General terms and conditions

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  1. Unless expressly agreed upon otherwise in writing, these general conditions apply to all offers and contracts between B4Plastics (IQ Parklaan 2A, 3650 Dilsen-Stokkem, Belgium – CBE-n° 0544.878.395) and its Purchasers. B4Plastics is only bound by her own general conditions, excluding explicitly the Purchaser’s own general conditions. Any contractual risk allocation is included in the price. All contractual obligations for B4Plastics have been entered into in consideration of the contractual obligations of the Purchaser and vice versa.

  2. All intellectual property rights on and related to the Services and/or the Products and the manufacturing thereof remain B4Plastics’ sole and exclusive property.

  3. Unless expressly stipulated otherwise, each delivery time is only an indication for information purposes only and is not binding. A late delivery does not under any circumstances entitle a claim for compensation for damages by the Purchaser.

  4. The delivery will take place Ex Works (EXW) B4Plastics’ place of business at Dilsen-Stokkem. From that moment on, the complete risk of goods is transferred to the Purchaser and he has no remedy against B4Plastics regarding the Products in case of loss, damage, theft or decrease in value. The transport risks and costs relating to the Products will always be borne by the Purchaser, even if B4Plastics agrees to organise the transport on behalf of the Purchaser.

  5. The quantity of Product delivered may, , differ from the quantity of Product ordered. Deviations of less than 5% in more or lesser amounts do not affect the price of the respective order. Larger deviations will be deducted from or added to the price of the respective order at the unit price.

  6. B4Plastics may unilaterally change prices if such price changes are due to objective circumstances beyond B4Plastics’ control such as, among others, increase of supply costs, purchase costs, production costs, costs of raw materials, increase of energy prices, etc. Increase of any costs for B4Plastics is considered to be a valid reason for the change of prices. The list of objective circumstances is not exhaustive and applies by way of example. Aforementioned increase of prices  may be applied by B4Plastics and passed on to the Purchaser as from each subsequent order after notification of such increase to the Purchaser.

  7. All invoices are payable within 30 days following the invoice date. The payment has to be done at B4Plastics’ head office at Dilsen-Stokkem (Belgium). The Purchaser is not entitled to request any withholding of payment, reduction in payment, or compensation. As long as the Services and/or Products are not paid for, they will remain the sole property of B4Plastics. Each amount which remains unpaid on the due date is automatically increased, by law, from this due date, without formal notice, by a conventional default interest rate that is equal to the interest rate as stipulated in Article 5 of the Late Payments Act, increased by 2 percent. Each late payment shall besides, by law and without formal notice, give rise to payment of a fixed compensation of 10% of the outstanding amount, as a conventional compensation for damages.

  8. A complaint regarding an invoice needs to be reported to B4Plastics, in writing, within 8 days after the invoice date. Complaints made after this period are inadmissible.

  9. B4Plastics guarantees the Purchaser the good quality of the Services and Products. Any defect/default has to be proven by the Purchaser. Visible damages to Products for which the Purchaser did not record any remarks at the time of delivery cannot give rise to damage claims. Each complaint concerning hidden damages must be brought to the attention of B4Plastics, in writing, immediately following their discovery and no longer than 3 months following the delivery. All subsequent complaints cannot give rise to damage claims. No complaint entitles the Purchaser to withdraw from the payment obligations.

  10. In case of a defect/default, B4Plastics has the right – at its own choice – either to replace the defective Products/Services or to credit and reimburse the corresponding invoice to the Purchasers’ advantage. B4Plastics’ guarantee commitment is strictly limited to the foregoing. All other complaints, including the compensation of costs, damage and interests caused by personal accidents, damage to goods, prejudice of corporate interests and corporate damage, directly or indirectly caused to the Purchaser or third parties, are explicitly excluded. Moreover, the guarantee does not apply when the defects/defaults are caused by normal tear and wear or by any act or omission of the Purchaser and/or third persons.

  11. In case of non-payment on one single due date or in case of breach of any other contractual obligation by the Purchaser, and notwithstanding B4Plastics’ right to payment of unpaid invoices and to indemnification, B4Plastics is entitled – at her discretion – to suspend or postpone the execution of the agreement or to terminate the agreement by merely sending a registered letter to the Purchaser. The same applies should the Purchaser request a judicial or extra-judicial agreement; or should some or all of the Products be confiscated at the request of Purchaser’s creditor(s).

