Highlander International Recycling Policies

Recovered material load standards and material quality – Click here to download

As of January 2019, the Chinese government have further tightened their quality regulations with regards to the import or solid waste items for recycling, from all countries all over the world.

Waste paper grades such as Sorted Office Papers & Cardboard now have a more stringent standards to meet if they are to be exported to and accepted by Chinese paper mills. Other grades such as Mixed Papers and Mixed Plastic have now been completely banned from being exported to China.

As your recycling provider, we sell your recycled paper to worldwide markets to ensure you get the best available price and most sustainable market at all times. This guidance is designed to detail the quality requirements of the Chinese government import agency (CCIC) which in turn should be the quality standards the material supplied by you to Highlander should strive to meet at all times. We would be grateful if you could familiarise staff at your operations with the following requirements so they place only suitable waste paper for export to China into the bin, bag, baler, compactor or truck used to contain and transport the waste paper to our recycling operations.

How does this affect your business / your waste paper?

With the recent changes to China quality guidelines, the waste paper you produce for recycling (for example waste cardboard) is now measured to the new higher standards. If the standard is not met this can result in your material having to be reprocessed by us at a higher cost and with disposal costs for poor quality material which in turn, can cause price or weight reductions or added disposal costs.

What are the new quality standards?

The new standards are broken down into three important area, which are now assessed by Chinese government officials and Highlander staff when the waste is being loaded for export. The areas are:

1. Is there any contamination?

2. Is the material overly wet?

3. Is the material Radioactive?

Each of the above areas have limits and allowances (as dictated by the Chinese government), which are described below.

Contamination Guidelines (Cardboard):

Contamination can range from a plastic bag being found in a bale, to food residue left on a fruit box. With the new quality guidelines in place all contaminates are now categorised so that they are easier to understand based on their risk and allowance if found in waste cardboard. The categories are as follows:

1. Prohibited Class (Max 0 % Allowance) – by WEIGHT

2. Restricted Class (Max 0.01 % Allowance) – by WEIGHT

3. General Class (Max 0.5 % Allowance) – by WEIGHT

The allowances above are essentially the amount of each contaminate category that can be found in your material. For example, you may produce a 500kg bale (or a skip filled with 500kg of loose Cardboard). If a General class contaminate is found in the bale/skip and that contaminate weighs more than the 0.5% allowance (in this case would be 2.5 kg) 

Prohibited Contaminates

This category of contamination is the most serious level of contamination and is strictly NOT allowed in any china bound goods / waste cardboard (Max 0% by WEIGHT). Examples of this contamination – Bullet shell / explosive casings & radioactive wastes.

Strictly Restricted Comtaminates

This category of contamination is the medium level of contamination and acceptable in China bound goods at the maximum limit of 0.01% by WEIGHT. Examples of this contamination – Burnt or partially burnt waste paper, or waste paper contaminated by fire extinguishing agent. Sealed Sharps Containers. Food Waste. Any hazardous wastes such as being corrosive, toxic, flammable or reactive.

General Contaminates

This category of contamination is the lowest level of contamination and acceptable in China bound goods at the limit of 0.5% by WEIGHT. Examples of this contamination – Wastes of a Wood, Metal, Glass, Plastic, Rubber or Textile nature and coated Papers like Self-Adhesive and Wallpaper.

Moisture Guidelines

The second Key area in the new guidelines refers to the moisture levels of the waste paper. This is essentially measuring how damp or wet the waste material is. The moisture is measured using a calibrated Moisture meter (photo below). Similar to the contamination allowances there is a maximum natural moisture allowance of 12%. If the material exceeds this allowance, any additional percentage would normally be deducted from the net weight of the material. For example, if a 500 kg bale had a moisture reading of 22%, this would result in 10% being deducted from the net weight (which in this case would be 50kg).

Radiation Guidelines

(NB – it is HIGHLY UNLIKELY this will ever affect waste paper, but is covered here for reference only) The final key area in the new guidelines is with regards to radiation levels contained within waste paper. The radiation level of goods is measured by Highlander using a calibrated Radiation Meter / Geiger Counter (photo as below) and the allowance of radiation within the material is 0.25 usv/h over and above the Highlander’s site background average radiation reading.

Non-conformances & corrective actions

If any waste paper we supply to China fails the quality standards within the 3 key areas (as detailed previously), this can result in Highlander losing its accreditation to ship waste paper to China. In order to ensure we can continue to supply these crucial markets, we conduct a series of internal material checks on customer material on a regular basis, which we will from the 1st March, begin to communicate back the results of these tests to the affected customers. The test performed will be:

1. Material “Bale breaks” (To measure the contamination within cardboard bales)

2. Loose material sampling (To measure the contamination within loose cardboard)

3. Material moisture tests

4. Material radiation tests

Photos below of a bale break / reprocessing which involves the bale being burst opened and handpicked for any of the three categories of contaminates. The contaminates would then be weighed, then the loose cardboard material is also weighed so we know the exact percentage of each

With the new quality standards in place we need you to help Highlander ensure we continue to supply only the highest quality materials to our worldwide markets. Some practical actions you and your staff can take for each key area of material quality management, are detailed as below:

Corrective Contamination Actions:

The best way to avoid any contamination claims is to be vigilant to the waste that is being put in your skip, van, compactor or baler. Though there are allowances to certain types of contaminates, we advise you to only recycle paper or cardboard – if it is not fibre based it CANNOT be recycled as paper.

Corrective Moisture Actions:

We advise that you simply keep your waste materials dry, most effective option being that the materials are kept indoor or undercover or in a closed container. If space is an issue and your cardboard must be kept outside, we recommend that it be covered with a tarpaulin.

Corrective Radiation Actions:

To combat any Radiation claims we advise that your waste materials are kept far away from any sort of toxic / hazardous materials to reduce any form of radiation spreading to your waste materials. Again it is highly unlikely this will ever affect customers, however we must make reference to this and bring it to your attention for the purposes of our export accreditation with the Chinese Government. Thank you for your assistance in ensuring our recycling is clean, legal and sustainable. Finally, to help give customers a better idea on how we inspect any waste paper that arrives on our site for recycling, please see a copy of our Inspection form on the following page, which our staff will complete when inspecting any waste paper materials from customers that are identified as requiring inspection.

1. Definitions

1.1 – Us/We/Our means Highlander International Recycling Limited or Highlander International Recycling (Ireland) Limited, of postal address 7-10 Linwood Avenue, East Kilbride, Glasgow G74 5NR.

1.2 – Conditions mean the conditions of sale set out in this document and any special terms and conditions agreed in writing by us.

1.3 – Contract means the contract for the sale of the Goods.

1.4 – You/Your means the person, firm or company buying or agreeing to buy Goods from Us in accordance with the Conditions.

1.5 – Goods means all recovered materials or any part thereof (together with any services) that we agree to sell to you as detailed on the Sales Order.

1.7 – Price means the price of the Goods as set out in the Sales Order, excluding VAT (where applicable)

1.9 – Sales Order means our uniquely numbered, official written order for the Goods as provided to you before the goods are despatched, which shall include any descriptions, specifications, quality requirements, loading requirements, transport provisions, legal requirements and / or special instructions relating to the Goods.

1.10 – Collection / Delivery Date means the date specified by us when the Goods are to be collected from, or delivered to.

1.11 – Delivery Address means the place of collection / delivery of the Goods as set out in the Sales Order or as otherwise agreed in writing.

1.12 – Recovered materials shall mean bales of a minimum weight of circa 400kg and a minimum of 3 cross banding wires. The recovered materials exact quality specifications can be viewed in Highlander International Recovered Materials Load Standards and material quality specifications, for recovered materials (Dated as March 2019, copies of which can be provided by us, on your request).

1.13 – Recovered Materials Load Standards and material quality specifications shall mean the document provided by us which will regulate the specification and the quality of the goods provided by us to you as part of the Contract. The Recovered Materials Load Standards and material quality specifications shall apply to the Contract to the absolute exclusion of all other specification and quality documentation, including any specification and quality documentation which you may purport to apply under your purchase order or similar document or by any other communication.

1.14 – Charge shall mean the price paid by you to us, and includes but is not limited to the collection or delivery of recovered materials (where specified on the sales order) and any other bone fide costs incurred by us resulting from the execution of this contract. You may not set off against and deduct from us any charges, from any payment due from you to us under the Contract, the amount of any sum which is or is about to be due from you to us, whether in relation to the Contract or otherwise.

1.15 – Collection contractor shall mean us or you or a company/organisation nominated and contracted by us or you to provide a service of collection of recovered materials from our collection address to your delivery address {the delivery address}, where specified on the sales order and contract, which shall also clearly state whether you or us are liable for the costs of providing said collection contractor.

1.17 – Normal hours shall mean 0700 hours to 1700 hours Monday to Friday.

1.18 – Trailer / container shall mean a trailer or container capable of holding and transporting recovered materials.

1.19 – Any reference to an enactment is a reference to it as already amended and includes a reference to any repealed enactment which it may re-enact with or without amendment and to any future re-enactment and / or amendment of it whether taking effect before or after the date of these terms and conditions of business, but so that any retrospective legislation shall increase your liability hereunder.

1.20 – The headings used for these terms and conditions of business and the Schedules hereto, are inserted for convenience only and shall not affect the construction or interpretation of these terms and conditions at any time.

1.21 – Words and expressions used herein importing the singular number shall include the plural number and vice versa and importing one gender shall include any other and All typographical and clerical errors are subject to correction.

1.22 – Any reference to a clause or schedule shall be a reference to such clause or schedule of these terms and conditions of business.

1.23 – No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or other provision.

1.24 – No failure by us to exercise any power given to us or to insist upon strict compliance by you with any obligation hereunder and no custom or practice of the parties at variance with the terms hereunder shall constitute any waiver of any of our rights under the Contract.

1.25 – If any provision(s) of these Conditions is (are) held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby and the invalid provisions shall be replaced or the gaps shall be filled by appropriate regulations.

1.26 – Any notice under these Conditions shall be properly given if in writing and sent by first class post, telex, e-mail or facsimile to the address of the intended recipient as stated in the contract or to such address as we and you from time to time notify to each other as their respective addresses for service.

1.27 – Except as otherwise provided, nothing in this Contract shall bestow on any third party, any benefit or the right to enforce any terms of this Contract.

1.28 – You shall not assign any benefit, liability or any other rights of the contract to any third party, without our prior written consent.

1.29 – The GDPR (General Data Protection Regulations) requires us to advise you that your personal information voluntarily submitted in the course of instructing us to sell the Goods, are held on our database(s). Unless requested not to do so we may, from time to time, use these details to send information we believe may be of interest you.

1.30 – We reserve the right to assign the benefit of the Contract by prior written notice to you.

2. Conditions applicable and orders

2.1 – The Conditions shall apply to the Contract to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under your purchase order or similar document or by any other means.

2.2 – No variation to the Conditions (including any special terms and conditions agreed between the parties) shall be binding unless agreed in writing between a director of us and representative of you.

2.3 – Despatch, collection or delivery of the Goods (whichever the earlier) by Us to You shall be deemed conclusive evidence of your acceptance of the Conditions.

2.4 – Except as otherwise provided, no Sales Order which has been accepted by You may be cancelled by You except with Our agreement in writing and on terms that You shall indemnify Us in full, against all loss (including loss of profit) costs, damages, charges and expenses incurred by Us as a result of the cancellation.

2.5 – You acknowledge that it shall be your responsibility to notify us of all governmental statutory local authority requirements (or other requirements) relating to the supply of the Goods by Us of which you are aware (or in respect of which it is reasonable for you to be aware).

2.6 – We reserve the right to cancel the Contract by prior written notice to You, giving You no less than 24 hours notice before the goods are due to be collected or delivered to the delivery address, with no obligation on us to indemnify you against any loss, howsoever incurred by you, as a result of this cancellation.

3.Grant of rights

In consideration of the goods and services to be provided by us to you for the execution of any contract agreed between us, hereinafter we hereby grant rights unto to you and vice versa, to: –

3.1 – Provide suitable trailers / containers for the uplift / unloading of Recovered materials from the collection address to the Delivery Address on the agreed Collection and Delivery Dates.

3.2 – access the Collection and Delivery Addresses during Normal Hours with your / our vehicles or those of your / our collection contractors for the purposes of undertaking your / our obligations in accordance with the agreed Contract between us and you.

4. delivery/collection

4.1 – Delivery or collection of the Goods shall be made to the Delivery or collection Address as advised by us and confirmed in Our Sales Order, by the collection and Delivery Date, as agreed between us and you.

4.2 – Punctual collection / delivery of the Goods is the essence of the Contract. If You fail to provide the trailers / containers for the collection of the Recovered materials (or know or suspect that You will fail to collect / deliver / make available the trailers / containers) in accordance with the Contract to the collection or Delivery Address on the collection or Delivery Dates, then without prejudice to any other right or remedy available to Us: –

(a) You shall notify us twenty-four hours (24 hrs) prior to the collection or Delivery Date of your pending failure or suspected pending failure to collect / deliver / make available the trailers / containers to the collection or Delivery Address on the collection or Delivery Date;

(b) Subject to you notifying us (irrespective of whether or not we receive from you the notice required under clause 4.2(a) above) we may terminate the Contract by giving notice to you. In this event without prejudice to our other remedies you shall promptly cancel all trailers / containers arranged (including but not limited to all sea and / or road trailers / containers) relating to the Contract, with all such cancellation costs to be borne solely by you.

4.3 – Where delivery or collection of a quantity of the Goods which correspond to the Contract which is less than the agreed quantity that has been tendered due to Your inability to provide adequate and / or sufficient trailers / containers for collection of said goods and we have not exercised our right of termination under clause 4.2(b) previous we may: – (a) Reduce the volume of the Goods supplied to you from those which correspond to the Contract and deliver no further goods to you, with all costs associated with this reduction of Goods supplied, borne solely by you; (b) Or we may require you to promptly deliver sufficient and / or adequate trailers / containers which correspond to the Contract to comply with the quantity required, with all extra costs associated with completion of the contract borne solely by you.

4.4 – If for any reason we are unable to provide delivery / arrange collection of the Goods on the Delivery Date We shall notify you accordingly and in such event we shall store the Goods at Your expense and shall safeguard the Goods and take all reasonable steps to prevent their deterioration until actual delivery.

4.5 – To satisfy export requirements we will provide loading photographs to be supplied by us to you at our expense in a digital format, sent by us by electronic mail within 48 hours of the date of any such request by you. It will be your responsibility to inform us of any specific requirements apropos the taking of digital loading photographs and all extra costs associated with the incomplete or inaccurate taking of said digital loading photographs which arise as a result of you not providing the loading photograph requirements for specific contracts, will be borne solely by you

4.6 – Weighbridge tickets and a bale count as a minimum requirement shall be supplied directly by us to you as proof of loading on the Delivery / collection date and the weight from our weighbridge will take precedence over any weights provided by you from any other weighbridge at all times, unless agreed otherwise by us in writing.

4.7 – To satisfy export requirements, where applicable we will provide a completed Annex 7 form for each trailer / container loaded, to be supplied by us at our expense in a digital or faxed format, sent by us within 48 hours of the date of any such request by you. Unless otherwise specified you will supply the blank Annex 7 forms to us in the case of any loads which we sell to you, no later than 48 hours before the agreed delivery date and all extra costs associated with the late supply of any Annex 7 forms, will be borne solely by you.

