Terms of Offtake

​​

Collections and Deliveries

Arrival times for loading and unloading where driver assistance is required are 06:30 – 15:00 Monday to Thursday; and 06:30 – 12:00 Friday. For loads which do not require driver assistance these are 06:30 – 15:30 Monday to Thursday; and 06:30 – 13:30 Friday. We reserve the right to change our loading times but will notify collecting and delivering parties in advance of these instances. Arrival outside of these hours may not be loaded or unloaded as applicable without prior written consent from an authorized Company representative. For loads which require loading or unloading assistance from our drivers we request that a timeslot is provided, at minimum by noon the prior working day to be added to the site schedule. Failure to provide a timeslot will revoke recourse of reclaiming demurrage for delays on site. If the arrival time does not adhere to the scheduled timeslot, loads which have arrived in their scheduled timeslot may be prioritized, at the discretion of the site management. Loading will commence at the next available opportunity, with the exception of this falling outside of site loading hours. Should this extend beyond loading hours then it is at the discretion of the site management whether the hours can be extended, or whether the load must return the following (or later) day for loading.

​

Payment Terms

Payment terms are established prior to loading, default terms if not established in advance will revert to 7 days. Payment is to be made within the credit terms. Failure to adhere to credit terms may incur interest on the overdue amount at the maximum statutory rate allowed (currently 8% above the Bank of England base rate) and a fixed late payment fee of £200 in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. We will also recover all costs and expenses incurred in collecting overdue payments, including reasonable legal fees and debt recovery costs. If payment is not received on time, we reserve the right to suspend any further deliveries or collections and withhold title to any goods not fully paid for. Risk transfers immediately upon loading onto Buyer’s vehicle. Title transfers on receipt of cleared funds. Consistent late payment may result in withdrawal of credit terms and a requirement for advance payment on all future transactions.

​

Supply of Goods

Due Dilligence: Where a specification is not supplied, any product a Buyer is seeking to make an offer on should be visited and inspected prior to providing a Purchase Order, or scheduling collection of a load. At minimum, or where Buyers are unable to attend site, where a Receiving Specification must be met, Buyers may request photos of the load which they are planning to buy in order to fix a Price. Photos will be representative of the specified load they are ordering, but may not be representative of future loads due to changes in process, material input or otherwise. All product leaving site without specification is classed as “Sold as Seen”. It is recommended that any Receiving Acceptance Specification that must be met should be provided in advance of the Purchase Order, by way of acceptable contamination by weight, so that the Company can estimate in advance whether it can meet expectations. Bespoke Recycling Solutions will not be held responsible for loads scheduled where Buyers have not followed the Due Diligence protocol, and will not accept demurrage charges; contamination charges; or other charges without evidence that a pre-established Specification has not been complied with. Where a supposed breach is raised regarding non-compliance of product supplied against a pre-established specification, this must be addressed by undertaking testing in the form of a “Bale Break”, to ascertain whether the specified parameters have been met. This is to be undertaken at risk of the Buyer, and may be conducted at either Receiving site or at the Company’s site. A representative of the Company may be in attendance. A bale is to be weighed, broken open and the materials classified as contaminants separated. Items trapped within material which are unable to be extracted through our ordinary operations (boxed items; residues within containers etc.) will not be counted within the overall scope of the analysis. Target product and contaminants must each be weighed and recorded to establish if the specification has been met. Should the Bale Break prove to be within the Specification of the Receiving site, the Price will be payable and any charges assumed during the course of testing, including any haulage charges assumed by either the Company or the Buyer, will be assumed by the Buyer. If the material is deemed to be out of compliance with the visit and inspection (or in its absence the photos requested in line with above parameters); or where it has been confirmed that the supply will be in line with a pre-agreed specification, these charges will fall to the Company.

​

Confidential Information

All information conveyed by Bespoke Recycling Solutions (the Company) regarding pricing; costs; contractual terms; suppliers; customers and distributors as well as information regarding the Company’s business; production methods; know-how; finances and any other information supplied by the Company is proprietary. All such information and intellectual property shall be deemed ‘Confidential Information’. The Buyer shall have only a limited, temporary, revocable, non-exclusive license to use the Confidential Information only for the time period and to the extent necessary to complete the Agreement. The Buyer must: (i) employ safeguards at least as stringent as it employs for protection of its own confidential information but no less than a reasonable degree of care to protect such Confidential Information; (ii) not permit the use or disclosure of any Confidential Information to any person other than those employees of Buyer who have a need to know to fulfill the P.O. and who are bound to at least the same obligations of confidentiality as set forth herein; (iii) not reproduce, copy, reverse compile, reverse engineer or misuse or misappropriate any Confidential Information; and (iv) promptly report to the Company in writing any disclosure or attempted use of the Confidential Information in violation of this clause. When no longer required to fulfill the P.O., the Buyer will return such Confidential Information or destroy it and provide acceptable proof thereof as the Company directs. The Buyer acknowledges that any breach of the provisions of this would cause irreparable harm and therefore the Company, in addition to all other relief available pursuant to applicable Law or in equity or under the Agreement, shall be entitled to equitable relief, where permitted by Law, including injunctions and any other or additional relief, including attorneys’ fees, even if the Confidential Information under consideration does not constitute a trade secret.