Set the sales forecast to number of pieces per year
As used in this Agreement, the following terms denote:
“Administration fee” is a fee valid for each specific Packaging payable in due course from time to time by the Enterprise to Returpack in accordance with this Agreement;
“Aluminium can” is an aluminium can attached to the Recycling System;
“Fees” are the Administration Fee and/or Sorting Fee;
“Agreement” is this Agreement (including the page with the Enterprise’s signature, and the Annexes) on joining the Recycling System;
“Enterprise” is the legal person with whom Returpack has concluded this Agreement;
“Packaging” is an aluminium can, a steel can, a PET bottle or a plastic bottle;
“Deposit” is the deposit valid for a specific Packaging from time to time, payable to Returpack by the Enterprise in accordance with this Agreement;
“Parties” are the Enterprise and Returpack;
“PET-bottle” is a recyclable PET bottle attached to the Recycling System;
“Plastic bottle” is a plastic bottle of a type other than PET, which has, from time to time, been accepted and attached to the Recycling System. The information on the types of plastic bottles (other than PET-bottles) accepted to the Recycling System is available from Returpack;
“Reverse Vending Machine” (RVM) is a machine for the collection of returned Packaging;
“Returpack” means Returpack-Burk Svenska AB (556128-9117) and Returpack-Pet Svenska AB (556478-4204);
“Recycling System” is Returpack’s recycling system for the collection and recycling of Packaging;
“Sorting fee” is the fee valid for each specific Packaging and payable in due course from time to time by the Enterprise to Returpack in accordance with this Agreement;
“Steel can” is a steel can attached to the Recycling System.
Returpack has the right, within reasonable extent (but at least once in a calendar year) and with the help of auditors, to check the accuracy of the Enterprise’s sales reporting and the observance of this Agreement, and to make sure that the Recycling System has not been subjected to fraud. Should Returpack, in the course of such a check, discover that the Enterprise’s sales reporting has been inaccurate, the Enterprise shall compensate Returpack’s legitimate costs related to the check.
Returpack’s responsibility pursuant to this Agreement is limited to the direct damages that Returpack has caused to the Enterprise. Returpack is not to be held liable for indirect damages, e.g. loss of profit, declined turnover, or loss of goodwill. The total damages liability of Returpack shall not under any circumstances exceed 1 million SEK per calendar year.
All eventual immaterial rights, similar to but not limited to copyright, patent, and trademark of the Recycling System, as well as knowledge about methods, use and other know-how related thereto is the property of Returpack. This Agreement shall not provide the Enterprise with any rights to or right to take advantage of the Recycling System or knowledge related thereto in any other way than that explicitly stated in this Agreement.
The parties to this Agreement undertake, for the period of validity of this Agreement and within a period of five years thereafter, to observe the secrecy of confidential information about the other Party that may come to their knowledge. This concerns above all sales information.
The obligation of secrecy does not include:
(a) information that was or has become public, provided this has not occurred due to breach of this Agreement;
(b) information that was already known to the receiving Party
(c) information obtained by a third party, who is not bound by any obligation of secrecy; or
(d) information that is required by a decision or decree of a state authority or pursuant to law.
Notwithstanding the above, Returpack has the right to give unrestricted information (whether considered confidential or not) to enterprises belonging to the same concern or ownership as Returpack, provided that such enterprises undertake to handle such information with the same degree of secrecy as Returpack. Furthermore, Returpack has the right to provide information on current basis on the number of attached and collected Packagings (per barcode) to the Swedish Board of Agriculture.
The Parties have no right to cede or pledge the whole or part of their rights and/or obligations pursuant to this Agreement without having first obtained the written consent of the other Party. Nevertheless, Returpack has the right to cede all its rights and obligations pursuant to this Agreement to enterprises belonging to the same concern or ownership as Returpack.
Returpack has, after consultations with relevant branch organisations, the right to amend this Agreement with at least three months’ notice. If the Enterprise does not accept such amendment of terms, the Enterprise has the right to terminate this Agreement until expiry in accordance with Item 15.1. Returpack shall publish the amendments to this Agreement and news about the Recycling System on the Returpack homepage (http://www.returpack.se).
The provisions of this Agreement that extend beyond the expiry date of the Agreement, e.g. provisions on secrecy and responsibility for Packagings marked with the Enterprise’s barcode, shall continue to be valid after the expiry of this Agreement.
Should Returpack so require, the Enterprise has the obligation to deposit a security for their obligations pursuant to this Agreement. Such a security shall, if required by Returpack, continue to be valid within the period of two years after the expiry of this Agreement.
Phone: 011-19 19 70
602 38 Norrköping
601 05 Norrköping