Thank you for choosing ‘WasteSecure™’ containers for the proper handling/recycling of your lamps, dry cell batteries, non-PCB ballasts, electronics and intact mercury devices (the “Approved Materials”). In order to serve you, we have prepared these WasteSecure™ Terms and Conditions with details setting forth both your and our rights and obligations. Please understand that by using WasteSecure™ containers, you are agreeing to these Terms and Conditions.
REFUNDS
If you have purchased the WasteSecure™ containers online and do not agree to these Terms and Conditions, please contact us within fifteen (15) days after receipt of container(s), toll-free at 888.350.2350 for return instructions. We will need a copy of your purchase receipt as well as return of the container(s) before a refund can be issued.
If you have purchased a WasteSecure™ container from a third-party or distributor, please contact them directly to request a refund.
USE OF CONTAINERS AND RETURN OF MATERIALS
Only Approved Materials are to be returned in WasteSecure™ containers and must be used in accordance with our instructions. Failure to do so could result in additional charges, the rejection of a shipment or other remedies available to WasteSecure™. WasteSecureTM containers are sold for shipment and recycling of Approved Materials only. WasteSecureTM containers are not designed, nor are they intended for, personal, household or any other consumer use; any use of the WasteSecureTM containers outside of the intended use of the WasteSecureTM containers is at the user’s sole risk and expense. WasteSecure™ does not recommend that the WasteSecureTM box be used as a long-term storage option.
ADDITIONAL CHARGES/NON-CONFORMING MATERIALS
Additional charges may apply if you exceed stated container capacity and/or ship materials other than Approved Materials. If you ship materials other than Approved Materials and we can accept these materials, additional charges may be incurred for the processing of these materials. If we cannot accept materials, you agree to accept materials/containers back at your expense and to reimburse any other costs that we incur. Materials will be considered non-conforming if it has constituents, characteristics, components or properties not included within the Approved Materials.
DISCLAIMER
In no event will you or we be responsible to the other for consequential, incidental, indirect, special or punitive damages in connection with these Terms and Conditions or your use of WasteSecure™ containers, whether based in contract, tort, strict liability, statute or otherwise.
INDEMNIFICATION
We promise to indemnify you (which includes your employees, officers and directors) from any and all liability (including reasonable attorneys fees) for which you may be responsible as the result of bodily injuries (including death), property damage, contamination of the environment or any violation of law to the extent the liability is caused by 1) our breach of these Terms and Conditions or 2) our employees’, officers’ and directors’ negligence or willfulness which occurs during our providing services to you, as long as you have sent us only Approved Materials.
You promise to indemnify us (which includes our employees, officers and directors) from any and all liability (including reasonable attorneys fees) for which we may be responsible as the result of bodily injury (including death), property damage, contamination of the environment or any violation of law caused by 1) your breach of the Terms and Conditions, specifically including but not limited to any shipment of materials to WasteSecure™ that are not Approved Materials, (2) your use, storage or management of materials prior to shipment to us, specifically including but not limited to your placement of materials in WasteSecure™ containers, or (3) you or your employees’, officers’ or directors’ negligence or willfulness which occurs during your seeking or obtaining services from us.
OUR PROMISE
We promise to provide you with WasteSecure™ containers that have not been damaged and have been properly packed and sealed in accordance with our instructions. If a WasteSecure™ prepaid shipping label was included in your container, please use this label to return the container to us. If you did not receive a prepaid label, please contact us at 888.350.2350 to arrange for shipping. As per 40 CFR 264.12(b), 273.18(d) and 273.38(d), we maintain the appropriate permits and agree to receive your materials as long as shipped according to container content, packing and shipping instructions. We will properly manage, recycle and dispose of the Approved Materials in accordance with the law, provided that we receive your WasteSecure™ container within twelve (12) months of purchase date. Please note that WasteSecure™ reserves the right to reject and shipment if WasteSecure™ determines that the WasteSecure™ containers were not purchased from WasteSecure™ or an authorized distributor.
