Rejected Materials definition
Examples of Rejected Materials in a sentence
Fulcrum also acknowledges that Supplier is under no obligation to “pre-process,” sort or grind the Feedstock prior to delivery, that all Feedstock delivered by Supplier shall be in the form received by Supplier at the Transfer Station or Materials Recovery Facility, and that inevitably a portion of the Feedstock delivered by Supplier will consist of a certain amount of materials that may become Rejected Materials.
Rejected Materials that are identified by Fulcrum and segregated prior to loading into the Facility’s front-end sorting/shredding systems are herein referred to as “Primary Rejected Materials”, and Rejected Materials that are identified by Fulcrum and segregated after loading into the Facility’s front-end sorting/shredding systems are herein referred to as “Secondary Rejected Materials”.
In the event that the Feedstock delivered by Supplier under this Agreement is co-mingled at the Facility with Feedstock from any other third party, then Fulcrum shall have the burden of proving that properly Rejected Materials were in fact delivered by Supplier and not other third parties.
Such Rejected Materials shall be returned to Supplier at the Facility, unless Supplier and Fulcrum agree otherwise.
Each Party shall provide those completed documents, shipping papers or manifests as are required for lawful transfer of Feedstock, Rejected Materials and Non-Processable Residuals (as described below).
Fulcrum shall provide notice to Supplier of Fulcrum’s identification of any Rejected Materials and shall (subject to Section 2.8) afford Supplier a five (5) hour window to meet and confer with Fulcrum at the Facility to review the Rejected Materials, before any action is taken to handle or otherwise manage such Rejected Materials.
The weight of any Primary Rejected Materials shall not, but the weight of any Secondary Rejected materials shall, be counted towards the Maximum Deliverable Quantity or the other applicable Feedstock delivery or acceptance requirement amounts set forth in this Agreement.
Supplier shall reimburse Fulcrum (within forty-five (45) Days after receipt of an invoice) for Fulcrum’s reasonable costs and expenses relating to the handling of (and, if any, the loading, transportation and disposal of) any Rejected Materials (but not including any costs associated with the front-end sorting/shredding systems operated by Fulcrum).
Fulcrum shall use commercially reasonable efforts to separate and track Non-Processable Residuals and Rejected Materials at the Facility derived from Supplier’s Feedstock.
Supplier shall collect all such Non-Processable Residuals (and Rejected Materials) derived from Supplier’s delivery of the Feedstock and generated by the Facility and transport them to, and dispose of them at, Supplier’s [***] or other appropriate and lawful disposal site.