Purchase Terms and Conditions
1.2. The General Conditions of Order shall apply to all Contracts for the purchase of the goods/materials by the Buyer from the Seller to the exclusion of all other terms and conditions including any terms or conditions which the Seller may purport to apply under any sales offer or similar document or in correspondence.
1.3. All representations, statements or warranties made or given by the Seller, its servants and agents (whether orally in writing or in any of the Seller’s brochures, catalogues and advertisements) regarding the quality and fitness for purpose of the goods/material or any of them shall be deemed to be express conditions of the Contract.
1.4. Any variation of the General Conditions of Order (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Buyer.
2.2. In the event of a claim being made whether by none acceptance or by downgrade we will inform you as soon as is reasonably practical of such, and also give you the options available to help all parties make a quick decision to solve the claim.
2.3. The Price shall be payable by the Buyer to the Seller within 30 days of the end of the month of the date of the invoice sent to the Buyer or otherwise as agreed.
3.2. If the Seller fails to deliver all of the Items in accordance with the Contract on the Delivery Date then without prejudice to the Buyer’s rights for the breach of Contract:
3.2.1. The Buyer may terminate the remainder of the Contract. In this event without prejudice to the Buyer’s other remedies. The buyer may buy material/goods elsewhere to satisfy its own obligations under any sales agreement. The seller will then be responsible for the extra costs involved in the purchase of the goods/material and any extra transport costs incurred.
3.2.2. Where delivery of a quantity of the Items which correspond to the Contract has been tendered and the Buyer has not exercised its rights of termination under clause
3.2.3 The Buyer may accept the materials/goods which correspond to the Contract and recover for the Seller’s breach in respect of the failure to deliver the remainder of the Items.
3.2.4. The Buyer may require the Seller promptly to deliver sufficient goods which correspond to the Contract to comply with the Quantity Required/Ordered. The Buyer may exercise these rights by written/e-mail notice to the Seller.
3.3. The Seller upon receiving notice from the Buyer of any claim against the goods because of poor quality or inclusion of contraries shall either accept such claim and revised price or arrange for the goods to be collected or returned by the buyer at the sellers total cost. The Buyer reserves the right to hold such goods at the Seller’s risk or to return them at the risk and expense of the Seller. All excess transport, shipping and demurrage costs will be the responsibility of the seller. Alternatively the buyer may with the seller’s permission sell the goods/materials to another buyer with the seller paying the excess transport/shipping costs incurred and accepting a revised price for the goods/materials. The buyer has the right to deduct any amount outstanding to the buyer for transportation, freight, handling, fines and any other associated costs by means of contra deduction from any monies owed to the seller by the buyer.
3.4. The Seller shall:
3.4.1. deliver the full quantity of goods/materials to the satisfaction of an authorised representative of the Buyer before any payment shall be made by the Buyer to the Seller unless agreed otherwise in advance;
3.4.2. accompany any delivery with a waste transfer note/annex 7 note duly filled out and containing all information to comply with UK or EU legislation for the shipment of controlled waste;
3.4.3. pay all delivery charges for the delivery of the Items including the cost of insurance if the goods are bought delivered/ddu;
3.4.4. Ensure that the Items are properly packed and secured for delivery to the Buyer in an undamaged and fully wired condition. It is also the responsibility of the supplier to ensure that all goods/materials are safely loaded onto the vehicle/trailer/container;
3.4.5. Deliver the Items to the Delivery address on the agreed date or load onto the buyers supplied vehicle on the agreed date. Failure to have the goods ready if ex works will/may incur extra transport/demurrage costs unless the buyer is notified more than 24 hours in advance;
3.4.6. provide the Buyer with an invoice detailing the VAT payable if applicable;
3.4.7. Send the Buyer the invoice upon delivery/collection of the goods/materials.
5.2. The Buyer may, by notice to the Seller prior to acceptance, reject any Items which are not in accordance with the Contract.
5.3. Unless within a reasonable time of receipt of notice of rejection the Seller collects such goods/materials the Buyer may dispose of them as the Buyer shall think fit (provided that if the Buyer sells such Items the Buyer shall account to the Seller for the net proceeds of such sale after all associated costs have been taken into account including excess transport or freight charges).
6.2. The Seller warrants that all the goods/materials are of satisfactory quality and fit for purpose.
6.3. The Seller warrants the Items comply with all laws, orders, rules, ordnances, codes and regulations of any governmental body which may be applicable.
6.4. If the Seller does not comply with any such law, order, rule, ordnance, code or regulation that results in the Buyer being held liable, the Seller shall pay or reimburse to the Buyer any fines, damages and other costs arising. The buyer only buys/trades/supplies green list waste and it is the responsibility of the seller to ensure that only green list waste is shipped otherwise the buyer will hold the supplier liable in law. It is also the responsibility of the supplier to ensure that vehicles are not overloaded and that sufficient straps are available to secure the goods/materials.
6.5. The Seller shall indemnify the Buyer against all claims by the customers of the Buyer and their sub-buyers arising out of any breach whatever by the Seller of the Contract.
7.1.1. the Seller shall cease to be bound to deliver and the Buyer shall cease to be bound to receive delivery of any further Items;
7.1.2. the Buyer shall cease to be bound to pay that part of the Price which relates to goods/materials which have not been delivered; and
7.1.3. The Buyer shall not be liable for any loss or damage whatever arising from such cancellation.
15.2 The notifier being Recycling UK Limited will take the waste back if the shipment or the recovery or the disposal has not been completed as intended or if it has been effected as an illegal shipment, in accordance with article 22 and article 24(2); The supplier to Recycling UK will be held responsible for all costs associated with dealing with such a shipment, and returning the shipment to a place to legally deal with the offending material, or its return to the supplying location in the UK (including Scotland, Northern Ireland and Wales) or Ireland. Such cost will be recovered by the means of direct invoice to the supplier, and/or deduction from monies owed to the supplier for other shipments received by Recycling UK Limited.
15.3 Or for the consignee to recover or dispose of the waste if it has been effected as an illegal shipment, in accordance with article 24(3) with all costs associated with such after having been passed by the consignee to be dealt with by Recycling UK Limited and the supplying location as at 12.2 above.
15.4 The recovery facility will be obliged to provide, in accordance with article 16(e), a certificate that the waste has been recovered or disposed of, in accordance with the notification and the conditions specified therein and the requirements of such regulation.
Updated 23rd February 2011
Recycling UK Limited. 11 Alvaston Business Park. Nantwich. Cheshire. UK CW5 6PF. Registered in England and Wales. Reg no 3562710. Tel 01270611444. Fax 01270611484. e-mail firstname.lastname@example.org Directors Neil Clarke (Managing) Anthony Marsden (Commercial) Stephen Bell (New Projects) Licensed as a broker of controlled waste by the UK Environment Agency. Reg No NSO/544843/B Registered in Ireland with TFS Dublin as an authorised Broker/Dealer. Reg No IRE/G069/08 Licensed by the Northern Ireland Environment Agency as a Waste Broker. Reg No ROC 3127 Registered With NIWO in the Netherlands. Reg Number BU505061XXXB