Terms and conditions

ART 1. Order confirmation

1.1 Only an order confirmation signed by Devogelaere Recyclage N.V. shall be binding upon Devogelaere Recyclage N.V. Its execution shall be subject to the general terms and conditions set out in the order form and/or invoices, to the exclusion of the customer’s own terms and conditions, even if these are communicated at a later stage.

1.2 The sales agreement shall only come into effect upon written confirmation by Devogelaere Recyclage N.V. Commencement of performance shall be deemed to constitute confirmation, unless such performance is carried out subject to reservation.

1.3 Any cancellation of an order must be made in writing and shall only be valid upon written acceptance by the seller. In the event of cancellation, the customer shall owe a fixed compensation amounting to 30% of the order price. This compensation covers fixed and variable costs as well as any potential loss of profit.
If the order has already entered production, the full price shall be payable. Customer-specific orders must likewise be paid in full.

ART 2. Description of the goods

The goods shall be collected or delivered as specified in the order form or on the front of the invoice.

ART 3. Price

3.1. The stated prices are exclusive of VAT and are determined on the basis of the terms and circumstances applicable on the date of the quotation. The applicable price shall be the price stated in the offer, quotation and order confirmation. This price may be revised:

• In the event of a change in one or more factors determining the price that is beyond the control of Devogelaere Recyclage, including changes in applicable laws and regulations or in market-specific circumstances, such as, but not limited to, supply quotas, transport indices, acceptance criteria, availability criteria, pre-treatment requirements, temporary or permanent closure of processing facilities, increases in final processing tariffs, taxes and environmental levies.
• In the event that the waste materials cannot be processed as provided for in the agreement.

3.2. If no price has been agreed, the supplier’s customary prices applicable at the time of performance shall apply. By placing the order, the customer acknowledges having been informed of and accepting these prices.

ART 4. Delivery

4.1 The goods shall be deemed delivered upon departure and shall at all times be transported at the buyer’s expense and risk.

4.2 Delivery times and application periods are provided for information purposes only and are therefore not binding.

4.3 Any delay in delivery or application shall under no circumstances give rise to a penalty, compensation or termination of the agreement.

ART 5. Rolling Stock and Operating Equipment

The rolling stock and operating equipment made available by the supplier, such as containers and similar equipment, shall be delivered to the customer in good condition. The customer shall be responsible for its proper and normal use. The equipment must be returned in good condition.

The equipment made available shall be included by the customer in its fire insurance policy and operational liability insurance, as well as any other relevant insurance policies. In addition, the customer shall include in its fire insurance policy a waiver of recourse against the supplier.

For the entire duration of the period during which the equipment is made available, the customer shall remain liable for all risks, including vis-à-vis third parties, such as damage to, partial or total loss of and/or destruction of the equipment made available, for any reason whatsoever, including accidental events and force majeure. The supplier shall have any damaged equipment repaired at the customer’s expense. During all repairs and for any period during which the equipment is unusable, the customer shall remain liable for payment of the fee for making the equipment available.

The use and placement of the equipment shall at all times be at the customer’s own risk. The customer must indicate the exact location where the equipment is to be delivered and collected. The supplier cannot be held liable for any damage arising from the placement or use of the equipment.

The customer is responsible for obtaining the necessary permit(s), installing the required signage and complying with the applicable police regulations. Pledging the equipment or making it available to third parties is not permitted.

The customer may only have the equipment made available collected, transported or moved by the supplier or its appointed representative. In the event of non-compliance, the customer shall owe the supplier a fixed compensation of €250 per infringement.

The timeframes for the delivery, collection and/or emptying of containers are purely indicative and do not constitute any binding obligation on the part of the supplier. The customer shall not be entitled to claim any compensation in this respect, provided that collection takes place within a reasonable period.

ART 6. Acceptance and processing of waste

6.1. The waste materials offered must correspond to the information provided by the customer and to the acceptance conditions established by Devogelaere Recyclage. The customer shall accurately describe the characteristics of the waste, both chemical and physical. If any changes occur in the composition of the waste materials, the customer must inform Devogelaere Recyclage thereof without delay. The customer undertakes to provide any additional information concerning the waste upon first request by Devogelaere Recyclage.

6.2. If the waste to be collected does not comply with the applicable requirements, Devogelaere Recyclage shall have the following options:

• To refuse the waste. If the waste remains on site, this shall not give rise to any form of compensation for the customer.
• To accept the waste and remove any non-compliant or disruptive materials and have them processed at the customer’s expense.
• To return the waste to the customer if no processing option can be found for the non-compliant waste. In all cases, all resulting costs (including storage, sorting, transport, processing, analysis, administration, etc.) and any other disadvantages incurred shall be borne by the customer. The customer accepts that Devogelaere Recyclage may provide evidence of the non-compliance by means of photographs and/or written notification.

6.3. The following waste materials are never permitted in the containers or upon delivery: radioactive waste, waste presenting an explosion hazard, burning waste or waste that may cause a fire, asbestos, and other environmentally hazardous substances.

ART 7. Inspection and Complaints

7.1. Each collection or delivery must be inspected by the customer immediately upon receipt. Complaints, comments or disputes shall only be accepted if submitted in writing to the registered office of Devogelaere Recyclage N.V. within 7 days of delivery of the goods. The use, even in part, of any product(s) subject to dispute shall be deemed to constitute acceptance thereof.

7.2. In any event, the liability of Devogelaere Recyclage N.V. shall be limited to the replacement of goods that do not comply with the terms of sale, without Devogelaere Recyclage N.V. being liable for any additional compensation whatsoever.

7.3. Delivered goods may only be returned with the prior written consent of Devogelaere Recyclage N.V. The return of the goods to the warehouse of Devogelaere Recyclage N.V., the transport costs, and the risk associated with the replacement shall be borne by the customer.

ART 8. Transfer of Ownership

8.1. The collected and delivered goods shall remain the property of the seller until full payment of the principal amount, costs and interest.

8.2. Delivery shall, as stated above, take place at the buyer’s risk, and the buyer must insure against any possible loss or damage.

ART 9. Payment

9.1. Invoices are payable without discount, in euros, to the bank account of Devogelaere Recyclage N.V. This shall also apply if Devogelaere Recyclage N.V. draws bills of exchange on the buyer or has such bills collected through financial institutions.

9.2. From the due date of the invoice, the invoiced amounts shall automatically and without prior notice of default bear interest at a rate of 10% per annum until the date of full payment.

9.3. Failure to pay an invoice or bill of exchange by its due date shall render all other outstanding amounts immediately due and payable and shall entitle Devogelaere Recyclage N.V. to refuse delivery of all pending orders. In addition, if an invoice remains unpaid on its due date, Devogelaere Recyclage N.V. reserves the right to unload the goods back at the customer’s premises.

9.4. In the event of non-payment of the invoiced amounts by the due date, a fixed compensation of 10% of the unpaid amounts shall automatically be due, without prior notice of default, subject to a minimum of €125, in addition to all interest and any other costs, collection costs or legal costs.

ART 10. Applicable Law – Dispute Resolution

10.1. All offers, agreements and any obligations arising therefrom shall be governed exclusively by Belgian law.

10.2. All disputes shall fall under the exclusive jurisdiction of the courts of the judicial district of Ghent, Kortrijk division.