§ 8 of 15

Contamination and rejection

The contamination clause says what the buyer may do when a load misses the specification (downgrade the price, deduct weight, charge for disposal, or reject the whole load) and what proof it must give you. It is where most disputes start, so it needs a threshold, a notice period, evidence and a right to inspect.

Updated · Not legal advice

8.1

What remedies does a buyer usually ask for?

  1. Weight deduction: the contaminated share is not paid.
  2. Downgrade: the load is paid at a lower grade's price.
  3. Disposal charge: you pay to dispose of the residue.
  4. Rejection: the load is refused and returned or disposed of at your cost.
8.2

What does a threshold look like in practice?

Thresholds are stated as a share of weight. Kruger's mill specification reserves the right to reject bales above 1% prohibitives or 5% outthrows. In Connecticut, the operator of a regional recycling facility said in a 2019 lawsuit that its contract let it decline loads above 5% contamination, and the facility owner said the operator paid to dispose of residue above 5%. The case was about loads that exceeded the threshold, and an audit that found far more contamination than the contract assumed: the same number can protect either side, depending on whether anyone measures it.

8.3

How do I make claims checkable?

Ask for notice within a fixed time of delivery, photographs of the bales with your load number, the measured percentage, and a right to inspect or have a third party inspect before the material is processed. A claim made weeks later, with no photographs, cannot be tested.

8.4

Sample wording

Illustrative wording to adapt. Brackets are choices to make.

8.1 Claims. Buyer may make a quality claim only by written notice within [2] business days of delivery, with photographs identifying the load and the measured percentage of prohibitive materials and outthrows.

8.2 Remedy. For a load exceeding the tolerances in section 1.2, Buyer may deduct the weight in excess of the tolerance. Buyer may reject a load only where prohibitive materials exceed [___]%.

8.3 Inspection. Seller may inspect, or appoint an inspector to inspect, a claimed load before it is processed.

8.5

What to negotiate

  • Deduct only the weight above the tolerance, not the whole load, for ordinary contamination.
  • Reserve full rejection for prohibitive levels above a stated percentage, or hazardous material.
  • Require notice, photographs and the measured percentage, and a right to inspect.
  • Cap disposal charges at a stated rate per ton.

Red flags in a draft

  • Claims "at Buyer’s sole discretion".
  • No notice period: claims can arrive on the next month’s statement.
  • Rejection of the whole load for any contamination.

See a 4% rejection with a disposal charge →

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Questions

What contamination level is acceptable in baled cardboard?
It is set by the buyer’s specification. One published mill specification reserves rejection above 1% prohibitives or 5% outthrows including prohibitives.
Can a buyer reject a whole load?
If the contract lets it. Many specifications reserve full rejection for prohibitive levels or hazardous material; ordinary claims should deduct only the excess weight.