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SCRAP SALES, INDEMNIFICATION, & RELEASE OF LIABILITY AGREEMENT
This Scrap Sales, Indemnification, and Release of Liability Agreement governs all sales of Recyclable Scrap Metal (as defined below) between You (“Seller”) and EMR (USA Holdings) Inc. and all affiliated entities in the United States (collectively, “Buyer,” “we,” or “us”).
These warranties survive any delivery, inspection, acceptance, or payment of or for the Recyclable Scrap Metal by Buyer. These warranties are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of Buyer’s discovery of the noncompliance of the Recyclable Scrap Metal with the warranties.
Seller certifies that all PCB capacitors, PCB small capacitors or any other PCB containing equipment shall be removed from all Recyclable Scrap Metal by Seller and disposed of by Seller in accordance with all applicable laws prior to delivery to Buyer. Seller certifies that all mercury switches shall be removed from any end-of-life vehicles by Seller and disposed of by Seller in accordance with all existing and proposed laws and regulations prior to delivery to Buyer, regardless of whether Seller delivers the vehicle to Buyer prior to the crushing, flattening, shredding, or baling of the vehicle. Other federal, state, and local laws, regulations and ordinances also affect the chemical and physical requirements for Recyclable Scrap Metal delivered to the Buyer by the Seller. Seller certifies that it will not deliver to Buyer Recyclable Scrap Metal that does not conform to such physical or chemical requirements and shall remove any substances necessary to achieve such conformance. Seller represents and warrants that all Recyclable Scrap Metal delivered to Buyer shall conform to the foregoing requirements.
Seller will provide to Buyer a signed written statement that all refrigerant in the appliance had leaked out due to system failures, accidents, or other unavoidable occurrences not caused by a person’s negligence or deliberate acts such as cutting refrigerant lines. Seller agrees to provide Buyer with such certification whenever requested by Buyer and prior to the delivery of any Recyclable Scrap Metal to Buyer.