THE FOLLOWING TERMS AND
CONDITIONS APPLY TO
THE FOLLOWING SERVICES PROVIDED BY WASTE MANAGEMENT
AerosolTracker®, BallastTrackerSM,
BatteryTracker®, DentalTrackerSM, eScrapTracker®, GreenTrackerSM,
LampTracker®, MedWaste Tracker®, MercuryTracker®, Think Green from Home®, and
Ink and Toner Cartridges Mail-Back Services
The
Services (as defined herein) are provided by WM Recycle America, L.L.C. (“WM”),
and its subsidiaries or affiliates to You, the Customer. These Terms and
Conditions (“Terms”) are effective as of the date You agree to these Terms or use the
Services (“Effective Date”) and govern (a) Your use of the Services, including Your use
of the container (the “Container”) in connection with the Services and (b) the
relationship between WM and the user of the services and/or Container (“You” or
“Customer”).
THIS IS A LEGALLY BINDING AGREEMENT.
PLEASE
REVIEW THE TERMS AND CONDITIONS CAREFULLY. USE OF THE SERVICES
CONSTITUTES ACCEPTANCE OF THESE TERMS. THESE TERMS AND CONDITIONS ARE SUBJECT
TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN WMLT’S SOLE DISCRETION. WMLT
WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO
THE WMLT WEBSITE (currently: www.wmlamptracker.com).
If You have any questions
regarding or complying with these Terms, please call WM at 1-800-664-1434 or
visit the WM website at www.wmplamptracker.com or www.wm.com.
1.
RETURNS. If You do not accept these Terms, You may not use
the Container or the Services. However, You may return a Container within ten
(10) days (the "Return Period") from the day You received the
Container by doing one of the following during the Return Period: (a) return
the Container to the place of purchase; or (b) contact Company at the phone
number noted above and complete all return instructions.
2.
LIMIT ON AVAILABILITY. Tracker Services are only available as
shown and certain of the Tracker Services are not available for use in certain
States as follows ("Prohibited States"):
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This Tracker Service:
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Is
prohibited for use in Puerto Rico, and the States of Alaska and Hawaii, and
such Tracker Service is further prohibited for use in the following
additional States (collectively, “Prohibited States”):
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AerosolTracker®
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Arkansas,
Connecticut, Maine, Massachusetts, Minnesota, New Hampshire, New York,
Pennsylvania, Rhode Island, Vermont and Virginia
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BallastTracker
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Maine
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BatteryTracker®
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Maine
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DentalTracker
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Arkansas,
Connecticut, Maine, Minnesota, New Mexico, New Hampshire, Rhode Island,
Vermont and Virginia
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eScrapTracker®
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Maine
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GreenTracker®
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None
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LampTracker®
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None
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MedWaste Tracker®
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None
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MercuryTracker®
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Maine
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Recycle-2-Save
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None
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Smoke Detectors
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None
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It is a violation of law to ship
the Container to, from or through any of the Prohibited States. Company
reserves the right to modify the list of Prohibited States at any time. Certain
of the Services may be used for multiple pallets of Acceptable Waste (“Pallet
Load” or “Bulk Services”) in all fifty of the United States.
3.
TITLE TO, AND RISK OF LOSS FOR, CONTAINER AND CONTENTS.
Unless and until Company, or its designee, receives and accepts the Container:
(a) title to and risk of loss of the Container and its contents shall remain
with Customer; and (b) Customer is solely responsible for the contents of the
Container.
4.
EXPIRATION OF CONTAINER; UNUSED CONTAINERS. Each Container should,
within a year of the purchase date, be received by Company or its designee.
Neither Company nor its designee has any obligation to accept the Container if
not received within a year of the purchase date, even where the carrier
identified on a Prepaid Label fails or refuses to ship the Container. Neither
Company nor its designee will be obligated to provide Customer a refund for
expired, unused Containers.
5.
PACKAGING. Customer shall pack and seal the Container in
accordance with the instructions included with the Container and any additional
instructions that Company may send to the Customer or post on the Company Web
Site prior to shipment of the Container by Customer (the
"Instructions"). Customer shall pack in the Container only Acceptable
Waste, and shall exclude any and all Non-Conforming Waste, as defined below.
