General Terms and Conditions – Sustainable Commodities

Effective Date: January 1, 2024

 

1. Definitions

 

1.1 In these terms and conditions, the following definitions apply:

Sustainable Commodities: The sole proprietorship located at Lemsterpad 54-A1, 8531AA Lemmer, the Netherlands.

Client: Any individual or legal entity using the services of Sustainable Commodities.

Services: The brokerage and mediation of waste-based feedstocks and finished products, including but not limited to biodiesel and pyrolysis oils.

 

2. Applicability

 

2.1 These General Terms and Conditions (“GTCs”) apply to all offers, assignments, agreements, emails, acts, transactions, and other forms of service provided by Sustainable Commodities, unless explicitly agreed otherwise in writing.

 

2.2 By engaging with Sustainable Commodities, the Client automatically agrees to these GTCs.

 

2.3 These GTCs automatically apply to all emails sent by Sustainable Commodities. A link to the website with GTCs is always included in the email. If the hyperlink is missing due to a technical issue or error, Sustainable Commodities cannot be held liable.

 

2.4 It is the Client’s responsibility to perform their own due diligence. Sustainable Commodities is not liable for any negligence or damages resulting from the Client’s failure to conduct due diligence.

 

2.5 The Client acknowledges that these GTCs apply to all services, emails, actions, transactions, and agreements without exception.

 

3. Services

 

3.1 Sustainable Commodities exclusively facilitates the brokerage and mediation of waste-based feedstocks and finished products, including biodiesel and pyrolysis oils.

 

3.2 Sustainable Commodities acts solely as an intermediary and is not responsible for the execution, quality, or delivery of goods or services by the parties connected through its brokerage.

 

3.3 All agreements and arrangements between buyers and sellers are the sole responsibility of the parties involved. Sustainable Commodities shall not be held liable for any disputes arising from such agreements.

 

3.4 Any market information shared by Sustainable Commodities, including but not limited to price expectations, trends, and rumors (“market noise”), is provided to the best of its ability. However, this information is not guaranteed, does not constitute advice, and should not be the sole basis for decisions. Sustainable Commodities accepts no liability for actions or decisions made based on this information.

 

4. Liability

 

4.1 Sustainable Commodities shall not be held liable for any damages of any kind, including but not limited to direct, indirect, consequential damages, loss of profits, or damages caused by third parties.

 

4.2 The use of Sustainable Commodities’ services is entirely at the Client’s own risk.

 

4.3 The Client indemnifies Sustainable Commodities against all claims from third parties arising from services provided, shared information, or any other actions of Sustainable Commodities.

 

4.4 Sustainable Commodities is not liable for inaccuracies, misinterpretations, or consequences of shared market information, trends, or rumors.

 

4.5 If, despite the above, Sustainable Commodities is found liable for any reason, its liability is strictly limited to the commission fee charged for the specific transaction.

 

5. Confidentiality

 

5.1 Sustainable Commodities will handle all confidential information provided by the Client with care and will only disclose such information if required for the execution of its services or as mandated by law.

 

6. Payment

 

6.1 Invoices must be paid within 14 days of the invoice date, unless otherwise agreed upon in writing.

 

6.2 In case of late payment, Sustainable Commodities reserves the right to charge statutory interest and collection costs.

 

7. Governing Law and Jurisdiction

 

7.1 These GTCs are governed exclusively by Dutch law.

 

7.2 All disputes shall be exclusively submitted to the competent court in Leeuwarden, the Netherlands (Rechtbank Noord-Nederland, location Leeuwarden).

 

8. Force Majeure

 

8.1 Sustainable Commodities is not responsible for delays or failures caused by force majeure, including but not limited to natural disasters, technical failures, or other circumstances beyond its reasonable control.

 

9. Changes

 

9.1 Sustainable Commodities reserves the right to amend these GTCs at any time.

 

9.2 The most recent version of the GTCs will always be available on the website or provided upon request.

 

10. Effective Date

 

These General Terms and Conditions take effect on January 1, 2024.