edge to unload the waste in one of the dump chutes.

Then drive forward again, beyond the yellow line. Here you can sweep out the

container if necessary and secure it.

Clean up spilled waste yourself to guarantee safety. There is a broom next to the

dump chute. Always maintain a safe distance from the dump chutes. Before you clean

up the spilled waste, the gate in front of the dump chute must first be closed.

2.7 Supplementary regulations for delivery of organic waste from kitchens and gardens and green waste

Only one person may leave the vehicle to operate the tailgate.

You may only drive into the hall when the inspector or loader operator has given

permission to do this.

Only one vehicle may be present in the delivery hall at a time (apart from Twence

vehicles that may be present).

2.8 Supplementary regulations for delivery to the biomass power plant

In the delivery hall of the biomass power plant, in addition to the general PPE

regulations (high visibility outer clothing and S3 footwear), FFP3 class breathing

protection must also be worn.

No more than two vehicles may be present in the unloading hall at the same time

(apart from the Twence loader or loaders that may be present).

A loader has priority at all times.

Twence

Boldershoekweg 51

7554 RT Hengelo

The Netherlands

T +31 (0)74 240 44 44

E [email protected]

I www.twence.nl

Location Elhorst-Vloedbelt

Almelosestraat 3

7625 SC Zenderen

The Netherlands

Documents

02 eneral Terms and Conditions anar 2018 - Twence3cfc217c-e009-46fa... · 1. Presentation period: the period specified in the contract within which Contracting party must present