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mow BE Olcr? USING SAN ETY-KLEEN SOLVENTS, CLEANING SOLUTIONS OR EQUIPMENT, READ ALL
<br />APPLICABLE MATE AFETY DATA SHEETS (MSDS) LABELS, INSTRUCTIONS. IF YOU HAVE ANY
<br />AW QUESTIONS OR NEE DTIIONAL INFORMATION PLEASE C CT YOUR LOCAL SAFETY-KLEEN
<br />i11E�I11B8A. SERVICE CENTER OR C 1-800-669-5740.
<br />GENERAL TERMS AND CONDITIONS
<br />The following general terms and conditions ("General Terms") apply to all services provided by Safety-Meen Systems, Inc. or any of its subsidiaries and
<br />affiliates (collectively "SK"). To the extent that the General Terms conflict with any term or condition of an executed agreement between SK and
<br />Customer (the e nt"), the terms and conditions of the Agreement shall govern to the extent of such conflict.
<br />1. Compliance. (a) Customer acknowledges placement of the equipment and materials, including, but not limited to containers, solvents, and aqueous
<br />cleaning solutions, listed in a SK placement form, service acknowledgement, invoice, or similar agreement ("Equipment"). Customer agrees that all
<br />servicing, repair and maintenance of Equipment will be performed only by SK All SK owned or provided Equipment ("SK Property") will remain the
<br />property of SK and will be returned to SK upon termination of service. Customer agrees to pay for replacement of SK Property due to loss or damage.
<br />All Customer -owned equipment will be serviced by SK, but will be maintained, repaired by, and remain the property of Customer. (b) Customer agrees
<br />that it will not (i) introduce any substance into the SK Property, including, without limitation, any hazardous waste or hazardous waste constituent, except
<br />to the extent such introduction is incidental to the normal use of the SK Property, and (ii) place parts or paint guns that have been contaminated with, or
<br />otherwise introduce, polychlorinated biphenyls ("PCBs"), herbicides, pesticides, dioxins, or listed hazardous wastes into the solvent or aqueous cleaning
<br />solution. (c) Customer will submit a separate description ("Material Profile") for each waste material tendered or delivered by Customer to SK ("Waste").
<br />Customer, upon request by SK will submit a sample of the Waste described in the Material Profile with the Material Profile. Customer acknowledges
<br />and agrees that SK bases its testing, evaluation, collection, handling; and processing procedures on the description of the Waste contained in the Material
<br />Profile. Customer agrees not to mix the Waste with any other materials (including, without limitation, materials containing PCBs) or otherwise alter the
<br />characteristics of the Waste. Customer will inform SK of any process changes that may alter the characteristics of the Waste. (d) If Customer disposes of
<br />aqueous cleaning solutions provided by SK at Customer's site ("On-site Disposal"), title to such aqueous cleaning solutions will pass to Customer at the
<br />time of the On-site Disposal. (e) If Customer requests oil services, Customer will properly classify the Waste as used oil or nonhazardous waste in
<br />accordance with all applicable laws, rules, and regulations, including, but not limited to the provisions of 40 CFR 262.11.
