Hofer Tankreinigung AG
Neue Aarburgerstrasse 6
4852 Rothrist
Schweiz
These general terms and conditions or terms of use (hereinafter “Terms”) are a binding agreement
between Hofer Tankreinigung AG, registered at 4852 Rothrist, CHE-370.462.689, and its client. It
regulates the access and use of the client to the Hofer Tankreinigung AG cleaning service.
By accessing and using the cleaning service, the client declares his full agreement to these conditions.
Unless otherwise agreed in writing, these conditions apply to all contractual relationships between
Hofer Tankreinigung AG and its client and also replace all previous agreements.
The client is therefore requested and required to read these conditions carefully before using the
cleaning service
Hofer Tankreinigung AG offers its client a cleaning service that enables the interior and exterior
cleaning of tanks, silo vehicles, containers, and various other containers (hereinafter “subject of the
contract”). It also enables the client to carry out external cleaning independently.
The contract between the parties is concluded, on the one hand, by the signature of the client
(company, individual, etc.), his driver, or his specifically authorized representative (hereinafter
“client”) and, on the other hand, by the signed acceptance of the cleaning order by Hofer
Tankreinigung AG.
Hofer Tankreinigung AG cleans the contractual item based on its many years of experience and
specialist knowledge to ensure that it is ready again for the next load using the appropriate cleaning
treatments. Interior cleaning only takes place if the contractual item is completely empty. If there are
still residual goods in the subject matter of the contract, the client is obliged to inform the cleaning
staff accordingly before cleaning begins. This is followed by a joint inspection of the subject matter of
the contract. If the remaining contents are goods that Hofer Tankreinigung AG can also dispose of
professionally, they can also dispose of these remaining goods at the same time in individual cases at
the current rates. However, the disposal of remaining goods is only part of the contract if this is
expressly stated in writing in the cleaning order.
The purpose of the cleaning is to professionally clean the contractual item following the client's
instructions and in compliance with the criteria of the EFTCO (European Federation of Tank Cleaning
Organizations).
According to the standard, the order to clean the tank does not refer to the cleaning of accessories
such as hoses, valves, pipes, pumps, filters, and the like. If the client also wishes the accessories to be cleaned, he must expressly inform Hofer Tankreinigung AG of this before the cleaning begins and at the same time name the parts to be cleaned so that these can be included in writing in the cleaning
order.
The use of cleaning agents always depends on the “last load” specified by the client. If the client
intends to clean a previous load, this must be expressly noted on the order.
A contract item is considered to have been cleaned if, after inspection, it does not show any visible
residues or odors from the last load or cleaning agent residues. If possible, the inspection is carried
out visually by opening the contractual object.
After the cleaning has been completed, the client must immediately check whether the service
provided corresponds to the order placed. This obligation is the responsibility of the client, especially
if the tank is not dried according to the order. The client is aware that in this case no visual inspection
can be carried out by the cleaning staff. If complaints arise, these must be reported to the cleaner
promptly and before leaving the Hofer Tankreinigung AG company premises and noted in writing on
the cleaning order. A new entrance to the cleaning system for subsequent cleaning is subject to a
charge.
Hofer Tankreinigung AG guarantees cleaning according to the current state of the art to carry out
professional and careful cleaning of the tank following the client's cleaning order.
Reservation: Any liability is expressly excluded for consequences of cleaning that could lead to an
inadequate cleaning result due to a lack of maintenance and/or hidden defects on the vehicle, a poor
general condition of the contractual item, the accessories, or a blind spot on the contractual item.
After successful cleaning and acceptance of the cleaned contractual item, Hofer Tankreinigung AG
confirms the successful cleaning to the client or his driver with an ECD (EFTCO Cleaning Document).
Before cleaning begins, the client is obliged to present the CMR consignment note to Hofer
Tankreinigung AG without being asked. This must be filled out correctly, including a precise
description of the last load, containing technical specifications, hazard class, safety data sheet, etc. If
the client does not have a CMR consignment note, the driver must provide all relevant information
truthfully.
In principle, the client must provide the cleaning station with all the information required in writing to
ensure that the cleaning can be carried out safely. The safety of staff and other people who are in or
around the facility, as well as the environment and the facility, has the highest priority.