6.
SHIPPING. Customer shall comply with all Instructions related
to shipping. Customer will have received a prepaid return shipping label (the
"Prepaid Label") with the Container. The Container may not be shipped
from any Prohibited State. Both the Instructions and Prepaid Label(s) may be
obtained at www.wm.com or by calling 1-800-664-1434.
7.
ADDITIONAL SHIPPING CHARGES. (a) You remain responsible for
all Charges of shipping the Container to Company, including, without
limitation, increases imposed by the shipper after You have purchased a Prepaid
Label. If the shipper identified on the Prepaid Label will not ship the
Container, Company's sole obligation will be to refund to You the actual
shipping charge received by Company. This obligation is conditioned upon receipt
of written request for such refund prior to six (6) months from the date You
purchased or received the Container. (b) You remain responsible for all Charges
relating to exceeding the weight limits applicable to the Container. If You
select a monthly Charge, additional Charges will be applied should weights or
frequency of shipments exceed the limitations of Your requested monthly
service. (c) You agree to allow Company to charge Your credit card for
additional shipping Charges as indicated above, whether or not You select
monthly Tracker Services or a one-time purchase of a Container.
8.
PAYMENT. Payment terms are net 30 days from invoice date
regardless of when the container is filled and returned for recycling. Credit
card payments are charged at time of order.
9.
ACCEPTABLE WASTE/NON-CONFORMING WASTE/ADDITIONAL CHARGES.
Customers should check www.wm.com for updates to this list prior to initiating
a shipment of a Container in order to ensure that only Acceptable Waste is
shipped in the Container. Materials other than the Acceptable Waste indicated
as eligible for shipping in each Container, and material having constituents,
characteristics, components or properties not included within the list(s) of
Acceptable Waste for each Container shall be "Non-Conforming Waste." (a)
Special Terms Applicable to LampTracker Services: Any materials containing
polychlorinated biphenyl (“PCB”) shall be considered Non-Conforming Waste. High
intensity discharge bulbs qualify as Acceptable Waste only if packaged and
labeled in accordance with all federal laws, including United States Department
of Transportation regulations or any state law labeling requirements for the
purposes of LampTracker Services. (b) Special Terms Applicable to MedWaste
Tracker Services: Only Regulated Medical Waste (as defined herein) qualifies as
Acceptable Waste for the purposes of MedWaste Tracker Services. "Regulated
Medical Waste" includes but is not limited to sharps, gauze, bandages,
containers, tubing, blood, blood products, trace chemotherapy waste, tissue,
specimens generated in the course of diagnosis and medical treatment or medical
waste as defined by Your State medical waste regulations or the OSHA Bloodborne
Pathogen Standard (29 CFR 1910.1030). Customer shall, prior to shipping,
provide to Company, or its designee, accurate and complete documents, shipping
papers or manifests as required for the lawful transfer of the Regulated
Medical Waste under all applicable federal, state or local laws.