5. Price, payment and title

5.1 – We retain title in all goods supplied to you under this or any contract between us, until all debts howsoever arising and owed by you to us, have been settled in full and we reserve the right to seek a return of the goods from the delivery address in the case of late payment and all costs associated with the return of the goods to the collection address will be borne by you.

5.2 – Unless otherwise agreed and specified, the price for any good supplied by us to you is inclusive of all packaging, insurance, transportation and collection / delivery costs to the delivery address.

5.3 – Subject to any special terms agreed in writing between us and you, payment for the goods is due within twenty-eight (28) days of the date of our invoice supplied by us to you, following delivery of the goods to the Delivery Address and said invoice supplied by us will always be dated as from the date the goods were collected.

5.4 – Suitable invoices from Us to You will clearly specify the enclosed details and must be paid within the payment terms stated in clause

5.3 – above:
• Container number (Where applicable)
• Trailer number (Where applicable)
• Seal number (Where applicable)
• Grade of material sold
• Price per ton agreed
• Purchase order number(s)
• Weighbridge ticket number
• Other information as reasonably required by either party 5.4 You may not under any circumstances set off against and / or deduct from any payment due to us by you under the Contract, the amount of any sum which is or is about to be due from us to you whether in relation to the Contract or otherwise.

5.5 – Except as otherwise provided and unless otherwise agreed by us you acknowledge and agree that all Goods supplied by us to you under the Contract will be paid for based on our provided weight ticket. You shall not deduct or offset any sum due to you, in respect of weight discrepancies between that supplied on our weight ticket and any weight ticket supplied by you.

5.6 – Disputes from You pertaining to any invoice received by you from us relating to the provision of Goods under any contract agreed by us, will only be acknowledged and accepted by us provided that said dispute is received by us within 7 days of you receiving our invoice, after which any disputes are invalid.

6. Warranties and liabilities and regulatory requirements

6.1 – The Goods supplied by Us shall be in accordance with the relevant British European and / or International Standard and in accordance with the Recovered Materials Load Standards and material quality specifications document of which will take precedence at all times during any contracts agreed between us. We shall ensure that all the Goods are of satisfactory quality and fit for the purposes for which you intend the Goods. We do reserve the right to make any changes in specification to the Goods which are required to conform with any applicable safety, quality or other statutory requirement or (where the Goods are supplied to Our specification) which do not materially affect their quality or performance.

6.2 – You shall be liable for all specifications and instructions (“Specification(s)”) issued by Us to You with any Order or pursuant to the Contract and shall fully indemnify Us and keep Us fully indemnified against all loss directly or indirectly arising out of any error in or omission from such Specifications

6.3 – Where We agree to supply Goods of a specified quality We will endeavour that the Goods will comply in all material respects with that quality specified in the sales order and our Recovered Materials Load Standards and material quality specifications, but variations within the variances set out in clause

6.4 – (a)-(c) inclusive below shall not be deemed to breach the Contract and will not entitle You to make any commercial claim against Us where such variations of the goods occur.

6.4 – We shall ensure the quantity and quality of the Goods until such time as you have accepted the Goods at the Delivery Address or any of our premises. In particular:-

(a) We shall ensure that all Goods are delivered to the Delivery Address within a moisture variance not exceeding twelve percent moisture (12%) per bale but variations of plus or minus 2% shall not be deemed to breach the Contract and will not entitle You to make any commercial claim against Us where such variations of the goods occur. In all cases and without exception, any moisture readings supplied by us as part of any claim, will take precedence over any moisture readings as supplied by you and in this endeavour, we will supply a copy of the calibration certificate for our moisture meter, on your request.

(b) Where the goods supplied to you have an average moisture content in excess of twelve percent (12%) per load plus the allowed variances as described in clause 6.4

(a) above, you acknowledge and agree that any consequent commercial claims will be provided fully documented by you, with photographic evidence provided for every moisture meter reading taken. Furthermore you shall provide full details of the moisture meter utilised to take said moisture readings including but not limited to the meter serial number, year of manufacture, make and model and a fully valid calibration certificate for said meter and you acknowledge and agree that in the case where such information is not made available by you, we shall not be deemed to have been in breach of the Contract and will thus, not entitle you to make any commercial claim against us.

(c) Unless agreed otherwise by us before loading where the Goods supplied by us have a short loading weight in respect of the minimum weight detailed in the Sales Order, you acknowledge and agree that we shall not be liable to pay to you any low weight surcharge on the Goods where it is proven that the average weight of the Goods across the entire Contract came within 10% of the minimum weight required by you as stated in the Sales Order. In the case where the average weight of the Goods across the entire Contract is out-with 10% of the minimum weight required by you as stated in the Sales Order, you agree to charge us no more than 3% of the total value of the Goods (excluding VAT) in respect of said short loading weight.

(d) We shall ensure that the correct grades of Recovered material are loaded onto the correct trailer / container. We reserve the right in Our absolute discretion to make a claim against You in cases where You have supplied the incorrect trailer / container for Goods specified on the Sales Order, which may include, but not be limited to, all transport, freight, shipping, insurance costs involved in the resolution of problems arising from loading incorrect materials into containers.

6.5 – Where the Goods supplied by Us to You do not allegedly conform to the quantity and / or quality of the Contract specifications in the Sales Order and / or the standards set out in this clause 6 and / or our Recovered Materials Load Standards and material quality specifications, you acknowledge and agree that You will: –

(a) Provide a minimum of 16 digital photographs per individual load for all Goods that allegedly fail to conform to the quantity and / or quality of the Contract specifications in the Sales Order and / or the standards set out in this clause 6, or the standards outlined in our Recovered Materials Load Standards and material quality specifications document.

(b) Provide a detailed quality report describing the composition of the Goods that allegedly do not conform to the quantity and / or quality of the Contract specifications in the Sales Order and / or the standards set out in this clause 6 or the specification described in our Recovered Materials Load Standards and material quality specifications document, which will include but not be limited to information such as detailed analysis reports with complete breakdowns of the component parts of the alleged non-conforming goods, a methodology statement as to how the analysis report was compiled and the individual measurements of each component part provided, measured to the nearest kilogram. Furthermore, calibration certificates for any measuring devices must be provided by you and must be proven to be valid or all measurements taken will be declared null and void and all related claims made by you shall be declared null and void and all costs associated will be borne by you.

(c) Provide analysis samples from a minimum of 8 random bales per individual load for all goods that allegedly fail to conform to the quantity and / or quality of the Contract specifications in the sales order and / or the standards set out in this clause 6 or the Recovered Materials Load Standards and material quality specifications document. These analysis sample should be posted by you to the collection address in clear plastic sample bags and should be with us within 14 days of the date you notified us of the alleged non-conformance of the goods, otherwise the alleged non-conformance and all associated costs will be declared null and void.

(d) Provide any and all documentary and photographic evidence pertaining to all goods that allegedly fail to conform to the quantity and / or quality of the Contract specifications in the sales order and / or the standards set out in this clause 6. to us within 3 working days of delivery of the goods to the delivery address and in consideration of this, proof of delivery to the delivery address will be required by us to determine the exact delivery date. Failure to comply with any parts of clause 6 will render any commercial, weight, quality, moisture or any other type of claims of this nature invalid, with all costs attached to such claims to be borne solely by you.

(e) By entering into the contract with Us You acknowledge and agree that failure to comply with any parts of clause 6 will render any commercial, weight, quality, moisture or any other type of claims invalid with all costs attached to such claims to be borne solely by You.

(f) In all cases and without exception, any quality and / or non-conformance reports or similar documents supplied by us as part of any claim against us by you, which detail the quality of recovered materials supplied by us to you as part of this contract or otherwise, will take precedence over any quality and / or non-conformance reports or similar documents as supplied by you.

6.6 – All risk in and all removal costs and other costs associated with the Goods rejected pursuant to this clause will be borne by you with effect from notice of rejection.

6.7 – You shall ensure that the trailers / containers provided comply fully with all relevant legislation by-laws or regulations (including but not limited to Health and Safety legislation by-laws or regulations, TFS regulations, duty of care regulations et al.) applicable in the United Kingdom, the European Union and Internationally, in relation to the delivery address of the goods.

6.8 – You warrant that You are fully aware of and (in respect of the Goods) fully comply with the requirements of all relevant European Union and other legislation, regulations or by-laws in force (as amended from time to time) at the Delivery Date including (but not limited to) European Union legislation regulations or by-laws known specifically as or generically referred to as: –

(a) Trans-frontier Shipment of Waste Regulations (TFS);

(b) Producer Responsibility Obligations;

(c) Environmental Protection Act / Duty of Care;

(d) Environmental Agency Registered Waste Broker / Carrier;

(e) Council Regulation (EEC) No. 259/93 of 1 February 1993

6.9 – You acknowledge that:-

(a) (For the purposes of these Conditions generally but not always) the Goods are exported for “recovery / recycling” as defined (as appropriate) in the laws European Union and other legislation regulations or by-laws referred to in clause 6.8(a)-(e) inclusive above;

(b) Unless otherwise agreed in writing you are not entitled to claim PERNs / PRNs on any United Kingdom-sourced packaging waste that we supply to you with the Goods.

6.10 – The Goods shall be marked or branded in accordance with your instructions and all lawful requirements and properly packed and secured for delivery to you in an undamaged condition. Furthermore we shall ensure that all bales containing the Goods provided by us under the Contract are prepared for transit (and are in fact at all times while being transported to the Delivery Address) tied with steel baling wire (or plastic and / or string by special agreement only), packaged and loaded in trailers / containers and at all times secured in accordance with applicable Health and Safety legislation by-laws or regulations applicable in that countries jurisdiction or otherwise. We shall not be liable for any direct or indirect claim, loss or damage howsoever arising from the transit of the Goods. It is your responsibility to ensure that all relevant information to ensure compliance with this clause is requested from us in the event that such information is not made available at the time of our placing the Order

6.11 – We shall permit you to inspect and test the Goods at the collection Address or any of our premises but only after prior written agreement from us and with no less than 72 hours’ notice from the date and time of your request. In the event You are not reasonably satisfied that the Goods comply in all material respects with the Contract and / or the standards set out in this clause 6 and / or the Sales Order and / or our Recovered Materials Load Standards and material quality specifications document, we reserve the right without extra cost to Us to cancel the Contract with You with immediate effect.

6.12 – You shall take all reasonable steps to ensure that performance of the Contract does not result in personal injury to, or damage to the property or environment of any persons or at the collection address. You must promptly give us full information about any risk of such damage or injury which at any time you believe to exist in relation to the transportation and storage, handling or use of any Goods supplied. All of your personnel or agents or subcontractors must comply with all reasonable safety instructions whilst on any of our collection addresses. You shall fully indemnify us immediately on demand from time to time, against any loss claim liability or expense suffered by reason of the personal injury or death or loss or damage to property (including pecuniary loss whether directly or consequentially suffered) or harm or injury to any person resulting wholly or in part from any act or default by you, your agents, your subcontractors or any other personnel-related to you in relation to the contract or otherwise

6.13 – You shall ensure that you are insured on terms reasonably acceptable to us from time to time against all risks of liability for anyone’s death personal injury or loss or damage of property.

7. Rejection and cancellation

7.1 – We may cancel the Contract at any time prior to delivery of the Goods by giving notice of cancellation at least one

(1) working day before the Delivery Date. On giving such notice you shall promptly refund to us any sums paid in respect of the Price. We shall not be liable for any loss or damage whatsoever arising from such cancellation

7.2 – Our exercise of any rights under this clause is without prejudice to any other rights which We may have against You and none of Our rights will be adversely affected or deemed to have been waived by any inspection, approval or acceptance of any Goods by Us prior to Our discovery of any breach of Contract to which that right might apply

7.3 – Without prejudice to any other right or remedy available to Us, we shall be entitled to cancel the Contract without any liability on Our part at any time in the event that:

(a) You make any voluntary arrangement with Your creditors or become subject to an Administration Order or (being an individual or a firm) becomes bankrupt or goes into liquidation (otherwise for the purposes amalgamation or reconstruction);

(b) An encumbrance takes possession of or a receiver is appointed over any of your property or assets;

(c) You cease or threaten to cease to carry on business;

(d) You breach any of the Conditions;

(e) We reasonably apprehend that any of the events mentioned above is about to occur in relation to you and notify you accordingly.

8. Media/marketing communications

For all media communication:

8.1 – Made by Us or You where references are made to any of the services provided by Us to You or vice versa within the contract then You will incorporate the Our name and or logo and vice versa.

8.2 – The approval for the use or inclusion of our name or logos to be gained from us by you and vice versa, but not unreasonably withheld by either party.

8.3 – Any use of our name and / or logo must use only artwork supplied by us to you and vice versa as appropriate.

9. Intellectual property

9.1 – Any intellectual property created by us in the course of the performance of the Contract or otherwise in the design, manufacture or supply of or otherwise in relation to the Goods or the provision of the Services, shall remain the property of us. Nothing in these Conditions shall be deemed to have given you a licence or any other right to use any of the intellectual property belonging to us.

9.2 – All logos, trade name or trademarks (‘Marks’) owned or used by us in the course of its business are the property of us. We reserve all intellectual property rights in relation to the use of such Marks. You may not use, or permit the use of, such Marks or any similar Marks without the prior written permission of us.

10. Force Majeure

10.1 – We shall not be in breach of the Contract or otherwise be liable for any failure or delay to deliver the Goods and/or supply the Services arising from circumstances outside our reasonable control including, but not limited to, acts of God, governmental actions or regulations, national emergency, acts of terrorism, protests, riot, civil commotion, strikes, lock-outs, other labour disputes (whether or not relating to either party’s workforce), accidents, war, fire, explosion, flood, epidemic, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery, shortage or unavailability of recovered materials, sudden drops in market conditions and the price of the goods or restraints or delays affecting collection contractors.

11. Law & jurisdiction

11.1 – The Contract and any issues, disputes or claims arising out of, or in connection with it (whether contractual or non-contractual in nature such as claims in tort, from breach of statute regulation or otherwise) shall be governed by, and construed in accordance with, Scottish law.

11.2 – All disputes or claims arising out of, or in relation to the Contract shall be subject to the exclusive jurisdiction of the Scottish courts to which the parties irrevocably submit.

1. Definitions

1.1 -Us/We/Our means Highlander International Recycling Limited or Highlander International Recycling (Ireland) Limited, of postal address 7-10 Linwood Avenue, East Kilbride, Glasgow G74 5NR.

1.2 – Conditions means the conditions of purchase set out in this document and any special terms and conditions provided in writing to you, by us.

1.3 – Contract means the contract for the purchase of the Goods by us, from you.

1.4 – You/Your means the person, firm or company selling or agreeing to sell Goods to us in accordance with the Conditions.

1.5 – Goods means all recovered materials or any part thereof (together with any services) that we agree to purchase from you as detailed on the Purchase Order or as may be detailed to you by other methods, which may include but not be limited to, email, official quotation letter, in our Duty of care / Waste transfer Note / Waste Recycling or Security Shredding agreement, or by any other method which allows the details of the goods to be provided to you, prior to the purchase.

1.6 – Price means the price of the Goods as set out in the Purchase Order, excluding VAT (where applicable) or as may be set out to you by other methods, which may include but not be limited to, email, official quotation letter, our Duty of care / Waste transfer Note / Waste Recycling or Security Shredding agreement, or by any other method which allows the price of the goods to be provided to you prior to purchase. The price of the goods may vary in line with the market conditions prevailing at the time and we reserve the right to vary the price of the goods by providing you with no less than 24 hours’ notice of the price change in writing.

