Last updated: 01.07.2026
Article 1 Without prejudice to the application of any special conditions included in a separate written agreement, these general terms and conditions apply to every offer, order form or agreement between RECUPLAST, having its registered office at 7780 Comines, Rue du Textile 10, registered in the Crossroads Bank for Enterprises under number 0876.779.832 (“RECUPLAST”), and its customer. Every order, whether communicated orally or in writing to RECUPLAST, as well as every acceptance of an order form by RECUPLAST, implies that the customer agrees with these general terms and conditions and, on its part, waives its own general terms and conditions. Depending on the agreement, RECUPLAST acts: (a) as seller of recycled raw materials, whereby ownership of the goods is transferred to the customer, or (b) as contractor for processing services, whereby the customer remains the owner of the supplied materials and RECUPLAST only provides a processing service. Unless expressly agreed otherwise, redelivery to the same customer implies a contract for work.
Article 2 Our offers are without obligation and remain valid for one month, unless stated otherwise. The delivery periods communicated by RECUPLAST are purely indicative, as these may be influenced by various factors outside the control of RECUPLAST. Delay can never give rise to compensation or termination. The agreement between RECUPLAST and its customer is concluded upon notification of acceptance by RECUPLAST of the customer’s order, whether written or not. Any additional works or adjustments are always carried out at the wages and cost prices applicable at the time of execution. RECUPLAST expressly reserves the right to increase its prices if objective and demonstrable cost price factors directly related to the execution of the agreement, including but not limited to raw materials, energy, transport and labour costs, increase, even if this occurs as a result of foreseeable circumstances. The price adjustment will be reasonably proportionate to the established cost increase and will be communicated to the customer with justification. If the price increase exceeds 15%, the customer has the right to terminate the agreement free of charge within a period of fifteen (15) calendar days after notification.
Article 3 If the goods are delivered by RECUPLAST on pallets/packaging that form part of an exchange system, generally accepted or mutually agreed, RECUPLAST reserves the right, in the event that these pallets/packaging are not returned by the customer, to charge them to the customer at the prevailing market prices.
Article 4 Unless the parties have expressly agreed otherwise in writing, RECUPLAST’s invoices are payable no later than 30 days after the invoice date. Any complaints must be notified to us in writing and with reasons within 5 days after the invoice date, failing which the invoice shall be definitively due. In the event of non-payment of an invoice on the due date, all other claims against the customer that are not yet due shall become immediately payable by operation of law and without prior notice of default. In that case, RECUPLAST furthermore reserves the right to suspend the execution of all ongoing orders, without prior notice of default and without compensation. In the event of whole or partial non-payment of an invoice on the due date, the customer shall, by operation of law and without prior notice of default, owe default interest on the unpaid invoice amount in accordance with the statutory interest rate for late payment in commercial transactions (Act of 2 August 2002). Moreover, in the event of late payment of the invoice, a fixed compensation shall be due by operation of law and without prior notice of default equal to 10% of the unpaid invoice amount, with a minimum of EUR 125.
Article 5 All taxes, duties and/or levies of whatever nature relating to the services rendered, goods delivered or their transport, including new taxes, duties and levies that would be introduced after acceptance of the order, shall be borne entirely by the customer.
Article 6 If the customer wishes to exercise its right of termination, it must notify RECUPLAST by registered letter within fifteen (15) days after becoming aware of the facts. In all other cases, the customer who nevertheless cancels a placed order or terminates a concluded agreement shall be obliged to pay the full compensation to RECUPLAST. Orders placed and accepted that are produced specifically to the customer’s specifications can never be unilaterally cancelled by the customer, except in the event of gross negligence, intentional fault, deceit or fraud on the part of RECUPLAST.
Article 7 RECUPLAST is only bound by a best-efforts obligation. It carries out its tasks and assignments on the basis of the instructions provided by the customer. Its liability is in any case limited to the invoice amount of the relevant assignment, to the exclusion of indirect damage such as, but not limited to, loss of profit, business interruption or reputational damage. RECUPLAST may assume that the information provided by the customer is correct and complete. RECUPLAST cannot in any way be held liable for any incorrectness or incompleteness of this information. RECUPLAST cannot be held liable either for delays resulting from the untimely completion of earlier works by third parties or by the customer.
