United Metals, L.L.C., an Idaho limited liability company, and its parent,
subsidiaries and affiliates (d/b/a United Metals Recycling / Converter Reclaim)
("United," "we," or "us") offers a service (the "Services")
through which you can sell to United certain used/reclaimed catalytic converters
(the "Product(s)") after receiving an "offer" from United by identifying
your Product and its condition and completing check-out on the United Websites
(each transaction, a "Trade-In"). You must agree to abide by the following terms
in order to use the United Services and/or the United Websites.
BY SETTING UP AN ACCOUNT, OR BY USING UNITED'S WEBSITES, AND FOR GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED,
YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT,
WHICH MAY BE AMENDED AT ANY TIME BY UNITED BY POSTING THE AMENDED TERMS ON THE
UNITED WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY
AND BINDING UPON YOU AFTER THEY ARE POSTED.
United reserves the right to terminate or suspend your use of the United Websites
and/or the United Services if you do not comply with this Agreement or any other
United policy or procedure, or for any other reason we determine, in our sole discretion.
1.
Applicability
These terms govern any offer that you receive to sell your Product to United
through United's Website(s). These terms, the terms that govern your use of
United's Websites, including umrecycling.com & converterreclaim.com
("United Website(s)"), the United Services and any and all applications
included therein, which terms are located at www.umrecycling.com, and any supplemental
terms or policies that accompany a specific transaction, feature or application,
collectively, make up an agreement between you and United (the "Agreement").
You acknowledge that this Agreement is in electronic form and has the same force and
effect as an agreement in writing. In this Agreement, the term "you," “yourself,”
or "your" means and refers to the individual or entity exercising rights under
this Agreement, including the seller of Products pursuant to a Trade-In. Subject to the
terms and conditions of this Agreement, you agree to sell to United, and United agrees
to purchase from you, the Products.
2.
Requirements For Trade-In
(a) In order to complete a Trade-In, you must: (i) create an account with us;
(ii) provide true, up to date and accurate account information about yourself and any
Product you submit to us; (iii) comply with all terms and conditions of this Agreement;
(iv) comply with all applicable laws and regulations, including all import and export
laws as described in Section Error: Reference source not found below; (v) transact on
behalf of yourself and not on behalf of others; (vi) be over eighteen (18) years of age
and have the legal capacity to enter into agreements and to convey title and interest
in any Product that you submit to us for Trade-In; and (vii) complete all required
check-out requirements on the United Websites with respect to any Trade-In transaction,
including uploading photos of the Products and related serial numbers and other identifying information.
(b) In order to receive payments for any Products in connection with a
Trade-In, you must provide us with information including a valid email address at which
you are able to receive email, a valid postal address at which you are able to receive mail,
and your first and last name. United reserves the right to reject or penalize for any Product
catalyst containing unreported lead, zinc, arsenic, barium, chlorine, fluorine, mercury,
selenium, benzene or any other deleterious materials. All Product material must be dry
and contain no toxic or dangerous elements. Carbon content greater than 2% may be rejected
and additional transaction charges may be assessed by United (which may automatically reduce
the amount of any offer). United reserves the right to request and require any other
information from you it determines is reasonably necessary to effect any Trade-In contemplated
under this Agreement, and you agree to timely provide the same upon request.
(c) United shall not be responsible for communication errors should your contact information
be inaccurate or incomplete. You are responsible for ensuring that you can receive emails
from United and United is not responsible for any emails that were not received by you
because they were blocked or filtered as spam. You understand and agree that if you fail
to provide us with accurate and up to date information about yourself: (a) we will not be
responsible for any misapplied Trade-In payments or Trade-In payments sent to a wrong address,
and (b) any unclaimed funds may be subject to collection by governmental authorities under
applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if
any of your unclaimed funds are turned over to governmental authorities in accordance with
applicable law.
3.
