2900 Fairview Park Dr • Falls Church VA • 22042-4513 • USA
Tel: 800-262-8200 • +1 703-741-5500
www.chemtrec.com
CHEMTREC Terms & Conditions, Scope of Services
I.
II.
III.
IV.
V.
VI.
VII.
General Agreement
Scope of Services - USA + Canada One-Time Shipment Authorization
Standard Terms and Conditions
Fee Schedule
Definitions
Acceptance of Agreement
Registrant/Shipment Information
I. GENERAL AGREEMENT - The American Chemistry Council (the “Council”) hereby agrees to provide the
“Registrant” with the services identified Section II. The Council will provide these services through
CHEMTREC.
A. Acceptance – The Registrant is deemed to have accepted this Agreement in its entirety, including
this Section I, the Scope of Services (Section II), the Standard Terms & Conditions (Section III), the
Fee Schedule (Section IV), and Definitions (Section V) if any of the following conditions are met:
a. The Registrant expressly indicates acceptance to Council in writing or via online acceptance.
b. The Registrant portrays or otherwise makes use of CHEMTREC’s telephone number(s) on
shipping documents, Safety Data Sheets (SDS) (see Definitions), or hazard communications
labels.
c. The Registrant submits SDS to CHEMTREC or maintains SDS at CHEMTREC.
d. The Registrant pays any invoiced amount, in whole or in part, to the Council.
B. Payment - The Registrant agrees to pay the Council for these services in accordance with Section IV.
By entering into this Agreement, the Registrant agrees to the Standard Terms and Conditions
(Section III), which are hereby incorporated by reference into this Agreement.
C. Invoicing - The Council may invoice the Registrant for any overage charges resulting from service
usage in excess of that provided in the service level selected.
D. Service Period - The initial Service Period is for the term of one shipment, or a maximum period of
fourteen (14) days, whichever comes first.
E. Refunds - Registration fees are non-refundable under any circumstances, including whether or not
the shipment occurs
F. Representation of Parties - The Council will be represented during this Agreement by CHEMTREC’s
Director of Sales, Marketing & Product Development (“Project Manager”). All correspondence
should be directed to the Project Manager.
G. Intellectual Property - CHEMTREC is a registered service mark of the Council and may only be used
by the Registrant for the purpose identified within Section II and only for the term of this
Agreement.
H. Limitations of Liability - The Council shall not be liable for any indirect, punitive, special, incidental,
or consequential damages whatsoever (including, but not limited to lost profits or interruption of
business) arising out of or related to the services provided under this Agreement, even if advised of
the possibility of such damages.
I. Indemnification - The Registrant agrees to indemnify the Council, its members, officers, and
employees against all claims, liabilities, costs or damages (including reasonable attorneys’ fees and
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any costs of a lawsuit), arising out of the performance of this Agreement that are not the result of
the Council’s sole negligence or willful misconduct.
Termination - The Registrant may terminate this Agreement at any time by providing written notice
to the Council.
Amendments - This Agreement may be amended only by a written addendum, signed by both
parties.
Governing Law - This Agreement is subject to, and is to be construed under, the laws of the
Commonwealth of Virginia, United States of America. Actions brought under this agreement shall
only be brought in a court of competent jurisdiction in the Commonwealth of Virginia.
Due Authorization - By entering into this Agreement, the Registrant’s signatory certifies that he or
she is authorized to sign on behalf of the Registrant, and bind the Registrant to the terms and
conditions herein stated.
Entire Agreement - This Agreement represents the entire contract between the parties on this
subject.
a. There are no oral or written promises, terms, conditions, or obligations other than those
contained in this Agreement.
b. This Agreement supersedes all previous communications, representations or agreements,
either oral or written, between the parties on this subject.
c. The terms and obligations under this Agreement may not be assigned by either party
without prior written consent by both parties.
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2900 Fairview Park Dr • Falls Church VA • 22042-4513 • USA
Tel: 800-262-8200 • +1 703-741-5500
www.chemtrec.com
II. SCOPE OF SERVICES
A. USA+ Canada One-Time Shipment Authorization
a. The Council authorizes the Registrant the geographically-limited right to portray the
CHEMTREC phone number(s) on shipping documents for a single shipment where the origin
and destination is in the USA and/or Canada.
i. Authorization is valid for the term of one shipment or a maximum period of
fourteen (14) days, whichever comes first.
b. The Council agrees to provide services to the Registrant in accordance with the following
Scope of Services:
i. The CHEMTREC phone number(s) may be used in conjunction with all classes of
hazardous materials and dangerous goods shipments, including radioactive
materials, infectious substances and biological waste for which CHEMTREC has been
provided information in accordance with Section II.A.c.iii.
