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Rheaply Decommissioning Service Terms

Last updated: November 17, 2023

These Rheaply Decommissioning Service Terms (“Decommissioning Terms”) form a part of, and are incorporated into, the Rheaply Terms of Service {Linked}, and apply to You, if you enter into a fully signed Order Form or SOW including the purchase of Decommissioning Services.  Decommissioning Services means the services to salvage and/or recycling of materials as stated in the Order Form or SOW. Any capitalized terms that are used but not defined in these Decommissioning Terms have the meaning set forth in the Agreement.

1. Collection Procedures.

1. a. The parties will meet and you will be responsible for identifying and providing a comprehensive inventory of the materials to be decommissioned, including the nature and extent of Decommissioning Services that You would like to order (the “Description of Decommissioning Services”).  In addition, You are responsible for:

  1. Ensuring that the Description of Decommissioning Services for your project is complete, detailed, and accurate;
  2. Providing adequate and appropriate access to any physical premises required to perform the Decommissioning Services; and
  3. Making available project team members with suitable business expertise, technical expertise and decision-making authority to ensure efficient Decommissioning Services.

Failure to comply with this provision may result in additional costs and charges for the Decommissioning Services, and you understand and agree that you will be responsible for all such additional costs and charges.

1. b. Based on your Description of Decommissioning Services, Rheaply will outline the collection procedures for Your project in the Order Form or SOW.

2. Collection Prohibitions.

2. a. During the Term, Rheaply will collect all acceptable materials stated in the Order Form or SOW for recycling and collection. The decision of what is an “acceptable” will be made in the sole reasonable discretion of Rheaply. However, in no event will Rheaply be required to accept any Excluded Items.  Excluded Items means items whose collection, disposal, and/or storage is regulated or prohibited without special licensure or which Rheaply deems unacceptable including but not limited: garbage and hazardous waste.

2. b. The term “Hazardous Waste” means any hazardous, toxic or dangerous waste, substance or material, or contaminant, pollutant or chemical, known or unknown, defined or identified as such in any existing or future local, state or federal law, statute, code, ordinance, rule, regulation, guideline, decree or order relating to human health or the environment or environmental conditions, including but not limited to any substance that is defined as hazardous by 40 C.F.R. Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act (“RCRA”) of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments (“HSWA”) of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA or any state statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by federal law.

3. Ownership. All material collected as part of the Decommissioning Services will belong to Rheaply or its affiliates from the time of collection. Materials physically collected by Rheaply will be deemed acceptable unless Rheaply notifies You otherwise within ten (10) business days of collection.

4. Compliance with Laws and Regulations. Rheaply agrees that, in performance of work and services under this contract, Rheaply will qualify under and comply with any and all applicable federal, State and local laws and regulations now in effect, or hereafter enacted during the Term, which are applicable to Rheaply, its employees, agents or subcontractors, if any, with respect to the work and services described in the applicable Order Form or SOW.

5. Subcontractors. You understand and agree that Rheaply may use third parties to perform the Decommissioning Services, and Rheaply may subcontractor the Decommissioning Services, in whole or in part, without Your prior written approval. If Rheaply subcontracts Decommissioning Services, Rheaply will be fully responsible for the performance of the duties and obligations under these additional terms. Rheaply will have a written contract with each Subcontractor that obligates the Subcontractor (to the extent of the Decommissioning Services performed by the Subcontractor) to perform all duties and obligations in accordance with the Agreement, including these additional terms. Your payment to Rheaply constitutes payment for any Decommissioning Services provided by any Subcontractor.

6. Change Orders. You may initiate a proposed change in the Project scope by providing a written notice to Rheaply detailing the proposed change, the reasons for the change, the anticipated impact on the Services timeline, and any cost adjustments required because of the change. Scope Changes must be documented and signed off by both parties prior to acceptance.

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