Product Eligibility and Payment
(a) United determines, in its sole discretion, which Products are eligible for
Trade-In through the United Services and United Websites and for which eligible
Products United will provide an offer for Trade-In. United may terminate the
Trade-In eligibility of certain Products at any time and without advanced notice,
but such termination will not affect any Products for which you have already accepted a
Trade-In offer, which is good for thirty (30) days, except as set forth in Sections
Error: Reference source not found and Error: Reference source not found below.
United reserves the right to cancel any Purchase and refund any applicable purchase price
actually received by United at any time prior to delivery of the Product to You.
(b) Subject to the terms and conditions of this Agreement, including Sections Error:
Reference source not found and Error: Reference source not found, United will
typically issue payment for the final agreed Trade-In value for your Products
within thirty (30) days following United’s receipt of the Products. United currently
offers the following methods of payment: (i) Check – shipped using USPS First Class
Mail, this option typically takes 3-10 business days to arrive after the payment
is processed; (ii) PayPal – sent directly to your PayPal account using the email
address provided by you during checkout, this option typically takes 0 - 2 business
days to arrive after the payment is processed;
4.
Condition Defined For Trade-In
United will grade each Product’s Trade-In condition and value in its sole and
absolute discretion based upon, with limitation, current market rates for
Product components and materials. Conditions can vary widely between categories,
brands, and types of Products. More specific condition definitions specific to
the category or type of Product may be included on the United Website’s offer
screen and serve as the effective condition definition for that product.
Condition definitions are subject to change in United's unfettered discretion.
If you are uncertain about your Product's condition, please seek guidance by
contacting United's customer care.
5.
Product Valuation
All Trade-In offers will be based on United's own determination of the Product
value in reliance on the accuracy of the information you supply us. United will
use its discretion to determine the Product value, weighing factors that may
include the Product's model, functionality, and condition. Upon receiving a
Trade-In offer from United, you have the option of accepting or rejecting that offer.
Acceptance indicates you are willing to provide your Product to United at the
offered price. If you do not accept or otherwise reject United's offer, the
specific Trade-In transaction automatically expires. If after rejecting any
particular offer you change your mind and want to accept the offer, you must open
another Trade-In transaction with us at which point, assuming the Product is
still eligible for Trade-In, an entirely new offer may be given.
6.
Fitness For Sale
You hereby represent and warrant to United that: (a) you have all right, title,
and interest in and to all Products you seek to sell to United; (b) all Products
and related materials are intact, have not been modified, are dry, and do not
contain any toxic, dangerous elements, “hazardous substances” as that term
defined in §101(14) of the Comprehensive Environmental Response, Compensation
and Liability Act, 42 U.S.C. § 6901(14), except those “hazardous substances”
which are integral constituents of the metallic fraction of the scrap metal;
(c) the Products and the sale and shipment of such items to United complies
with all applicable laws, statutes, and ordinances; (d) the Products do not
infringe on third party intellectual property rights (including copyrights,
trademarks, patents, trade secrets or other proprietary rights); (e) the Products
are not counterfeit, stolen, or otherwise fraudulent; (f) United will receive good
and valid title to the Products, free and clear of all liens and encumbrances of
any kind; and (g) you have the full right, power, and authority to enter into
this Agreement, to grant the rights granted under this Agreement, and to perform
its obligations under this Agreement.
7.
Sending United Your Product For Trade-In
Once a Seller agrees approves the Trade-In on the website United will mail
the Seller a box with a return shipping label. When packaging your Product,
be sure to include all materials included in your description when your Trade-In
offer was calculated. Failure to include any items or Products that upon which
the Trade-In offer was calculated and based upon, or sending United a Product
which does not exactly match your original description, may impact the final
value of your Product, may result in a revised offer, or may result in termination
of any Trade-In transaction in United’s unfettered discretion. You shall be responsible
for any and all costs in connection with such revised offer or cancelation, including
return shipping. Unless otherwise approved or provided in writing by United, all
Products sold by Seller shall be delivered to United at the following address
3809 S. Eagleson Rd. Boise, ID 83705. You shall properly pack, mark, and ship
the Products as instructed by United and otherwise in accordance with applicable laws.