<br />2. Customer Agreements, Representationsand Warranties: Customer agrees, -represents, and -warrants that: (a) Customer is and will remain in
<br />compliance with all requirements of any laws, rules, regulations or ordinances applicable to the rights or obligations contained in these General Terms
<br />("Applicable Laws"). (b) When Customer is responsible for packaging and marking the Waste, Customer will describe, code, package and label the Waste
<br />in accordance with all Applicable Laws. (c) All Material Profiles are and will be true, accurate and complete and the Waste will conform to the Material
<br />Profile. If the Waste does not conform to the description contained in the Material Profile or if any packaging and/or marking provided by Customer is not
<br />in accordance with Applicable Laws (i) the Waste will be considered nonconforming and (ii) SK may, in its sole discretion, refuse to accept, or revoke its
<br />acceptance of such nonconforming Waste. A revocation of acceptance will operate to revert title, risk of loss, and all other incidents of ownership in or
<br />to such nonconforming Waste in Customer at the time of revocation. Customer will be subject to a nonconforming waste charge, including the cost of
<br />equipment decontamination and subsequent disposal. (d) The SK service acknowledgement, invoice, or similar form signed by Customer will accurately
<br />reflect the type ;and quantity of Wastes generated by Customer and Customer's generator statVs. (e) When SK provides its nonhazardous parts cleaner,
<br />paint gun cleaner, paint waste, or fluid recovery service to Customer, the solvent, aqueous cleaning solution, paint waste, fluid or other non -hazardous
<br />waste ("Nonregulated Waste") has, not been and will not be mixed, combined or otherwise blended in any quantity with any material that would rerider
<br />the Nonregulated Waste hazardous under Applicable Laws and certifies that the Nonregulated Waste was generated in the same process that generated the
<br />Nonregulated Waste that was sampled and analyzed by SK to qualify the Nonregulated Waste for nonhazardous treatment. (f) Customer grants to SK
<br />reasonable access to Customer's premises for purposes of providing services.
<br />3. Indemnification. (a). SK agrees to indemnify, hold harmless and defend Customer from and against any and all liabilities, claims, penalties, and the
<br />reasonable costs and expenses incident thereto, which Customer may hereafter incur, become responsible for, or pay out as a result of death or bodily injury
<br />to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of Applicable Laws, to the
<br />extent that such liability was caused by: (i) SK's breach of any term or provision of these General Terms or (ii) any negligent act or omission or willful
<br />misconduct of SK or its employees or agents. (b) To the extent any liability or loss is incurred by SK as a result of (i) Customer's breach of any term or
<br />provision of these- General Terms; (ii) the failure _ofany representation or warranty_ of_ Customer to_be,.true, accurate and complete; or (iii) any negligent act
<br />or omission or willful misconduct of Customer or its employees or agents, Customer will indemnify, hold harmless and defend SK from and against any and
<br />all liabilities„Elaims, penalties, suits, (including all costs, and expenses incident thereto), for bodily injury, property damage, contamination of or adverse
<br />'*effects -on the environment, or any violation of Applicable Laws. (c) In the event that any claims, penalties, losses, damages, costs, expenses and other
<br />liabilities referred to above are contributed to by the breach of contract, negligence, willful misconduct or violation of law both SK and Customer, the
<br />parties agree that all such claims, penalties, losses, damages, costs, expenses and other liabilities will be apportioned among the parties on the basis of
<br />their. comparative degrees of. fault. (d) SK will not be liable for any special, indirect, incidental or consequential daihages, whether based in
<br />contract, warranty, indemnity or tort, negligence or strict liability.
<br />4. Payment Terms. Customer agrees to pay SK according to SK's standard price schedules, which are subject to change from time to time, without
<br />notice. Applicable taxes or similar assessments are not included in the service prices as quoted and will be billed separately on invoices. SK may, in its
<br />sole discretion, charge a reasonable fuel surcharge. Payments are due upon Customer's receipt of a service acknowledgement, invoice, or similar
<br />document. Amounts due that are not paid within 30,days are subject to an interest charge equal to the lesser of 1.5% per month (18% per annum) or the
<br />maximum rate allowed by law.
<br />5. Miscellaneous Terms. Any waiver by either party of any provision or condition of these General Terms will not be construed or deemed to be a
<br />waiver of any other provisions or conditions. If any section of these General Terms is found to be unenforceable, such finding will not effect A
<br />enforceability of any other section or these General Terms as a whole. The paragraph headings in these General Terms do not in any manner affect these
<br />General Terms. The parties agree that preprinted terms and conditions o* a Cu . mer purchase or work order will be of no force and effect, even if signed
<br />by both parties. If any legal action is commenced because of an alleged ipute each, default or misrepresentation, the prevailing party will be entitled to
<br />recover attorney's fees. ((
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<br />tf !ifd
<br />Customer Name Cusheft s Authorized Signature Date
<br />and Title
<br />SKTC (8.03)
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