(a) The price of the goods may from time to time and as may be advised by us, be at zero value meaning no funds will be transferred from us to you apropos the execution of the contract, however this will not affect the interpretation or enforcement of these terms and conditions, in whole or in part at any time.

1.7 – Purchase Order means our uniquely numbered official written order, or can mean the order as may be detailed to you for the Goods by way of email, official quotation letter, our Duty of care / Waste transfer Note / Waste Recycling or Security Shredding agreement, or by any other method which allows the order for the goods to be provided to you prior to purchase, as provided to you by us that shall include, but not be limited to any information where required relating to descriptions, specifications, quality requirements, loading requirements, transport provisions, legal requirements and / or special instructions relating to the Goods as deemed appropriate by us.

1.8 – Collection / Delivery Date mean’s the date specified by us when the Goods are to be delivered to us, or collected by us or by our nominated transport contractors.

1.9 – Collection / Delivery Address means the place of collection / delivery of the Goods as set out in the Purchase Order, or as otherwise agreed, in writing.

1.10 – Recovered materials shall mean waste paper for recycling at the collection / delivery address or as otherwise advised by us, provided in various different forms and storage receptacles, including but not limited to loose, baled, pallets, tubs, cages, bundles, bins, containers et al which can either be collected by us, or delivered by you. The recovered materials exact quality specifications can be viewed in the Highlander International Recovered Materials Load Standards and material quality specifications, for recovered materials (Dated as March 2019, copies of which can be provided by us, on request).

1.11 – Highlander International Recovered Materials Load Standards and material quality specifications shall mean the document provided by us which will regulate the specification and the quality of the goods provided by you to us as part of the contract. The Highlander International Recovered Materials Load Standards and material quality specifications shall apply to the contract to the exclusion of all other specification and quality documentation including any specification and quality documentation which you may purport to apply under your sales order or similar document, or by any other communication.

1.12 – Charge shall mean the price paid by us to you or vice versa where specified on the Purchase Order, and can include but is not limited to the collection of recovered materials, baling charges, shredding charges, handling charges, administration charges, collection and disposal of General Waste or for quality, moisture or weight discrepancy claims on recovered materials and any other bone fide costs incurred by us resulting from the execution of this contract. We may set off against and deduct from any payment due to you, any charges as described above, from the amount of any sum which is or is about to be due to you from us, whether in relation to the Contract or otherwise.

1.13 – Collection contractor shall mean us or a company / organisation nominated and contracted by us to provide a service of collection of recovered materials from your collection / delivery address, where specified on the Purchase Order and contract, which shall clearly state whether you or us are liable for the costs of providing said collection contractor.

1.14 – Normal hours shall mean 0800 hours to 1700 hours Monday to Friday.

1.15 – Trailer / container shall mean a trailer or container or other collection or delivery receptacle capable of holding and transporting recovered materials.

1.16 – Any reference to an enactment is a reference to it as already amended and includes a reference to any repealed enactment which it may re-enact with or without amendment and to any future re-enactment and / or amendment of it whether taking effect before or after the date of these terms and conditions of business, but so that any retrospective legislation shall increase your liability hereunder.

1.17 – The headings used in these terms and conditions and the Schedules hereto are inserted for convenience only and shall not affect construction or interpretation at any time.

1.18 – Words and expressions used herein importing the singular number shall include the plural number and vice versa and importing one gender shall include any other and all typographical and clerical errors are subject to correction.

1.19 – Any reference to a clause or schedule shall be a reference to such clause or schedule of these terms and conditions of business.

1.20 – No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or other contract.

1.21 – No failure by us to exercise any power given to us, or to insist upon strict compliance by you with any obligation hereunder and no custom or practice of the parties at variance with the terms hereunder shall constitute any waiver of any of our rights under the Contract.

1.22 – If any provision(s) of these Conditions is (are) held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby and the invalid provisions shall be replaced or the gaps shall be filled by appropriate regulations.

1.23 – Any notice under these Conditions shall be properly given if in writing and sent by first class post, telex, e-mail or facsimile to the address of the intended recipient as stated in the contract or to such address as we and you from time to time notify to each other as their respective addresses for service.

1.24 – Except as otherwise expressly provided, nothing in this Contract shall confer on any third party any benefit or the right to enforce any terms of this Contract.

1.25 – You shall not assign the benefit of this or any other Contract agreed with us, without our prior written consent.

1.26 – The GDPR (General Data Protection Regulations) requires us to advise you that your personal information voluntarily submitted in the course of instructing us to purchase the Goods are held on our database(s). Unless requested not to do so we may, from time to time, use these details to send you information we believe may be of interest you.

1.27 – We reserve the right to assign the benefit of the Contract by prior written notice to you.

2. Conditions applicable and orders

2.1 – The Conditions shall apply to the Contract to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under your sales order or similar document or by any other means.

2.2 – No variation to the Conditions (including any special terms and conditions agreed between the parties) shall be binding unless agreed in writing between a director or senior manager of us and representative of you.

2.3 – Despatch, collection or delivery of the Goods from you to us shall be deemed conclusive evidence of your acceptance of the Conditions contained herein and to the exclusion of all other terms and conditions including any purported to apply under your sales order or similar document, or by any other communication.

2.4 – Except as otherwise provided, no Purchase Order which has been accepted by you may be cancelled by you except with our agreement in writing and on terms that you shall indemnify us in full against all loss (including loss of profit) costs, damages, charges and expenses incurred by us as a result of the cancellation by you.

2.5 – We reserve the right to cancel the Contract by prior written notice to you, giving You no less than 24 hours notice before the goods are due to be collected or delivered to the collection / delivery address, with no obligation on us to indemnify you against any loss, howsoever incurred by you as a result of this cancellation.

2.6 – You acknowledge that it shall be your responsibility to notify us of all governmental statutory local authority requirements (or other requirements) relating to the supply of the Goods to us, of which you are aware (or in respect of which it is reasonable for you to be aware). 

3. Grant of rights

In consideration of the service to be provided by us to you and for the goods to be provided by you to us for the execution of any contract agreed, hereinafter you hereby grant rights unto us to:

3.1 – Provide suitable trailers / containers for the collection / delivery of Recovered materials from the collection / delivery address on the agreed collection / delivery dates.

3.2 – To access the collection / delivery address during Normal Hours or vice versa with our vehicles or those of our collection contractors or vice versa, for the purposes of undertaking our or your obligations in accordance with the agreed contract between us and you.

4. Delivery Collection

4.1 -Delivery or collection of the Goods shall be made to the delivery / collection address as advised by you and confirmed in our Purchase Order, by the delivery / collection date, as agreed between us and you.

4.2 – Punctual collection / delivery of the Goods is the essence of the Contract. If you fail to make available for collection or fail to deliver (or know or suspect that you will fail to make available for collection or fail to deliver) all the Goods in accordance with the Contract to the collection / delivery address on the collection / delivery date, then without prejudice to any other right or remedy available to us:-

(a) You shall notify us forty-eight hours (48 hrs) prior to the collection / delivery date of your pending failure or suspected pending failure to deliver or make available for collection the goods to the collection / delivery address on the collection / delivery date;

(b) Subject to our notification to you and at our sole discretion (irrespective of whether or not we receive from you the notice required under clause 4.2(a) previous) we may terminate the Contract by giving notice to you. In this event without prejudice to our other remedies, we reserve the right to instruct you to promptly collect at your expense (including but not limited to all sea and / or road transit charges levied) any Goods which have already been collected / delivered, relating to the contract or otherwise with all other related cancellation costs being borne solely by you.

4.3 – Where collection or delivery of a quantity of the Goods which correspond to the Contract which is less than the agreed quantity has been tendered and we have not exercised our right of termination under clause

4.2(b) previous we may:-

(a) Accept the previously collected / delivered Goods which correspond to the Contract and recover from you any losses incurred by us as a result of your breach in respect of the failure to make available for collection or deliver the remainder of the Goods, which you agree to indemnify us in full and such losses may be recovered by way of either price or goods weight reductions; or

(b) Require you to promptly make available for collection or to deliver sufficient Goods which correspond to the Contract to comply with the quantity required, with any and all extra costs associated with the completion of the contract borne solely by you.

4.4 – If for any reason we are unable to arrange collection or accept delivery of the Goods on the collection / delivery Date we shall notify you accordingly and, in such event, you shall store the Goods at your expense and shall safeguard the Goods and take all reasonable steps to prevent their deterioration until the actual collection or delivery can be made.

4.5 – To satisfy export requirements (where applicable) we will require loading photographs of the Goods to be supplied to us at your expense in a digital format, sent to Us by electronic mail on the same day of the collection / delivery date.

4.6 – After collection or delivery of the goods, we will provide to you the necessary information such as weighbridge tickets, waste transfer notes, monthly weight reports, monthly self-bill bill reports et al as is required by you to meet your responsibilities as described in the contract. Such information shall be provided to you in a timely manner after the requirements of the contract have been fully satisfied or as where appropriate, every month we receive the goods from you or any other time period as is agreed by you and us and your receipt of either a weight ticket, waste transfer note, monthly weight report or monthly self-bill bill report constitutes proof of receipt of the goods by us.

4.7 – To satisfy export requirements (where applicable) we will require the completion of Annex 7 forms by you for each trailer / container loaded, to be supplied to us at your expense in a digital format, sent to us on the same day of the collection / delivery date. We will supply the blank Annex 7 forms to you in the case of any loads which we purchase from you, generally no later than 24 hours before the agreed collection / delivery Date, however this may vary from time to time. If you fail to provide a completed Annex 7 form to us on the same day of the collection / delivery date (whichever comes first) you shall be liable for all loss and damage incurred by us and shall fully indemnify us and keep us fully indemnified against all loss directly or indirectly arising out any failure to provide the completed Annex 7 forms.

5.Price and payment

5.1 – Unless otherwise agreed and specified the Price is inclusive of all packaging, insurance, transportation and delivery / collection costs to the Delivery Address. Title and property of the Goods shall pass to us upon collection / delivery of the Goods, however all risk, damage and loss related to the goods shall remain yours and you will indemnify us fully for all losses associated with the goods however incurred, until delivery of the goods is completed without complaint or claims by us and such losses may be recovered by way of either price or goods weight reductions.

5.2 – Subject to any special terms agreed in writing between us and you, payment for the Goods is due 30 days after the end of month the goods were received and subject to either issue of a self-bill invoice by us to you or as may be agreed, on receipt of a suitable invoice from you, following delivery of the Goods to the Delivery Address.

5.3 – Where it has been agreed that you will invoice us for the goods, suitable invoices from you to us must clearly specify the enclosed details before they will be paid within the payment terms stated in clause 5.2 previous:

• Container number (Where applicable)
• Trailer number (Where applicable)
• Seal number (Where applicable)
• Grade of material / goods sold
• Price per ton agreed for the goods
• Purchase Order number(s) (where applicable)
• Weighbridge ticket number
• Consignment number (Where applicable)
• Other information as required by us (where applicable)

5.4 – We may at our absolute discretion set off against and deduct from any payment due to you under the Contract, the amount of any sum which is or is about to be due from us to you whether in relation to the Contract or otherwise.

5.5 – You may not under any circumstances set off against and / or deduct from any payment due to us by you under the Contract, the amount of any sum which is or is about to be due from you to us whether in relation to the Contract or otherwise.

5.6 – Except as otherwise provided and unless otherwise agreed by us, you acknowledge and agree that all Goods supplied by you to us under the Contract or otherwise, will be paid for based on our weight. We reserve the right to deduct or offset any sum due to you, in respect of weight discrepancies between that supplied on your weight ticket and that weight ticket supplied by us.

5.7 – Disputes issued by us pertaining to any invoice received from you relating to the provision of Goods under any contract agreed by us or otherwise, will be acknowledged and accepted by you provided that said the dispute is issued by us within 45 days of us receiving your invoice.

6. Warranties, Liabilities and regulatory requirements.

6.1 – The Goods supplied by You shall be in accordance with the relevant British European and / or International Standard and in accordance with the Highlander International Recovered Materials Load Standards and material quality specifications document, of which will take precedence at all times during any contracts agreed between Us. You shall ensure that all the Goods are of the very best quality and fit for the purposes for which we intend the Goods. We do reserve the right to make any changes in specification to the Goods which are required to conform with any applicable safety, quality or other statutory requirement or (where the Goods are supplied to Our specification) which do not materially affect their quality or performance.

6.2 – You shall be liable for ensuring all specifications and instructions (“Specification(s)”) issued by us to you are met with any Order or pursuant to the Contract and you shall fully indemnify us and keep us fully indemnified against all loss directly or indirectly arising out of any error or any failure by you to meet the requirements of such aforementioned standards or specifications.

6.3 – Where you agree to supply Goods to our specified quality, you warrant that the Goods will comply in all material respects with the quality specified in the Purchase Order and / or the Highlander International Recovered Materials Load Standards and material quality specifications document. Any variations in the quality of the goods supplied by you as set out in clause

6.4 – (a)-(c) inclusive, or any variations in the quality of goods supplied by you compared to the Highlander International Recovered Materials Load Standards and material quality specifications document, will be deemed as to be a breach the Contract by you, while not withstanding the provisions and our rights detailed in clauses 1.20 and 1.21 of this contract. 6.4 You shall remain liable for ensuring the quantity and quality of the Goods meet the requirements of the contract until such time as we have accepted the Goods at the delivery Address or any of our premises. In particular:-

(a) You shall ensure that all Goods are delivered to the Delivery Address air-dry within a variance not exceeding twelve percent moisture (12%) per bale or the moisture level as detailed in the Highlander International Recovered Materials Load Standards and material quality specifications document.

(b) Where the Goods supplied by you have a moisture content in excess of twelve percent (12%) per bale or as detailed in the Highlander International Recovered Materials Load Standards and material quality specifications document, you acknowledge and agree that we reserve the right in our absolute discretion to reject the load and / or make a claim against you on the excess moisture and that you shall bear all costs and expenses associated with any such rejection and / or claim(s). In all cases and without exception, any moisture readings supplied by us as part of any claim, will take precedence over any moisture readings as supplied by you.

(c) Where the Goods supplied by you have a gross and / or net loading weight in excess of that allowed by law (as stipulated by all relevant local and international legislation in respect of the transport of goods) or as required by us and advised accordingly on our purchase order, you acknowledge and agree that you shall be liable for, and indemnify us against any costs pertaining to any issues arising from supply of the goods by you, which exceed the gross and / or net weights as stipulated.

(d) Unless agreed otherwise by us before loading or collection, where the Goods supplied by you have a short loading weight in respect of the minimum weight detailed in the Purchase Order, or if the container / trailer has been loaded below it’s normal capacity, you acknowledge and agree that you shall be liable to pay to us a low weight surcharge on the Goods of which the amount of the surcharge will be on a pro-rata basis taking into account the weight of the goods received, the maximum capacity and / or weight allowed to be loaded into the container / trailer and the costs of providing the collection of the goods.

(e) You shall ensure that the correct grades of Recovered material are loaded onto the correct trailer / container. We reserve the right in our absolute discretion to make a claim against you in cases where you have loaded incorrect material into the trailer / container provided by us for Goods specified on the Purchase Order, which may include, but not be limited to, all transport, freight, shipping, handling, re-baling, shredding, recycling, disposal, insurance et al involved in the resolution of problems arising from you loading incorrect materials into containers as part of this contract, or otherwise.

(f) We shall be entitled to raise additional charges to you in the event that access to the delivery address for the container / trailer to perform the collection of the goods is not possible, for any reason and a wasted journey is incurred by us due to this lack of access and you will indemnify us accordingly for this loss.

