Art. 1: GENERAL
These general conditions apply to all contracts between Quatra and the provider with reference to the regulations applicable to the collection, transportation and processing or conversion of organic waste materials from the food industry.
If the provider has its own general terms and conditions, these shall be waived in their entirety and these terms and conditions shall take their place, unless explicitly agreed otherwise in writing.
Art. 2: REQUIREMENTS FOR USED COOKING OIL (UCO)
The UCO are collected for conversion into a secondary raw material for a useful application.
Therefore the UCO must be provided in accordance with the applicable regulations and Quatra specifications:
- uncontaminated used frying fat and oil of food grade;
- free of all substances that are not derived from food preparation;
- free of foreign inert materials such as metals, plastics, paper etc. with the exception of packaging materials permitted by Quatra;
- free of water.
Art. 3: REQUIREMENTS OF THE PROVIDER
The provider must supply UCO of a quality that conforms to the agreement between Quatra and the provider.
Before the provider can offer Quatra the UCO, the provider must guarantee and demonstrate if required that:
- The UCO presented conforms to the agreement between Quatra and the provider, and it is guaranteed that the UCO presented has not been contaminated with any other material foreign to food preparation.
- If required by Quatra, the provider must confirm this in writing to Quatra in the manner used by Quatra.
The provider takes the necessary measures to (be able to) separate off the UCO adequately so that there is no risk of contamination or no such risk can arise.
The provider stores the UCO in the receptacles provided by Quatra for that purpose and ensures that these are not (also) used for other purposes. The receptacles are made of polyethylene and heat resistant up to max. 70°C. These receptacles are protected from rainfall and always sealed after use. The provider ensures that unauthorised personnel do not have access to these receptacles.
If the provider realises that the UCO have been contaminated with another waste material, Quatra must be informed without delay.
Art. 4: QUATRAS OBLIGATIONS
If the UCO presented meets the agreed specifications, Quatra is committed to:
- accepting the UCO, presented by providers accepted by Quatra;
- recycling the UCO to create a reusable raw material according to the laws in force;
- providing all legally required documentation;
- making a payment to the provider in accordance with market prices.
Art. 4: QUATRAS POWERS OF INSPECTION
Quatra has the right to inspect the UCO in all phases of the production process at the providers site, as well as before and during transfer to Quatra. The provider shall take all measures to ensure that such an inspection carried out by Quatra proceeds properly and adequately.
If Quatra finds in an inspection that the UCO offered to Quatra does not correspond to the agreement between the provider and Quatra, Quatra will inform the provider of this immediately and Quatra is entitled to refuse the UCO or consider it in its entirety as waste materials for destruction.
Art. 5: CONTAMINATION WITH WASTE MATERIAL
If Quatra discovers after acceptance that the UCO is contaminated with other materials that do not meet the agreed specifications, Quatra will consider the provider at fault and propose a solution.
If Quatra and the provider do not reach an agreement, Quatra is authorised to have the contaminated UCO presented by the provider removed for destruction, in its entirety and without the providers explicit permission, and to recoup the costs of doing so from the provider.
If flagrant deviations in the composition of the UCO accepted are found, Quatra will inform the appropriate government bodies.
Art. 6: SHORTCOMINGS
If one of the parties fails to meet one of its agreed obligations or to do so on time or sufficiently and this can be attributed to that party, the other party has the right to terminate the contract in whole or in part, without any more detailed notice or legal intervention, by means of a registered letter, or to suspend the execution of the contract wholly or in part without being obliged to provide any compensation, notwithstanding all its other rights.
All damage and costs connected to a shortcoming on the part of the provider will be recouped from the provider.
Art. 7: LIABILITY TOWARDS QUATRA
The provider is liable for any damage, however it arises, resulting from the provision of material that deviates from what has been agreed.
The provider shall safeguard Quatra in full against third-party damage claims insofar as they are linked to the provision by the provider of material that does not conform to what was agreed between Quatra and the provider.
Art. 8: LIABILITY TOWARDS UCO PROVIDERS
If, in executing the agreement, an unexpected event occurs that leads to liability on the part of Quatra, this liability shall be limited to the amount or amounts that the insurer of the liability insurance policy signed by Quatra allows, including the risk that Quatra bears in connection with that insurance policy.
Quatra Service liability is limited to the damage resulting from deliberate fault or conscious recklessness by Quatra or any person for whom Quatra is liable by law.
Art. 9: APPLICABLE LEGISLATION
These general terms and conditions do not detract from the applicability of the relevant legislation - including any amendments to the applicable legislation - as this applies to Quatra and the provider and to the UCO provided, notwithstanding, insofar as the applicable legislation affects the contents or effect of clauses between Quatra and the provider.
Should any clause of these general terms and conditions not apply or violate public order or the law, only the clause in question shall be considered unwritten but the remaining clauses will remain fully in effect.
Art. 10: APPLICABLE LAW
The contract, including these conditions, between Quatra and the provider, are exclusively subject to Belgian law. Any disputes that may arise in connection with this contract, including disputes as to its existence and validity, shall be mediated exclusively by the authorised Belgian court.
Art. 11: AMENDMENT
Quatra retains the right at all times to change the contents of these terms and conditions. Amended general terms and conditions will not come into effect before these amendments have been made known to the UCO provider.
Available for inspection at Quatra offices at Hoekstraat 165, 9160 Lokeren and at www.quatra.com