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Terms & Conditions

SERVICE AGREEMENT

1.0 GENERAL PROVISIONS

1.1 ACTenviro is a corporation engaged in the business of environmental management, including, but not limited to, the packaging, transportation, and disposal of hazardous waste; general and specific environmental, health and safety compliance; chemical relocations; radiological waste management; biological waste management; facility decontaminations; and on-site staffing of environmental professionals.

1.2 Upon acceptance of the agreement, the parties agree to be bound by the terms of the Service Agreement. The parties understand that the terms of the agreement and the terms of the Service Agreement make up the entire contract of the parties.

1.3 ACTenviro carries all permits and authorizations required to perform work for CUSTOMER.

1.4 The term of the agreement shall be intact until either party agrees to terminate with or without cause by giving 90 days written notification to the other party.

2.0 LAWFUL COMPLIANCE IN PERFORMANCE OF WORK

2.1 ACTenviro and CUSTOMER agree to comply with all applicable federal, state, and local laws and ordinances and lawful orders, rules, and regulations of any constituted authority that may pertain to the generation, collection, transportation, handling, storage or disposal of any of CUSTOMER’S waste. ACTenviro and CUSTOMER have obtained all necessary permits, licenses, and other forms of documentation required to perform their respective obligations hereunder and, upon request of the other party, each shall furnish copies thereof to such other party. CUSTOMER shall obtain generator EPA identification numbers and promptly notify ACTenviro of such EPA identification numbers and any changes thereto. As it pertains to the transporting of the waste material, ACTenviro, is acting as a common carrier and in no other capacity. ACTenviro will not accept improperly identified and/or unidentified material for packaging, transportation, and/or disposal.

2.2 CUSTOMER warrants that it is under no temporary or permanent injunction, administrative or court order or writ, which would prohibit or constrain the transportation, treatment, storage and/or disposal of such wastes by ACTenviro in any manner whatsoever.

3.0 OWNERSHIP AND TITLE OF WASTE

3.1 CUSTOMER warrants that it holds clear title to all the wastes to be packaged, transported, treated, stored, and or disposed of as part of the work. CUSTOMER assumes responsibility, without limitation, as “Generator” (as defined in the applicable statutes and/or regulations) for compliance with the Resource Conservation and Recovery Act, 42 USCA, section 6901, et seq., (hereinafter “RCRA”), the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601, et seq., (hereinafter “CERCLA”) and any federal, state or local statute, ordinance, treaty, or regulation that applies to “Generators” or entities responsible for the creation of hazardous waste or release thereof.

3.2 Nothing contained within this Contract shall be construed or interpreted as requiring ACTenviro to assume the status of “Generator” as that term appears in RCRA, CERCLA, or any federal, state, or local statute or ordinance or any treaty governing the generation, treatment, storage, transportation, and disposal of waste, such as, without limitation, the Hazardous Waste Control Act and the Carpenter-Presley-Tanner Hazardous Substance Account Act.

4.0 INSURANCE

4.1 ACTenviro maintains insurance at or above the required levels required by governing agencies for work performed for CUSTOMER.

4.2 Certificates of insurance will be provided upon request.

5.0 WASTE DISPOSAL

5.1 CUSTOMER shall approve of the disposal facility to which the waste shall be taken. CUSTOMER acknowledges and agrees that the CUSTOMER alone has reviewed and approved of the place of disposal, as indicated by the CUSTOMER’S signature on relevant shipping documents.

6.0 NON-CONFORMING WASTE

6.1 CUSTOMER understands that waste pricing is highly dependent on the constituents, and percentage of constituents, of the waste. CUSTOMER warrants that all wastes which may be serviced under this agreement shall materially conform to the WASTE DESCRIPTIONS in the Proposal, which were provided to ACTenviro by CUSTOMER.

6.2 If CUSTOMER ships waste outside of the parameters outlined in the waste’s profile, CUSTOMER understands additional charges may result and agrees to pay the additional charges related to the packaging, transportation, and disposal of the non-conforming waste.

7.0 PRICING AND COMPENSATION

7.1 CUSTOMER agrees to compensate ACTenviro according to the parameters outlined in this agreement. ACTenviro will invoice the CUSTOMER as each stage of the project is completed. All invoices are due net thirty (30) days from the date of issuance. ACTenviro reserves the right to charge a market (%) finance charge per month for balances past due thirty (30) days.