6.5 – Where the Goods supplied by you do not conform to the quantity and / or quality of the Contract specifications in the Purchase Order and / or the standards set out in any part of this clause 6 and / or the Highlander International Recovered Materials Load Standards and material quality specifications document, you acknowledge and agree that we reserve the right in our absolute discretion to:-

(A) have the Goods (or such a proportion of the Goods as notified as failing to conform to the Contract specification) replaced free of charge to us;

(b) Cancel the Contract without liability to us, whereupon you shall promptly refund any sums paid in respect of the Price and where required, you shall collect the non-conforming Goods if already collected / delivered;

(c) Make a claim against you on any discrepancy in quality and / or quantity and you shall bear all costs and expenses associated with any such rejection, cancellation and / or claim(s).

(d) In all cases and without exception, any quality and / or non-conformance reports or similar documents supplied by us as part of any claim against you, which detail the quality of recovered materials supplied by you to us as part of this contract or otherwise, will take precedence over any quality and / or nonconformance reports or similar documents as supplied by you.

6.6 – All risk in and all removal of and other costs associated with and Goods rejected by us pursuant to any part of clause 6, will be borne by you with immediate effect from the notice of rejection of any goods supplied by you to us as part of this contract or otherwise and you shall fully indemnify us against all such costs in their entirety and such costs may be recovered by way of either price or goods weight reductions or by way of set off, pursuant to the stipulations of clauses 5.4 & 5.6.

6.7 – We shall notify you in writing (enclosing supporting evidence where we consider it appropriate) of any such discrepancy in, or failure to conform with the relevant quantity, quality or standard as advised to you, as soon as is practicable and there will be no time limit attached to any claims against you by us resulting from the supply of non-conforming goods by you as part of this contract or otherwise. 6.8 You shall ensure that all trailers / containers used in the transit of the Goods:-

(a) Shall be loaded to their maximum capacity and where applicable and at our absolute discretion, this capacity shall be stated by us in the Purchase Order;

(b) Shall be loaded to and not above the maximum legal capacity. We shall not be liable for and you shall fully indemnify us against any direct or indirect claim loss or damage howsoever arising from trailers / containers exceeding the maximum legal capacity or weight allowed, within the jurisdiction the goods are being carried.

6.9 – You shall ensure that the Goods comply fully with all relevant legislation bylaws or regulations (including but not limited to Health and Safety legislation, by-laws or regulations, TFS regulations, duty of care regulations et al.) applicable in the United Kingdom and the European Union or elsewhere in relation to the destination of the goods. In the event that we notify you (in the Purchase Order or otherwise) that the Goods are intended for supply to another country or jurisdiction then you shall ensure that the Goods comply with all relevant legislation, by-laws, or regulations (including but not limited to Health and Safety legislation by-laws or regulations, TFS regulations, duty of care regulations et al.) applicable in that country or jurisdiction.

6.10 – You warrant that you are fully aware of and (in respect of the Goods) fully comply with the requirements of all relevant laws of the European Union and other legislation, regulations, or by-laws in force (as amended from time to time) at the date of your collection and / or delivery of the Goods including (but not limited to) laws of the European Union, legislation regulations or bylaws known specifically as or generically referred to as:-

(a) Transfrontier Shipment of Waste Regulations (TFS);
(b) Producer Responsibility Obligations;
(c) Environmental Protection Act / Duty of Care;
(d) Environmental Agency Registered Waste Broker / Carrier;
(e) Council Regulation (EEC) No. 259/93 of 1 February 1993 6.11 You acknowledge that, unless otherwise agreed in writing, You are not entitled to claim PERNs / PRNs on any United Kingdom-sourced packaging waste that You supply to Us within the Goods.

6.12 – The Goods shall be marked or branded in accordance with our instructions and all lawful requirements, and be properly packed and secured for collection and delivery to us in an undamaged condition. Further, you shall ensure that all Goods provided by you under the Contract are prepared for transit and packaged, presented, secured and loaded in trailers / containers in line with the Highlander International Recovered Materials Load Standards and material quality specifications document and at all times in accordance with applicable Health and Safety legislation by-laws or regulations applicable in that country, jurisdiction or otherwise. We shall not be liable for any direct or indirect claim, loss or damage howsoever arising from the transit of the Goods. It is your responsibility to ensure that all relevant information to ensure compliance with this clause is requested from us, in the event that such information is not made available at the time of our placing the Purchase Order with you.

6.13 – You shall permit us to inspect and test the Goods at the collection / delivery address or any of other premises (whichever is appropriate at the time). In the event we are not reasonably satisfied that the Goods comply in all material respects with the Contract, and / or the standards set out in any part of clause 6 of these terms, and / or the Purchase Order and / or the Highlander International Recovered Materials Load Standards and material quality specifications document, you without extra cost to us shall use all reasonable steps to ensure due compliance.

6.14 – You shall remain fully liable to us for the performance of the Contract notwithstanding that any part of it (whether or not with our consent or knowledge) is subcontracted. You shall ensure that all property and all materials comprised in the Goods (including all packaging) obtained by you from third parties passes to us in accordance with clause 6.1 previous.

6.15 – You shall take all reasonable steps to ensure that performance of the Contract does not result in personal injury and / or damage to any property or environment, or of any persons. You must promptly give us full information about any risk of such damage which at any time you believe to exist in relation to the transportation and storage, handling or use of any Goods supplied, or any other risk associated with the execution of this contract, or otherwise. All of your personnel or agents or subcontractors must comply with all reasonable safety instructions whilst on any of our premises. You shall fully indemnify us immediately on demand from time to time against any loss, claim, liability or expense suffered by reason of the personal injury, or death, or loss, or damage of property (including pecuniary loss whether directly or consequentially suffered) to any person resulting wholly or in part, from any act or default by you, your agents, your subcontractors or any other personnel.

6.16 – You shall ensure that you are insured on terms acceptable to us from time to time, against all risks of liability for anyone’s death, personal injury or loss or damage to property (including pecuniary loss whether directly or consequentially suffered) to any person resulting wholly or in part, from any act or default by you, your agents, your subcontractors or any other personnel.

7. Rejection and cancellation

7.1 – We may cancel the Contract at any time prior to collection or delivery of the Goods by giving notice of cancellation at least one (1) working day before the collection / delivery date (whichever comes first). On giving such notice, you shall promptly refund to us any sums paid in respect of the Price. We shall not be liable for any loss or damage whatsoever arising from such cancellation by us.

7.2 – In the event the Goods (or any part of them) fail in any respect to conform to the Contract specification, we may at our option either:

(a) reject the Goods by giving notice to you, of the relevant breach of Contract; or
(b) Reject such proportion of the Goods as fail to conform to the Contract specification by giving notice to you, of the relevant breach of Contract.

7.3 – Our exercise of any rights under this clause is without prejudice to any other rights which we may have against you and none of our rights will be adversely affected or deemed to have been waived by any inspection, approval or acceptance of any Goods by us prior to our discovery of any breach of Contract to which that right might apply.

7.4 – Without prejudice to any other right or remedy available to us, we shall be entitled to cancel the Contract without any liability on our part at any time in the event that:

(a) You make any voluntary arrangement with creditors or becomes subject to an Administration Order or (being an individual or a firm) becomes bankrupt or goes into liquidation (otherwise for the purposes amalgamation or reconstruction);
(b) An encumbrance takes possession of or a receiver is appointed over any of your property or assets;
(c) You cease or threaten to cease to carry on business;
(d) You breach any of the Conditions;
(e) We reasonably apprehend that any of the events mentioned above is about to occur in relation to you and notify you accordingly.

8. Media/marketing communications

For all media communication:-

8.1 – Made by us or you where references are made to any of the services provided by us to you or vice versa within the Contract or otherwise, then you will incorporate our name and or logo and vice versa.

8.2 – The approval for the use or inclusion of our name or logos is to be gained from us by you and vice versa, but will not be unreasonably withheld by either you or us.

8.3 – Any use of our name and / or logo must use only artwork supplied by us to you and vice versa as appropriate.

9. Intellectual Property

9.1 – Any intellectual property created by us in the course of the performance of the Contract or otherwise in the design, manufacture or supply of or otherwise in relation to the Goods or the provision of services related to the supply of goods, shall remain the property of us. Nothing in these Conditions shall be deemed to have given you a licence or any other right to use any of the intellectual property belonging to us.

9.2 – All logos, trade name or trademarks owned or used by us in the course of its business are the property of us. We reserve all intellectual property rights in relation to the use of such logos, trade name or trademarks. You may not use, or permit the use of, such logos, trade name or trademarks or any similar logos, trade name or trademarks without the prior written permission of us.

10. Force Majeure

10.1 – We shall not be in breach of the Contract or otherwise be liable for any failure or delay to purchase the Goods and/or supply the Services arising from circumstances outside our reasonable control including, but not limited to, acts of God, governmental actions or regulations, national emergency, acts of terrorism, protests, riot, civil commotion, strikes, lock-outs, other labour disputes (whether or not relating to either party’s workforce), accidents, war, fire, explosion, flood, epidemic, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery, shortage or unavailability of recovered materials, sudden drops in market conditions and the price of the goods, or restraints or delay.

11. Law & jurisdiction

11.1 – The Contract and any issues, disputes or claims arising out of or in connection with it (whether contractual or non-contractual in nature such as claims in tort, from breach of statute regulation or otherwise) shall be governed by, and construed in accordance with, Scottish law at the entire exclusion of all other statute, regulation or otherwise.

11.2 – All disputes or claims arising out of or in relation to the Contract shall be subject to the exclusive jurisdiction of the Scottish courts to which you and us irrevocably submit.

1. Definitions

1.1 – Us/We/Our means Highlander International Recycling or Highlander International Recycling (Ireland) Limited, of postal address 7-10 Linwood Avenue. East Kilbride, Glasgow G74 5NR.

1.2 – Conditions means the conditions or purchase set out in this document and any special terms and conditions provided in writing to you, by us.

1.3 – Contract means the contract for the purchase of the Goods by us, from you.

1.4 – You/Your means the person, firm or company selling or agreeing to sell Goods to us in accordance with the Conditions.

1.5 – Goods means all recovered materials or any part thereof (together with any services) that we agree to purchase from you as detailed on the Purchase Order or as may be detailed to you by other methods, which may include but not be limited to, email, official quotation letter, in our Duty of care / Waste transfer Note / Waste Recycling or Security Shredding agreement, or by any other method which allows the details of the goods to be provided to you, prior to the purchase.

1.6 – Price means the price of the Goods as set out in the Purchase Order, excluding VAT (where applicable) or as may be set out to you by other methods, which may include but not be limited to, email, official quotation letter, our Duty of care / Waste transfer Note / Waste Recycling or Security Shredding agreement, or by any other method which allows the price of the goods to be provided to you prior to purchase. The price of the goods may vary in line with the market conditions prevailing at the time and we reserve the right to vary the price of the goods by providing you with no less than 24 hours’ notice of the price change in writing.

(a) The price of the goods may from time to time and as may be advised by us, be at zero value meaning no funds will be transferred from us to you apropos the execution of the contract, however this will not affect the interpretation or enforcement of these terms and conditions, in whole or in part at any time.

1.7 – Purchase Order means our uniquely numbered official written order, or can mean the order as may be detailed to you for the Goods by way of email, official quotation letter, our Duty of care / Waste transfer Note / Waste Recycling or Security Shredding agreement, or by any other method which allows the order for the goods to be provided to you prior to purchase, as provided to you by us that shall include, but not be limited to any information where required relating to descriptions, specifications, quality requirements, loading requirements, transport provisions, legal requirements and / or special instructions relating to the Goods as deemed appropriate by us.

1.8 – Collection / Delivery Date mean’s the date specified by us when the Goods are to be delivered to us, or collected by us or by our nominated transport contractors.

1.9 – Collection / Delivery Address means the place of collection / delivery of the Goods as set out in the Purchase Order, or as otherwise agreed, in writing.

1.10 – Recovered materials shall mean waste paper for recycling at the collection / delivery address or as otherwise advised by us, provided in various different forms and storage receptacles, including but not limited to loose, baled, pallets, tubs, cages, bundles, bins, containers et al which can either be collected by us, or delivered by you. The recovered materials exact quality specifications can be viewed in the Highlander International Recovered Materials Load Standards and material quality specifications, for recovered materials (Dated as March 2019, copies of which can be provided by us, on request).

1.11 – Highlander International Recovered Materials Load Standards and material quality specifications shall mean the document provided by us which will regulate the specification and the quality of the goods provided by you to us as part of the contract. The Highlander International Recovered Materials Load Standards and material quality specifications shall apply to the contract to the exclusion of all other specification and quality documentation including any specification and quality documentation which you may purport to apply under your sales order or similar document, or by any other communication.

1.12 – Charge shall mean the price paid by us to you or vice versa where specified on the Purchase Order, and can include but is not limited to the collection of recovered materials, baling charges, shredding charges, handling charges, administration charges, collection and disposal of General Waste or for quality, moisture or weight discrepancy claims on recovered materials and any other bone fide costs incurred by us resulting from the execution of this contract. We may set off against and deduct from any payment due to you, any charges as described above, from the amount of any sum which is or is about to be due to you from us, whether in relation to the Contract or otherwise.

1.13 – Collection contractor shall mean us or a company / organisation nominated and contracted by us to provide a service of collection of recovered materials from your collection / delivery address, where specified on the Purchase Order and contract, which shall clearly state whether you or us are liable for the costs of providing said collection contractor.

1.14 – Normal hours shall mean 0800 hours to 1700 hours Monday to Friday.

1.15 – Trailer / container shall mean a trailer or container or other collection or delivery receptacle capable of holding and transporting recovered materials.

Any reference to an enactment is a reference to it as already amended and includes a reference to any repealed enactment which it may re-enact with or without amendment and to any future re-enactment and / or amendment of it whether taking effect before or after the date of these terms and conditions of business, but so that any retrospective legislation shall increase your liability hereunder.

1.17 – The headings used in these terms and conditions and the Schedules hereto are inserted for convenience only and shall not affect construction or interpretation at any time.

1.18 – Words and expressions used herein importing the singular number shall include the plural number and vice versa and importing one gender shall include any other and all typographical and clerical errors are subject to correction.

1.19 – Any reference to a clause or schedule shall be a reference to such clause or schedule of these terms and conditions of business.

1.20 – No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or other contract.

1.21 – No failure by us to exercise any power given to us, or to insist upon strict compliance by you with any obligation hereunder and no custom or practice of the parties at variance with the terms hereunder shall constitute any waiver of any of our rights under the Contract.

1.22 If any provision(s) of these Conditions is (are) held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby and the invalid provisions shall be replaced or the gaps shall be filled by appropriate regulations.

1.23 – Any notice under these Conditions shall be properly given if in writing and sent by first class post, telex, e-mail or facsimile to the address of the intended recipient as stated in the contract or to such address as we and you from time to time notify to each other as their respective addresses for service.

1.24 – Except as otherwise expressly provided, nothing in this Contract shall confer on any third party any benefit or the right to enforce any terms of this Contract.

1.25 – You shall not assign the benefit of this or any other Contract agreed with us, without our prior written consent.

1.26 – The GDPR (General Data Protection Regulations) requires us to advise you that your personal information voluntarily submitted in the course of instructing us to purchase the Goods are held on our database(s). Unless requested not to do so we may, from time to time, use these details to send you information we believe may be of interest you.

1.27 – We reserve the right to assign the benefit of the Contract by prior written notice to you.

