Purchase Terms and Conditions

  1. 1.1 On acceptance, the buyer and the seller shall have a contract for the supply and collection/delivery of the goods/materials by the seller to the buyer in accordance with the terms of the purchase order and on the terms and subject to the conditions set out in the general conditions of order. The contract may be verbal or written and will be confirmed by means of a purchase order being faxed or digitally sent to the seller confirming the transaction but mentioning the grade, weight, price and collection or delivery date. Such order will also mention subject to the terms and conditions.
  2. 1.2 The general conditions of order shall apply to all contracts for the purchase of 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.
  3. 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 sellers brochures, catalogues and advertisements) regarding the quality and fitness for purpose of the goods/materials or any of them shall be deemed to be express conditions of the contract.
  4. 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.
  5. 2.1 The seller or seller’s agent warrants that the price quoted on the buyers order will be the price received subject to the goods/materials being of a quality fit for use as the grade specified and subject to no claims being made by the receiving buyer/reprocessor. All goods should be as per the specified grade description or equivalent to EN 643 specifications and free of all contraries apart from the written standards acceptable as stated on the purchase order. The goods/ material if baled should be wired/secured in accordance with the accepted industry standards, and comply with all health and safety guidelines.
  6. 2.2 in the event of a claim being made whether by non-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 made a quick decision to solve the claim.
  7. 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.
  8. 3.1 The latest shipment date (LSD) is of the essence of the contract, and failure to meet the LSD could result in financial penalties from the buyer to seller to cover necessary cost increases caused by providing goods/materials to be shipped after the agreed LSD.
  9. 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 buyers rights for the breach of the contract:
  10. 3.2.1 The buyer may terminate the remainder of the contract. In this event without prejudice to the buyers other remedies. The buyer may buy materials/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.
  11. 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 the termination under clause.
  12. 3.2.3 the buyer may accept the materials/goods which correspond to the contract and recover for the sellers breach in respect of the failure to deliver the remainder items.
  13. 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. They buyer may exercise these rights by written/e-mail notice to the seller.
  14. 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 sellers 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.
  15. 3.4 the seller shall:
  16. 3.4.1 deliver the full quantity of goods/materials to the satisfaction of an authorized representative of the buyer before any payment shall be made by the buyer to the seller unless guaranteed otherwise in advance;
  17. 3.4.2 accompany any delivery with a waste transfer note/annex 7 note duty filled out and containing all information to comply with either UK or EU legislation for the shipment of controlled waste;
  18. 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;
  19. 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;
  20. 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;
  21. 3.4.6 provide the buyer with an invoice detailing the VAT payable if applicable
  22. 3.4.7 send the buyer the invoice upon delivery/collection of the goods/material
  23. 4.1 the risk in the materials/goods shall not pass to the buyer until delivery to the re-processor has taken place notwithstanding that property in the items has already been transferred to the buyer at collection if ex works or delivery if ddu. The risk shall not only pass to the buyer once the material is accepted as fit for use. As the makeup of the material/goods is such that contraries may be hidden inside the materials the risk is solely with the supplier until use of the material by the buyer’s customer.
  24. 5.1 the buyer shall not be deemed to have accepted any part of the goods/materials until a reasonable time after the buyer has (or the buyers sub-buyers have) actually inspected the goods/materials and ascertained that they are in accordance with the contract, and in line with industry standards. If materials/goods are being shipped in containers to far east destinations the inspection may take place after the payment to the supplier and in such cases if a claim or rejection occurs any costs associated with such claim will be invoiced to the supplier and must be paid within 30 days of the date of such invoice. The seller shall accept under these terms that any such monies may be contra taken from any monies owed to the seller by the buyer
  25. 5.2 The buyer may, by notice to the sellers prior to acceptance, reject any items which are not in accordance with the contract.
  26. 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)
  27. 6.1 The seller shall ensure that all the goods/materials shall be manufactured, stored, tested and packed in accordance with all UK or European standards applicable to them and with all applicable European product safety and environmental directives.
  28. 6.2 The seller warrants that all the goods/materials are of satisfactory quality and fit for purpose.
  29. 6.3 the seller warrants the items comply with all law, orders, rules, ordnances, codes and regulations of any government body which may be applicable.
  30. 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 over loaded and that sufficient straps are available to secure the goods/materials
  31. 6.5 The seller shall identify the buyer against all claims by the customer of the buyer and their subbuyers arising out of any breach whatever by the seller of the contract.
  32. 7.1 The buyer may cancel the contract at any time before all of the goods/materials are delivered by giving written/e-mail notice. On giving such written notice:
  33. 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;
  34. 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
  35. 7.1.3 the buyer shall not be liable for any loss or damage whatever arising from such cancellation
  36. 8.1 the seller shall indemnify the buyer against any loss, liability, claim or expense arising from any infringement by the items of any copyright, trademark, patent, trade secret or other intellectual property right of any third party
  37. 9.1 The buyer may set off against any sums due to the seller whether under the contract or otherwise any lawful set-off or counterclaim to which the buyer may at any time be entitled.
  38. 10.1 by way of letter, e-mail or fax
  39. 11.1 The contract is personal to the parties and shall not be assigned at law or in equity without prior written consent of the other party.
  40. 12.1 the contract is subject to the law of place of registration of buyer (England and Wales)
  41. 13.1 The failure by the buyer to enforce, at any time or for any period, any one or more of the terms and conditions herein stated shall not be waiver by the buyer of the buyer’s right at any time subsequently to enforce all terms and conditions of the contract.
  42. 14.1 if any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions have been agreed with the invalid, illegal or unenforceable provision eliminated.
  43. 15.1 These terms and conditions form part of the contract for the purchase and supply but shall be subject to the requirements of article 18 of the waste shipment regulation.
  44. 15.2 the notifier being Mark Lyndon Paper Enterprises 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 Mark Lyndon Paper Enterprises UK Limited 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 the direct invoice to the supplier and/or deduction from monies owed to the supplier for other shipments received by Mark Lyndon Paper Enterprises UK Limited.
  45. 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 Mark Lyndon Paper Enterprises UK Limited and the supplying locations as at 12.2 above.
  46. 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.
Confederation of European Paper Industries
Confederation of Paper Industries
The Recycling Association
The Chartered Institution of Wastes Management

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