PLASTICIET TERMS AND CONDITIONS
Updated: 15-05-2025
1 DEFINITIONS
In this document the following words shall have the following meanings:
PLASTICIET the organisation with chamber of commerce number 72454326
"Buyer" means the organisation or person who buys Goods from PLASTICIET;
"Goods" means the articles en services to be supplied to the Buyer the PLASTICIET;
"Intellectual Property Rights" means all patents, registered and unregistered designs,
copyright, trademarks, know-how and all other forms of intellectual property wherever in
the world enforceable;
"List Price" means the list of prices of the Goods maintained by the PLASTICIET as
amended from time to time;
2 GENERAL
These Terms and Conditions shall apply to all contracts for the sale of Goods by the PLASTICIET to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the PLASTICIET in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by PLASTICIET.
If PLASTICIET does not always demand strict compliance with these terms and conditions, this does not mean that its provisions are no longer applicable or PLASTICIET, in some degree, the rights to continue complying with these terms and conditions.
If PLASTICIET demands a third party in the preparation or execution of any order of the client, the third party can rely on these general terms and conditions of occupations.
PLASTICIET can at any time customize and change these terms and conditions. PLASTICIET shall communicate this with its Buyers.
3 PRICE AND PAYMENT
The price and rates shall be that in PLASTICIET current List Price, or such other price as the parties may agree in writing. The price is in euro and exclusive of VAT or any other applicable costs.
When ordering for the first time at Plasticiet, payment will have to be fulfilled in full prior to production unless agreed otherwise. For most other orders above €7.500 PLASTICIET works with a down payment of 50% which must be paid prior to shipping, unless agreed otherwise. The invoice for the remaining amount will be sent after shipping of the goods. Any services or products that are ordered in addition to the original order will be added to the second invoice. Payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of receipt of the invoice supplied by PLASTICIET.
PLASTICIET shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment per annum above the base rate of the bank.
If payment of the price or any part thereof is not made by the due date, PLASTICIET shall be entitled to:
• Require payment in advance of delivery in relation to any Goods not previously delivered;
• Refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
• Terminate the contract.
All invoices are to be paid by the Buyer within thirty (30) days of the invoice date.
If the Buyer fails to pay, even after being sent a notice of default, the Buyer will pay PLASTICIET a claim extrajudicial costs of at least fifteen percent (15%) of the total amount due. In addition PLASTICIET will be entitled to charge statutory interest of 11,25% (in words: eleven and twentyfive percent) over the invoice amount with a minimum of € 250 (in words: two hundred and fifty euros). PLASTICIET will then also be entitled to suspend provision of its services to the Buyer, providing it gives written warning to this effect.
If PLASTICIET confirms a production order for customized goods specifically for the buyer, the buyer is obligated to pay the amount in full and the buyer cannot cancel the order.
4 DESCRIPTION
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
5 SAMPLE
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
Any samples of the Goods as to the product itself and regarding the color there may be minimal deviations, because it is custom- and hand-made, natural products are used in the process and the raw material is from recycled origin. These deviations give the Buyer in no circumstances a reason to refuse, return or cancel the order.
6 DELIVERY
Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by PLASTICIET. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
The date of delivery specified by PLASTICIET is an estimate only. Time for delivery shall not be of the essence of the contract.
If PLASTICIET is unable to deliver the Goods for reasons beyond its control, then PLASTICIET shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify PLASTICIET of the damage within 24 hours of delivery. PLASTICIET is willing to negotiate over a possible solution. An allowance in the form of a 30% discount is possible.
7 RISK
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from PLASTICIET’s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
8 TITLE
Title in the Goods shall not pass to the Buyer until the PLASTICIET has been paid in full for the Goods.
9 WARRANTY
Where the Goods have been manufactured by PLASTICIET and are found to be defective, PLASTICIET shall repair, or in its sole discretion, replace defective Goods free of charge within 15 days from the date of delivery, subject to the following conditions:
• The Buyer notifying PLASTICIET in writing immediately (ultimately in 8 days) upon the defect becoming apparent;
• The defect being due to the faulty design, materials or workmanship of PLASTICIET.
