Scrap Agreement Draft
13.1 The deadline is essential for all data, periods and deadlines that the customer must respect under the agreement, as well as for all data, deadlines and deadlines that may be replaced by the written agreement of the parties. 3.7 Customer will not provide excluded products to its affiliated companies and authorized subcontractors without Sims` prior written consent to the services and price to be borne. (B) Customer wishes to obtain scrap metal recycling services from Sims. Sims wishes to provide such services to Customer under the terms of this Agreement. 2.2 Sims collect and recycle scrap metal from participating customer sites, either by reuse or by sale for reuse. Sims will respond within a reasonable time if they are notified by a participating customer site to recover debris. In order to facilitate pickup, Sims may, at its discretion (at customer`s risk), provide customer with skips/containers to be kept at its site(s). If the customer delivers the containers or goods to Sims, these deliveries are made within two days of the Sims` request. 13.5 These documents describe the entire agreement between the parties, all agreements and their terms that have been previously enforced are void and the relationship between the parties is strictly subject to the terms of this Agreement. 7.7 The Company shall only be deemed to be accepted when it has had fourteen (14) days to review them after delivery (“Acceptance”). The Company also has the right to refuse the Goods within fourteen (14) days from the date of inspection, if the Goods do not comply with the relevant contract, contain untreated Products, or are not securely packaged at the reasonable discretion of Sims or its related companies. For the avoidance of doubt, payment for the goods at the time of delivery is not considered acceptance of the goods.
1.2 All headings are intended for easier reference only and have no influence on the design or interpretation of the conditions; 2.1 Subject to modification in accordance with condition 2.8, any collection or delivery of the goods by or to Sims during the lifetime is always subject to these terms and conditions and is considered on each occasion as a separate sales contract entered into under these terms, to the exclusion of any other conditions, including any conditions or conditions that the customer imposes to apply in connection with a confirmation or order confirmation. Offer, specification, delivery note, invoice or similar document, whether or not the sales contract refers to this document. 15.1 THE COMPANY, INCLUDING THE MAXIMUM AGGREGATE LIABILITY OF ITS RELATED COMPANIES UNDER THIS AGREEMENT AND/OR THE SALES CONTRACT (INCLUDING, BUT NOT LIMITED TO, A SOW) (WHETHER IN CONTRACT, UNLAWFUL ACT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY OBLIGATIONS, REIMBURSEMENT IN COMPENSATION OR OTHERWISE) FOR DAMAGES OR LOSSES CAUSED, IS LIMITED TO TEN THOUSAND DOLLARS (10,000.00 USD). NOTWITHSTANDING THE FOREGOING, NEITHER PARTY OR THEIR RESPECTIVE RELATED ENTERPRISES EXCLUDES THEIR LIABILITY (IF ANY) TO THE OTHER PARTY OR THEIR RESPECTIVE ASSOCIATED ENTERPRISES FOR MATTERS IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR A PARTY TO EXCLUDE OR ATTEMPT TO EXCLUDE IT. . 7.8 If the goods are not delivered by the date set out in the sales contract or as agreed by the parties, the company may, at its option, terminate the contract and claim damages for losses resulting from a breach of clause 7.8. (A) Sims Metal Management is the world`s leading recycler of ferrous and non-ferrous metals, electronic waste and electrical equipment. “Business Day”, a day that is not a Saturday, Sunday or holiday in the State of Texas; 13.8 Nothing in this condition 12 shall be interpreted or construed in such a way as to limit or exclude a person`s liability for fraud or fraudulent misrepresentation. . . .