  12. B4Plastics nor Purchaser shall be liable in situations of force majeure (such as for example, war, strike, lockout, energy failures, theft, fire, epidemic or pandemic, restrictions imposed by the government, logistical problems at third parties), as well as contingency, meaning all other unforeseeable events or causes beyond theirrespective control which could lead to B4Plastics or Purchaser being in the absolute impossibility of fulfilling its obligations (in a timely manner) or make the performance of the affected party’s obligations substantially more onerous, costly or timeconsuming than could be expected under normal circumstances. The obligations of the party facing a situation of force majeure or contingency shall be suspended for the duration of the force majeure or contingency. The party invoking the force majeure or contingency must notify the other party promptly and in writing, specifying the nature of the circumstances and the expected impact on its obligations under the agreement. Upon such notification, the parties shall make a good faith effort to overcome the impact of the unforeseen circumstances by renegotiating the relevant terms of the agreement, with the aim of achieving a reasonable and equitable adjustment reflecting the changed circumstances. If renegotiation within a reasonable time, not exceeding 1 month, does not provide a solution, each party may dissolve the agreement without being liable for any damages.

  13. B4Plastics has the right to involve agents for the performance of its obligations under this Agreement. For the purposes of this Agreement, ‘Agent’ means any person or entity, including directors, employees, advisors, coworkers, contractors, and their respective agents and representatives, acting on behalf of or for the benefit of B4Plastics. Such Agents shall not be personally liable to Purchaser or any third party for any actions, omissions or decisions taken in the performance of the duties or in the exercise of the powers granted under this Agreement, so long as such actions are not the result willful misconduct or fraud. This immunity does not apply if the Agent’s actions are expressly prohibited by applicable criminal law. The immunity granted under this clause shall continue after the termination of this Agreement for so long as the acts performed were within the scope of the powers and responsibilities granted.

  14. Purchaser declares and guarantees that B4Plastics is not considered to be Purchaser’s Agent or subcontractor for the performance of Purchaser’s obligations under any main agreement with a third To the extent B4Plastics should be considered as Purchaser’s Agent for the performance of Purchaser obligations under such main agreement, Purchaser will implement in the main agreement with the third party a similar clause as the immunity clause under art. 13 of this Agreement. In any case, Purchaser will hold B4Plastics harmless against any and all claims from any third party based on any main agreement with the Purchaser.

  15. The Purchaser shall not disclose to any other person whatsoever, any confidential information relating to the Products or B4Plastics. Without prejudice to the generality of the meaning of the phrase, confidential information shall include any information or data, directly or indirectly related to B4Plastics and/or the Product, patented or unpatented, regardless of its nature and form (oral, written, electronic, etc) including any information on formulas, products, their manufacturing process, uses, samples, intellectual property rights of any kid or nature, computer software and programs, technical, industrial, business or financial information.

  16. The Purchaser and B4Plastics undertake, represent and warrant to comply with all national and international laws, including, but not limited to export/import control and trade sanction laws and regulations, which may apply to the Products. This compliance is the sole responsibility of each party. B4Plastics cannot be held responsible for any breach of the export/import and/or sanction rules by the Purchaser and vice versa.

  17. B4Plastics and Purchaser undertake to comply with any applicable law and regulation relating to privacy and to the fight against corruption and influence peddling. In this respect, they shall not offer, promise, authorize or grant any advantage to a person, directly or indirectly, for the purpose of influencing him or her to commit a dishonest, illegal or inappropriate act or to violate his or her obligations (for example, with respect to his or her employer) in order to obtain or retain an advantage of any kind or a business. They shall not solicit or accept to receive an advantage for having acted or for acting improperly for the purpose of obtaining or retaining an advantage of any kind or a business.

  18. B4Plastics is entitled to amend these Terms and These revised general Terms and Conditions will only apply once the Purchaser has effectively taken notice of them and has expressly agreed to them.

  19. The provisions of these Terms and Conditions shall be interpreted so as to be valid and enforceable under the applicable law. If one or more provisions of these Terms and Conditions is found to be invalid, illegal or not enforceable, in whole or in part, the remaining provisions shall not be affected. Art. VI 91/6 of the Belgian Economic Law Code (WER) will apply.

  20. All transactions between B4Plastics and Purchaser are governed by Belgian law. In the event of disputes only the Courts of Law of Antwerp (division Limburg) have the judicial authority to deal with the case, with the understanding that parties can propose to first handle their dispute with assistance of a certified mediator.

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