BILL OF LADING
As Generator of the waste or materials described in this Invoice/Bill of Lading (the “materials”), the undersigned represents and warrants to Thermo Fluids Inc. (“TFI”) as follows:
- Generator has knowledge of how the Materials were generated, including their source.
- The description of the Materials in this Invoice/Bill of Lading accurately and completely describes the waste or materials being transferred and Generator has properly characterized the Materials.
- None of the Materials is “Hazardous Waste” as defined by applicable federal and state laws and regulations, including regulations of the U.S. Department of Transportation and the U.S. Environmental Protection Agency, except as identified in an accompanying Uniform Hazardous Waste Manifest (EPA Form 8700-22).
- Generator’s EPA Identification number as specified in this Invoice/Bill of Lading is correct and valid for the location from which the material are being transported or removed.
If any of the Materials contain properly disclosed Hazardous Waste otherwise acceptable to TFI in its sole discretion, TFI will arrange for proper disposal, as required by applicable law, and Generator agrees to pay any and all associated costs. If TFI rejects any Materials due to Generator’s breach of any of the foregoing warranties or because the Materials contain Hazardous Waste, generator agrees to be solely responsible for the management, removal, remediation and disposal of the Materials in accordance with all applicable laws and regulations. If Generator fails in a timely manner to take any action with respect to the management, removal, remediation or disposal of the Materials, Generator authorizes TFI, as its agent, to take any action TFI deems necessary or appropriate and agrees to reimburse TFI for any costs and expenses it incurs, including attorneys’ fees incurred in connection with any such action. Generator hereby appoints TFI as its attorney in fact for the purpose of taking any such action. Such appointment is irrevocable and coupled with an interest.
TFI and Customer agree to comply with any and all applicable state and local environmental rules, laws, regulations, and statutes including but not limited to the Federal Resource Conservation and Recovery Act (“RCRA”), Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), the Toxic Substances Control Act of 1976 ("TSCA") and state hazardous waste laws.
If TFI is delivering used oil to Customer, TFI warrants and represents that the used fuel oil is on-specification used oil as defined in 40 C.F.R. Subsection 279.11.
In any legal action by Generator against TFI, TFI’s liability will be limited to the lesser of (i) Generator’s actual damages or (ii) the total amount of fees paid to TFI for the services TFI performed in relation to the action. TFI will not be liable for any other damages including consequential, special, incidental or punitive damages or other loss or expense (including lost profits, opportunity costs, etc.) even if TFI has been advised of their possible existence.
To the fullest extent permitted by law, Generator shall defend, indemnify and hold TFI, its parent companies, directors, officers, successors and or assigns, employees, and agents harmless from any and all claims, damages and losses (alleged or otherwise) TFI may incur resulting from any breach of this BOL, any breach of the terms and conditions that may govern the scope of work or this BOL, Generator’s acts, omissions, or any negligent, intentional, willful, misconduct by Generator. Indemnification shall include but shall not be limited to the reimbursement for all expenses including reasonable attorneys’ fees, court costs and administrative fees TFI incurs in defending any legal action or claim asserted against TFI by any third party.