United may provide certain shipping documents and materials to you upon acceptance
of any Trade-In offer, including shipping labels and packaging materials. All expenses
incurred due to changes or delays to shipping documents shall be at Seller’s expense.
8.
Waiver of Claims
By sending United the Products, you agree to waive and release United from
all claims as to the Product. By way of example and not limitation, United is
not responsible for (i) any loss or damage suffered by you in connection with
the removal of any Products from the vehicle in which they were originally
installed; and (ii) any loss or damage suffered by you in any way related
to the Products after you submit the Product to United for Trade-In.
9.
Product Inspection; Offer Recalculation
Your Trade-In Product must be received by United within thirty (30) days
after you accept the original offer provided by United and complete the check-out
process on the United Website (the "Delivery Period") or the offer shall
be voidable (and terminate accordingly) in United’s sole and absolute discretion.
United will inspect all Products that are received. United, in its unfettered discretion,
shall have right and option to accept or reject any Products received for Trade-In,
including, to reject any Product not conforming to the description you provided to us,
any Product modified in such a way that it no longer conforms to the original factory
specifications, any Product no longer complying with applicable laws or regulations,
and any Product damaged or lost in transit. If United rejects a Product for any reason,
the original offer is deemed to have automatically expired and is rescinded.
United reserves the right (but shall not have the obligation) to revoke the original
Trade-In offer and provide a revised offer for the Products if: (a) any Products or
materials are not as described; (b) any Products are received by United after the
Delivery Period; (c) United receives Products that are different from those identified
when your offer was calculated; or (d) for any other reason in United’s sole and
absolute discretion. United typically honors the offer price you receive for your
Products on the United Website for a period of thirty (30) days; sometimes for a
longer period of time in connection with a temporary extended price-lock offer
(each a "Price-Lock Offer"). Notwithstanding any Price-Lock Offer, United always
reserves the right to recalculate the original offer price and provide a revised offer
for the Product if, during the Price-Lock Offer period, the market price for your
Product has declined by more than 15%. United shall determine the market price during
such applicable period and whether there has been any such decline in its sole discretion.
If you elect not to accept the recalculated offer price, your Product will be returned to you.
10.
Recalculated Product Offers After Inspection
In the event United recalculates the Trade-In offer originally provided
for any Products after the same have been received and inspected for Trade-In,
as described above, you shall have the option of accepting or rejecting the new offer.
If you accept the new offer, you will be paid in normal course and in accordance with
this Agreement. If you reject the new offer, United will return the Product to you
at the address from which it was originally sent. You shall have a period of five (5) days
after United presents you with a recalculated offer via email or text at the address or
number you provided to accept or reject the new offer (the "New Offer Period").
If the new offer is neither affirmatively accepted nor rejected by you during the
New Offer Period, the new offer will be deemed to have been accepted by you and you
will be paid the new offer price in the normal course and in accordance with the terms
of this Agreement. For the avoidance of doubt, your acceptance of the original offer or
any new offer, as may be applicable, shall be final and binding upon you and you may not
change your mind later about accepting such offer.
11.
Releasing Rights To Product
Once you send United your Product for Trade-In, United cannot and does not guarantee
that it will be able to honor any request for return of the Product and you agree
to release, defend, and indemnify United from any such claim. If United rejects any
Products received or you do not accept any new offer for the Product pursuant to
Sections Error: Reference source not found and Error: Reference source not found
("Return Circumstances"), your Product will be returned to you as set forth
in Sections Error: Reference source not found and Error: Reference source not found.
12.
Risk-of-Loss
You remain responsible for the risk-of-loss for the Products sent to United
for Trade-In until successful delivery of the same to United. You are responsible
for any damages that may occur to your Product while in transit. United is
responsible for risk-of-loss upon taking possession and opening the packaging
containing your Product. United’s risk-of-loss shall cease and revert to you in
the event United returns any Product to you for any reason and in such event,
risk-of-loss will be transferred to you once United delivers the package to the
carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
13.
