These Terms and Conditions govern the sale and supply of recycled plastic materials by IBAZUR IBERICA SL. Please read them carefully before placing an order.
These Terms and Conditions ("Terms") govern all sales and supply of recycled plastic materials ("Goods") by IBAZUR IBERICA SL (VAT: B17638891), a company registered in Spain with its registered office at Calle Espigol, 6, 17740 Vilafant, Girona, Spain ("Seller"). By placing an order with the Seller, the Buyer acknowledges that they have read, understood, and agree to be bound by these Terms. These Terms apply to the exclusion of any other terms that the Buyer may attempt to impose or incorporate, unless expressly agreed in writing by a director of the Seller.
"Seller" refers to IBAZUR IBERICA SL, its employees, agents, and authorized representatives. "Buyer" refers to the individual, company, or legal entity purchasing Goods from the Seller. "Goods" refers to all recycled plastic materials, including but not limited to HDPE, LDPE, PET, PP, PC, ABS, HIPS, PS, PA, POM, PPS, PVC, EPS, BOPP, PMMA, PU, and PC/ABS blends, supplied in forms such as regrind, regranulate, bales, flakes, film rolls, lumps, preforms, strapping, scrap, and granules. "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods. "Quotation" means the written sales quotation provided by the Seller to the Buyer.
All orders placed by the Buyer are subject to written acceptance by the Seller. No order shall be deemed accepted until the Seller issues a written order confirmation or sales quotation. The Seller reserves the right to decline any order at its sole discretion. Specifications, quantities, and prices are confirmed in the sales quotation and may not be varied except by mutual written agreement. The Buyer must verify all details in the order confirmation and notify the Seller of any discrepancies within two business days of receipt.
All prices quoted by the Seller are EXW (Ex Works) Vilafant, Girona, Spain unless otherwise agreed in writing. Prices are quoted in Euros (EUR) and exclude VAT, customs duties, shipping, insurance, and any other applicable taxes or fees. Payment terms are typically 30 days from the invoice date for approved credit accounts. The Seller reserves the right to require advance payment, partial prepayment, or other security from the Buyer at its sole discretion. Late payments may incur interest at the rate of 1.5% per month (or the highest rate permitted by law) on the outstanding balance, plus all reasonable collection costs. The Seller reserves the right to suspend further deliveries or cancel any outstanding orders in the event of late payment.
The Seller supplies recycled plastics including HDPE, LDPE, PET, PP, PC, ABS, and engineering-grade polymers. Specifications for each batch are provided in the Certificate of Analysis accompanying the shipment. The Buyer acknowledges that recycled plastic materials are derived from post-industrial and post-consumer waste streams, and that inherent variability in color, melt flow index, moisture content, and physical properties may occur within industry-accepted tolerances. The Seller shall use reasonable commercial efforts to meet the specifications stated in the Quotation, but small variations consistent with industry practice shall not constitute a defect or non-conformity.
Pre-shipment samples may be provided upon the Buyer's written request, subject to availability and at the Seller's discretion. The Buyer is solely responsible for verifying that samples meet their requirements, specifications, and intended application before placing bulk orders. Any sample approval or testing results provided by the Buyer shall be binding and conclusive with respect to the quality and characteristics of the bulk order. The Seller shall not be liable for any issues arising from the Buyer's failure to adequately test or evaluate samples.
Goods are shipped from the Seller's facility in Vilafant, Girona, Spain. The applicable Incoterms are specified in the Quotation. Risk of loss or damage to the Goods passes to the Buyer upon delivery to the carrier or, in the case of Ex Works, when the Goods are made available for collection at the Seller's premises. The Seller shall use reasonable endeavors to meet estimated delivery dates, but time of delivery shall not be of the essence. The Seller shall not be liable for any delay in delivery however caused. Delivery dates provided are estimates only and the Seller accepts no liability for any consequences of delay.
The Buyer must inspect the Goods immediately upon receipt. Any claim for defects, shortages, damage in transit, or non-conformity must be submitted in writing to the Seller within 7 calendar days of delivery. Failure to notify the Seller within this period shall constitute irrevocable acceptance of the Goods and a waiver of all claims. Claims must include detailed photographs, a description of the alleged defect, and the batch/lot number. The Seller reserves the right to inspect the Goods at the Buyer's premises or request the return of representative samples before processing any claim.
Returns are accepted only for non-conforming Goods as verified by the Seller's quality team. The Buyer must obtain a Return Merchandise Authorization (RMA) number from the Seller before returning any Goods. Returned Goods must be in their original packaging and in a condition that allows resale. Refunds are processed after the Seller's inspection and written approval. The refund amount shall be limited to the invoice value of the non-conforming Goods, less any applicable restocking fees, shipping costs, and handling charges. No returns shall be accepted after 14 days from the delivery date.
To the maximum extent permitted by applicable law, the Seller's total liability arising out of or in connection with these Terms, the Goods, or any Contract shall be limited to the invoice value of the defective Goods giving rise to the claim. In no event shall the Seller be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, including but not limited to lost profits, lost revenue, lost business opportunities, production downtime, or cost of substitute materials, even if the Seller has been advised of the possibility of such damages. The Buyer acknowledges that recycled materials are inherently variable and that the Seller makes no warranties beyond those expressly stated in these Terms.
The Seller shall not be liable for any delay in performance or failure to deliver the Goods caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, strikes, labor disputes, fire, flood, earthquake, storm, power outages, equipment failures, supply chain disruptions, raw material shortages, government actions, import or export restrictions, customs delays, or any other event that prevents or impedes the production, processing, or delivery of Goods. The Seller shall notify the Buyer promptly upon the occurrence of a force majeure event and shall use reasonable efforts to resume performance as soon as practicable.
All content, text, graphics, logos, images, videos, product descriptions, specifications, data sheets, Certificates of Analysis, and other materials published on the Seller's website, in sales documentation, or in any other communication are the exclusive intellectual property of IBAZUR IBERICA SL unless otherwise stated. The Buyer may not reproduce, distribute, modify, transmit, or commercially exploit any such content without the Seller's prior written consent. All trademarks, trade names, and service marks appearing on the Seller's website or materials are the property of their respective owners.
These Terms and all Contracts between the Seller and the Buyer shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Any dispute, controversy, or claim arising out of or relating to these Terms, the Goods, or any Contract shall be submitted to the exclusive jurisdiction of the courts of Girona, Spain. The Buyer irrevocably submits to the personal jurisdiction of such courts and waives any objection based on improper venue or inconvenient forum.
If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us:
Last updated: January 2024
