Client purchase conditions and instructions

By purchasing material from Berga Recycling, you are subject to respect the following instructions and conditions that are implicit on every transaction between both parties. SO means Sales Order from Berga Recycling which refers to the client’s PO.


Terms and conditions regarding the SO

Each SO sent to you will be deemed accepted upon the occurrence of the first of the following events : (i) the return of this SO duly signed by the purchaser at the following address : [email protected] or, (ii) the expiration of a period of two (2) business days after receipt of the SO without the purchaser sending Berga Recycling a written notice of its non-conformity or non-acceptance or, (iii) any performance by the purchaser of any of its obligations under this SO. 


Paper, plastics, metal and any other scrap are following the ISRI scrap specifications circular unless otherwise specified on the SO. For Plastics refer to : http://plastic.berga.com , Paper refer to : http://paper.berga.com, Electronic refer to : http://electronic.berga.com


Payment terms & Loading

a-If Deposit + balance payment before arrival of the vessel: Deposit must be received within 5 working days after SO issuance. No loading will begin until the deposit is received in Berga Recycling bank account.

b-If DP: Loading will begin after approval of Berga’s sale order.

c-If LC: Loading will begin after approval of Berga’s sale order and after Berga Recycling Bank receives the swift copy clearly mentioning the opening of the LC by the customer’s bank.  The LC must be received within 10 working days or else the SO will be canceled.


Claims procedure:

Paper scrap:

a-Must take many photos (20 to 30 photos) when unloading each container

b-Opening the containers: Must take photos when opening each container

c-Offloading the containers: Must take photos when offloading each container and take photos of the container floor

d-Moisture test:

•Sample size: Must represent 10% of the volume receive for each container.

•Must take photos and videos clearly showing moisture meter of each row of each container when offloading.

•If no moisture meter, must take photos and videos of the samples taken from each container, clearly identifying the container number on each sample plus photos of the moisture test process and clearly showing the results before and after the test.

e-Prohibitive test: 

•Describe clearly the test method

•Sample size: 10% of the volume received

•Make sure the test area is clear and contains only the tested sample

•Clearly show the sample weight before starting the test sorting

•Clearly show the volume and the weight of the prohibitive sorted

f-Outthrow: 

- As per specified and agreed on the SO


Plastic scrap:

a-Quality issue Plastic scrap in bales:

•Take photos of the material when unloading

•Break 10% of the bales received

•Spread the materials on the floor. Take photos and videos of the materials spread

b-Quality issue Plastic flakes and pellets:

•Take photos of the material when unloading

•Isolate 10% of the gaylords and/or PP super sacs received

•Take samples on each gaylord and/or PP super sacs and take photos and videos when taking the samples

•Take close photos of the flakes and pellets samples

•Take photos and videos when doing the melt flow, ash and density test

•Clearly show the results before and after the test


Reception and QC Report

a-The report must be on Client Company letterhead paper

b-The report must be signed by authorized person with date and Company stamp

c-The report Heading must contain the following information:

•Booking #, B/L #, Invoice #

•Description of the material

•Quantity of containers

d-The report details must contain:

•Date received

•1 line per container #

•Test results per container for paper scrap are: Moisture, Prohibitive, outthrow as per agreed on the SO

•Test results per container for plastic scrap: Moisture, melt flow, ash, density

•Test results per container for metal: Prohibitive, outthrow as per agreed on the SO 


Claims accepted or refused

a-If the claim procedure describe above is followed properly by the customer, Berga Recycling will study and get back to the customer with a proposal

b-If the claim procedure described above is not followed properly by the customer, Berga Recycling will communicate with the customer and inform him of the correction and/or missing documents to support the claim.  A delay of 5 working days will be allow to the customer to produce the necessary to support the claim.

c-If the corrections and/or the missing documents are not sent to Berga Recycling within the delay of 5 working days, the claim will be rejected.


GOVERNING OF LAW
For Non US Clients
This agreement is governed by and is to be interpreted, construed and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

For US Clients
This agreement shall be construed in accordance with the laws of the state of Florida, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.

ELECTION OF DOMICILE
For Non US Clients
The parties irrevocably submit all disputes arising out of or relating to this agreement to Quebec courts, judicial district of Montreal, where they elect domicile.

For US Clients
The parties irrevocably submit all disputes arising out of or relating to this agreement to Florida courts, judicial district of St.Petersburg, where they elect domicile.




Last Update : 2018/12/13