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COMPLIANCE INFO_PRE 2019
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2217 – Appliance Recycler Program
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PR0518298
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COMPLIANCE INFO_PRE 2019
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Entry Properties
Last modified
6/29/2020 11:42:54 AM
Creation date
6/29/2020 11:30:40 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2217 – Appliance Recycler Program
File Section
COMPLIANCE INFO
FileName_PostFix
PRE 2019
RECORD_ID
PR0518298
PE
2217
FACILITY_ID
FA0010274
FACILITY_NAME
SIMS METAL
STREET_NUMBER
1000
Direction
S
STREET_NAME
AURORA
STREET_TYPE
ST
City
STOCKTON
Zip
95206-1620
APN
15132022
CURRENT_STATUS
01
SITE_LOCATION
1000 S AURORA ST
P_LOCATION
01
P_DISTRICT
001
QC Status
Approved
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SJGOV\gmartinez
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EHD - Public
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0 3Ac__01'7 <br /> Scrap Acceptance Agreement <br /> �s Scrap Acceptance Agreement("Agreement") is entered into� this 22 day of �� between <br /> ("Seller") and Simsmetal USA Corporation, a Delaware corporation, <br /> ("Buyer") under the following terms and conditions. The initial term of this Agreement shall continence upon <br /> execution of this Agreement and shall expire on December 31, 2002. Thereafter the term shall be automatically <br /> extended on a month-to-month basis, on the terms and conditions set forth in this Agreement. <br /> 1) Buyer agrees to buy scrap metal ("Scrap") only upon each issuance to Seller of a Weighmaster Certificate <br /> or Purchase Contract (each a "Contract") for such Scrap and at the price specified therein, in accordance <br /> with the terms and conditions of this Agreement, whether or not referred to in any Contract,and of both the <br /> front and reverse sides of that Contract. <br /> 2) Buyer shall not be deemed to have accepted the Scrap purchased herein until such Scrap has been approved <br /> by Buyer at Buyer's facility. Buyer reserves the right to reject at any time any Scrap not as warranted or <br /> not conforming because materially different than as described herein (including without limitation because <br /> some or all of the Scrap material is a Hazardous Material, as defined herein). Any Scrap which is refected <br /> by Buyer shall be at Seller's sole cost and risk. Under no circumstances will title to any Scrap material <br /> transfer to Buyer which is not as warranted, certified or conforming to this Agreement. <br /> 3) Seller shall not tender to Buyer any materials which are considered hazardous or toxic materials, <br /> substances, or wastes under any applicable Law (as defined herein), including without limitation any of <br /> those materials described in Exhibit A, attached hereto and incorporated herein by reference ("Hazardous <br /> Material"). Seller is solely responsible for the condition and cleanup of the Scrap and any releases <br /> therefrom. Seller certifies that it shall perform prior to delivery of Scrap to Buyer all actions required to <br /> comply with California Assembly Bill 847, whether or not such Bill is in force or effect, and that the Scrap <br /> is exempt from regulation as a hazardous waste in accordance with all applicable federal, state, and local <br /> laws, regulations and requirements, and any guidance and interpretation by any applicable regulatory <br /> agency and any orders and decisions of any applicable court (each and all a "Law"). All warranties, <br /> certifications, indemnities, and other obligations made by Seller shall survive the expiration of this <br /> Agreement. <br /> 4) Seller certifies that all refrigerants (including without limitation chlorofluorocarbons (CFCs), <br /> hydrochlorofluorocardons (HCFCs), and all other Class I and II substances, as defined in Section 608 of <br /> the federal Clean Air Act, as amended, and in 40 CFR Part 82 of the Code of Federal Regulations) that <br /> have not leaked previously will be properly removed and recovered from the appliances or shipments of <br /> appliances (including without limitation motor vehicle air conditioners) to be delivered under this contract <br /> of sale prior to the delivery of those appliances to Buyer. <br /> 5) Seller agrees to defend, indemnify and hold harmless Buyer and its owners and employees (each an <br /> "Indemnitee"), from and against any claim, penalty, fine, expense (including attorneys' and expert fees), <br /> cost, loss, obligation. or any other liability of any kind sustained by any Indemnitee arising in whole or in <br /> part from any breach of this Agreement by Seller or any act or omission of Seller, its subcontractor(s), or <br /> any of their respective employees or agents. <br /> 6) The undersigned individual signing on behalf of Seller represents and certifies that he or she is duly <br /> authorized by the Seller to sign this agreement and certification on behalf of Seller. Any acknowledgment <br /> or confirmation issued by Seller regarding any Contract shall be deemed as issued solely for administrative <br /> purposes but in no event shall any terms or conditions thereon govern. <br /> AGREED- AGREED: <br /> R BUYER-Simsme USA Corporation <br /> ame: Name: ��i, <br /> Title: Title: <br /> Address: '{«dG�- S� Address: <br /> 6GNCRL10 DOC <br /> C al Vcr. 1.rev 4/9/99 <br />
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