GENERAL CONDITIONS

1. VALIDITY

2. Offers & Orders

3. Prices

   The general conditions apply to all the activities and services of EUROWASTE (limited company) or the subcontractors who operate at the expense of EUROWASTE. Departures on this can only be recognized when they were confirmed in writing and in advance by EUROWASTE. These departures will only remain for the activities and/or services as arranged.

   Each offer of EUROWASTE is valid for a period mentioned in the offer, or in the absence of it, in the accompanying letter.

Each order for EUROWASTE is considered as accepted at the moment when the order is confirmed in writing by EUROWASTE, or in the absence of it, when EUROWASTE effectively started the realisation.

   The applicable price is the one who is valid at the moment when EUROWASTE confirms the order in writing or when the agreement between the contracting parties is signed. The prices as mentioned in the offer, are net prices, so they are exclusive of V.A.T., taxes, revenues and other contributes who are at the expense of the client, except when it is mentioned otherwise.

4. Conformity and processing.

5. Packing and labelling

6. Charging and transport

   The waste products are accepted at the place of processing. The weights received at the weighbridge of the processing company, or in the absence of it, received at the weighbridge of a legal weighbridge of a third company indicated by EUROWASTE, are binding for the client All terms mentioned in function of the processing, are to be seen as approachable. When the offered waste products are not in accordance with the description given by the client and/or with the results of the analyse as part of the transaction at hand, the processing will only take place if it is technically and regulatory possible and if the increased price will be accepted in writing by the client. If it turns out in the situation mentioned above, that the processing can’t be realized, the waste products will be sent back to the client at his expanse and his risk. The firm EUROWASTE will be remained free from any damage arisen from the situation.

   Packing, identification and labelling of the waste products have to be done by the client who complies with the operative regional, national and international regulations:

ARAB = Regulation for the protection of the employee, in general of the labour, ADR = regulations concerning transport. Any damage caused by a non-conform or inferior packing, identification or labelling, is at the expense of the client only.

   The charging is arranged by the client corresponding the valid security-prescriptions and if necessary, in consultation with the carrier/conveyer, indicated by EUROWASTE.

The transport and handling of the waste products towards the place of processing, even when it’s at the expense of EUROWASTE, will also take place on the responsibility and risk of the client, who has to care of the conformity and the quality of the waste products.

When the waste products leave the client’s factory ground, the client will control the conveyance as well as the charge on accordance with the regulations of the ADR (=regulations concerning transport).

Any damage caused by non-confirmed or unsafe charging, transport or manipulation of the waste products, are at the expense of the client, under the condition of the possible liability of the conveyer.

7. Invoice: payment and complains

8. Circumstances beyond one’control

9. Annulation

   Invoices have to be paid within 30 calendar days after the date of invoice. The payment will only be valid on the seat of EUROWASTE or on one of her financial bills.

We want to draw your attention to the fact that our invoices have to be paid within 30 calendar days after the date of invoice.

In case of non-payment, a interest payment will be accrued at 12 % above the Belgian bank discount rate, for every month or period of a month, after the payment term as mentioned above, is expired.

Our offers are based on the present wages, tariffs and exchange rates.

Every expired amount will be increased by a fixed compensation of 10 %, with a minimum of € 65,- and a maximum of € 6.500,- because of extra judicial collect costs. This increase will take place, undiminished with eventual judicial costs or compensations of administration of justice, taking the application of article 1244 of the Civilian Lawbook into account, by right and without proof of default.

 All the circumstances against EUROWASTE’s will, f.e. government intervention, demonstrations, boycott, lock-out, a lack of workers, energy or free roads, exceptional weather conditions, etc., who make the normal realisation of the agreement impossible or hinder it seriously, relieve EUROWASTE for the duration of these circumstances and with regard to the dimensions of their consequences, of the obligation to realize the agreed activities and/or services. All expenses made, will be charged by EUROWASTE.

   Eurowaste will execute the ordered service at the in the order mentioned delivery date if during planning with both producer and processor it is apparent that the delivery date is available for both.

The date of execution will be communicated in writing to all parties concerned. If the customer, for justified reasons and beyond Eurowaste’s responsibilities, cancels the partial or full order, Eurowaste will be compensated for all expenses made up to and including the date of cancellation. Eurowaste will however not be reimbursed for any yielded profits.

In case that Eurowaste does not comply partially or in full with the specifications, instructions or date of execution of the order, the customer is allowed to cancel the order. When the customer however has no justified cause to cancel the order, Eurowaste is entitled to a flat-rate compensation of 10% of the complete order’s value without residing from the right to prove higher damages and claim additional compensation.

10. Guaranties

11. Disputes

 EUROWASTE guaranties at every moment the observance of her obligations as recognized collector of waste products in accordance of the valid regulations in the Flemish region and the European Community.

For this, EUROWASTE disposes of the legal required, particular insurance of liability and she takes her responsibility for the collector, transport and processing of the waste products like a bonus pater familias.

   Only courts of justice are competent to clear eventual disputes between EUROWASTE, the client and/or other concerned companies, applying the operative Belgian right.

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General

Condition