Template
Rebate agreement term sheet
Fill this in with the buyer before a contract is drafted. Every blank is a decision that changes your rebate. If the buyer will not fill a line in, that is information too.
RECYCLABLES REBATE AGREEMENT: TERM SHEET
Seller (generator): ______________________ Sites: ______________________
Buyer: ______________________ Date: ______________________
1. MATERIAL
Grade: OCC #11 per ReMA Scrap Specifications Circular (edition: ____)
Other materials covered: ______________________ (none unless listed)
Prohibitives max: ____% Outthrows incl. prohibitives max: ____%
Bale size / min weight / ties: ______________________
2. PRICE (per net ton, monthly)
Formula: [ ] flat $____
[ ] index + / - $____
[ ] ____% of index
[ ] ____% of index - $____
[ ] ____% of the greater of floor and actual sale price
Worked example at index $____: $____ per ton
3. INDEX
Publication / assessment: ______________________
Region: ____________ Side of range: [ ] high [ ] low [ ] midpoint
Month used: [ ] month of shipment [ ] prior month [ ] average of ____
Successor if discontinued: ______________________
4. FLOOR AND CAP
Floor: $____ per ton (applies [ ] before [ ] after quality deductions)
Cap: $____ per ton or [ ] none
5. FREIGHT AND PICKUP
Freight: [ ] in the price [ ] $____ per load [ ] $____ per ton
Fuel surcharge: [ ] none [ ] tied to (public series): ____________
Pickup within ____ business days of request; empty trailers on site: ____
6. EQUIPMENT
Item(s): ______________________ Charge: $____ per month
Service response: ____ hours; charge stops while out of service: [ ] yes
Removal at end: [ ] free [ ] $____
7. LOAD MINIMUMS
Minimum per load: ____ lb / ____ units Light-load charge: $____
8. QUALITY CLAIMS
Notice within ____ business days, with photographs and measured %
Remedy: [ ] deduct excess weight [ ] downgrade to ______ [ ] reject only above ____%
Disposal charge cap: $____ per ton
9. MOISTURE
Limit: ____% Test method: ____________ Deduction: ____________
10. WEIGHTS AND RECORDS
Scale: ____________ Ton = [ ] 2,000 lb [ ] 2,200 lb [ ] 2,240 lb
Scale ticket per load: [ ] yes Annual audit right: [ ] yes
11. PAYMENT
Statement and payment within ____ days of month end, by ____________
Credits in excess of invoices paid out: [ ] yes
12. TITLE AND RISK
Pass to Buyer on: [ ] collection [ ] delivery [ ] acceptance
Rejected loads are Buyer's responsibility until returned: [ ] yes
13. TERM
Start: ________ Length: ____ months
After term: [ ] month to month [ ] renews for ____ unless notice ____ days before
14. EXCLUSIVITY
[ ] none [ ] OCC only at listed sites [ ] other: ____________
Matching right: [ ] none [ ] ____ days, offer details kept confidential
15. TERMINATION
For uncured breach on ____ days' notice. Missed pickups count as breach: [ ] yes
Early-termination fee: [ ] none [ ] limited to unrecovered equipment cost
This template is a starting point for a negotiation, not legal advice. Have the final agreement reviewed by your own counsel.
Source: recyclingcontracts.com