Passing of Title
Title to the applicable Products sent to United for Trade-In will pass to
United upon United's receipt and acceptance of the Product for the original
offer (or any new offer, as applicable). If there is a Return Circumstance,
title to the applicable Products will not transfer to United and shall remain with you.
14.
Non-Transferable; Sales Final
Any offer by United for your Product for Trade-In is non-transferable and not
redeemable for any other consideration other than what is offered by United.
You may not assign any of your rights or delegate any of your obligations under
this Agreement without United’s prior written consent. This Agreement
shall inure to and shall be binding upon the parties hereto and their respective heirs,
representatives, successors and permitted assigns.
All Trade-In sales are final and non-refundable unless otherwise agreed by United in writing.
The purchase price for the Products is payable in United States currency without deduction
or offset, and free of any exchange unless provided otherwise herein. Unless otherwise
agreed or provided by United in connection with any Trade-In, Seller is solely
responsible for, all costs and expenses relating to packing, crating, boxing,
transporting, customs, taxes, tariffs and duties, insurance, and any other similar
financial contributions or obligations relating to the sale and delivery of the
Products to United.
15.
Compliance With Laws
You shall not engage in any activity or transaction involving the Products,
by way of shipment, use, or otherwise, that violates any applicable law, including
all import and export laws, regulations, rules and orders of the United States, or any
foreign government agency or authority. You shall not directly or indirectly transfer
any Products without proper authorization from the U.S. or foreign government, as may
be applicable. You shall bear the sole responsibility for and assume all expenses
relating to your compliance with all applicable laws, regulations, rules and orders,
and for obtaining all necessary authorizations and clearances in order to convey any
Products to United in connection with a Trade-In, including without limitation, valuation,
classification and duties applicable with the import of any goods. Please note:
U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally
prohibit the importation into the United States (including U.S. territories), either
directly or indirectly, of most goods, technology, or services (except information and
informational materials) from, or which originated from, without limitation, Cuba, Iran, Iraq,
Libya, North Korea, Serbia, Zimbabwe, or Sudan; from foreign persons designated by the
Secretary of State as having promoted the proliferation of weapons of mass destruction;
named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers.
You may not offer or provide to United for sale, any Products that would violate the
provisions of this Section Error: Reference source not found.
16.
Promotions
From time to time, and at United's sole discretion, United may offer
promotional programs as an incentive to customers. Promotions applicable to
payments are applied as an increment to the final value of a customer's Product,
but they are not considered a change in that final value. Promotional programs
have explicitly defined terms, including but not limited to, expiration, usage
per person and per transaction, and other limitations and restrictions.
Unless otherwise stated, promotions must be applied by you before check-out with
respect to any Trade-In transaction. For the avoidance of doubt, once check-out is
completed, promotions cannot be applied to the same transaction. United reserves the
right, in its sole discretion, to cancel or refuse promotions.
17.
Accuracy of Information
United makes every effort to ensure the accuracy of all information you receive
in relation to any Trade-In. From time to time, however, there may be typographical errors,
technical inaccuracies, pricing or other errors or omissions. As such, United reserves the
right, at any time prior to payment, to:
-
Correct an error.
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Change the offer. In the event the Product has already been sent to United for Trade-In,
the changed offer will become a New Offer subject to the processes set forth in Sections Error:
Reference source not found and Error: Reference source not found. Otherwise, the changed offer
will be a re-issued original offer, which you may accept or reject in accordance with the
terms of this Agreement.
-
Void a Trade-In transaction. If the Product was already sent to United, United will
be deemed to have rejected the Product resulting in a Return Circumstance subject
to Section Error: Reference source not found.
18.
Privacy
Please refer to United Privacy Policy for information about how we collect,
use and disclose information about you. United’s Privacy Policy may be found
[HERE],
and in incorporated herein by this reference.
19.