2. Conditions Applicable and Orders:

2.1 – The Conditions shall apply to the Contract to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under your sales order or similar document or by any other means.

2.2 – No variation to the Conditions (including any special terms and conditions agreed between the parties) shall be binding unless agreed in writing between a director or senior manager of us and representative of you.

2.3 – Despatch, collection or delivery of the Goods from you to us shall be deemed conclusive evidence of your acceptance of the Conditions contained herein and to the exclusion of all other terms and conditions including any purported to apply under your sales order or similar document, or by any other communication.

2.4 – Except as otherwise provided, no Purchase Order which has been accepted by you may be cancelled by you except with our agreement in writing and on terms that you shall indemnify us in full against all loss (including loss of profit) costs, damages, charges and expenses incurred by us as a result of the cancellation by you.

2.5 – We reserve the right to cancel the Contract by prior written notice to you, giving You no less than 24 hours notice before the goods are due to be collected or delivered to the collection / delivery address, with no obligation on us to indemnify you against any loss, howsoever incurred by you as a result of this cancellation.

2.6 – You acknowledge that it shall be your responsibility to notify us of all governmental statutory local authority requirements (or other requirements) relating to the supply of the Goods to us, of which you are aware (or in respect of which it is reasonable for you to be aware).

3. Grant of rights

In consideration of the service to be provided by us to you and for the goods to be provided by you to us for the execution of any contract agreed, hereinafter you hereby grant rights unto us to:

3.1 – Provide suitable trailers / containers for the collection / delivery of Recovered materials from the collection / delivery address on the agreed collection / delivery dates.

3.2 – To access the collection / delivery address during Normal Hours or vice versa with our vehicles or those of our collection contractors or vice versa, for the purposes of undertaking our or your obligations in accordance with the agreed contract between us and you.

4. Delivery Collection

4.1 – Delivery or collection of the Goods shall be made to the delivery / collection address as advised by you and confirmed in our Purchase Order, by the delivery / collection date, as agreed between us and you.

4.2 – Punctual collection / delivery of the Goods is the essence of the Contract. If you fail to make available for collection or fail to deliver (or know or suspect that you will fail to make available for collection or fail to deliver) all the Goods in accordance with the Contract to the collection / delivery address on the collection / delivery date, then without prejudice to any other right or remedy available to us:- (a) You shall notify us forty-eight hours (48 hrs) prior to the collection / delivery date of your pending failure or suspected pending failure to deliver or make available for collection the goods to the collection / delivery address on the collection / delivery date; (b) Subject to our notification to you and at our sole discretion (irrespective of whether or not we receive from you the notice required under clause 4.2(a) previous) we may terminate the Contract by giving notice to you. In this event without prejudice to our other remedies, we reserve the right to instruct you to promptly collect at your expense (including but not limited to all sea and / or road transit charges levied) any Goods which have already been collected / delivered, relating to the contract or otherwise with all other related cancellation costs being borne solely by you.

4.3 – Where collection or delivery of a quantity of the Goods which correspond to the Contract which is less than the agreed quantity has been tendered and we have not exercised our right of termination under clause 4.2(b) previous we may:-

(a) Accept the previously collected / delivered Goods which correspond to the Contract and recover from you any losses incurred by us as a result of your breach in respect of the failure to make available for collection or deliver the remainder of the Goods, which you agree to indemnify us in full and such losses may be recovered by way of either price or goods weight reductions; or

(b) Require you to promptly make available for collection or to deliver sufficient Goods which correspond to the Contract to comply with the quantity required, with any and all extra costs associated with the completion of the contract borne solely by you.

4.4 – If for any reason we are unable to arrange collection or accept delivery of the Goods on the collection / delivery Date we shall notify you accordingly and, in such event, you shall store the Goods at your expense and shall safeguard the Goods and take all reasonable steps to prevent their deterioration until the actual collection or delivery can be made.

4.5 – To satisfy export requirements (where applicable) we will require loading photographs of the Goods to be supplied to us at your expense in a digital format, sent to Us by electronic mail on the same day of the collection / delivery date.

4.6 – After collection or delivery of the goods, we will provide to you the necessary information such as weighbridge tickets, waste transfer notes, monthly weight reports, monthly self-bill bill reports et al as is required by you to meet your responsibilities as described in the contract. Such information shall be provided to you in a timely manner after the requirements of the contract have been fully satisfied or as where appropriate, every month we receive the goods from you or any other time period as is agreed by you and us and your receipt of either a weight ticket, waste transfer note, monthly weight report or monthly self-bill bill report constitutes proof of receipt of the goods by us.

4.7 – To satisfy export requirements (where applicable) we will require the completion of Annex 7 forms by you for each trailer / container loaded, to be supplied to us at your expense in a digital format, sent to us on the same day of the collection / delivery date. We will supply the blank Annex 7 forms to you in the case of any loads which we purchase from you, generally no later than 24 hours before the agreed collection / delivery Date, however this may vary from time to time. If you fail to provide a completed Annex 7 form to us on the same day of the collection / delivery date (whichever comes first) you shall be liable for all loss and damage incurred by us and shall fully indemnify us and keep us fully indemnified against all loss directly or indirectly arising out any failure to provide the completed Annex 7 forms.

5. Price and Payment

5.1 – Unless otherwise agreed and specified the Price is inclusive of all packaging, insurance, transportation and delivery / collection costs to the Delivery Address. Title and property of the Goods shall pass to us upon collection / delivery of the Goods, however all risk, damage and loss related to the goods shall remain yours and you will indemnify us fully for all losses associated with the goods however incurred, until delivery of the goods is completed without complaint or claims by us and such losses may be recovered by way of either price or goods weight reductions.

5.2 – Subject to any special terms agreed in writing between us and you, payment for the Goods is due 30 days after the end of month the goods were received and subject to either issue of a self-bill invoice by us to you or as may be agreed, on receipt of a suitable invoice from you, following delivery of the Goods to the Delivery Address.

5.3 – Where it has been agreed that you will invoice us for the goods, suitable invoices from you to us must clearly specify the enclosed details before they will be paid within the payment terms stated in clause 5.2 previous: • Container number (Where applicable) • Trailer number (Where applicable) • Seal number (Where applicable) • Grade of material / goods sold • Price per ton agreed for the goods • Purchase Order number(s) (where applicable) • Weighbridge ticket number • Consignment number (Where applicable) • Other information as required by us (where applicable)

5.4 – We may at our absolute discretion set off against and deduct from any payment due to you under the Contract, the amount of any sum which is or is about to be due from us to you whether in relation to the Contract or otherwise.

5.5 – You may not under any circumstances set off against and / or deduct from any payment due to us by you under the Contract, the amount of any sum which is or is about to be due from you to us whether in relation to the Contract or otherwise.

5.6 – Except as otherwise provided and unless otherwise agreed by us, you acknowledge and agree that all Goods supplied by you to us under the Contract or otherwise, will be paid for based on our weight. We reserve the right to deduct or offset any sum due to you, in respect of weight discrepancies between that supplied on your weight ticket and that weight ticket supplied by us.

5.7 – Disputes issued by us pertaining to any invoice received from you relating to the provision of Goods under any contract agreed by us or otherwise, will be acknowledged and accepted by you provided that said dispute is issued by us within 45 days of us receiving your invoice.

6. Warranties and liabilities and regulatory requirements

6.1 – The Goods supplied by You shall be in accordance with the relevant British European and / or International Standard and in accordance with the Highlander International Recovered Materials Load Standards and material quality specifications document, of which will take precedence at all times during any contracts agreed between Us. You shall ensure that all the Goods are of the very best quality and fit for the purposes for which we intend the Goods. We do reserve the right to make any changes in specification to the Goods which are required to conform with any applicable safety, quality or other statutory requirement or (where the Goods are supplied to Our specification) which do not materially affect their quality or performance.

6.2 – You shall be liable for ensuring all specifications and instructions (“Specification(s)”) issued by us to you are met with any Order or pursuant to the Contract and you shall fully indemnify us and keep us fully indemnified against all loss directly or indirectly arising out of any error or any failure by you to meet the requirements of such aforementioned standards or specifications.

6.3 – Where you agree to supply Goods to our specified quality, you warrant that the Goods will comply in all material respects with the quality specified in the Purchase Order and / or the Highlander International Recovered Materials Load Standards and material quality specifications document. Any variations in the quality of the goods supplied by you as set out in clause  6.4 (a)-(c) inclusive, or any variations in the quality of goods supplied by you compared to the Highlander International Recovered Materials Load Standards and material quality specifications document, will be deemed as to be a breach the Contract by you, while not withstanding the provisions and our rights detailed in clauses 1.20 and 1.21 of this contract.

6.4 – You shall remain liable for ensuring the quantity and quality of the Goods meet the requirements of the contract until such time as we have accepted the Goods at the delivery Address or any of our premises. In particular:-

(a) You shall ensure that all Goods are delivered to the Delivery Address air-dry within a variance not exceeding twelve percent moisture (12%) per bale or the moisture level as detailed in the Highlander International Recovered Materials Load Standards and material quality specifications document.

(b) Where the Goods supplied by you have a moisture content in excess of twelve percent (12%) per bale or as detailed in the Highlander International Recovered Materials Load Standards and material quality specifications document, you acknowledge and agree that we reserve the right in our absolute discretion to reject the load and / or make a claim against you on the excess moisture and that you shall bear all costs and expenses associated with any such rejection and / or claim(s). In all cases and without exception, any moisture readings supplied by us as part of any claim, will take precedence over any moisture readings as supplied by you.

(c) Where the Goods supplied by you have a gross and / or net loading weight in excess of that allowed by law (as stipulated by all relevant local and international legislation in respect of the transport of goods) or as required by us and advised accordingly on our purchase order, you acknowledge and agree that you shall be liable for, and indemnify us against any costs pertaining to any issues arising from supply of the goods by you, which exceed the gross and / or net weights as stipulated.

(d) Unless agreed otherwise by us before loading or collection, where the Goods supplied by you have a short loading weight in respect of the minimum weight detailed in the Purchase Order, or if the container / trailer has been loaded below it’s normal capacity, you acknowledge and agree that you shall be liable to pay to us a low weight surcharge on the Goods of which the amount of the surcharge will be on a pro-rata basis taking into account the weight of the goods received, the maximum capacity and / or weight allowed to be loaded into the container / trailer and the costs of providing the collection of the goods.

(e) You shall ensure that the correct grades of Recovered material are loaded onto the correct trailer / container. We reserve the right in our absolute discretion to make a claim against you in cases where you have loaded incorrect material into the trailer / container provided by us for Goods specified on the Purchase Order, which may include, but not be limited to, all transport, freight, shipping, handling, re-baling, shredding, recycling, disposal, insurance et al involved in the resolution of problems arising from you loading incorrect materials into containers as part of this contract, or otherwise.

(f) We shall be entitled to raise additional charges to you in the event that access to the delivery address for the container / trailer to perform the collection of the goods is not possible, for any reason and a wasted journey is incurred by us due to this lack of access and you will indemnify us accordingly for this loss.

6.5 – Where the Goods supplied by you do not conform to the quantity and / or quality of the Contract specifications in the Purchase Order and / or the standards set out in any part of this clause 6 and / or the Highlander International Recovered Materials Load Standards and material quality specifications document, you acknowledge and agree that we reserve the right in our absolute discretion to:-

(A) have the Goods (or such a proportion of the Goods as notified as failing to conform to the Contract specification) replaced free of charge to us;

(b) Cancel the Contract without liability to us, whereupon you shall promptly refund any sums paid in respect of the Price and where required, you shall collect the non-conforming Goods if already collected / delivered;

(c) Make a claim against you on any discrepancy in quality and / or quantity and you shall bear all costs and expenses associated with any such rejection, cancellation and / or claim(s).

(d) In all cases and without exception, any quality and / or non-conformance reports or similar documents supplied by us as part of any claim against you, which detail the quality of recovered materials supplied by you to us as part of this contract or otherwise, will take precedence over any quality and / or nonconformance reports or similar documents as supplied by you.

6.6 – All risk in and all removal of and other costs associated with and Goods rejected by us pursuant to any part of clause 6, will be borne by you with immediate effect from the notice of rejection of any goods supplied by you to us as part of this contract or otherwise and you shall fully indemnify us against all such costs in their entirety and such costs may be recovered by way of either price or goods weight reductions or by way of set off, pursuant to the stipulations of clauses 5.4 & 5.6.

6.7 – We shall notify you in writing (enclosing supporting evidence where we consider it appropriate) of any such discrepancy in, or failure to conform with the relevant quantity, quality or standard as advised to you, as soon as is practicable and there will be no time limit attached to any claims against you by us resulting from the supply of non-conforming goods by you as part of this contract or otherwise.

6.8 – You shall ensure that all trailers / containers used in the transit of the Goods:-
(a) Shall be loaded to their maximum capacity and where applicable and at our absolute discretion, this capacity shall be stated by us in the Purchase Order;
(b) Shall be loaded to and not above the maximum legal capacity. We shall not be liable for and you shall fully indemnify us against any direct or indirect claim loss or damage howsoever arising from trailers / containers exceeding the maximum legal capacity or weight allowed, within the jurisdiction the goods are being carried.

6.9 – You shall ensure that the Goods comply fully with all relevant legislation bylaws or regulations (including but not limited to Health and Safety legislation, by-laws or regulations, TFS regulations, duty of care regulations et al.) applicable in the United Kingdom and the European Union or elsewhere in relation to the destination of the goods. In the event that we notify you (in the Purchase Order or otherwise) that the Goods are intended for supply to another country or jurisdiction then you shall ensure that the Goods comply with all relevant legislation, by-laws, or regulations (including but not limited to Health and Safety legislation by-laws or regulations, TFS regulations, duty of care regulations et al.) applicable in that country or jurisdiction.

6.10 – You warrant that you are fully aware of and (in respect of the Goods) fully comply with the requirements of all relevant laws of the European Union and other legislation, regulations, or by-laws in force (as amended from time to time) at the date of your collection and / or delivery of the Goods including (but not limited to) laws of the European Union, legislation regulations or bylaws known specifically as or generically referred to as:-

(a) Transfrontier Shipment of Waste Regulations (TFS);
(b) Producer Responsibility Obligations;
(c) Environmental Protection Act / Duty of Care;
(d) Environmental Agency Registered Waste Broker / Carrier;
(e) Council Regulation (EEC) No. 259/93 of 1 February 1993 6.11 You acknowledge that, unless otherwise agreed in writing, You are not entitled to claim PERNs / PRNs on any United Kingdom-sourced packaging waste that You supply to Us within the Goods.

6.12 – The Goods shall be marked or branded in accordance with our instructions and all lawful requirements, and be properly packed and secured for collection and delivery to us in an undamaged condition. Further, you shall ensure that all Goods provided by you under the Contract are prepared for transit and packaged, presented, secured and loaded in trailers / containers in line with the Highlander International Recovered Materials Load Standards and material quality specifications document and at all times in accordance with applicable Health and Safety legislation by-laws or regulations applicable in that country, jurisdiction or otherwise. We shall not be liable for any direct or indirect claim, loss or damage howsoever arising from the transit of the Goods. It is your responsibility to ensure that all relevant information to ensure compliance with this clause is requested from us, in the event that such information is not made available at the time of our placing the Purchase Order with you.

6.13 – You shall permit us to inspect and test the Goods at the collection / delivery address or any of other premises (whichever is appropriate at the time). In the event we are not reasonably satisfied that the Goods comply in all material respects with the Contract, and / or the standards set out in any part of clause 6 of these terms, and / or the Purchase Order and / or the Highlander International Recovered Materials Load Standards and material quality specifications document, you without extra cost to us shall use all reasonable steps to ensure due compliance.

