EQUIPMENT DEFINITIONS. Standard Equipment includes freestanding used cooking oil containers, located inside or outside the Customer location, into which the customer manually deposits used cooking oil. Non-Standard Equipment includes used cooking oil containers outfitted with piping connecting such containers to Customer’s fryer or to a disposal port to allow used cooking oil to be mechanically disposed into the container.
TERM. For Non-Standard Equipment, the Term of the Agreement (whether such term is the initial term or a renewal term) will be five (5) years from the date such Non-Standard Equipment is installed at Customer’s location. Unless otherwise agreed in writing, if Customer has more than one location subject to a Master Agreement, the Term of such Master Agreement will be five (5) years from the date of the most recent Non-Standard Equipment installation.
RESPONSIBILITY FOR EQUIPMENT. Non-Standard Equipment will remain the property of BHT for five (5) years after installation of such equipment. Customer will be responsible for all loss or damage to the Non-standard Equipment except for damage covered by an applicable warranty or damage resulting from BHT’s negligent handling of such equipment. BHT will make its best efforts to assist Customer in keeping the Non-Standard Equipment in good operating condition.
REBATE REDUCTION. At the time of installation, BHT will calculate the total cost of Non-Standard Equipment and installation (”Total Cost”). Based on projected volume and then-current market prices, BHT will determine an amount to reduce Customer’s used cooking oil rebate, on a per-pound basis, to compensate BHT for the Total Cost of the equipment and installation. BHT reserves the right to adjust the rebate reduction amount based on changes in market conditions or based on Customer’s actual volume failing to meet the projected volume. Should the total rebate reduction fail to cover the Total Cost of the Non-Standard Equipment through the initial term of this Agreement, then Customer will pay BHT the difference.
ADDITIONAL TERMS AND CONDITIONS OF SERVICE AGREEMENT. All terms and conditions of the Cooking Oil Recovery Service Agreement between Customer and BHT are applicable unless specifically addressed in these Additional Terms and Conditions. If Customer sells one or more locations subject to this Agreement, and this Agreement is not assigned by Customer and assumed by the purchaser of such location(s), then Customer will be responsible for the Total Cost of the Non-Standard Equipment (less any amounts recovered by BHT through rebate reduction). If any conflict exists between the terms set out in the Service Agreement and these Additional Terms and Conditions, these Additional Terms and Conditions control.