Any Goods to be repaired or replaced shall be returned to PLASTICIET at the Buyer’s expense, if so requested by PLASTICIET.
Where the Goods have been manufactured and supplied to PLASTICIET by a third party, any warranty granted to PLASTICIET in respect of the Goods shall be passed on to the Buyer. PLASTICIET shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
10 LIABILITY
No liability of any nature shall be incurred or accepted by PLASTICIET in respect of any representation made by PLASTICIET, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
• The correspondence of the Goods with any description;
• The quality of the Goods; or
• The fitness of the Goods for any purpose whatsoever.
No liability of any nature shall be accepted by PLASTICIET to the Buyer in respect of any express term of this contract where such term relates in any way to:
• The correspondence of the Goods with any description;
• The quality of the Goods; or
• The fitness of the Goods for any purpose whatsoever.
All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to PLASTICIET or not) are hereby excluded from the contract.
Any liability of PLASTICIET will be limited to direct loss and to a maximum of the price stipulated for such agreement excluding VAT. If the agreement provides for continuing performance with a duration of more than one (1) year, liability will be limited to the total price agreed for one (1) year excluding VAT. The maximum extent to which PLASTICIET will be liable will in any situation be limited to € 10.000,- (in words: ten thousand euros).
Liability in respect of indirect and all other forms of loss or damage other than as referred to in subclause 9.4 is excluded.
PLASTICIET will not be held liable for an attributable failure in the performance of the agreement until it is given proper notice of default by registered letter (within 7 days after receiving the Goods) that contains notice of default and grants a reasonable period of time for PLASTICIET to fulfil its obligations under the agreement and PLASTICIET fails to fulfil its obligations within such period.
A right to compensation will arise only if PLASTICIET is given proper, specific and detailed notification in writing of the damage or loss suffered as soon as possible after it becomes known and in any event within six (6) weeks of its being established.
PLASTICIET cannot be held liable for damages of any kind that are the direct or indirect result of providing incorrect and / or incomplete information
PLASTICIET is never liable for results not achieved. PLASTICIET is only liable for shortcomings in the execution of the assignment that are the result of gross negligence and incompetence in providing advice and/or executing the assignment.
PLASTICIET is not liable for damage caused by actions or omissions of the Buyer and/or by persons appointed by the client or for whom the client is otherwise responsible. PLASTICIET is not liable for damage resulting from delays in the execution of the agreed work, cancellation or termination by PLASTICIET.
11 LIMITATION OF LIABILITY
Where any court or arbitrator determines that any part of Clause 9 above is, for whatever reason, unenforceable, PLASTICIET shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
12 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of PLASTICIET, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in PLASTICIET by the execution of appropriate instruments or the making of agreements with third parties.
Intellectual property rights, including copyright, on work provided by PLASTICIET, including – but not exclusively– the software, applications, samples, objects, sheets, sculptures or other results of design provided by PLASTICIET or her supplier(s), are held by PLASTICIET, or her supplier(s) respectively. These rights are not transferable, unless otherwise agreed upon in writing.
PLASTICIET is entitled at all times to add or remove mention of its name (or have mention of its name added/removed) and the Buyer does not have permission to make the result of the work public without mentioning the name of PLASTICIET without prior written permission, unless the result of the agreement is not suitable for this.
When the Buyer has fulfilled all his obligations under the agreement with PLASTICIET, the Buyer obtains an exclusive license to use the result of the agreement as far as the use is in accordance with the purpose that was agreed upon. When there are no agreements about the purpose, then the license to the use of the result of the agreement will be limited to the established intentions, which existed at the time the agreement was entered. These intentions must have been made known to PLASTICIET before the agreement was entered.
The Buyer is not entitled to use the result of the agreement in ways beyond the limitations of the agreement or in ways other than those in the agreement without prior written permission from PLASTICIET. In situations where there is use beyond the limitations set forward in the agreement, or in ways other than those described in the agreement, including, but not limited to, amendments, garbling or affecting the preliminary or final results of the Assignment, PLASTICIET is entitled to a compensation for infringement on its rights
PLASTICIET remains entitled, even after a transfer of rights, to use the result of the agreement for its own publicity or promotional purposes, respecting the rights of third parties.