6.14 – You shall remain fully liable to us for the performance of the Contract notwithstanding that any part of it (whether or not with our consent or knowledge) is subcontracted. You shall ensure that all property and all materials comprised in the Goods (including all packaging) obtained by you from third parties passes to us in accordance with clause 6.1 previous.

6.15 – You shall take all reasonable steps to ensure that performance of the Contract does not result in personal injury and / or damage to any property or environment, or of any persons. You must promptly give us full information about any risk of such damage which at any time you believe to exist in relation to the transportation and storage, handling or use of any Goods supplied, or any other risk associated with the execution of this contract, or otherwise. All of your personnel or agents or subcontractors must comply with all reasonable safety instructions whilst on any of our premises. You shall fully indemnify us immediately on demand from time to time against any loss, claim, liability or expense suffered by reason of the personal injury, or death, or loss, or damage of property (including pecuniary loss whether directly or consequentially suffered) to any person resulting wholly or in part, from any act or default by you, your agents, your subcontractors or any other personnel.

6.16 – You shall ensure that you are insured on terms acceptable to us from time to time, against all risks of liability for anyone’s death, personal injury or loss or damage to property.

7. Rejection & Cancellation

7.1 – We may cancel the Contract at any time prior to collection or delivery of the Goods by giving notice of cancellation at least one (1) working day before the collection / delivery date (whichever comes first). On giving such notice, you shall promptly refund to us any sums paid in respect of the Price. We shall not be liable for any loss or damage whatsoever arising from such cancellation by us.

7.2 – In the event the Goods (or any part of them) fail in any respect to conform to the Contract specification, we may at our option either:

(a) reject the Goods by giving notice to you, of the relevant breach of Contract; or

(b) Reject such proportion of the Goods as fail to conform to the Contract specification by giving notice to you, of the relevant breach of Contract.

7.3 – Our exercise of any rights under this clause is without prejudice to any other rights which we may have against you and none of our rights will be adversely affected or deemed to have been waived by any inspection, approval or acceptance of any Goods by us prior to our discovery of any breach of Contract to which that right might apply.

7.4 – Without prejudice to any other right or remedy available to us, we shall be entitled to cancel the Contract without any liability on our part at any time in the event that:

(a) You make any voluntary arrangement with creditors or becomes subject to an Administration Order or (being an individual or a firm) becomes bankrupt or goes into liquidation (otherwise for the purposes amalgamation or reconstruction);

(b) An encumbrance takes possession of or a receiver is appointed over any of your property or assets;

(c) You cease or threaten to cease to carry on business;

(d) You breach any of the Conditions;

(e) We reasonably apprehend that any of the events mentioned above is about to occur in relation to you and notify you accordingly.

8. Media/marketing communications

For all media communication:

8.1 – Made by us or you where references are made to any of the services provided by us to you or vice versa within the Contract or otherwise, then you will incorporate our name and or logo and vice versa.

8.2 – The approval for the use or inclusion of our name or logos is to be gained from us by you and vice versa, but will not be unreasonably withheld by either you or us.
8.3 – Any use of our name and / or logo must use only artwork supplied by us to you and vice versa as appropriate.

9. Intellectual property

9.1 – Any intellectual property created by us in the course of the performance of the Contract or otherwise in the design, manufacture or supply of or otherwise in relation to the Goods or the provision of services related to the supply of goods, shall remain the property of us. Nothing in these Conditions shall be deemed to have given you a licence or any other right to use any of the intellectual property belonging to us.

9.2 – All logos, trade name or trademarks owned or used by us in the course of its business are the property of us. We reserve all intellectual property rights in relation to the use of such logos, trade name or trademarks. You may not use, or permit the use of, such logos, trade name or trademarks or any similar logos, trade name or trademarks without the prior written permission of us

10. Force Majeure

10.1 – We shall not be in breach of the Contract or otherwise be liable for any failure or delay to purchase the Goods and/or supply the Services arising from circumstances outside our reasonable control including, but not limited to, acts of God, governmental actions or regulations, national emergency, acts of terrorism, protests, riot, civil commotion, strikes, lock-outs, other labour disputes (whether or not relating to either party’s workforce), accidents, war, fire, explosion, flood, epidemic, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery, shortage or unavailability of recovered materials, sudden drops in market conditions and the price of the goods, or restraints or delays affecting collection contractors or unavailability of trailers / containers.

11. Law & Jurisdiction.

11.1 – The Contract and any issues, disputes or claims arising out of or in connection with it (whether contractual or non-contractual in nature such as claims in tort, from breach of statute regulation or otherwise) shall be governed by, and construed in accordance with, Scottish law at the entire exclusion of all other statutes, regulation or otherwise.

11.2 – All disputes or claims arising out of or in relation to the Contract shall be subject to the exclusive jurisdiction of the Scottish courts to which you and us irrevocably submit.

Please fine enclosed the Highlander International Recycling loading instructions for all material collected from our operations (incl. Site Rules & Regulations)

  1.  Hours of operation (Unloading takes place as follows)

    Monday to Thursday: 7am – 4pm
    Friday: 7am – 2pm
    On occasion unloading may take place out with these times, but only with prior agreement.

  2. Documentation

    Every load must be accompanied with the relevant documentation, including the following information as a minimum:

    – Highlander collection reference.
    – Mill reference.
    – Customer name.
    – Grade specification.
    – Vehicle transfer note (UK movements)
    – Annex vii (International movements)

  3. Booking in

    It is the responsibility of the haulier to ensure that all loads are booked with Highlander prior to collection by calling/emailing either:

    01355 524215

    Quality & Logistics Manager: Lewis Bingham (lewis@highlanderinternational.co.uk)
    Weighbridge: Margaret Bingham (margaret@highlanderinternational.co.uk)

    It is vital that drivers, either collecting or delivering, arrive on time for their allocated booking slot (if applicable). If there are any delays, please inform Highlander as soon as possible.

    Note: Drivers arriving at Highlander without a confirmed collection reference may not be loaded if all the booking slots for that day are already allocated. Highlander cannot be held responsible for any costs incurred by hauliers who have not complied with the requirements of our booking in procedures.
  4. Vehicles/sheeting/strapping

    For all loads collected in curtain-sided vehicles, the material must be secured with a minimum of 16 internal straps (8 per side). Sheets, curtains or straps must not be removed until after the lorry has reached the final unloading point and been instructed to do so by the clamp truck driver.

  5. Safety

    The health and safety and welfare of all personnel will take precedence over all other issues.

    Any dangerous conditions. Incidents or accidents of any kind must be reported immediately to the Highlander personnel responsible for loading or unloading the trailer, they will then contact the appropriate manager to assist.

    All drivers must read and sign to confirm they understand the site rules for recovered paper collections or deliveries when requested to do so. These must be followed at all times or the driver risks permanent removal from the site. Any costs incurred by the removal of any driver from the site as a result of non-compliance with the site safety rules cannot be attributed to Highlander International at any time.

    Whenever the vehicle is left unattended, switch off the ignition, apply the handbrake, remove the kets and keep them in your possession.

  6.  High visibility clothing/ safety footwear

    All drivers must wear high visibility jackets/waistcoats and safety footwear at all times when on-site. Any driver who refuses to wear the appropriate PPE will be asked to leave the site and all costs incurred, either by delay in loading or non-loading, will be borne solely by the haulier at all times.

  7. Fire

    On hearing the fire alarm, drivers must leave their vehicles and report to the Highlander International depot personnel who will escort them to the relevant fire muster point. On no account should drivers return to their vehicles unless instructed to so by Highlander personnel.

    – Remain calm and make your way to the assembly point at the “Visitors CarPark” off Linwood Avenue (signposted)
    – Wait for further instructions from our ‘Fire Marshal” Steven Hood (Warehouse Supervisor)
    – DO NOT RE-ENTER THE BUILDING UNTIL YOU ARE TOLD IT IS SAFE TO DO SO.

  8. Restricted Areas

    Drivers must not walk/wander or congregate around any part of the site within the main gates unless instructed to do so. There are no ‘Safe Places’ to stand. They must stay in their cab unless otherwise instructed.

  9. No smoking

    Drivers must NOT smoke on site. Drivers found smoking will be sent off-site immediately and banned from future collections and deliveries.

  10. Speed Limits

    All site speed limits and road markings must be adhered to at all times (15 mph along approach road, 5mph within yard).
  11. Passengers

    No passengers, children or animals are allowed on site.

  12. Unloading and loading operations

    Where applicable, drivers are responsible for attaching and removing all sheets, straps, curtains or tarpaulins as appropriate to the operation in question.

    For loads delivered to Highlander, before removing curtains, loads are to be inspected by visually looking at the curtain appearance to verify there is no hidden unsafe conditions e.g Curtains bulging. Should the load seem to or be deemed to be unsafe, Highlander personnel are to be immediately informed and the unloading process shall cease until further directions are given by management.

    Before removing straps the load is to be inspected by Highlander personnel to identify potential unsafe conditions e.g collapsed bale/pallets/reels, non-vertical stacks and other potential hazards. Should the load be deemed to be unsafe, Highlander International personnel are to be immediately informed and the unloading process shall cease until further direction given, which may include the haulier removing the load from the site and making it safe before returning for unloading.

    If loads are deemed to be safe by Highlander personnel, all curtains and straps are to be removed and tied back safely before unloading may commence. At this point, drivers must return to their cab and Highlander will commence unloading. Drivers may only attend to the load if specifically instructed by Highlander personnel.

    For both loading and unloading operations, the engine of the vehicle must be switched off at all times.

    Drivers who fail to comply may be asked to leave the site permanently.

  13. Trailer damage

    Highlander International will not accept responsibility for any rail damage if the bales are stacked too close to the roof or if the bales are stacked on strapping, or strapping that has been left in place due to faulty equipment or haulier error and interfered with either the loading or unloading operations as appropriate.

  14. Theft

    Drivers must not remove anything from the site that does not belong to them, including but no limited to, paper stock. A y such proven incidences will result in the driver and/or haulier being banned from site permanently and we reserve the right to contact the police for further action.

  15. Spot checks

    All lorries may be subjected to ‘spot’ security checks. Drivers should therefore always advise that Highlander of any items being carried (e.g tools, drills, brooms, shovels) that are not normal fixtures on or in the lorry, but which could be misinterpreted as being the property of Highlander International.

  16. Cleaning of vehicles (after unloading)

    Lorry beds and the inside of tipper vehicles must only be swept off inside the designated yard area. Sweeping off may only commence after unloading is complete. All drivers must provide their own brooms and the vehicle ignition must stay turned off during this cleaning off process.

  17. Catering/washing facilities/toilets

    There is no on site catering/vending facilities available for drivers. There are toilets with washing facilities near to the weighbridge available for drivers use.

  18. Arrival at site

    On arrival at Highlander International Recycling, all drivers must not drive straight into the depot. Instead, they must park alongside the side of the building and make themselves known at the weighbridge, at which point instructions will be provided as to their safe entry into the depot. All trucks will be guided into the premises by Highlander personnel. After the loading or unloading process is complete and drivers have received their paperwork, lorries must not be parked within the yard area. No trailers are the be left inside the yard area unless this has been agrees in advance with Highlander management. No trailers are to be left parked at the side of the building. Parking vehicles INSIDE the Highlander Depot for rest periods or tea breaks is prohibited.

 

Rules and regulations are in place for the protection of employees and visitors, these include:

  • On arrival at site all visitors should report to the appropriate weighbridge/office reception.
  • No smoking is allowed on site.
  • when entering buildings, designated entrances must be used.
  • High visibility clothing and safety footwear must be worn at all times while on-site, unless in the confined of the canteen of offices.
  • While loading/unloading is taking place, drivers must be in their cabs as previously agreed for the type of operation.
  • During loading/unloading operations the vehicle ignition must be switched off and handbrake applied at all times.
  • Speed limits must be followed and pedestrians have the right of way on all occasions.
  • All visitors should sign-in on arrival at the reception. All suppliers should be shown or given a copy of the site rules and fire evacuation procedure.
  • Visitors must not go near machinery and be aware of vehicle movements at all times.
  • Site Rules and regulations must be obeyed at all times.
  1. Hours of Operation (Unloading takes place as follows).

    Monday to Thursday: 7am – 3pm
    Friday: 7am – 2pm

  2. Every incoming load must be accompanied with the relevant information including:

    – Highlander reference.
    – Supplier name.
    – Grade specification.
    – Number of bales/reels/pallets/tubs etc.
    – Vehicle/trailer number.

  3. Booking in

    Dependant on the nature and volume of material you are delivering in, you may need to book the delivery with our weighbridge 01355 524215/margaret@highlanderinternational.co.uk. This requirement will be advised to you by the Highlander Account Manager.

  4. Safety

    The Health & Safety and welfare of all personnel will take precedence over all other issues. Any dangerous conditions/incidents or accidents of any kind must be reported immediately to the Highlander personnel responsible for loading or unloading the trailer, they will then contact the appropriate manager to assist. All drivers must read and sign to confirm they understand the site rules for recovered paper collections or deliveries when requested to do so. These must be followed at all times or the driver risks permanent removal from the site. Any costs incurred by the removal of any driver from the site as a result of non-compliance with the site safety rules cannot be attributed to Highlander International at any time. Whenever the vehicle is left unattended, switch off the ignition, apply the handbrake, remove the keys and keep them in your possession.

  5. High Visibility Clothing/Safety footwear

    All drivers must wear high visibility jackets/waistcoats and safety footwear at all times when on-site. Any driver who refuses to wear the appropriate PPE will be asked to leave the site and all costs incurred, either by delay in loading or non-loading, will be borne solely by the haulier at all times.

  6. Fire

    On hearing the fire alarm, drivers must leave their vehicles and report to the Highlander International depot personnel who will escort them to the relevant fire muster point. On no account should drivers return to their vehicles unless instructed to do so by Highlander personnel. • Remain calm and make your way to the assembly point at the “Visitors Car Park” off Linwood Avenue (signposted) • Wait for further instructions from our `Fire Marshal’ Steven Hood (Warehouse Supervisor) • DO NOT RE-ENTER THE BUILDING/VEHICLES UNTIL YOU ARE TOLD IT IS SAFE TO DO SO

  7. Restricted Areas

    Drivers must not walk/wander or congregate around any part of the site within the main gates unless instructed to do so. There are no ‘Safe Places’ to stand. They must stay in their cab unless otherwise instructed.

  8. No Smoking

    Drivers must NOT smoke on site. Drivers found smoking will be sent off-site immediately and banned from future collections and deliveries.

  9. Speed Limits

    All site speed limits and road markings must be adhered to at all times (15 mph along approach road, 5 mph within yard).

  10. Passengers

    No passengers, children or animals are allowed on site.

