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FI Rt1fEERS 289 Cooper Ave. Brent, AL 35034
<br /> I N"1'E R NAT I O NA L. I,I,c; Phone: 205-413-4499 Fax: 205-316-0001
<br /> TERMS AND CONDITIONS OF PARTICIPATION
<br /> ENGAGEMENT OF COMPANY GOVERNING LAW AND CHOICE OF FORUM
<br /> By shipping the used or spent ballistic products(described on the face This Agreement shall be interpreted,construed and enforced in accordance
<br /> hereof)(the"Products")Customer hereby agrees to engage Fiber Brokers, with the laws of the state of Alabama. All disputes arising under this
<br /> LLC.("the Company")pursuant to the terms and procedures of the Agreement shall be resolved in a court of competent jurisdiction in Brent,
<br /> Company's Secure Ballistic Disposal and Recycling Program("SBDR") Alabama and each party agrees to submit to the personal jurisdiction and
<br /> and upon the terms and subject to the conditions contained herein. The proper venue of such court(s).
<br /> Company hereby agrees to receive the Products and to dispose of them
<br /> pursuant to the terms and procedures of SBDP and upon the terms and INDEMNIFICATION
<br /> subject to the conditions herein contained.
<br /> Each party to this Agreement shall indemnify the other party against any
<br /> TRANSFER OF TITLE and all losses,damages,liabilities,claims,costs and expenses(including
<br /> reasonable legal fees)arising directly or indirectly out of: (i)any failure
<br /> In consideration for the Company receiving and disposing of the Products, of any representation or warranty of the other party to be correct and
<br /> Customer agrees to transfer title to the Products to the Company free and complete when made or(ii)any failure by the other party to fully perform
<br /> clear of all liens,encumbrances or claims whatsoever. The Company shall and observe obligations and conditions to be performed or observed by
<br /> accept title to,and assume the risk of loss of,the Products when they are that party under this Agreement,whether any such failure is innocent,
<br /> received by the Company at its facility in Brent,Alabama and such receipt negligent,or intentional. All rights and remedies under this Section 6 are
<br /> is acknowledged by the Company pursuant to this Agreement. Customer cumulative and are in addition to all other rights or remedies under this
<br /> shall not receive any additional compensation for the Products. Agreement or any applicable laws.
<br /> PACKAGING AND SHIPPING COMPLETE AGREEMENT
<br /> Customer hereby agrees to package the Products into boxes labeled This Agreement(including its exhibits),contains the entire agreement
<br /> pursuant to the Company's instructions and the SBDR and to load and between the parties with respect to the subject matter hereof and
<br /> deliver the boxes to the Company's facility in Brent,Alabama. Unless supersedes all prior or contemporaneous discussions,negotiations,
<br /> otherwise agreed to in writing by Company,Customer shall be solely representations,or agreements relating to the subject matter of this
<br /> responsible for all shipping costs associated with the shipping and delivery Agreement. No changes to this Agreement shall be made or be binding on
<br /> of the Products to the Company's facility in Brent,Alabama. any party unless made in writing and signed by each party to this
<br /> Agreement.
<br /> REPRESENTATIONS OF CUSTOMER
<br /> SUCCESSORS
<br /> Customer represents and warrants to the Company that(i)Customer has
<br /> title to the Products free and clear of all liens,encumbrances or claims This Agreement shall be binding upon,inure to the benefit of,and be
<br /> whatsoever and was in lawful possession of the Products,at the time they enforceable by and against the respective successors and assigns of each
<br /> were delivered to Company pursuant to the terms hereby;(ii)Customer party to this Agreement.
<br /> has lawful authority to transfer title to the Company;(iii)Customer has
<br /> taken all the necessary and appropriate actions and procedures under LEGAL EFFECT
<br /> Customer's applicable policies and under all applicable federal,state and
<br /> local laws and regulations,to dispose of the Products;(iv)Customer has Nothing in this Agreement shall confer upon either party any proprietary
<br /> taken all necessary and appropriate action to authorize the disposition and interest in or subject either party to any liability for the business,assets,
<br /> delivery of the Products to the Company;(v)the person/persons executing profits,losses or obligations of the other. Neither party shall be deemed a
<br /> and delivering this Agreement and all instruments and documents partner of,or agent for,the other. The Company and its personnel shall
<br /> contemplated hereby are authorized to do so on behalf of Customer;and, perform all services under this Agreement as an independent contractor,
<br /> (vi)the execution,delivery and performance of this Agreement and all and nothing contained in this Agreement shall be deemed to create any
<br /> instruments and documents contemplated by this Agreement do not and association,partnership,joint venture,or relationship of principal and
<br /> will not require any consent or approval which has not been obtained. agent or employer and employee between the Company and its personnel
<br /> and Customer,or to provide either party with the right,power or authority,
<br /> whether express or implied,to create any such duty or obligation on behalf
<br /> of the other party.
<br /> Proudly serving those that serve the people of the United States, Canada, and Mexico.
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