It is prohibited to the Buyer to use the material or rest of material for any other way than is agreed to in the agreement.
13 FORCE MAJEURE
PLASTICIET shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, natural disasters, strikes, pandemic, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural or recycles source of supply, and the PLASTICIET shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the PLASTICIET considers unreasonable, it may, without liability on its part, terminate the contract.
14 DURATION AND TERMINATION
The Buyer is not permitted to terminate the agreement during the initial term, unless parties agree termination arrangements in writing or the agreement includes such arrangements, in which cases early termination will be possible. Notwithstanding the above, early termination by PLASTICIET is possible.
If and insofar as termination is possible under the above arrangements writing in the agreements, such notice will be given by registered letter addressed to the other party and specifying the termination date
Each of the parties is entitled immediately to dissolve the agreement by registered letter requesting confirmation of receipt, without any demand or notice of default being required, if the other party files for or is granted suspension of payment or petitions for insolvency or bankruptcy or is declared insolvent or bankrupt, if the other business is liquidated, discontinued or terminated other than for the purposes of a merger, if a substantial part of the other party's assets or the infrastructure used for performance of the agreement is attached or if the other party can no longer be considered capable of fulfilling the obligations under the agreement
15 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
16 ASSIGNMENT, EXECUTION OF ASSIGNMENT AND SUB-CONTRACTING
A quotation from the PLASTICIET is always non-binding, unless expressly stated otherwise.
A quotation is valid for a period of not more than 14 days, unless the listing specifically states otherwise. PLASTICIET it is not bound, if at the end of the above mentioned period of the quotation, the customer still accepts.
Quotations are based on the information provided to PLASTICIET by the Buyer up to the quotation date. The Buyer guarantees that all information essential or relevant to the design and execution of the assignment has been provided to PLASTICIET. PLASTICIET is not responsible or liable for the correctness and completeness of information provided by the Buyer and the use thereof.
If, during the acceptance and execution of the assignment, facts or circumstances arise that (could) negatively affect the progress of the assignment or its result, the party affected by this will immediately inform the other party of this.
PLASTICIET has the right to suspend the execution of the order and to charge the resulting (additional) costs to the Buyer at PLASTICIET usual rates if the information required for the execution of the order from the Buyer is not available to PLASTICIET, is not available on time or is not available in accordance with the agreements, or if the Buyer otherwise fails to meet its obligations.
PLASTICIET is authorized to terminate its activities and/or to end the agreement if circumstances arise that are fundamental that effectuation of the agreement is impossible or if the circumstances are of such a fundament that PLASTICIET cannot reasonably be expected to maintain the agreement unchanged.
Although PLASTICIET will always consider a request from the client to agree to a change or addition to the assignment with favor, it is in no way obliged to such a change, addition or agreement. Change, addition or agreement is only valid if confirmed in writing by PLASTICIET.
The Buyer acknowledges and accepts that adjustments to the assignment (for example changes in scope, working method or approach) or circumstances on the part of Buyer may affect the agreed planning.
Failure to immediately execute a modified order or failure to meet the schedule due to circumstances does not constitute a breach of contract by PLASTICIET and is not a reason for the Buyer to cancel, terminate or dissolve the agreement.
PLASTICIET will make every effort to execute the assignment within the agreed planning. This planning and the (partial) deadlines included therein can however never be considered as fatal deadlines.
Cancellation or interim termination of the assignment by the Buyer is possible, but this does not affect the fact that the Buyer owes the entire agreed price, unless the parties make other agreements about this. These agreements must be agreed in writing.
The contract between the Buyer and PLASTICIET for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
17 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
18 SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of The Netherlands and the parties hereby submit to the exclusive jurisdiction of the Duch courts.
20 PRIVACY STATEMENT
PLASTICIET is committed to protecting the privacy of the Buyer. Authorized employees within the company on a need to know basis only use any information collected from individual customers. PLASTICIET constantly reviews his systems and data to ensure the best possible service to our Buyers. Parliament has created specific offences for unauthorised actions against computer systems and data. PLASTICIET will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.