Electronic Notices And Transactions
You agree to transact with United electronically, including agreeing to this
Agreement or offering to sell your Products by electronic means. You authorize United
to provide you with terms and important notices about United and any Trade-In
transactions to the email address associated with your account
(or otherwise provide to us in connection with check-out) or by posting notices
on the United Website(s). It is your duty to keep your email address accurate
and up to date and to maintain a valid email address and to ensure that emails
we send you are not filtered or stopped by spam filters or other types of email
blocking functionalities. If you no longer desire to transact electronically with us,
you may no longer use the United Websites. You can retrieve and review this
Agreement by clicking on the "Legal" link at the United Website(s).
20.
Access
You are responsible for obtaining at your own expense all equipment and services
needed to access and use the United Websites and the United Services, including all devices,
Internet browsers and Internet access. If you access the United Website and the
United Services through a mobile or wireless device, you are responsible for all
fees that your carrier may charge you for data, text messaging and other wireless
access or communications services.
21.
Use of Services
By using United Website(s), you agree not to (i) access any of the Services
by any means (including by use of scripts, web crawlers or similar methods)
other than through the user interface provided by United; and (ii) engage
in any other activity that interferes with or disrupts the Services or performance
of the United Websites.
22.
No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE UNITED
SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT
EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS
THAT YOUR TRANSACTIONS WITH UNITED WILL MEET YOUR REQUIREMENTS.
23.
Limited liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
UNITED OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR
CONTRACTORS (COLLECTIVELY, THE "UNITED PARTIES") BE LIABLE FOR ANY COMPENSATORY,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT,
LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER
WITH RESPECT TO YOUR TRANSACTIONS WITH UNITED UNDER THIS AGREEMENT REGARDLESS OF THE
LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE,
WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM
AGGREGATE LIABILITY OF UNITED AND THE UNITED PARTIES (JOINTLY) ARISING OUT OF OR
RELATING TO YOUR ACCESS TO OR USE OF THE UNITED SERVICES AND UNITED WEBSITES
EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY US TO YOU IN CONNECTION
WITH ANY TRANSACTION OR (II) $100.
24.
Indemnity
Notwithstanding anything to the contrary contained in the Agreement,
you agree to indemnify, defend, and hold harmless United and the United
Parties from and against any and all claims, liabilities, damages, losses, costs,
expenses, or fees (including attorneys' fees) that such parties may incur as a
result of or arising from any third-party or direct claim alleging or in any way
related to: (a) your breach or non-fulfillment of any representation, warranty,
or covenant contained in this Agreement; (b) any negligent or more culpable act
or omission by you (including any recklessness or willful misconduct) in
connection with the performance of your obligations under this Agreement;
(c) any bodily injury, death of any person, or damage to real or tangible
personal property caused by your willful or negligent acts or omissions; or (d)
your failure to comply with any applicable laws. United reserves the right to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you and, in such case, you agree to cooperate with our
defense of such claim.
25.
Entire Agreement/No Waiver
This Agreement constitutes the entire agreement of the parties with
respect to the subject matter hereof. The captions are used only as a
matter of convenience and are not to be considered a part of this agreement
or be used in determining the intent of the parties to it. For purposes of
this Agreement, (a) the words "include," "includes" and "including" are deemed
to be followed by the words "without limitation"; (b) the word "or" is not
exclusive; (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder"
refer to this Agreement as a whole; (d) words denoting the singular have a
comparable meaning when used in the plural, and vice-versa; and (e) words
denoting any gender include all genders. No waiver by United of any breach
or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. All rights and remedies provided in this
Agreement are cumulative and not exclusive, and the exercise by either
party of any right or remedy does not preclude the exercise of any other
rights or remedies that may now or subsequently be available at law, in
equity, or by statute.
26.
Survival
Unless otherwise provided herein, the representations and warranties of the
parties contained herein shall survive the expiration or earlier termination
of this Agreement; and Sections Error: Reference source not found, Error: Reference
source not found, Error: Reference source not found, Error: Reference source
not found, Error: Reference source not found, Error: Reference source not found,
Error: Reference source not found and Error: Reference source not found through
Error: Reference source not found of this Agreement, as well as any other provision
that, in order to give proper effect to its intent, should survive such expiration
or termination, shall survive the expiration or earlier termination of this Agreement.
27.