Article 8 The transport risk of the goods rests with the customer at all times. Upon receipt of the goods, the customer shall inspect the goods and verify whether the quality and quantity of the delivered goods correspond with what was agreed. Any visible defects must be mentioned on the delivery note or notified to RECUPLAST by registered letter no later than within a period of 5 working days. This notification must contain a detailed description of the defect. RECUPLAST is never liable for colour differences, defects and/or deformations of plastics that are inherent to the nature of the product, nor for those resulting from poor or incorrect maintenance. Use of the delivered goods by the customer implies their irrevocable acceptance. Processed or handled goods will in no case be taken back or replaced. Without prejudice to the foregoing, any hidden defects must be notified by the customer, under penalty of forfeiture, by registered letter within a period of eight (8) calendar days after their discovery and at the latest within three (3) months after delivery. The notification must contain a precise and reasoned description of the alleged defect. In the absence of timely and compliant notification, RECUPLAST shall be deemed released from any liability in this regard. In the event of a timely and justified hidden defect, the liability of RECUPLAST is exclusively limited to the repair or replacement of the defective goods, or to reimbursement of their invoice value, at the choice of RECUPLAST, to the exclusion of any other compensation. The above limitations do not apply in the event of intent, deceit or gross negligence on the part of RECUPLAST.
Article 9 RECUPLAST has the right, without prior notice of default, to wholly or partially suspend its obligations towards the customer if the customer fails to fulfil its obligations towards RECUPLAST for any reason whatsoever.
Article 10 Ownership of the sold goods will only be transferred to the customer after full payment by the customer of everything owed to RECUPLAST, including the agreed price, costs, interest and any damages. Nevertheless, as from dispatch/delivery, the customer bears the risk of loss or destruction of the sold goods. Until the moment of actual transfer of ownership, the buyer is therefore prohibited from processing or otherwise disposing of the goods in any way until the invoice has been paid in full, except for processing within the framework of an expressly agreed contract for work (processing services). In the event of processing services, the customer remains the owner of the supplied materials and grants RECUPLAST the right to process them exclusively for the execution of the agreed assignment, without any transfer of ownership taking place hereby.
Article 11 Neither party shall be liable for delay or failure in the performance of its obligations if this is due to force majeure. Force majeure means any event or circumstance that could not reasonably have been prevented or foreseen, or that reasonably falls outside the control of the affected party; including, but not limited to: production interruptions, difficulties in supply or shortages of raw materials, labour, energy or transport delays, strikes, lockouts, work stoppages or other collective labour disputes affecting either RECUPLAST or its suppliers, disruptions of the internet, electricity grid, mail traffic or technology supplied by third parties, government measures, fire, frost, epidemics, state of war and illness. The party invoking force majeure shall take all reasonable measures to end the temporary force majeure situation and shall immediately resume performance after termination of the force majeure situation, unless expressly agreed otherwise in writing.
Article 12 The customer guarantees that the supplied materials comply with all applicable legal and environmental regulations and have been correctly classified. RECUPLAST is not liable for damage or sanctions resulting from incorrect information regarding the nature or composition of the supplied materials.
Article 13 The nullity, invalidity, unenforceability or non-opposability of one or more provisions of these general terms and conditions shall in no way affect the validity, enforceability or opposability of the other provisions. In the event of nullity, invalidity, unenforceability or non-opposability of one or more provisions, the parties shall do everything necessary to replace the provision concerned with a valid clause that most closely approximates the intention and purpose of the parties.
Article 14 Within the framework of the contractual relationship with the customer, personal data of that customer will be collected by RECUPLAST. The personal data communicated by the customer will be processed in accordance with the General Data Protection Regulation of 25 May 2018 (GDPR).
Article 15 All agreements of RECUPLAST are governed by Belgian law. All disputes of any nature whatsoever fall under the exclusive jurisdiction of the courts of the judicial district where the registered office of RECUPLAST is located. In the event of any discrepancy or difference in interpretation between the Dutch version and any translated version (e.g. the English version), the Dutch text shall always prevail.