ii. CHEMTREC will make available to the Registrant its 24-hour Operations Center
staffed by trained and experienced specialists to assist callers in the Service Area.
iii. All calls will be answered 24 hours per day, 7 days per week by a trained CHEMTREC
staff member.
iv. CHEMTREC will provide information supplied by the Registrant for emergencies
involving its products.
v. Information provided by the Registrant - in the form of SDS or other reference
materials – will only be communicated by CHEMTREC when an emergency call is
received. The SDS or product information can be read over the phone, or e-mailed
or faxed to the scene of an emergency incident.
vi. CHEMTREC’s Operations Center will assist non-English speaking callers through
contracted translation resources. Costs involved with the use of this service are the
responsibility of the Registrant, as described in Section IV.A.b.i.
vii. CHEMTREC will counsel victims of acute medical emergencies and exposures to seek
immediate medical assistance.
viii. Should the nature of the call relate to an acute medical emergency and/or exposure
and information is required by medical personnel, CHEMTREC’s Operations Center
has access to contracted medical professionals and toxicologists who can provide
medical information for incidents involving hazardous materials and dangerous
goods. Costs involved with the use of this service are the responsibility of the
Registrant, as described in Section IV.A.b.ii.
1. In keeping with accepted medical protocols and licensing regulations
governing inter-state practice of medicine, this emergency hazardous
materials medical assistance will only be given to treating medical
professionals involved in the incident, not directly to the victim.
2. In a medical emergency, CHEMTREC may contact the Registrant’s
Emergency Contact(s) and/or Medical Contact(s) (if provided) to:
a. Provide the name and phone number of the person requiring the
information for direct contact by Registrant, or;
b. Establish a conference call with all concerned parties upon request.
ix. Should the nature of the call be outside the scope of services (i.e., to ask about the
failure of the product or to request assistance in the use of the product), CHEMTREC
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will not provide technical assistance under the services describes by this Scope of
Services.
x. CHEMTREC will digitally record all calls to/from its Operations Center.
1. CHEMTREC will archive the recordings for no more than six months.
2. If a party who is teleconferenced is put on hold or dropped, then no
recording of that party will take place until the party once again participates
in the call.
xi. CHEMTREC will provide a written copy of the Incident Report to designated
Reporting Contacts via fax or e-mail.
xii. As a convenience, CHEMTREC maintains a list of for-hire contractors (CHEMNET®)
for any registrant who requests the services of an emergency response contractor at
the scene of an incident involving its product(s).
1. Upon request, CHEMTREC can provide the Registrant with the names of
contractors that the Registrant may choose to contact.
2. The Council does not vet or endorse any companies that are registered with
the CHEMNET program. Charges incurred from a for-hire contractor's actual
response are the responsibility of the company that requests and authorizes
those services. CHEMTREC does not cover any charges incurred from a
CHEMNET contractor.
c. The Registrant agrees to these following obligations:
i. The CHEMTREC phone number(s) may only be used on documents where the
shipper or manufacturer is registered as an authorized user by CHEMTREC.
1. Use of CHEMTREC number is valid for one-time shipments only.
2. Both the origin and destination must be in the USA and/or Canada.
ii. Shipment must be completed within fourteen (14) days of registration.
iii. The Registrant must provide an SDS at the time of registration.
iv. The Registrant must provide the following contacts:
1. Administrative Contact: One point of contact for handling administrative
matters, including correspondence and maintenance of Registrant’s
CHEMTREC records; must provide a valid email address.
2. Emergency Contacts: CHEMTREC strongly recommends a minimum of three
individuals who will serve as contacts for notification/ information purposes
in the event of a hazardous materials and dangerous goods shipping
incident; must provide phone number(s). Alternatively, if the Registrant has
a staffed 24 hours/day, 7 days/week number, that number may be
provided, along with additional Emergency Contacts as back-up.
3. Reporting Contact(s): Designated personnel to receive copies of Incident
Reports; must provide email and/or fax number for each contact.
v. The Registrant may make arrangements for its own medical emergency responders
to be contacted by CHEMTREC in the event of an incident requiring medical
assistance. For example, the Registrant may use its own internal medical staff, or
make arrangements with a local or regional poison control center to handle medical
emergencies involving the products.
vi. In order for CHEMTREC to properly respond to the incident, the caller must identify
that he/she is calling in reference to Registrant’s shipment.
vii. In the event of an incident where the information provided by Registrant is
insufficient to satisfy the needs of the caller, the Registrant’s Emergency Contacts
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will be contacted for participation in a conference call, unless otherwise directed by
the Registrant.
viii. The Registrant will notify CHEMTREC’s Director, Operations Center if any requests
for playback of recorded calls are to be used in support of any legal proceedings.
