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GENERAL CONDITIONS OF PURCHASE
Art.1 : These general terms and conditions are applicable to all the contracts between the provider and Fuel-Trade, in connection to the regulations for the collection, transportation, and processing or conversion of organic waste materials from the food industry.
In case the provider has its general terms and conditions, they will be replaced by these terms and conditions unless otherwise agreed upon in writing.
Art. 2: Requirements for (THE PRODUCTS).
THE PRODUCTS must be provided based on the applicable laws and Fuel-Trade's specifications. THE PRODUCTS must meet the following conditions:
• THE PRODUCTS must be uncontaminated used frying fat and oil of food grade.
• Free of all substances that are not derived from food preparation.
• Must not contain foreign inert materials such as metals, plastics, paper, except packaging materials permitted by Fuel-Trade.
• Must be free of water.
Art. 3: Provider's requirements
The provider must deliver THE PRODUCTS that conforms to the agreement between the provider and Fuel-Trade. Before offering THE PRODUCTS to Fuel-Trade, the provider must:
• Guarantee and demonstrate, if required, that the THE PRODUCTS presented conforms to the agreement and has not been contaminated with any material foreign to food preparation.
• If necessary, the provider must confirm this in writing to Fuel-Trade.
• Take necessary measures to separate the THE PRODUCTS so that there is no risk of contamination.
• Store the THE PRODUCTS in receptacles provided by Fuel-Trade for this purpose only.
• Ensure that unauthorized personnel do not have access to these receptacles.
• Inform Fuel-Trade immediately if the THE PRODUCTS has been contaminated with other waste material.
Art. 4: Fuel-Trade's obligations If the THE PRODUCTS meets the agreed specifications, Fuel-Trade will:
• Accept THE PRODUCTS presented by providers accepted by Fuel-Trade.
• Recycle THE PRODUCTS to create reusable raw material according to the laws in force.
• Provide all legally required documentation.
• Make payment to the provider based on market prices.
Art. 5: Fuel-Trade's power of inspection Fuel-Trade has the right to inspect THE PRODUCTS at all phases of the production process at the provider's site, as well as before and during transfer to Fuel-Trade. The provider must ensure that the inspection proceeds properly.
If Fuel-Trade finds that the THE PRODUCTS offered does not correspond to the agreement between the provider and Fuel-Trade, Fuel-Trade will inform the provider and is entitled to refuse the THE PRODUCTS or consider it as waste material for destruction.
Art. 6: Contamination with waste material If Fuel-Trade discovers that the THE PRODUCTS is contaminated with other materials not meeting the agreed specifications, Fuel-Trade will consider the provider at fault and propose a solution. If the provider and Fuel-Trade cannot reach an agreement, Fuel-Trade is authorized to have contaminated THE PRODUCTS removed for destruction without the provider's explicit permission, and recoup the cost from the provider.
If flagrant deviations in the composition of the THE PRODUCTS accepted are found, Fuel-Trade will inform the appropriate government bodies.
Art. 7: Shortcomings If either party fails to meet one of its agreed obligations on time or sufficiently, the other party can terminate or suspend the contract wholly or in part without providing any compensation or notice. All damage and costs connected to a shortcoming on the part of the provider will be recouped from the provider.
Art. 8: Liability towards Fuel-Trade The provider is liable for any damage resulting from the provision of material that deviates from what has been agreed. The provider will indemnify Fuel-Trade against third-party damage claims linked to the provision of material that does not conform to the agreement.
Art. 9: Liability towards THE PRODUCTS providers If there is an unexpected event that leads to Fuel-Trade's liability in executing the agreement, this liability shall be limited
Art. 10 : The applicable legislation, including any amendments, will still apply to Fuel-Trade and the THE PRODUCTS provider, regardless of the terms and conditions. However, if any clause in the terms and conditions violates the law or public order, only that clause will be considered invalid, and the remaining clauses will remain in effect.
Art. 11 : The contract between Fuel-Trade and the provider is exclusively subject to Belgian law. Any disputes that may arise in connection with the contract, including disputes as to its existence and validity, shall be resolved only by the authorized Belgian court.
Art. 12 : Fuel-Trade reserves the right to change the contents of the general terms and conditions at any time. However, any amended terms and conditions will only come into effect after they have been communicated to the THE PRODUCTS provider.