If the content of the subject matter of the contract contradicts the information on the CMR
consignment note or contains inconsistencies, Hofer Tankreinigung AG reserves the right to reject an
order. This also applies in the event of linguistic understanding problems between the cleaner and the
client.
Hofer Tankreinigung AG relies on the documents and information provided by the client without
checking their accuracy, correctness, or completeness in advance. If an incident occurs due to
incorrectly presented documents or false information, Hofer Tankreinigung AG declines any liability.
The client undertakes to comply with all safety guidelines of Hofer Tankreinigung AG when cleaning.
When using the cleaning system independently (external cleaning), the client must treat the cleaning
system gently and carefully. Use of the facility is at your own risk. The client must observe the
statutory accident prevention regulations and must strictly follow the instructions of the cleaning
staff.
The client is required to check the suitability of the tank and the condition of the tank before loading
the product. This is especially true for tanks that need to be heated. It is not the competence and
responsibility of Hofer Tankreinigung AG to evaluate the compatibility of products or the suitability of
the tank or accessories. The client is fully responsible for this before, during, and after
cleaning/heating.
After cleaning the tank, the client receives his tank, checks it according to point 1, and carries out a
corresponding check.
If the client is not present when the tank is accepted, this does not release the client from his
obligation to carry out the proper inspection after cleaning. (Art. 370 Paragraph 2 OR).
If the client has signed the cleaning order, the order is deemed to have been carried out satisfactorily.
From this point onwards, full responsibility falls back to the client.
After leaving the Hofer Tankreinigung AG company premises, there is no longer any entitlement to
subsequent cleaning.
The prices are based on the tariff applicable on the day of the cleaning. The price is shown in CHF or
EUR, excluding VAT, unless otherwise mentioned.
The cleaning is generally payable immediately after the service has been provided and without
deductions. Hofer Tankreinigung AG accepts cash payment, payment via card terminal, or, if
necessary, payment against invoice after separate agreements and regular cleaning. However, Hofer
Tankreinigung AG expressly reserves the right to insist on cash or card payment.
If paying by invoice, the amount must be paid within 30 days. If the client is in arrears with payments
due, cash payment can be requested on-site for further cleaning.
If the client fails to fulfill the obligations listed under point 3, all liability of the contractor expires.
Liability also expires as soon as the client has removed the tank from the Hofer Tankreinigung AG
premises. If inadequate cleaning is discovered later and requires subsequent cleaning, the normal
tariff will apply again.
Although correct cleaning is guaranteed under point 2, this only applies to the extent that Hofer
Tankreinigung AG is granted a comprehensive inspection opportunity and option. For comprehensive
cleaning, accessories, etc. must be dismantled. However, its cleaning is not included in the standard
program. Liability for guaranteed cleaning is also excluded for parts that cannot be seen, such as
hoses, pumps, outlets, and especially tank outlet nozzles. The client decides for himself whether the
additional parts will be cleaned; However, Hofer Tankreinigung AG is not obliged to clean such parts.
Hofer Tankreinigung AG is only liable for damage caused to the cleaned parts; There is no liability for
parts that are not included in the cleaning order. In addition, the client is liable for all damages that
have led to direct or indirect damage to materials or intangible objects as a result of his false,
inaccurate, and/or omitted information.
The client is liable under the provisions of the OR for any damage caused by the client directly or
indirectly to or in the tank cleaning system, to third-party material, or third parties in the cleaning
area.
In addition, Articles 369 to 371 OR also apply.
If problems arise that are not identified as a result of these terms and conditions, the parties
undertake to resolve them, as far as legally possible, through effective agreements.
If a provision is invalid or if matters are not regulated in these conditions or existing or future
additional agreements, this does not result in the invalidity of all conditions, but rather they are
decided following the provisions of the Swiss Code of Obligations (OR). The parties will replace the
invalid provision with an effective provision that comes as close as possible to the intended economic
purpose of the invalid provision. The same applies to any gaps. Any additional agreements that may
exist between the parties remain valid and binding in their entirety, provided they are not canceled
by these conditions.
If a dispute arises, the parties will meet together to find a mutual agreement within 30 days. For all
disputes that cannot be resolved amicably within the specified period, the parties submit to the
ordinary Swiss jurisdiction at the respective headquarters of Hofer Tankreinigung AG, currently based
in Rothrist AG.