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2900 Fairview Park Dr • Falls Church VA • 22042-4513 • USA
Tel: 800-262-8200 • +1 703-741-5500
www.chemtrec.com
III. STANDARD TERMS & CONDITIONS
A. PRICING/INVOICING/PAYMENT
a. Payment must be made at the time of registration.
b. The Council will only provide self-descriptive information required under applicable
governmental statutory requirements (e.g. full corporate name and address, tax
classification, employer identification number, banking instructions, address, etc.). The
Council will not be obligated to provide any other self-descriptive information.
B. TAXES - The Council does not represent that all taxes due are included in any pricing. Any
obligations due under any regulatory requirement shall remain the responsibility of the Registrant.
C. CORRESPONDANCE - All correspondence shall be directed to the following address, including the
full, nine-digit zip code:
CHEMTREC
2900 Fairview Park Drive
Falls Church VA 22042-4513
USA
D. REVISIONS
a. The Council may revise these Terms and Conditions for a subsequent Service Period renewal
at any time.
b. Changes to the Terms and Conditions may be communicated electronically; this could
include postings to the CHEMTREC website, e-mail, links, or other electronic means.
c. It is the responsibility of the Registrant to be familiar with the then-current Terms, including
any price changes, because they will prevail for the subsequent Service Period.
d. Payment of registration fees for an initial or subsequent Service Period constitutes the
Registrant’s acceptance of the current Terms and Conditions.
E. INDEPENDENT CONTRACTOR
a. At all times in the performance of this Agreement, the Council will act as an independent
contractor.
b. The Council will employ the staff necessary to fulfill the terms of this Agreement, have
exclusive supervision, management, and control over this staff, provide the facilities to
conduct the work under this Agreement, and have exclusive control over expenditures of
funds provided under this Agreement.
F. CONFIDENTIALITY
a. The Council hereby agrees to keep confidential all proprietary trade secrets, and
confidential business information of the Registrant of which the Council becomes aware in
the performance of this Agreement.
b. For purposes of this Agreement, confidential information shall not include information that:
i. Was known to the Council prior to the date of disclosure (except for information
which was previously disclosed to the Council under an obligation of confidentiality
to the disclosing party and which shall continue to remain subject to those
confidentiality obligations);
ii. Is in the public domain or hereafter becomes so through no act or omission of the
Council; or
iii. Is disclosed to the Council by a third party who is under no obligation of
confidentiality to the disclosing party or its representatives with respect thereto.
G. COPYRIGHT/TRADEMARKS & RESTRICTIONS
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a. The Registrant agrees to change or correct, at its own expense, any material or activity that
CHEMTREC deems to be inaccurate, objectionable or misleading, or a misuse of CHEMTREC's
name, trademarks, or service marks.
b. The Registrant is prohibited from:
i. Implying that the Registrant and CHEMTREC [or the Council] are legal partners;
ii. Creating the impression that CHEMTREC is affiliated with the Registrant;
iii. Implying, directly or indirectly, that CHEMTREC has sponsored, authorized,
approved or endorsed the Registrant;
iv. Using the CHEMTREC name or logo for any marketing, advertising, or promotional
purpose.
H. FORCE MAJEURE - The Council shall not be liable for any failure to provide services as described in
Section II caused by circumstances beyond its control including, but not limited to: acts of God, fire,
flood, acts of war, government action and accident.
I. LANGUAGE
a. The Registrant shall provide all information on products registered and details of emergency
arrangements in the English language.
b. For documents in languages other than English, the Registrant must provide an associated
index in English, regardless of the number of documents provided.
J. USE OF THE CHEMTREC PHONE NUMBER(S)
a. CHEMTREC Authorization (Section II) allows the Registrant to portray the CHEMTREC phone
number(s) on shipping documents for use in the case of an incident involving hazardous
materials and dangerous goods.
b. Under no circumstances should the CHEMTREC Customer Service phone number be
included on any shipping documents, SDS, or other product information. CHEMTREC
recommends the following wording be used on shipping documents:
For Hazardous Materials Incident
Spill, Leak, Fire, Exposure, or Accident
Call CHEMTREC Day or Night
Within USA and Canada: 1-800-424-9300
Outside USA and Canada: +1 703-527-3887 (collect calls accepted)
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2900 Fairview Park Dr • Falls Church VA • 22042-4513 • USA
Tel: 800-262-8200 • +1 703-741-5500
www.chemtrec.com
IV. Fee Schedule
A. USA + Canada One-Time Shipment Authorization
a. Cost for USA + Canada One-Time Shipment Authorization is $100.00.
b. Additional Fees - As part of the Agreement, the Registrant authorizes CHEMTREC to employ
external resources when needed to mitigate an incident. The following fees may be passed
along to the Registrant, at CHEMTREC’s discretion:
i.