Correction of Errors and Inaccuracies
The United Websites and any correspondence related to a transaction may contain
typographical errors or other errors or inaccuracies and may not be complete or current.
United therefore reserves the right to correct any errors, inaccuracies or omissions
and to change or update the content on any United Websites at any time without prior notice.
United does not, however, guarantee that any errors, inaccuracies, or omissions will
be corrected.
28.
Modification
United reserves the right to modify this Agreement at any time.
If you do not agree to the changes, you may discontinue using the United Websites
and/or the United Services. Your continued use of any United Website or United Services
after any such changes take effect constitutes your acceptance to such changes.
Each time you submit a Product for sale to United, you reaffirm your acceptance
of this Agreement as in effect at the time of such use. You are responsible
for reviewing this Agreement each time you use the United Websites.
29.
Applicable Law And Venue
This Agreement and the terms of sale and transfer of title of the Products
are governed by and construed in accordance with Idaho law and to the extent
applicable, the laws of the United States. No conflict of laws or provisions
of any jurisdiction will apply to these terms and conditions. By clicking "accept" below,
you agree that any action at law or inequity arising out of or relating to these
terms and conditions will be filed only in state or federal court located in
Ada County, Idaho, and you hereby irrevocably and unconditionally consent and
submit to the exclusive jurisdiction of such courts over any suit, action, or
proceeding arising out of these terms and conditions. All disputes must be
adjudicated in the English language.
30.
Severability
If any term or provision of this Agreement is invalid, illegal, or unenforceable
in any jurisdiction, such invalidity, illegality, or unenforceability shall not
affect any other term or provision of this Agreement or invalidate or render
unenforceable such term or provision in any other jurisdiction.
Upon a determination that any term or provision is invalid, illegal, or unenforceable,
the court may modify this Agreement to effect the original intent of the parties
as closely as possible in order that the transactions contemplated hereby be
consummated as originally contemplated to the greatest extent possible.
31.
Waiver of Jury Trial
Each party acknowledges and agrees that any controversy that may arise under this Agreement,
including any Trade-In is likely to involve complicated and difficult issues and,
therefore, each such party irrevocably and unconditionally waives any right it
may have to a trial by jury in respect of any legal action arising out of or relating
to this Agreement and the transactions contemplated hereby.
32.
Relationship of Parties
Nothing in this Agreement creates any agency, joint venture, partnership,
or other form of joint enterprise, employment, or fiduciary relationship
between the parties. Neither party has any express or implied right or authority
to assume or create any obligations on behalf of or in the name of the other
party or to bind the other party to any contract, agreement, or undertaking with
any third party.
33.
Force Majeure
United shall be liable or responsible to you, nor be deemed to have defaulted
under or breached this Agreement, for any failure or delay in fulfilling or
performing any term of this Agreement, when and to the extent United’s failure
or delay is caused by or results from the following force majeure events:
(a) acts of God; (b) flood, fire, earthquake, other potential disaster(s)
or catastrophe(s), such as epidemics, pandemics, or explosion; (c) war, invasion,
hostilities (whether war is declared or not), terrorist threats or acts, riot
or other civil unrest; (d) government order, law, or action; (e) embargoes or
blockades in effect on or after the date of this Agreement; (f) national or
regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial
disturbances; (h) shortage of adequate power or transportation facilities;
and (i) other similar events beyond United’s control. United will endeavor to use
diligent efforts to mitigate the effects of any such force majeure event, and
shall resume the performance of its obligations as soon as reasonably practicable
after the removal of the intervening cause.
34.
Attorneys’ Fees
Unless otherwise provided herein, in the event that either party institutes
any legal suit, action, or proceeding against the other party arising out of
or relating to this Agreement, the prevailing party in the suit, action or
proceeding shall be entitled to receive, in addition to all other damages to
which it may be entitled, the costs incurred by such party in conducting the suit,
action, or proceeding, including reasonable attorneys’ fees and expenses and court costs.
If you have any questions, concerns, or suggestions regarding the above Agreement,
please feel free to email United’s customer care at
jay@converterreclaim.com