  11. Unloading and Loading Operations

    Where applicable, drivers are responsible for attaching and removing all sheets, straps, curtains or tarpaulins as appropriate to the operation in question. For loads delivered to Highlander, before removing curtains, loads are to be inspected by visually looking at the curtain appearance to verify there is no hidden unsafe conditions e.g. Curtains bulging. Should the load seem to or be deemed to be unsafe, Highlander personnel are to be immediately informed and the unloading process shall cease until further directions are given by management. Before removing straps the load is to be inspected by Highlander personnel to identify potential unsafe conditions e.g. collapsed bales/pallets/reels, non-vertical stacks and other potential hazards. Should the load be deemed to be unsafe, Highlander International personnel are to be immediately informed and the unloading process shall cease until further direction given, which may include the haulier removing the load from the site and making it safe before returning for unloading. If loads are deemed to be safe by Highlander personnel, all curtains and straps are to be removed and tied back safely before unloading may commence. At this point, drivers must return to their cab and Highlander will commence unloading. Drivers may only attend to the load if specifically instructed to by Highlander personnel. For both loading and unloading operations, the engine of the vehicle must be switched off and the handbrake must be applied at all times. Drivers are instructed to remain in their cabs at all times during loading/unloading operations unless requested by Highlander staff to otherwise. Drivers who fail to comply may be asked to leave the site permanently.

  12. Trailer damage

    Highlander International will not accept responsibility for any rail damage if the bales are stacked too close to the roof or if the bales are stacked on strapping, or strapping that has been left in place due to faulty equipment or haulier error and interferes with either the loading or unloading operations as appropriate. Highlander International will not accept responsibility for any rail damage if the bales are stacked too close to the roof or if the bales are stacked on strapping, or strapping that has been left in place due to faulty equipment or haulier error and interferes with either the loading or unloading operations as appropriate.

  13. Theft

    Drivers must not remove anything from the site that does not belong to them, including, but not limited to, paper stock. Any such proven incidences will result in the driver.

  14. Spot Checks

    All lorries may be subjected to ‘spot’ security checks. Drivers should therefore always advise Highlander of any items being carried (e.g tools, drills, brooms, shovels) that are not normal fixtures on or in the lorry, but which could be misinterpreted as being the property of Highlander International.

  15.  Cleaning of Vehicles

    (after unloading) Lorry beds and the inside of tipper vehicles must only be swept off inside the designated yard area. Sweeping off may only commence after unloading is complete. All drivers must provide their own brooms and the vehicle ignition must stay turned off during this cleaning off process.

  16. Catering/Washing Facilities Toilet.

    There are no on-site catering/vending facilities available for drivers. There are toilets with washing facilities near to the weighbridge available for drivers use.

  17. Arrival at Site

    On arrival at Highlander International Recycling, all drivers must not drive straight into the depot. Instead, they must park alongside the side of the building and make themselves known at the weighbridge, at which point instructions will be provided as to their safe entry into the depot. All trucks will be guided into the premises by Highlander personnel. After the loading or unloading process is complete and drivers have received their paperwork, lorries must not be parked within the yard area. No trailers are to be left inside the yard area unless this has been agreed in advance with Highlander management. No trailers are to be left parked at the side of the building. Parked vehicles INSIDE the Highlander depot for rest periods or tea breaks is prohibited.

It is the policy of the company to provide its customers with a service that fulfils their specified requirements. The following principles are applied throughout the company.

  • Full commitment of all personnel to deliver a quality of service. It is also our intention to monitor and improve customer satisfaction levels by collecting feedback from our customers through annual surveys via SurveyMonkey.
  • Full commitment of all personnel to active involvement in making continual improvements to customer service.
  • Full commitment to using environmentally friendly products and promoting, wherever possible, the recycling of old materials.
  • Full commitment to ongoing training and development of staff in line with business requirements, as well as personal development goals.
  • Full understanding by all employees of the long-term importance of achieving customer satisfaction and their role in ensuring that their failure to meet standards will lead to the company failing to meet customer standards.
  • An appreciation that a consistent quality service can only be achieved by ensuring control at each stage of service delivery, with the ultimate aim of achieving “Zero Defects.”
  • All complaints are logged through the issues and actions register to enable a full investigation, allowing the root cause of the complaint to be established in order to prevent future complaints.

A companywide Quality System is in operation which is designed to comply with the requirements of ISO 9001:2015 as well as to continually improve and review the effectiveness of these systems.

The IMS defines the commitments of the company that are employed to ensure Customer Satisfaction is met in line with Quality targets which are set annually at management review meetings when this policy is also reviewed and approved.

It is the policy of Highlander International Recycling to manage its activities in such a way that reduces their environmental impact to a practical minimum. The company operates an Environmental Management System in accordance with the requirements of ISO 14001 standard. The company is committed to continual improvement of its environmental performance and intends to achieve this by setting clear environmental objectives and regularly monitoring progress against them. We will:

  • Ensure that this policy is understood, implemented and maintained at all levels in the company.
  • Ensure that all its employees are aware of the potential environmental effects of their activities and the environmental benefits of improved performance.
  • Develop sites and design new factory buildings in ways that blend as sympathetically as possible with the surrounding landscape.
  • Conserve and protect the environment by operating in a socially responsible manner according to the highest standards of environmental management available.
  • Comply with all existing regulatory legislation and all other requirements to which the company subscribes to and adopt a pro-active stance in anticipating future, more stringent, regulatory levels.
  • Design, operate and maintain all plant and equipment to the highest practical standard according to the principles of BAT (best available techniques), and improve working practices as and when new technology becomes available.
  • Encourage a ‘cradle to grave’ environmental philosophy toward all materials, be receptive to modifications to working practices, as appropriate and set objectives and targets for continual improvement, as defined in the Register of Effects.
  • Minimise waste throughout the company and aim for ‘waste free’ processes whenever possible, through better utilisation of raw materials, energy and water, increased use of renewable, reusable or recyclable materials and the development of a strategy for minimising waste at source.
  • Provide appropriate training for all employees and actively promote and encourage the pursuit of environmental excellence not only within the company itself but also throughout its suppliers and customers.
  • Develop effective means for responding to accidents or emergencies and thereby avoiding or minimising environmental damage.
  • Adopt the least environmentally damaging transport strategy both for the company’s own vehicles and for those of outside haulage contractors.
  • Provide advice to customers and end-users on the correct storage, use and eventual disposal of all company products.

The Company is committed to providing a working environment in which employees are able to realise their full potential and to contribute to the success of the business. Our aim is to identify and eliminate discriminatory practices and behaviours throughout the organisation. Employees are expected to support this commitment and to assist in its realisation in all possible ways.

Specifically, the Company aims to ensure that no employee or job applicant is discriminated against, either directly or indirectly, by perception or association, or by harassment on the grounds of age, race or nationality, disability, religion or similar philosophical belief, sexual orientation or gender. All employees, whether part-time or full time, permanent or temporary, will be treated fairly and with respect. All employees will be helped and encouraged to develop their full potential so that their talents and resources may be fully utilised to maximise the efficiency of the organisation.

This commitment applies to all aspects of employment, including those outlined below:

  • Recruitment and selection
  • Training
  • Promotion and career development opportunities
  • Terms and conditions of employment, and access to employment-related benefits and facilities
  • Grievance handling and the application of disciplinary procedures
  • Selection for redundancy

The company management and all members of staff have a shared responsibility to ensure that the Equal Opportunities Policy is adhered to and to promote dignity and equality of opportunity at work. Breaches of the Equal Opportunities Policy by staff members will be regarded as potential misconduct and could lead to disciplinary proceedings.

This company recognises that its people are its most valuable asset. Our Management team are committed to the provision of a safe and healthy working environment, which extends to the protection of the public, property and the environment, and operates a Health & Safety Management system in accordance with the requirements of ISO45001:2018 standards. The company takes a zerotolerance attitude to unsafe practices and safety is always the first consideration with respect to all business activities.

The policy of this business is to take all reasonably practicable steps to ensure the health, safety and welfare of all employees, contractors, customers, visitors and the general public from any injury relating to work activities. The business will therefore comply with all statutory requirements, regulations and approved codes of practice dealing with health and safety where applicable.

In fulfilling this commitment, and in compliance with legislative requirements, management will strive towards the continued development of a positive Safety Culture within the workplace to help maintain a safe and healthy working environment for all persons within the workplace. Staff are encouraged to document and report incidents/near misses and to suggest safer ways of working for preventative action. Staff are also required to formally report any accidents to establish the root cause. These reports will be investigated with the aim of preventing problems occurring and management will endeavour to eliminate hazards where recognised.

Management, in combination with active employee involvement, can, to a great extent, prevent and control accidental losses of all types. Prevention of such loss is the direct responsibility of all employees, managers and directors alike. All management functions will comply with the Company Policy regarding Health & Safety. All staff should perform their duties properly and in accordance with established procedures, instructions and rules. There is a formed H&S committee which meet on a monthly basis to discuss any health and safety matters and discuss agreed actions.

This policy is reviewed at intervals not exceeding 12 months and the target will be to continuously improve Health & Safety within the business and meet the requirements of all relevant legislation and the ISO45001:2018 standard. Objectives and targets are set annually at management review meetings.

Highlander International Recycling take a zero-tolerance approach to any form of modern slavery which encompasses slavery, servitude, human trafficking and forced labour. We are committed to acting ethically, with integrity and transparency in all business dealings, ensuring effective systems and controls are in place to safeguard against any form of modern slavery taking place within our business operations or in our supply chain.

The Company acknowledges the Modern Slavery Act 2015 and we accept the responsibility to ensure that workers are not being exploited, and that relevant employment, health & safety, and human rights laws and standards are being adhered to, including freedom of movement and communication.

We operate a supplier approval process which includes consideration of any risks of modern slavery or human trafficking. All approved suppliers are required to demonstrate they meet our requirements to ensure that slavery, and human trafficking is not taking place within their organisation. We will not have any dealings with any business knowingly involved in slavery or human trafficking.

This Policy takes into account and supports the procedures and requirements documented in our ISO compliant Management Systems. The implementation and operation of this management system underlines our commitment to this policy, including procedures to ensure that this policy, as well as all other company policies, are available and understood at all staff levels.

This will be reviewed annually to ensure its continuing suitability and relevance to company activities and is made available to all interested parties upon request. Any concerns about any form of modern slavery taking place within our business or supply chain should be reported to management.

Highlander are fully committed to compliance with the requirements of Data Protection Laws, and GDPR.

Protection of Personal Data

Care must be taken to ensure all staff comply with Data Protection regulations. All staff must ensure personal data is controlled, secure and details are not disclosed to any other person (whether inside or outside the company) unless authorised to do so. To ensure staff are aware of data protection obligations and information security we have a training programme in place and all staff are made aware of this policy, our Privacy policy and other relevant company policies.

Compliance with Data Protection Regulations

To ensure we are compliant with data protection regulations including General Data Protection Regulation (GDPR) the company has taken various measures to ensure we are meeting all requirements as below:

Data Protection Officer

Our management system details key responsibilities including details of our Data Protection Officer.

Personal Data Collected

We do not actively collect or process any personal information other than the details of our employees, which is held securely, with prior consent, and only authorised staff members have access to this information.

Data Review

we regularly review and check Personal data by completing a data audit to ensure the personal data we hold is required, lawfully managed and processed, as well as being accurate.

Data Retention

Data retention is managed, and the retention period is documented in our management system manual.

Consent

If any data is to be collected for any purpose other than normal employment purposes, we will obtain your explicit consent and you have the right to withdraw this consent at any time.

Sensitive Personal Data

This type of data is only held if there is a valid, legal reason to do so, and this information is treated with utmost security, and in line with data protection laws & regulations.

Privacy by Design

Any new developments, projects or technologies that involve personal data will be reviewed to ensure privacy by design and privacy impact assessment completed.

Data Processing

Personal data is processed and handled in a lawful and transparent manner with clear communication of what data we hold, why we hold it and how long we retain it. In terms of personal data collected on behalf of our shredding clients, this is all handled in line with our shredding procedures, EN15713 accreditation, as well as UKSSA Code of Practice.

Data Transfer

We will not transfer personal data to any third parties except to those approved for the purposes of taxation, pension, employee checks, payroll administration and IT support.

International Transfer of Data

we will not transfer your data internationally and will inform data subjects in any event of international transfer.

Data Security

we have measures in place to protect confidentiality, integrity and accessibility of all company data and complete regular audits and reviews of the security of personal data & information security systems. All employees sign a Deed of Confidentiality on commencement of employment, and suppliers/contractors sign a non-disclosure agreement.

Company Devices

Any company devices issued to staff are purely for business purposes and acceptable use of these devices is stipulated within the staff handbook & IT equipment policy

Data Subject Access

Data subjects have the right to access, correct, transfer or request deletion of the personal data we hold about them. We will respond to all data requests within 1 month. We will not charge for responding to such requests.

Data Breaches

All data breaches will be reported internally and logged under nonconformance for investigation. Significant breaches will be reported to the ICO and affected data subjects notified within 72 hours of discovery.

Much of the arrangements for management of data, documented information, and ongoing checks including internal audits are all covered by our ISO27001 compliant integrated management system which is available to all staff. Our management system documentation includes the following:

  • Summary of all company procedures and policies relating to Data management/ Security
  • Organisation details including details of each person’s responsibilities
  • Document register detailing what records we hold, how they are managed and retention period
  • Personal Data Audit & Internal audit of Data/Data Protection & Information Security
  • Training arrangements including details of planned training and staff training/ competency matrix

    Highlander regards the lawful and correct treatment of personal information as very important to its successful operations and to maintaining confidence between the company and those with whom it carries out business. The company will ensure that it treats personal information lawfully and correctly. To this end the company fully endorses and adheres to the Principles of Data Protection as set out in GDPR.

We have procedures in place for the protection of personal information and comply in full to relevant data protection legislation, and more specifically GDPR.

Information we collect

We collect personal details of our employees in line with legal requirements and legislation. Also, as part of our shredding service, we may collect personal data which is purely for destruction. To ensure our employees and customers are aware of how we protect and manage their personal data we have prepared a Data Protection Policy which details what data we hold and how it is managed. If you enquire about our goods/services or have done business with us in the past we may hold some information about you such as business telephone numbers or email addresses, and we will only use this information for the purpose it was collected. We will never sell your data or share it with 3rd parties who might use it for any other purpose.

Data Retention

We will only hold personal data for as long as we are legally obliged to hold this, and we have systems in place for the management of the retention of data.

Data Subject Access

please contact us if you wish to know whether we hold any personal data about you, and if you wish the data we hold about you to be updated or if you would like us to erase your data.

Web Site Privacy

Our web site does not collect personal data about you unless you contact us to enquire about our services. The web site uses cookies and may collect computer identification data, but this does not include any personal information. This policy is reviewed on an ongoing basis and formally reviewed at least annually during management reviews and the latest version will always be available on our company web site or upon request.

The following document sets out the policy of the Company on alcohol and drug abuse. It is important that every employee is aware of their obligations under this policy, and any queries should be addressed to Management.

Alcohol Abuse Policy

  • The Company’s policy is to forbid the consumption of alcohol on the Company’s premises. In certain circumstances, for instance, office functions permitted by the Company, this policy may be temporarily waived. However, employees must note that attendance at these functions is still subject to the normal disciplinary rules in relation to acceptable behaviour in the workplace.
  • If any employee is found to be intoxicated at work or is found consuming alcohol on the Company’s premises, other than at a Company permitted function, that employee will face disciplinary action on the grounds of gross misconduct under the Company’s disciplinary procedure.
  • The Company has the right to conduct regular health checks to establish whether there are any alcohol or drug problems amongst the staff.
  • As a condition of any offer of employment all prospective employees must complete a health declaration and may be requested to undergo a medical examination conducted by management which will seek to determine whether the prospective employee has an alcohol abuse problem or has taken a controlled drug.
  • If a prospective employee refuses to give consent to such an examination or refuses to undergo the screening the Company has the right to immediately withdraw any offer of employment made.