7.2 Pricing may be modified to (a) include pricing for new services and/or (b) adjust current pricing for existing services. If the pricing is modified, ACTenviro shall provide CUSTOMER a Revised Pricing Schedule, which shall become effective upon the date of receipt, indicated by the signature of CUSTOMER.

8.0 INDEMNIFICATION

8.1 ACTenviro agrees, to the fullest extent permitted by law, to indemnify and hold harmless CUSTOMER from and against any liabilities, damages, and/or costs (including reasonable attorney’s fees and cost of defense) arising out of the death or bodily injury to any person, or the destruction or damage to any property, to the extent caused, during the performance of services under this Contract, by the negligent acts, errors and/or omissions of ACTenviro or its officers, directors, principals, or employees, subject to the limitations outlined in Section 9.0 (Limitation of Liability) of this Contract.

8.2 CUSTOMER agrees, to the fullest extent permitted by law, to indemnify and hold harmless ACTenviro, its officers, directors, principals and employees, from and against any liabilities, damages, and/or costs (including reasonable attorney’s fees and cost of defense) arising out of the death or bodily injury to any person, or the destruction or damage to any property, to the extent caused, during performance of services under this Contract, by the negligent acts, errors or omissions of the CUSTOMER or CUSTOMER’S contractors, consultants or anyone for whom CUSTOMER is legally responsible.

9.0 LIMITATION OF LIABILITY

9.1 CUSTOMER acknowledges and understands the inherent difficulty in packaging and moving materials in chemical relocation projects. Examples may include, but are not limited to, chemicals, media, live stock cultures, refrigerated material, research compounds and/or pharmaceutical related material. If any damage occurs to the materials during the packaging, shipment, unpacking and placement of the materials, CUSTOMER agrees to submit claims only for the replacement value of the materials, and in no circumstance shall such claim(s) exceed $5,000 per project. CUSTOMER understands and agrees that $5,000 is the maximum allowed claim for the replacement and damage of materials under this Contract, and that all other damage and/or replacement claims are hereby waived by CUSTOMER.

9.2 All materials with a value in excess of $1,000 shall be identified to the ACTenviro project manager. Any items damaged by ACTenviro during relocation will have a maximum combined liability not to exceed $1,000 unless identified to the ACTenviro project manager in advance of start of work.

10.0 INDEPENDENT CONTRACTORS

10.1 CUSTOMER understands and acknowledges, and ACTenviro hereby agrees that this agreement shall not render the agents of ACTenviro as employees of CUSTOMER for any purpose. The agent of ACTenviro is and will remain an agent of ACTenviro in his or her relationship to CUSTOMER. Consequently, CUSTOMER shall not be responsible for withholding taxes with respect to the agent’s compensation. The agent shall have no claim against CUSTOMER hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

11.0 RESTRICTIVE COVENANT CONVERSION/RITE TO HIRE

11.1 If CUSTOMER wishes to hire or otherwise engage an ACTenviro employee as an employee, consultant, independent contractor, or in any other way utilize a person employed by ACTenviro, or hire, contract or in any other way utilize a person employed by ACTenviro within the previous 3 years of the date of said hiring, contracting or utilization, CUSTOMER agrees to pay ACTenviro a personnel acquisition fee equal to one year (2060 Hours) of the individual’s highest customer hourly billing rate.

12.0 SUBCONTRACTORS

12.1 CUSTOMER understands and agrees that ACTenviro may assign and subcontract certain portions of the work performed for CUSTOMER. However, ACTenviro warrants that all work performed for CUSTOMER by ACTenviro subcontractors shall carry all protections, restrictions and limitations as if ACTenviro performed the work.

13.0 ATTORNEY’S FEES

13.1 In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Contract, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.

14.0 NOTICE

14.1 Any notices required or permitted to be given under this agreement shall be given in writing and shall be delivered (a) in person, (b) by a commercial overnight courier that guarantees next day delivery and provides a receipt or (c) by or prepaid certified mail, return receipt requested to both: Advanced Chemical Transport, 967 Mabury Road, San Jose, CA 95133, Attn: Shawn Ball, Senior Vice President, and Advanced Chemical Transport Inc.