YOUR PROMISE
You promise that you will only send us Approved Materials, in undamaged WasteSecure™ containers, purchased or received from either us or an authorized distributor, packed in accordance with our instructions, with a quantity that does not exceed the stated capacity of container. You also promise to complete the prepaid shipping label (if included) correctly and to affix to correct location on container. You also promise not to place a prepaid shipping label to any other container other than the appropriate WasteSecure™ container.
PAYMENT TERMS
Payment for standard WasteSecure™ services is to be pre-paid. Payment for WasteSecure™ containers covers standard shipping fees and recycling of Approved Materials up to the stated container capacity. Payments for any additional fees that may accrue (for shipment of other than Approved Materials, shipments in excess of container capacity, etc.) are due within thirty (30) days of the invoice date. WasteSecure™ reserves the right to charge a late fee no greater than that allowed by law on balances not paid with thirty (30) days of the date of the invoice. Prices are subject to change at any time upon notice.
TITLE TO CONTAINER
Until WasteSecure™ receives and accepts any WasteSecure™ containers, title and risk of loss of any WasteSecure™ containers and its contents will remain with you and you are solely responsible for the contents of the WasteSecure™ containers.
LIMITATION OF LIABILITY
Except as expressly provided herein, neither party shall be liable to the other party or any third party for any special, punitive, consequential or indirect damages, including but not limited to loss of profits, business opportunities, or customer goodwill in connection with these Terms and Conditions or the services provided hereunder, provided, however, that the foregoing limitations shall not apply to third party claims for which a party hereto is entitled to receive indemnity hereunder. Neither party shall have any liability to the other party in connection with the WasteSecureTM services except as expressly set forth in these Terms and Conditions. Under no circumstances shall WasteSecure™ be liable or otherwise responsible for lost or stolen WasteSecure™ containers.
MISCELLANEOUS
These Terms and Conditions shall not be assignable in whole or in part by any party hereto without the prior written consent of the other party hereto, except that WasteSecure™ may assign any of its rights pursuant to this Terms and Conditions to any of its affiliates. Unless otherwise indicated herein, all notices, requests, demands or other communications between the parties shall be deemed to have been given or made when deposited in the mail, via registered or certified mail, return receipt requested, postage prepaid, or by means of overnight delivery service when delivered to such service addressed or by facsimile at the address or number provided below. Neither these Terms and Conditions nor any part hereof may be changed, altered or amended orally. Any modification must be by written instrument signed by you and WasteSecure™.
Failure by any party to exercise promptly any right granted herein or to require strict performance of any obligation imposed hereunder shall not be deemed a waiver of such right. If any provision of this Terms and Conditions held ineffective for any reason, the other provisions shall remain effective. Except as specifically provided herein, neither party shall act or represent or hold itself out as having authority to act as an agent or partner of the other party or in any way bind or commit the other party to any obligations. Nothing contained in this Terms and Conditions shall be construed as creating a partnership, joint venture, agency, trust or other association of any kind, each party being individually responsible only for its obligations as set forth in this Terms and Conditions. This Terms and Conditions contains the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.
This Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of Wisconsin applicable to agreements made and to be performed entirely within Wisconsin, without regard to the conflicts of law principles of Wisconsin. Each party shall have the right to enforce by judicial process in any state or Federal court of competent personal and subject mater jurisdiction the full and specific performance of these Terms and Conditions and any provision hereof whenever it has reason to believe that any violation of this Terms and Conditions has occurred or is threatened. In this regard, each party consents to personal jurisdiction in the United States District Court for the District of Wisconsin, and waives any objection relating to an inconvenient forum that the party might otherwise have.
Except for the obligation to make payments hereunder, neither party shall be in default for its failure to perform or delay in performance caused by events beyond its reasonable control, including, but not limited to, labor trouble, strikes, lockouts, riots, imposition of laws or governmental orders, fires, acts of God, and inability to obtain equipment, and the affected party shall be excused from performance during the occurrence of such events.
IF YOU HAVE ANY QUESTIONS OR REQUIRE ANY ADDITIONAL SERVICES,
PLEASE CONTACT US TOLL–FREE AT 1-888-350-2350.
THANK YOU FOR CHOOSING WasteSecure™