Drug Abuse Policy

  • The Company strictly forbids the possession, use or distribution of drugs for nonmedical purposes on the Company’s premises.
  • An employee who is prescribed drugs by their doctor or is taking over the counter medication which may affect their ability to perform their duties should inform their line manager and update their health declaration form.
  • Where it is suspected that there was a breach of the prohibition on substances, or if it is suspected an employee’s work performance or conduct has been impaired through substance abuse, the Company reserves the right to require an employee to undergo a medical examination to determine the cause of the problem, and drug or alcohol testing may be undertaken.
  • Where any employee at such a request refuses to undergo a medical examination, such refusal will amount to gross misconduct in accordance with the Company’s disciplinary procedure.
  • The Company reserves the right to search an employee or any of an employee’s property held on the Company’s premises at any time if the Company has HIGHLANDER PAPER RECYCLING LTD [Public] HSD04 – Drug & Alcohol Policy Issue No. 4 (02/2020) • reasonable grounds to believe that the prohibition on substances is being or has been infringed. The search will be carried out by a member of staff of the same sex as the employee and will be witnessed by another member of staff. The employee’s consent to these searches will be sought prior to commencement.
  • If an employee refuses to comply with these search procedures, such action will normally be treated as amounting to gross misconduct and will entitle the Company to take disciplinary action.
  • The Company reserves the right to inform the police of any suspicion it may have regarding the use of controlled drugs by any of its employees on the Company’s premises.
  • Random, on the spot, and unannounced drug & alcohol testing will be carried out by management to ensure this policy is being followed.

 

Pre-employment

Potential employees will be asked to declare if they have any medical conditions, e.g. epilepsy, drug dependency, which could affect their ability to work safely, with regard to their own safety, and that of others. The Company will consider, after taking professional advice, these conditions, and decide what position, if any, within the Company would be suitable.

It is the policy of the company to operate and maintain an Information Security Management System. Our ISMS is an acknowledgement that information is a critical business asset and that protecting the confidentiality, integrity and availability of information assets from all threats whether internal, external, deliberate or accidental is a business priority. We have implemented appropriate controls to secure our information assets, and those we are responsible for, using physical, procedural, staff and technical security measures. In addition, we will:

 

  • Comply with all applicable laws, regulations and contractual obligations in line with GDPR
  • Implement continual improvement initiatives, including risk assessment and risk treatment strategies
  • Communicate Information Security objectives and review of performance in achieving these objectives, throughout the organisation and to interested parties
  • Work closely with interested parties in preserving Information Security
  • Complete Information Security Awareness Training with all staff
  • Constantly strive to meet and where possible exceed customer’s expectations

 

Responsibility for upholding this policy is the responsibility of all staff with full support of the company management, as well as our competent third-party IT Company that manages all aspects of our software and computer information. Specifically, with our IT we ensure all information held on our systems are backed up incrementally throughout the day, as well as being backed up at the end of each day both internally and externally. Alongside this our IT Company ensures we have the most up to date antivirus, with regular scans of the system and regular updates to PC’s and software. Firewall is also used to prevent unauthorised access to our network.

We shall review, measure and monitor our Information Security framework, documentation and implemented controls on an ongoing basis to ensure their relevance and effectiveness in protecting our information assets with the aim of continual improvement of our systems and performance.

Highlander International Recycling Ltd. are fully committed to protecting the Health, Safety and Welfare of all our employees, visitors, clients, public and anyone who might be affected by our acts or omissions. This Fire Safety policy helps stop the risk of fire from happening and, if there is a fire, makes sure that all employees, visitors, clients, and public can evacuate safely. We can only successfully implement any Health and Safety policy with the full co-operation and commitment of everyone who falls under its scope.

Responsible Persons

Under Fire Safety legislation the ‘responsible people’ for Fire Safety Management are those who control the budget for Fire Safety provisions and maintenance. For Highlander International, this will be the board of directors for preventative and protective measures for providing information, instruction and training and are responsible for:

  • Supply and maintenance of all fire prevention and detection equipment and systems
  • Manage suppliers responsible for the maintenance of all fire prevention and detection equipment and systems
  • Supply and install all fire precaution and emergency evacuation signage
  • Advise service providers of company policies and procedures
  • Implement fire risk assessment recommendations within the recommended timescale

 

Responsibility of Managers

Managers must:

  • Make sure all new members of staff, suppliers and workers have been given an induction on the local emergency evacuation procedures.
  • Assist with the appointment of fire co-ordinators, fire wardens or fire marshals
  • Keep appropriate housekeeping standards in their area of responsibility

 

Responsibility of all personnel onsite

They must:

  • Familiarise themselves with their building emergency evacuation procedures
  • Keep appropriate housekeeping standards in their immediate work area

 

Responsibility of Fire Wardens/Marshals

They must:

  • Keep a suitable standard of fire safety management for the site
  • Co-ordinate fire evacuation for their site
  • Update and maintain the fire evacuation plan
  • Update and maintain all site inspections/fire alarm testing and all other documents in the fire logbook
  • Co-operate with the fire and rescue service on all fire-related issues

 

Responsibility of office staff (if applicable)

They must:

  • Make sure that all visitors are told of the company evacuation procedures when they arrive
  • Phone the fire & rescue service by dialling 999 when there is a fire

 

Guiding principles

We aim to:

  • Provide a ‘Fire Safe’ environment in our property in line with current legislative requirements
  • Give up-to-date information to our employees, suppliers, workers and visitors to make sure they’re safe at all times
  • Carry out fire risk assessments and make sure that the recommendations are put into place within a specified time
  • Mitigate the effects of a fire to any surrounding properties and environment
  • Give adequate and regular training for all appointed staff
  • Co-operate fully with the fire and rescue service in any inspection or investigation

 

Procedures

If you hear the Fire Alarm:

DO NOT:

  • Panic
  • Stop to collect any personal belongings
  • Carry any drinks
  • Smoke at the assembly point (Street)
  • Block the route for emergency vehicles

 

DO:

  • Evacuate by the nearest, safest route
  • Assemble at the nearest, safest assembly point (Car Park)
  • Wait for further instructions from the appointed fire staff

 

If you discover a Fire:

Activate the nearest fire call point and evacuate as normal

Appointed Fire Warden (if appointed) must:

Liaise with the fire and rescue service when they arrive, telling them any relevant information, for example missing people, where the fire is once the all clear has been [Public] HSD05 – Fire Safety Policy Issue No. 4 (02/2020) given by the fire and rescue service, communicate the all clear to fire co-ordinators to enable a safe return to the building

Fire Wardens must:

  • Actively encourage members of staff, visitors and public to evacuate the building safely
  • Make sure all areas are evacuated, including toilets, where it’s safe to do so
  • Evacuate the building
  • Report the safe evacuation to the Fire Warden at the assembly point

Exposure to excessive noise/high intensity sound can cause irreversible hearing loss. Where high noise levels exist a hearing conservation policy will be in place. This must be based upon a suitable and sufficient noise survey, including a noise map. There must be a written plan setting out how the site proposes to reduce, control and protect its employees against harm caused by exposure to excessive noise in compliance with the Noise at Work Regulations.

The premises must be resurveyed in the event of any changes that might affect the levels of sound prevailing. All employees at risk of noise exposure shall undergo audiometric testing at suitable periods. The results of this testing will be used to monitor the effectiveness of the hearing conservation policy in action. Any adverse trends must trigger a full review of the policy with a view to determining the cause of the system failure and appropriate remedial action.

The noise provisions of the Noise at Work Regulations apply to our working environment. It is our policy to exceed the requirements of the law wherever we can do so reasonably practicably. Noise on our premises, which causes distraction or annoyance, will be reduced wherever reasonably practicable. Our general risk assessment will consider which areas, if any, have noise levels which may harm the hearing of our employees. Areas so identified will be designated as Ear Protection Zones and everyone entering the area shall wear appropriate hearing protection, including management, contractors and visitors.

Suppliers of all equipment and machinery acquired will be asked to supply an assessment of noise exposure to potential operators, which will be considered in buying decisions. The effects of noise damage to hearing are insidious and, because an immediate effect is not felt, employees may feel that the potential for hearing damage is being exaggerated. However, hearing protection is only effective if used correctly and therefore all affected employees should be trained in its effective.

All staff with access to information technology equipment are required to use the equipment sensibly, professionally, lawfully and with respect for the company and interested parties and in accordance with this policy and other company rules and procedures.

Management of Software

No Software should be installed without approval from the board of directors. Software and other necessary updates or patches should be installed when requested.

Physical Security of IT Equipment

All IT equipment is uniquely identified, and a register of IT equipment is maintained. Server and network infrastructure cabinets are kept locked and where required located in a secure/restricted area. Where appropriate, computer workstations are locked, and ports removed or deactivated. Laptops and handheld devices are stored securely and encrypted where required. All staff are responsible for ensuring they keep IT equipment they have been issued secure to prevent any unauthorised access.

Use of Own IT Equipment

All IT Equipment used to access company files, network or to send communications must be checked and approved prior to use. These are subject to ongoing checks to ensure up to date Anti-virus/Spyware/Firewall software is installed and operational as well as to ensure a minimum level of security is maintained including operating system and software security updates. Any handheld devices used to access company files must be password protected and if any confidential company files are stored on the device it must be encrypted.

Disposal of IT Equipment

All IT equipment is destroyed internally before being disposed of using an approved supplier for secure disposal of IT equipment. Any personal devices that have been used to access company data must firstly be checked and securely processed prior to disposal.

Our documented Integrated Management System (IMS) includes a procedure detailing what management system communications are in place including communication of any safety alerts and updates. The procedure also details who has the authority for any external communications and how these communications are managed and logged. This includes any communications with regulators for compliance obligations.

Use of Communication Facilities

All company staff with access to information technology and communications facilities are required to use these facilities sensibly, professionally, lawfully and with respect for the company and interested parties and in accordance with this policy and other company rules and procedures. The company is ultimately responsible for all business communications and although privacy of employees will be respected as far as possible, we may need to monitor business communications and internet traffic data for various reasons such as those stated below:

  • Review of transactions/orders
  • Compliance with legal regulations/requests from enforcement agencies
  • Monitoring standards of service
  • Preventing or detecting unauthorised use of communications systems or criminal activities and the maintenance of communication systems
  • The communication facilities are made available to users for the primary purpose of the business although a certain amount of limited and responsible personal use by users is also permitted during break times only. If our rules and procedures are not adhered to, then use of our facilities may be curtailed or withdrawn and disciplinary action may thereafter follow.

 

All messages sent on email systems or via the internet should demonstrate the same professionalism as that which would be taken when writing a letter. You must not use these media to do or say anything which would be subject to disciplinary or legal action in any other context such as sending any discriminatory (on the grounds of a person’s sex, race, disability, age, sexual orientation, religion or belief), defamatory, or other unlawful material. If you copy an email to others, it may breach the Data Protection Act if it reveals all the recipients’ email addresses to each recipient. Accordingly, it may be appropriate to use the ‘Bcc’ (blind carbon copy) field instead of the ‘Cc’ (carbon copy) field when addressing an email to more than one recipient.

Data Protection

Care must be taken to ensure all staff comply with Data Protection rules and GDPR. Whenever and wherever you are processing personal data you must keep it secret, confidential and secure, and you must take particular care not to disclose to any other person (whether inside or outside the company) unless authorised to do so.

Information Transfer

When transferring information internally or externally consideration should be given to the security of the transfer to ensure adequate protection of the information is in place. Confidential information should not be sent by email to an internal or external source or saved to removable media without additional security. Company information should never be stored to personal cloud storage or sent to a personal email account.

The company believes that certain principles and values are the foundation of sound and fair business practice and as such are important to uphold. One such principle is a zero-tolerance position in relation to bribery and corruption, wherever and in whatever form that it may be encountered. It is important to uphold our sound reputation for ethical behaviour, financial probity and reliability. In support of this aim we intend to limit our exposure to bribery and corruption by:

  • Setting out a clear anti-bribery & corruption policy
  • Encouraging employees to be vigilant and to report any suspicion of bribery ensuring sensitive information is treated appropriately
  • Rigorously investigating instances of alleged bribery
  • Acting against any individual(s) involved in bribery or corruption

 

What is Bribery?

A bribe does not need to be actual money. It can be any form of advantage, offered, requested or received. A contract does not need to have been won for a corruption offence to have been committed. Similarly, a recipient does not need to benefit personally from a bribe – it may be the intended beneficiary is a third party or a company. Finally, bribery can occur in the private as well as the public sector

Policy

This policy has two straightforward rules that all employees, consultants and agents must adhere strictly to:

  • Do not offer, promise or pay bribes
  • Do not request, agree to or accept bribes

 

This policy applies to individual employees, customers, suppliers or any other people or bodies associated with the company.

Report concerns – employee responsibility

The prevention, detection and reporting of bribery is the responsibility of all employees. Suitable channels of communication by which employees or others can report confidentially any suspicion of bribery will be maintained. Employees who are suspected of involvement in bribery or corruption will be subject to disciplinary procedure.

This policy describes the framework for our procurement activities in relation to our sustainability objectives.

Objective

The Company embraces a wide definition of sustainability based on engaging in development that meets the needs of the present without compromising the ability of future generations to meet their own needs and the organisation recognises it has a duty to pursue sustainable development in all it does. The Company promotes an awareness of sustainable development and environmental issues through our practices and this is monitored through our ISO14001 compliant integrated management system on an ongoing basis.

Sustainable Procurement Policy Statement

Procurement plays a key role in influencing the delivery of any organisations’ contribution to sustainable development. The Company will utilise its position in the organisational supply chain to influence all aspects of needs definition, acquisition, service delivery and product utilisation and disposal to ensure that environmental and sustainable factors are embraced within the framework of value for money and effective product delivery.

Key points of our strategy:

  • To encourage all those involved in conducting purchases on behalf of the company to be considerate of environmental and sustainable issues
  • To encourage the elimination of hazardous materials in purchasing
  • To encourage the reduction of waste in both goods and the packaging of goods
  • To encourage the reduction of environmental impact through excessive or unnecessary travel or the utilisation of more environmentally friendly vehicles.
  • To encourage a culture of re-use and recycling of goods.
  • Wherever viable, reorganise or redesign processes to require less goods or energy or to produce less waste or harmful emissions
  • Compile specifications that have been drawn up to encourage or favour, whenever appropriate, sustainable goods, services and works and to minimise environmental impact during use.
  • Where possible, procure goods, services and works from suppliers and contractors that have their own sustainable procurement process.

The Company recognises that its activities and operations have a significant impact on the wider social, environmental and economic well-being of the areas in which we operate. As a member of the business community, we recognise our corporate social responsibility commitments in our various roles, which include producer, employer and consumer.

We are committed to ensuring that our business is conducted in all respects according to rigorous ethical, professional and legal standards.

In addition to compliance with current legislation, our policies and codes of conduct encourage high standards of corporate behaviour in areas such as the environment, health and safety and equal opportunities, both for our staff and in relation to those into whom they may come into contact.

We aim to reduce any negative impact of our business operations and encourage a positive contribution through appropriate health and safety and environmental policies and objectives (which are considered as an integral part of our business activities) and good management.

We are continually engaging communities through local liaison and sponsorship of local events, community groups, youth groups and sports teams. In particular we have built a strong partnership in recent years with our local secondary school, Duncanrig where we offer work placements, as well as providing invaluable support on a number of recycling projects that have taken place within the school.

We aim to manage our employees openly, honestly and fairly and to be a responsible employer, adopting values and standards designed to help guide our staff in their conduct and business relationships. We are committed to having a fully trained and competent workforce and actively promote vocational training for our employees.