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Plasticbottles.co.uk is a trade name of Plasticflessen.nl.
1.1 "Plasticflessen.nl" is established in Baarn and registered with the Chamber of Commerce in Amersfoort under number 32108423. Plasticflessen.nl is to be referred to as "PF" in the text below.
1.2 These terms and conditions apply to any and all offers, deliveries and/or services on the part of PF and/or all agreements entered into with PF. Deviating terms and conditions will only apply if these have been explicitly agreed upon with PF in writing in and in advance. The client has taken cognisance of these terms and conditions of PF prior to the finalisation of an order and has accepted these.
2. PF does not accept the general terms and conditions of any other party/client, unless explicitly otherwise agreed upon in writing. Should the other party refer to its own terms and conditions and declare these terms and conditions to be applicable, then the parties, by accepting the terms and conditions of PF, will agree that PF is not bound by the terms and conditions of the other party.
3.1 All of the prices, brochures and other information regarding offers have been compiled with the utmost care. Should it become evident that the information provided contains errors, then PF has the right to correct these errors without being liable for damages in that respect. The use of the information referred to above on the part of the client, other than within the scope of the agreement concerned, is only allowed after obtaining the permission of PF in writing.
3.2 PF is to assume that the information and specifications as supplied to PF by the client/other party is/are correct. PF is not under any obligation to further investigate this information.
4.1 The agreement with PF will not be valid until PF has confirmed the order in writing. PF is authorised to assess the (adequate) creditworthiness further to the payment of the order that has been placed. The agreement will in that case become valid subject to the suspensive condition of a positive assessment.
Orders:
5.1 The minimum order size is 25 items per complete packaging. One (1) free sample can be requested for each specific packaging.
5.2 If a client requests that more samples be sent, then PF may request that the client bear part of the costs of handling and forwarding.
5.3 The goods are to be supplied to the delivery address in the Netherlands or Belgium as specified. If the client wishes to collect the ordered goods in person, than PF is to be informed of such in writing at the time the order is placed.
5.4 The shipment will essentially take place per (UPS) post, unless a shipping agent or some other form of forwarding (ship, plane, etc) is required due to the magnitude of the order (per pallet) or the distance to the delivery address. PF will co-ordinate the delivery with the client in these cases.
5.5 Shipments will essentially take place within approx. 7 working days following the written confirmation from PF and payment on the part of the client. The term of delivery may however be longer depending on the type of order and the product (for technical reasons, for example, or if specific products are not in stock). PF will indicate the status of the order upon request. The delivery times specified are never considered deadlines.
5.6 The costs of shipment and/or transport are to be covered by the client.
5.7 Deviations in the numbers delivered are allowed up to a maximum of 3%. The client is under the obligation to purchase the access or to be satisfied with less.
6.1 The client is obligated to inspect the goods supplied for defects, shortcomings or damage immediately upon delivery. Any complaints are to be reported to PF in writing within two (2) weeks after the delivery. Complaints that are not timely reported will not be taken into consideration. We preferably would like to receive one or a number of examples of flawed packages.
6.2 If the complaint is legitimate, then PF will take back the items concerned in their original packaging and will ensure a speedy re-delivery or will credit the delivery.
Cooling-off period/Cancellation:
7.1 Orders can be cancelled up until the time of forwarding and/or transport.
7.2 The client has the right to return the items supplied and to terminate the agreement without stating the reasons for a period of 7 days after the order has been placed. The client is to cover the costs of forwarding/transport and the costs of the return shipment in these cases. Upon receiving a return shipment, PF will reimburse the amounts paid (minus the costs of forwarding/transport referred to above).
7.3 Supplementary to that stated in article 7.2, PF is willing to exchange (empty) goods already supplied, such in consultation and solely at the discretion and approval of PF, starting from the 8th day up to the 30th day after the delivery has been received, for other goods and/or to credit these goods if the client no longer has any use for them. The costs of forwarding and/or shipping will then be charged to the client. The goods are to be returned in good condition and in the original packaging.
Payment:
8.1 Orders are to be paid in advance. On account, at the discretion and approval of PF. If the items are collected, then in advance or in cash. Orders will not be forwarded until the payment has been made.
9. All of the prices indicated are in Euro’s excluding VAT and excluding all other government levies. PF is authorised to pass on any price increases to the client if these occur 3 months after the confirmation of the order that has been placed. Price increases may be the result of, for example: price increase of raw materials, costs of production, costs of transport, levies, and the like.
Packaging:
10.1 The packaging of PF goods are mainly made of Polyethylene, Polyethylene terephthalate and/or Polypropylene. However, not all of the packaging is made of these materials.
10.2 PF does not accept any responsibility for the filling materials used by the client. After all, PF is not familiar with the composition of the products/filling materials that the client uses and cannot assess the tolerance of these products in relation to the packaging supplied by PF. Upon request, PF can make samples available to the client for the purpose of testing, with due observance of that stated in article 5 of these terms and conditions.
Liability:
11.1 In the event of a delayed, incorrect or faulty delivery or in the event of defects in and/or on the goods supplied and/or the packaging, PF is not in any way liable for any resulting damages, except in the case of an intentional act or deliberate recklessness on the part of PF. The limitation of the liability of PF provided for here also applies to the employees of PF and/or assistants and/or manufacturers called upon by PR.
11.2. In the event that PF is found to be liable and the exclusion of liability as described above is found not to be valid, then the contractual and/or out-of-contract liability of PF will be limited to (in separate and from top to bottom):
• - the amount that can be recovered from third parties, assistants and/or manufacturers that have been called in; • - the amount that is paid out further to the liability insurance of PF; • - a maximum in the amount of that which PF has charged to the client for the goods in question;
11.3 A claim on the part of the client or a third party on the grounds of which PF could be held liable for the goods supplied by this party, which also covers the product liability of PF, will in any event expire after three (3) years have passed, starting from the day after the day upon which the aggrieved party became aware, or should have become aware, of the damages, the defect and the identity of the manufacturer.
12. The client is obligated to include an adequate product description and/or instructions for use with the goods purchased from PF and the goods that the client supplies to third parties and filled goods, which also includes consumers. The lack of an adequate product description and/or instructions for use will in any event mean grounds for rejecting any liability on the part of PF if the goods are supplied to a third party. The same applies (rejection of any liability) if the goods supplied are exposed to abnormal circumstances, overloading or any other causes that cannot be controlled by PF, or if the damages are the result of improper use or an improper application.
Indemnification:
13. The client indemnifies PF against any and all claims on the part of third parties regarding goods and/or packaging supplied by PF, as a result of which said third parties may suffer damages,
irrespective of the cause of the damages or the time at which these come about.
Retention of title:
14. PF reserves the right of ownership of all of the goods that it supplies to the client and/or that are supplied on its behalf until the purchase price of the goods concerned, increased by the forwarding and/or shipping costs, have been paid in full.
15. In the event that one or more provisions in these terms and conditions proves to be null and void, is annulled or proves to be invalid in some other way, either completely or partially, then the validity of the other provisions in these terms and conditions will remain intact.
16. All of the agreements that are concluded under these terms and conditions are subject to Dutch law alone. The original Dutch text of these terms and conditions is binding and will prevail above any translations.
17. Disputes are to be heard by the competent court in Utrecht (due to the place of business of PF). In the case of a delivery to a consumer, the consumer may opt to have the dispute submitted to the competent court in his/her place of domicile.