1. General

“Purchaser” means either Campine NV or Campine Recycling NV. Only purchasing orders confirmed in writing by the Purchaser shall be considered valid and shall all be subject to the present general purchasing conditions, barring explicit written agreement to the contrary on the part of the Purchaser. Every acceptance of an order by the supplier, be it explicit or tacit, shall commit the supplier to the unconditional acceptance of our general and special purchasing conditions. All documents attached to the purchase order and/or any possible adaptations shall likewise be subject to our general purchasing conditions. In case our general purchasing conditions should be found to deviate on certain points from our special purchasing conditions, the latter shall have priority for what concerns the non-conform provisions.

2. Terms of delivery

It shall be incumbent on the supplier to adhere to a 100% on time delivery schedule (that is to say, delivery on the day or the period of delivery as stated on the purchase order). To the extent that the delivery term allows, the supplier shall indicate the date and the approximate time anticipated for the delivery, with advance notice thereof of minimum three business days. This advance notice must be dispatched to the location where the delivery takes place: Tel 014/60.15.45 / fax: 014/61.96.09. In the event of late delivery, the Purchaser reserves the right to demand a financial compensation for the adverse consequences he has suffered as a result of the delay in question.

3. Place of delivery

The goods need to be supplied under the condition ‘free delivery’ in our plant in Beerse, within business hours, and excluding public holidays, weekends, or the period of our annual plant closure. It is the supplier’s responsibility to inform himself accordingly and in due time. The goods need to be delivered in a closed truck equipped with a loading platform. Representatives appointed by the supplier to carry out deliveries to our plant, need to report their presence on arrival to reception and are expected to remain in full compliance with all of the safety rules and delivery procedures that are in force in our company premises.

4. Prices

The prices stated on the purchase order are to be interpreted as inclusive of all costs for the delivery of the goods. Unless stated otherwise, duties, taxes and contributions - whatever be their nature - as well as costs for packing, transport, treatment, labelling and documentation shall be paid by the supplier.

5. Invoicing

The invoices must be sent in triplicate to the registered office of Campine NV respective Campine Recycling NV, Nijverheidsstraat 2, B-2340 Beerse, at the latest on the day following the effective delivery date. All invoices must make mention of the reference data that appear on the Purchaser’s purchase order. Every deviation from these stipulations may lead to a postponement of payment and/or a return of the invoice to sender. Unless formal and written notice to the contrary, all payment of invoices will be made end-of-month 60 days after delivery.

If the supplier has not fulfilled all established commitments and/or in case of complaints of the Purchaser, the Purchaser is entitled to partly or not to settle the expired invoices The full value of the delivery will only be paid, according to the statements mentioned above, under the explicit condition that all elements of the delivery are delivered properly at the Purchaser.

6. Transportation risk

Unless stated otherwise, the supplier shall assume full responsibility for the goods during their transportation, on arrival at and delivery to our plant up to the moment of their reception and acceptance.

It shall be incumbent on the supplier and the carrier to comply with all of the stipulations or regulations that are in force with reference to transport, border-crossing and/or reporting requirements to the authorities, whatever be their nature.

7. Documents

The following documents need to be made available for every delivery: shipping note, analysis certificate, MSDS, inspection certificates, every other statutorily prescribed document or certificate.

- The shipping note must mention: article reference and purchase order number of the Purchaser, number of packages, net and gross weight, product name, the various production numbers of the delivered lots, and the quantities per production number.

- The analysis certificate must mention: article reference and purchase order number of the Purchaser, product name, the detailed analysis of each production number, and the quantity per production number. This document must be sent to Campine Beerse at the latest on the day of delivery (by fax, letter, or together with the transport documents).

Acceptance of the goods not accompanied by the above-mentioned documents must under no circumstance be interpreted as a waiver of recourse or renunciation of any right whatever on the part of the Purchaser.

8. Production numbers

In the event that goods shall be produced in lots, the supplier shall engage himself to deliver the ordered quantities in as small a number of lots as possible.

Moreover, each lot needs to be clearly identifiable by means of a distinct lot number.

9. Warranty responsibility

The supplier shall guarantee that the delivered goods are conform to the stipulations as mentioned on the purchase order, as well as being conform to the specifications, scope of application and any general characteristics whatsoever of which the supplier makes mention in the literature for which he guarantees the distribution, and also conform to all relevant regulatory prescriptions. The reception of the goods shall take place in our plant in Beerse. The valid weights shall be those that are established on arrival of the goods as measured by our equipment. On the occurrence of a non-conformity at the time of reception of the goods, it shall be incumbent on the supplier to take the required corrective measures without any delay and to bear all costs associated herewith; these interventions on this part shall in no wise release the supplier from his obligations with reference to the delivery date as stated in article 2 of the present general conditions.

The acceptance of the goods shall in no wise release the supplier from his liability for non-conformities or defects that could come to the light during stocking, during use of the goods in the workshops of the Purchaser, or that might become manifest during some later stage. The liability of the supplier shall in no wise be limited to the value of the goods. The supplier protects the Purchaser against all claims that would be formulated towards the Purchaser, and in the main, interests and costs.

10. Safety, environment

The order and the delivered goods need to satisfy the following requirements with respect to safety and hygiene:

  • the laws and regulations in force with respect to safety and hygiene;
  • all other conditions that are indispensable in order to ensure compliance with the objectives of the dynamic risk control system.

The delivered goods must satisfy the regulations imposed by the public administration, safety and environmental requirements in force in the country of production, unless in case of conflict, on the one hand, with the statutory regulations or requirements in the recipient country of the goods, or, on the other, with the statutory regulations or requirements in the recipient country of the end products of which the delivered goods form an incorporated segment.

Case pertaining, the supplier shall ascertain and ensure that such additional regulations or requirements that need to be complied with shall be duly satisfied.

11. Verification (of the purchased goods)

Both Purchaser and the Purchaser’s customer reserve the right to conduct some form of verification (audit or some other form of control) on the premises of the supplier.

12. Force majeure

This contract is subject to force majeure. In the event that the delivery or reception of the ordered goods becomes impossible, it shall be incumbent on the supplier or the Purchaser to inform the other party in writing. In case of force majeure situation, the agreement shall be suspended. In case the suspension of the agreement exceeds 30 days, the party that was informed of the suspension shall be entitled to cancel the contract.

13. Specifications

The seller commits himself to inform the Purchaser about every change of technical specifications of his goods. In this case the Purchaser has the right to cancel without costs an agreement of still to be delivered goods.

14. REACH and CLP

The seller commits to fulfil all regulations of the REACH legislation and particularly to those which are relevant for application of the goods to be delivered at the Purchaser and the registration of the goods to be delivered by him.

The seller commits also to provide the Purchaser of a valid safety data sheet of his product – adapted to the application of the goods by the Purchaser.

The documents needed have to be sent to the Purchaser before or at the latest the day of the delivery (by fax, by letter or together with the freight documents).

15. Jurisdiction

All disputes arising from the agreement concluded shall be governed by Belgian law whereby the Courts of Turnhout shall possess the sole competence to entertain and render a verdict in casu. Procedure costs shall be paid by the losing party.

Version 2 – GB 2009. This version annuls all previous versions.

Campine NV / Campine Recycling NV – IZ Kanaal West, Nijverheidsstraat 2, 2340 Beerse, België.