15.0 CONFIDENTIALITY

15.1 All information and material that may be disclosed by one party to the other in the course of performance of this Contract is considered confidential and proprietary and will not be used by the receiving party other than for the purposes under this agreement for which it was disclosed. The receiving party will protect such information from disclosure to third parties and hold it as confidential using the same degree of care as that party uses to protect its own confidential or proprietary material of like importance, but at least reasonable care. This obligation will continue for a period of two (2) years following receipt of the material and will survive any termination of this Contract, but it will not cover any information which is disclosed to a third party by the disclosing party without restrictions on disclosure, any information that has been or is developed independently by the receiving party without violation of obligations of confidentiality, any information that falls into the public domain without fault of the receiving party, any information that is rightly obtained by the receiving party from a third party without restriction, or any information that is rightly in the possession of the receiving party at the time of disclosure by the disclosing party.

16.0 FORCE MAJEURE

16.1 Neither party shall be liable in damages or have the right to terminate this agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including Acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

17.0 SEVERABILITY

17.1 If any provision or provisions of this agreement shall be held to be invalid, illegal, and unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

18.0 ENTIRE CONTRACT

18.1 This agreement, including the Scope of Work, Revised Pricing Schedule, Waste Profile Sheet(s) and any other schedule or exhibit referred to in this agreement, constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this agreement and supersede all prior and contemporaneous understandings or agreements, whether oral or written, of the parties. This agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements.

18.2 No party has been induced to enter into this agreement by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this agreement.

18.3 No modification shall be binding on ACTenviro unless in writing and signed by both parties. In no event shall the conflicting terms or conditions found on any CUSTOMER purchase or work order be considered an amendment or modification to this agreement.

19.0 GOVERNING LAW

19.1 The laws of the State of California shall govern the validity and interpretation of this agreement, without regard for conflicts of law principles of this, or any other, jurisdiction.

ADDITIONAL PROVISIONS

Work Hours

All personnel and equipment rates are subject to the following:

  • Weekdays: 0700 to 1500 hours charged at Straight Time (ST = Hourly rate);
    1500 to 1900 hours charged at Overtime (OT = 1 ½ times the hourly rate);
    1900 to 0700 hours charged at Double Time (DT = 2 times the hourly rate);
    Changes to start times for weekday ST, OT and DT may be requested by Client and may be approved by ACT on a case-by-case basis.
  • Saturday: First 8 hours charged at OT; hours over first 8 hours charged at DT.
  • Sundays and Holidays: All time charged at DT. The above Rates are applied regardless of the number of hours worked for any Client on any day. Rates for hours subsequent to a break of less than 8 hours are charged at the appropriate OT or DT rate continuous to hours prior to break.
  • All hourly rates will be charged portal-to-portal from the location ofpersonnel when dispatched.
  • All charges are subject to a Four Hour Minimum (4 Hours). All holdover and stand- by time will be billed as regular work hours unless otherwise specified in advance.
  • All project-specific personnel, including accounting, administrative, personnel support, logistics and management, whether on site at ACT offices, or at support locations, are chargeable. All personnel are charged according to the above rates, regardless of full-time, part-time, subcontracted or third-party labor source status. Surcharges apply for remote sites and prevailing wage projects.
  • Time charges begin with initial notification and terminate after personnel, equipment arrives back at ACT operations centers, and equipment and supplies have been re-stocked.
  • Per Diem charges in metropolitan areas are $950.00 per person per day, unless actual cost incurred are greater, in which case, charges will be billed at cost + 15%. Rates for premium areas and remote sites to be determined by ACT at time of service. Vehicle mileage charges of $4.25/mile apply for responses greater than 50 miles from responding office.

Double Time Recognized Holidays

New Year’s DayMartin Luther King Jr. Birthday
Presidents DayVeterans Day
EasterMemorial Day
Independence Day (July 4th)Labor Day
ThanksgivingDay After Thanksgiving
December 24thChristmas Day

Prevailing Wages:

No rates provided account for prevailing wage rate tables or specific classes of labor

Disposal, Subcontractors, and Rental Equipment:

Disposal costs not listed, and all subcontractor services will be quoted on a case-by-case basis.

