LEGAL REQUIREMENTS:

This program is applicable to used small-sealed, dry-cell Ni-Cd batteries that are collected, stored, and transported under the rules of the Federal Resource Conservation and Recovery Act (RCRA) and the rules of the U.S. Department of Transportation. In particular, this program operates under the provisions of Public Law 104-142, The Mercury Containing and Rechargeable Battery Management Act and 40 C.F.R. Part 273, the Universal Waste Rule. You are expected to comply with these rules. If you have any questions, you should consult your legal counsel to confirm how State and Federal rules (this will link to the section on the Corporate Profile page containing the state law information – we haven’t created this yet) apply to your participation in this program.

NON-CONFORMING USED BATTERIES:

If the Consolidation Facility (CF) determines within thirty (30) days after delivery of Used Batteries from GENERATOR’s facility (or within any such shorter period that may be prescribed by applicable law) that the Used Batteries are non-conforming under the terms of this battery recycling program, the CF shall immediately notify GENERATOR, and shall arrange with GENERATOR for the satisfactory disposition of such Used Batteries upon mutually agreeable terms and conditions, or reject and return such non-conforming Used Batteries to GENERATOR without further obligation. The CF shall bill GENERATOR for the costs of rejecting and returning non-conforming batteries.

LIABILITY AND INDEMNIFICATION:

The CF shall indemnify, save harmless and defend GENERATOR against any and all claims, liabilities, penalties, forfeitures, suits, costs and expenses incident thereto (including costs of investigation, defense, settlement, and reasonable attorneys’ fees), resulting from death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of governmental regulations or orders to the extent such is caused by the negligent or willful acts or omissions of the CF or any of its agents or employees in handling the Used Batteries.

The GENERATOR shall indemnify, save harmless and defend the CF against any and all claims, liabilities, penalties, forfeitures, suits, costs and expenses incident thereto (including costs of investigation, defense, settlement, and reasonable attorneys’ fees), resulting from death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of governmental regulations or orders to the extent such is caused by the negligent or willful acts or omissions of the GENERATOR or any of its agents or employees in handling the Used Batteries.