SEArcular by Greencore
Terms & Conditions
General Terms and Conditions of Sale and Purchase for SEArcular by GREENCORE RESOURCES
General Terms and Conditions of Sale and Purchase for SEArcular by GREENCORE RESOURCES
By placing an order or entering into a purchase agreement, the Buyer, Seller, or Supplier unequivocally and strictly acknowledges that they have read, understood, and agreed to be bound by these General Terms and Conditions of Sale and Purchase. This encompasses all transactions involving GREENCORE RESOURCES LIMITED, PT GREENCORE RESOURCES INDONESIA, any individual or entity purchasing products, any individual or entity selling plastic scrap to PT GREENCORE RESOURCES INDONESIA, and includes recycled plastic pellets and any other products marketed under the SEArcular brand. The term 'Order' refers to any request by the Buyer to purchase Products from the Seller. The term 'Contract' refers to the agreement between the Buyer and Seller for the sale and purchase of Products, or between the Supplier and PT GREENCORE RESOURCES INDONESIA for the sale of plastic scrap, including these Terms and any specific terms agreed upon in writing.
1. Introduction
These General Terms and Conditions of Sale and Purchase ("Terms") govern the sale of products marketed under the SEArcular brand by GREENCORE RESOURCES LIMITED ("GREENCORE Hong Kong") and PT GREENCORE RESOURCES INDONESIA ("GREENCORE Indonesia"), as well as the purchase of plastic scrap by PT GREENCORE RESOURCES INDONESIA for recycling purposes. By placing an order with GREENCORE RESOURCES LIMITED or PT GREENCORE RESOURCES INDONESIA, the buyer or supplier agrees to these Terms.
2. Definitions
- **Seller**: Refers to either GREENCORE RESOURCES LIMITED or PT GREENCORE RESOURCES INDONESIA, depending on the context of the sale.
- **Buyer**: Any individual or entity that purchases products from the Seller.
- **Supplier**: Any individual or entity that sells plastic scrap to PT GREENCORE RESOURCES INDONESIA.
- **Products**: Recycled plastic pellets and any other products marketed under the SEArcular brand.
- **Plastic Scrap**: Waste plastic materials that are sold by Suppliers to PT GREENCORE RESOURCES INDONESIA for recycling.
- **Order**: A request by the Buyer to purchase Products from the Seller.
- **Contract**: The agreement between the Buyer and Seller for the sale and purchase of Products, or between the Supplier and PT GREENCORE RESOURCES INDONESIA for the sale of Plastic Scrap, consisting of these Terms and any specific terms agreed upon in writing.
3. Parties
- **GREENCORE RESOURCES LIMITED (Hong Kong)**: The holding and distribution company responsible for all international sales except those within Indonesia.
- **PT GREENCORE RESOURCES INDONESIA**: The factory responsible for recycling Plastic Scrap into recycled plastic pellets and handling local sales within Indonesia, as well as purchasing Plastic Scrap for recycling.
4. Scope
These Terms apply to:
- All sales of Products by GREENCORE Hong Kong and GREENCORE Indonesia to Buyers.
- All purchases of Plastic Scrap by PT GREENCORE RESOURCES INDONESIA from Suppliers.
For international sales, the Buyer shall transact through GREENCORE Hong Kong. For local sales within Indonesia, the Buyer shall transact through GREENCORE Indonesia. For the purchase of Plastic Scrap, PT GREENCORE RESOURCES INDONESIA shall transact directly with Suppliers.
5. Orders and Acceptance
1. **Order Placement (Products)**: Orders can be placed through written communication, including email or any other method specified by the Seller.
2. **Order Confirmation (Products)**: An Order is only binding upon the Seller’s written confirmation, which may be provided by email or other electronic means.
3. **Order Changes and Cancellations (Products)**: Once confirmed, Orders cannot be changed or cancelled without the Seller’s written consent. The Seller reserves the right to charge the Buyer for any costs incurred due to such changes or cancellations.
4. **Order Placement (Plastic Scrap)**: Suppliers may offer to sell Plastic Scrap through written communication, including email or any other method specified by PT GREENCORE RESOURCES INDONESIA.
5. **Order Confirmation (Plastic Scrap)**: An order for the purchase of Plastic Scrap is only binding upon PT GREENCORE RESOURCES INDONESIA’s written confirmation, which may be provided by email or other electronic means.
6. **Order Changes and Cancellations (Plastic Scrap)**: Once confirmed, orders for Plastic Scrap cannot be changed or cancelled without PT GREENCORE RESOURCES INDONESIA’s written consent.
6. Prices and Payment
1. **Prices (Products)**: Prices for the Products shall be those stated in the Order confirmation. Prices are exclusive of any applicable taxes, duties, or shipping costs, unless otherwise specified.
2. **Payment Terms (Products)**: Payment terms will be specified in the Order confirmation. Payment must be made in the currency specified in the Order confirmation.