"Non-Conforming Waste" for the purposes of MedWaste Tracker Services
means: (1) any waste or other material not falling within the definition of
Regulated Medical Waste including complete human remains and abortion products;
(2) radioactive waste; (3) any chemical waste and any listed or characteristic
hazardous waste; (4) containers that are damaged, leaking or could cause harm
or exposure to employees, the general public or others; (5) waste that has been
incorrectly identified, labeled and/or segregated; (6) any waste or device
containing mercury including amalgam, vacuum pumps and other medical devices;
and (7) pharmaceutical waste (except what is accepted under the pharmaceutical
disposal program of a Company designee). (c) Special Terms Applicable to
AerosolTracker Services: Only certain aerosol cans qualify as Acceptable Waste,
and AerosolTracker Services are only available for use by a household or a
Conditionally Exempt Small Quantity Generator as certified to Company's
reasonable satisfaction ("CESQG"). "Non-Conforming
Waste" for the purposes of AerosolTracker Services includes, but is not
limited to, those examples of AerosolTracker Services Non-Conforming Waste
contained on Exhibit A below. (d) Special Terms Applicable to DentalTracker
Services: DentalTracker Services are only available for use by a CESQG, all
Acceptable Waste must be disinfected, and no more than net 1lb of elemental
mercury may be placed in the Container. (e) Special Terms Applicable to
MercuryTracker Services: MercuryTracker Services are only available for use by
a CESQG and no more than net 1lb of elemental mercury may be placed in the
Container. (f) Special Terms Applicable to BatteryTracker Services: All
batteries shall be packaged in conformance with WM’s instructions and any
Container with incorrectly packaged batteries will constitute Non-Conforming
Waste. (g) Special Terms Applicable for Smoke Detectors: Smoke Detectors
includes all intact and unbroken ionization and
photoelectric smoke detectors. Any smoke detector containing hazardous waste or
radioactive material, including but not limited to Americium 241, must
be packaged and labeled in accordance with the Instructions and in accordance
with all federal laws, including United States Department of Transportation
regulations or any state law labeling requirements. Remove all batteries prior
to placing in a Container. Materials other than ionization and photoelectric
smoke detectors are considered Non-Conforming Waste. (h)Terms/Charges
Applicable to Non-Conforming Waste: If Company, or its designee, determines
that any Container contains Non-Conforming Waste, Company, or its designee,
may, at its sole discretion, and at Customer's sole cost and expense: (i)
reject the Container and return it to Customer; (ii) return the Non-Conforming
Waste to Customer; (iii) treat, process and or dispose of the contents of the
Container and/or (iv) report the receipt of such Non-Conforming Waste to the
appropriate regulatory or government agency, as required by law. Customer shall
be liable for any and all costs associated with Non-Conforming Waste. Neither
Company, nor any of its designees, will ever take title to Non-Conforming
Waste, and title to Non-Conforming Waste shall always remain with Customer.
10.
CHARGES FOR FAILURE TO COMPLY WITH TERMS AND INSTRUCTIONS;
CHANGED CONDITIONS; RATE INCREASE; AND ADDITIONAL SERVICES. Company
reserves the right to charge or bill Customer additional amounts for any of the
following: (a) any Container exceeding its specified maximum weight; (b)
shipping materials in the wrong Container, or mixing materials in a Container;
(c) additional shipping Charges beyond the amounts prepaid for any Prepaid
Label; (d) any costs or expenses incurred by Company as a result of Customer's
failure to comply with these Terms or the Instructions, other than the usual and
customary costs of Company in the performance of the Tracker Services; or (e)
any costs related to changes in applicable law occurring after the date of
purchase of the Container. The rates may be adjusted by Company to account for:
any increase in disposal or fuel costs; increases or changes in the scope of
work, as requested by Customer; increased costs due to uncontrollable
circumstances, including, without limitation, changes in local, state or
federal laws or regulations, imposition of taxes, fees or surcharges and acts
of God such as floods, fires, etc. Company may also increase the charges to
reflect increases in the Consumer Price Index.
11.
WARRANTY. Each party represents and warrants that it will
comply with all applicable laws. Company warrants, except where Tracker
Services are used in Prohibited States, as follows: (a) the Container has
passed, and meets or exceeds the applicable performance standards of federal,
state and local regulations; and (b) if the Container is packed, sealed and
shipped strictly in accordance with the Instructions, it is adequate to
transport Acceptable Waste to the processing facility from authorized points
under ordinary commercial shipping conditions. Other than as expressly
warranted herein, the Tracker Services are provided "as is," and
Company disclaims any and all warranties, express or implied, including, but
not limited to, implied warranties of merchantability and fitness for a
particular purpose. Customer warrants that it will not ship any Non-Conforming
Waste in the Container and that Customer will otherwise comply with these Terms
and all Instructions. Further, Company warrants that it will handle, manage,
treat, process and dispose of the Acceptable Waste in a safe and workmanlike
manner and in full compliance with all valid and applicable statutes,
ordinances, orders, rules and regulations of the federal, state and local
governments, provided however Company makes no representations or warranties as
to the recyclability of all components contained in the Acceptable Waste
or that all components will be recycle.
