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2008-322
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2008-322
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Entry Properties
Last modified
4/13/2016 11:15:52 AM
Creation date
10/1/2015 12:42:09 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/23/2008
Control Number
2008-322
Agenda Item Number
15.B.4
Entity Name
Recycle Tech Corporation
Subject
EPS Processing /Equipment Sub-Lease Agreement
Styrofoam Recycling
Area
SWDD
Supplemental fields
SmeadsoftID
7623
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6. Disclaimer. <br /> a . Operator disclaims any and all warranties , whether expressed or implied , <br /> fitness for use and/or merchantability, as to all Extruded EPS Material produced by and <br /> through RecycleTech 's Extruding Machine . <br /> b . Operator shall have no liability or responsibility for the shipped EPS material <br /> once the EPS material leaves Operator's premises . <br /> 7. Representations by RecycleTech . RecycleTech represents and warrants to <br /> Operator as follows : <br /> a . The Extruding Machine is capable of converting all of Operator's packing EPS <br /> material into Extruded EPS Material ; and <br /> b . The Extruding Machine satisfies all minimum safety and design requirements <br /> imposed by Government and Industry standards ; and <br /> c. During the term of this Agreement, the Extruding Machine shall be capable of <br /> performance for the intended use; and <br /> d . . Operation of the Extruding Machine does not violate patent rights , nor any <br /> federal , state , municipal , local or city ordinance(s ) and/or statute(s) ; and <br /> e . . RecycleTech 's personnel , involved in the training of the proper operation of <br /> the Extruding Machine , are qualified and knowledgeable to teach the proper and <br /> adequate operation of the Extruding Machine; and <br /> L RecycleTech shall promptly comply with all obligations of this Agreement . <br /> g . . RecycleTech is the lawful owner of the Extruding Machine provided via state <br /> grant to Operator, and the Extruding Machine is free from all encumbrances . <br /> 8 . Exclusions from Warranty. Notwithstanding the foregoing , the following items <br /> are excluded from any warranty/service agreement by RecycleTech : <br /> a . Bearings , v-belts , switches , buttons , belt replacement, machine greasing , <br /> clearing of material jams , and cleaning of machine . <br /> b . Operational misuse shall not be covered by any warranties/service agreement . <br /> Any and all materials other than EPS that are put through this machine can potentially <br /> damage the unit or cause a foreign object to become lodged inside the extruder or <br /> damage the crusher and/or associated blades . <br /> 9. Further Obligations . . . . <br /> By Operator: Operator agrees to : <br /> a . Pay for all utilities associated with the production of the Extruded EPS <br /> Material ; and <br /> b . Purchase any of the Extruding Machine wearable parts , including but not <br /> limited to , bearings , v-belts , switches and/or buttons required for the operation of the <br /> Extruding Machine ; and <br /> c. Provide general maintenance for the Extruding Machine , including but not <br /> limited to , Machine greasing on a monthly basis, belt replacement, as needed , clearing <br /> jammed material and general cleaning ; and <br />
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