Equipment:

Day rates are based on 12-hours of operation beginning with mobilization. Minimum charge for Day rate equipment is daily charge per day with additional hours over 12 charged in a half-day increment. Equipment rates do not include operator or drive. Minimum call out for hourly equipment is 4 hours. All equipment remains on the clock and subject to charges until properly decontaminated by ACT personnel and returned to service. ACT personnel shall conduct all decontamination operations on its equipment. The Customer is responsible for damages and wear.

Non-Specified Container Conversion

Container SizeConversion
01-05 gallon35%
06-15 gallon50%
16-30 gallon75%
31-55 gallon1x
Cubic Yard Boxes4x
250-275 gallon totes5x
330-350 gallon totes6x

Conversion Notes:

  • These conversions will be applied to all disposal and transportation items unless provides in the above or an alternative quote.
  • Numbers are expressed as a factor of a 55gallon drum (i.e., 55gallon price x 35% = Sell Price)
  • The greater of the conversion factor or location container minimum will be applied.
  • Some waste may have a different, typically lower, minimum which is reflected on Table 6. 

Satisfied Customers

  • Our account manager and his support team’s responsiveness and personalized service make doing business with ACTenviro a real pleasure. ACTenviro handles my client’s chemical, biological and radioactive waste.
    Contract Environmental Health & Safety Consultant
    Biopharmaceutical Company
  • Thank you very much for your service at our initial appointment. Your technician was great and provided excellent customer service. Your company has exceeded our expectations. ACTenviro will be our go-to waste disposal company
    Corporate Vice President
    Design, Manufacturing and Distribution Company

ALL LOCATIONS

California
San Jose (Corporate Offices and Working
Facility)
967 Mabury Road
San Jose, CA 95133
Phone: (408) 548-5050
24.7 ER: (866) 348-2800
Fax: (408) 548-5052
Dixon
6940 Tremont Road
Dixon, CA 95620
Phone: (800) 559-3274
Los angeles
12235 Los Nietos Road
Santa Fe Springs, CA 90670
Phone: (714) 545-2191
SUNNYVALE
1210 Elko Drive
Sunnyvale, CA 94089
Phone: (408) 548-5050
Fax: (408) 548-5052
san diego
2010 W Mission Road
Escondido, CA 92029
Phone: (858) 925-2500
sacramento
4 Wayne Court, Building 9
Sacramento, CA 95829
Phone: (916) 299-4228
inland empire
600 Iowa Street
Redlands, CA 92373
Phone: (909) 406-4400
merced
265 Riggs Avenue
Merced, CA 95341
Phone: (209) 722-4228
Fax: (209) 722-8228
Oregon
portland
13600 SE Ambler Road
Clackamas, OR 97015
Phone: (971) 279-6780
New Mexico
ALBUQUERQUE
208 Murray Road SE
Albuquerque, NM 87105
Phone: (505) 445-9400
Fax: (505) 445-9401
ACTreatment (TSDF)
6137 Edith Boulevard NE
Albuquerque, NM 87107
Phone: (505) 349-5220
Fax: (505) 344-7986
El Paso
511 Highway 213
Chaparral, NM 88081
Phone: (575) 824-0164
ARIZONA
Phoenix
6212 S 75th Avenue #4
Laveen Village, AZ 85339
Phone: (602) 842-9160
Tucson
5568 N Camino De La Tierra
Tucson, AZ 85705
Phone: (520) 471-4672
Texas
dallas
4730 Bronze Way
Dallas, Texas 75236
Phone: (469) 518-6400
Fax: (469) 518-6402
HOUSTON
1700 North E Street
La Porte, TX 77571
Phone: (713) 568-2500
Fax: (713) 568-2501
Colorado
denver
4295 Kearney Street
Denver, CO 80216
Phone: (720) 386-2900
Pennsylvania
Fort Washington
500 Office Center Drive
Suite 400
Fort Washington, PA 19034
Phone: (626) 224-1666
Washington
spokane
1809 E. Houston Ave
Spokane, WA 99217
Phone: (509) 503-1300
Fax: (509) 503-1301
seattle
2923 S J Street
Tacoma, WA 98409
Phone: (253) 357-5200
Fax: (253) 357-5201
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