12.
INDEMNITY. Provided Customer complies with these Terms and
the Instructions, Company will indemnify, defend and save Customer harmless in
accordance with the foregoing Terms, except with respect to any matter related
to either a carrier collecting or shipping the Container or any Non-Conforming
Waste. Customer agrees to indemnify, defend and save Company harmless from and
against any and all liability which Company may be responsible for or pay out
as a result of bodily injuries (including death), property damage, or any
violation or alleged violation of law to the extent caused by Customer’s breach
of these Terms or by any negligent act, negligent omission or willful
misconduct of the Customer or its employees, agents or contractors in the
performance of these Terms or Customer’s use, operation or possession of any
equipment furnished by Company, or any occurrences related to Non-Conforming
Waste. Neither party shall be liable to the other for special, consequential
incidental or punitive damages arising out of the performance of the Terms. This
Section will survive any termination of the parties' relationship.
13.
SPECIAL TERMS AND CONDITIONS
a. Examples
of AerosolTracker Services Non-Conforming Wastes (1) Aerosols that are not
in good condition (e.g., damaged, corroded, punctured, leaking, or crushed);
(2) Aerosols with labels that are missing, covered, illegible, or obscured; (3)
Aerosols with a capacity of greater than 1 liter (1000 ml); (4) Products that
are not true aerosols (i.e., non-refillable cylinders containing a gas under
pressure, used solely to expel a liquid, paste, or powder from the cylinder through
a self-closing release device). Examples of prohibited non-aerosols include: •
Pump sprays; • Oxygen canisters; • Signal horns; • Non-pressurized self-defense
sprays; • Liquefied petroleum gas ("LPG") cylinders; • Gas for
powering toy pellet guns; • Other cylinders containing gases only; (5) Aerosols
that are specially regulated or not authorized for receipt, including: •
CFC-containing products (e.g., certain inhalers and refrigerants); • Expanding
foam products (e.g., insulation foam); • PCB-containing products (e.g., certain
paints, pesticides, or adhesives that are greater than 25 years old); • Pepper
sprays; • Pesticides/herbicides that are not intended for household use or that
have labels which do not authorize recycling of used aerosol cans; • Silicone
gasket-maker products; • Tear gas cartridges or devices; • Zinc-based
paints/primers/coatings (e.g., zinc-rich cold galvanizing sprays); (6)
Industrial or other aerosols that do not have potential consumer uses; (7)
Aerosols that do not have tops, caps, or lids that are capable of preventing
accidental discharge during transport and related handling (e.g., aerosols
designed with a removable cap if the cap is missing); (8) Aerosols that are
discarded by facilities in any of the following industries: (a) petroleum
refining, (b) chemical manufacturing, (c) coke by-product recovery, or (d)
treatment, storage, or disposal facilities handling benzene wastes from any of
these three industries. Customers should check the Web Site for updates to this
list prior to initiating a shipment of a Container in order to ensure that no
Non-Conforming Wastes are shipped in the Container.
b. With
respect to the eScrapTracker Services, Customer waives any and all claims
against WMLT arising from or relating to any breaches of data security while in
transport, including but not limited to claims arising under the HIPAA, the
Gramm-Leach-Bliley Act of 1999, and the Right to Financial Privacy Act of 1978,
as amended, et al.
14.
ENTIRE AGREEMENT. This Agreement constitutes the sole and
entire agreement of the parties to this Agreement with respect to the subject
matter contained herein and supersedes all prior and contemporaneous
understandings, agreements, representations and warranties, both written and
oral, with respect to such subject matter. If any provision in this Agreement
is determined to be illegal, invalid or unenforceable, the remainder of this
Agreement will nonetheless survive and govern the rights and obligations of the
parties hereto. No provision of this Agreement will be deemed waived, amended,
or modified by either party unless such waiver, amendment, or modification is
in writing signed by the party against whom enforcement is sought. Any
additional or different terms or conditions contained in any document furnished
by Customer are hereby objected to and rejected by WM.