Language Translation Charges - Typically, the costs for translation services range from
$2.90 per minute and up, depending on the rarity of the language. Any language
translation charges over and above the normal CHEMTREC incident fees may be
invoiced.
ii.
Contracted Medical Personnel Services - The Registrant may take advantage of
CHEMTREC’s existing relationship with its contracted poison control center, as described
in the Scope of Services. Emergency Hazardous Materials Medical Assistance Calls are
billed at $100.00 per invocation. These calls are over and above the normal CHEMTREC
incident fees and may be invoiced.
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2900 Fairview Park Dr • Falls Church VA • 22042-4513 • USA
Tel: 800-262-8200 • +1 703-741-5500
www.chemtrec.com
V. Definitions
A. Registrant - A Registrant is any company (i.e., manufacturer, distributor, freight forwarder,
warehouse, terminal, or third party logistics service provider) who has registered for CHEMTREC
services and has an account in good standing.
B. Service Area - The Service Area is a function of the Scope of Services (section II)
a. The Service Area is “USA [United States] and/or Canada.”
b. “United States” means a State of the United States, the District of Columbia, American
Samoa, the Federated States of Micronesia, Guam, Midway Islands, the Northern Mariana
Islands, Puerto Rico, and the U.S. Virgin Islands.
C. Incident - Any call to CHEMTREC's Operations Center regarding the Registrant, its products and/or
shipments is considered an incident.
D. Incident Report - Details of incidents are documented in Incident Reports by CHEMTREC for the
Registrant.
E. CHEMTREC Customer Number (CCN) – Every company name registered with CHEMTREC is assigned
a unique numerical identifier known as its CHEMTREC Customer Number.
F. Safety Data Sheets (SDS) – For the purposes of this Agreement, the term Safety Data Sheet (SDS) is
understood to include Material Safety Data Sheets (MSDS), Waste Safety Data Sheets (WSDS), and
Extended Safety Data Sheets (eSDS). In the event that the Registrant is unable to provide an SDS,
CHEMTREC may accept other forms of technical reference documents.
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2900 Fairview Park Dr • Falls Church VA • 22042-4513 • USA
Tel: 800-262-8200 • +1 703-741-5500
www.chemtrec.com
VI. Acceptance of Agreement
Sections VI and VII should be returned to CHEMTREC via email (chemtrec@chemtrec.com). Payment for
services must be made at the time of registration. The registration is not considered valid until reviewed
and confirmed by CHEMTREC.
On behalf of my company, I certify that I understand the Terms & Conditions of this Agreement in its
entirety, including this Section I, the Scope of Services (Section II), the Standard Terms & Conditions
(Section III), the Fee Schedule (Section IV), and Definitions (Section V).
Name:
Title:
Registrant Name:
Address:
City/State/Zip:
Phone:
Email Address:
Signature:
Date:
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2900 Fairview Park Dr • Falls Church VA • 22042-4513 • USA
Tel: 800-262-8200 • +1 703-741-5500
www.chemtrec.com
VII. Registrant/Shipment Information
Shipment Information (required)
Approximate Ship Date:
Approximate Delivery Date:
Origin City/State:
Destination City/State:
Product(s):
Emergency Contacts (required, unless already on file with CHEMTREC)
Emergency Contact Name (1):
Phone (1):
Phone (2):
Phone (3):
Fax #:
Phone Type*: 24-Hour
Phone Type: 24-Hour
Phone Type: 24-Hour
Email Address:
Emergency Contact Name (2):
Phone (1):
Phone (2):
Phone (3):
Fax #:
Phone Type: 24-Hour
Phone Type: 24-Hour
Phone Type: 24-Hour
Email Address:
Emergency Contact Name (3):
Phone (1):
Phone Type: 24-Hour
Phone (2):
Phone Type: 24-Hour
Phone (3):
Phone Type: 24-Hour
Fax #:
Email Address:
*Indicate DWH (During Working Hours), AWH (After Working Hours), 24-hour phone, mobile phone, or
pager.
24/7 Emergency Phone (if applicable):
Description of who staffs this number:
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2900 Fairview Park Dr • Falls Church VA • 22042-4513 • USA
Tel: 800-262-8200 • +1 703-741-5500
www.chemtrec.com
Incident Report Contacts (unless already on file with CHEMTREC)
Email Address or Fax Number
Report Recipient (1):
Report Recipient (2):
Report Recipient (3):
Report Recipient (4):
Medical Contact (optional)
Medical Emergency Phone:
Hours of Coverage:
Description of who staffs this
number:
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