3. **Late Payments (Products)**: Late payments will incur interest at a rate specified in the Order confirmation or, if not specified, at a rate of 1.5% per month.
4. **Prices (Plastic Scrap)**: Prices for Plastic Scrap shall be those stated in the purchase order confirmation. Prices are inclusive of any applicable taxes, unless otherwise specified.
5. **Payment Terms (Plastic Scrap)**: Payment terms for Plastic Scrap will be specified in the purchase order confirmation. Payment must be made in the currency specified in the purchase order confirmation.
7. Delivery
1. **Delivery Terms (Products)**: Delivery terms will be specified in the Order confirmation. The Seller shall use reasonable efforts to meet delivery dates, but shall not be liable for any delays.
2. **Risk and Title (Products)**: Risk of loss or damage to the Products passes to the Buyer upon delivery. Title to the Products passes to the Buyer upon full payment.
3. **Delivery Terms (Plastic Scrap)**: Delivery terms for Plastic Scrap will be specified in the purchase order confirmation. The Supplier shall use reasonable efforts to meet delivery dates, but shall not be liable for any delays.
4. **Risk and Title (Plastic Scrap)**: Risk of loss or damage to the Plastic Scrap passes to PT GREENCORE RESOURCES INDONESIA upon delivery. Title to the Plastic Scrap passes to PT GREENCORE RESOURCES INDONESIA upon full payment.
8. Inspection and Acceptance
1. **Inspection (Products)**: The Buyer shall inspect the Products upon receipt and notify the Seller of any defects or non-conformities within 7 days of delivery.
2. **Acceptance (Products)**: If no notice is received within the inspection period, the Products shall be deemed accepted by the Buyer.
3. **Inspection (Plastic Scrap)**: PT GREENCORE RESOURCES INDONESIA shall inspect the Plastic Scrap upon receipt and notify the Supplier of any defects or non-conformities within 7 days of delivery.
4. **Acceptance (Plastic Scrap)**: If no notice is received within the inspection period, the Plastic Scrap shall be deemed accepted by PT GREENCORE RESOURCES INDONESIA.
9. Warranty and Liability
1. **Warranty (Products)**: The Seller warrants that the Products will conform to the specifications agreed upon in the Order confirmation. The warranty period is 12 months from the date of delivery.
2. **Limitation of Liability (Products)**: The Seller’s liability is limited to the replacement of defective Products or a refund of the purchase price, at the Seller’s option. The Seller is not liable for any indirect, incidental, or consequential damages.
3. **Warranty (Plastic Scrap)**: The Supplier warrants that the Plastic Scrap will conform to the specifications agreed upon in the purchase order confirmation.
4. **Limitation of Liability (Plastic Scrap)**: The Supplier’s liability is limited to the replacement of non-conforming Plastic Scrap or a refund of the purchase price, at PT GREENCORE RESOURCES INDONESIA’s option. The Supplier is not liable for any indirect, incidental, or consequential damages.
10. Plastic Credits and Offset Claims
1. **Prohibition of Offset Claims**: Suppliers of Plastic Scrap and buyers of recycled plastic pellets from SEArcular by GREENCORE are prohibited from making any voluntary, Extended Producer Responsibility (EPR) offsetting claims, or associating themselves with the SEArcular by GREENCORE project based on their transactions with GREENCORE. This includes, but is not limited to, making collection or recycling claims that could constitute an unlawful double dip claim.
2. **Exclusion of Offset Rights**: All agreements for the purchase of Plastic Scrap or the sale of recycled plastic pellets explicitly exclude any rights for the Supplier or Buyer to make collection or recycling offset claims.
11. Force Majeure
Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, or government actions.
12. Governing Law and Dispute Resolution
1. **Governing Law**: These Terms shall be governed by and construed in accordance with the laws of Hong Kong for sales handled by GREENCORE Hong Kong and the laws of Indonesia for sales and purchases handled by GREENCORE Indonesia.
2. **Dispute Resolution**: Any disputes arising out of or in connection with these Terms shall be resolved through amicable negotiations. If such negotiations fail, the disputes shall be referred to arbitration in accordance with the rules of the relevant jurisdiction.
13. Miscellaneous
1. **Amendments**: These Terms may only be amended by a written agreement signed by both the Buyer and Seller, or by the Supplier and PT GREENCORE RESOURCES INDONESIA, as applicable.
2. **Severability**: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
3. **Entire Agreement**: These Terms, together with the Order or purchase order confirmation, constitute the entire agreement between the Buyer and Seller, or between the Supplier and PT GREENCORE RESOURCES INDONESIA, and supersede all prior agreements and understandings.
By placing an order or entering into a purchase agreement, the Buyer or Supplier acknowledges that they have read, understood, and agreed to these General Terms and Conditions of Sale and Purchase.
For any inquiries or additional information, please contact GREENCORE RESOURCES LIMITED.