WM LampTracker Bulk Program Recycling Program TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) govern (a) your use WM LampTracker (“WMLT”) bulk recycling programs (the “Recycling Program”); and (b) the relationship between WMLT and the user of the Recycling Program (“You” or “Customer”). If you have any questions regarding these Terms, consult WMLT Web Site (currently: www.wmlamptracker.com) or call 1-888-537-4874.

USE OF THE RECYCLING PROGRAM CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. 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).

1. SERVICE REQUIREMENTS. Service arrangements will be agreed by the parties. Changes in the frequency of collection service, schedule, number, capacity and/or type of equipment may be agreed to in writing or by the actions and practices of the parties.


2. LIMIT ON PROGRAM AVAILABILITY. The Recycling Programs are available to Customers located in the 50 United States and Puerto Rico.


3. NON-CONFORMING WASTE. Customer represents and warrants that it shall provide only acceptable recycling materials as indicated on the Acceptable Universal Waste sheet (the “Acceptable Waste”). A detailed list of the Acceptable Waste also may be obtained from WMLT. 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. Material will be considered nonconforming if it has constituents, characteristics, components or properties not included within the definition of Acceptable Waste, and Acceptable Waste specifically excludes, and Customer agrees not to deposit or permit the deposit for collection of, any batteries not packaged in conformance with WMLT’s instructions, waste tires, radioactive, volatile, flammable, explosive, biomedical, infectious, biohazardous, regulated medical waste, toxic substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations, or other waste not approved in writing by WMLT (collectively, “Non-Conforming Waste”). Title to and liability for Non-Conforming Waste shall remain with Customer at all times.  Title to Acceptable Waste shall vest in WMLT at time of pick-up or delivery.  If WMLT determines that there is any Non-Conforming Waste, WMLT may, at its sole discretion, and at Customer’s sole cost and expense: (a) return the Non-Conforming Waste to Customer; or (b) process the Non-Conforming Waste and Customer shall pay for any and all costs associated with processing the Non-Conforming Waste, including but not limited to special handling, transportation services, and administrative costs.


4. PACKAGING. Customer shall properly pack, seal and label material in accordance with the WMLT Bulk Packaging Instructions which can be obtained on the WMLT Web Site or by calling WMLT. Any packaging or repackaging of material to meet DOT or other regulations will be invoiced at the hourly rate indicated on the WMLT price quotation. WMLT may charge an hourly rate to unpack individual boxes, remove sleeves or blister pack materials.


5. TRANSPORTATION. Customer shall have lamps packaged/palletized and at their loading dock prior to WMLT (or 3^rd party) truck’s arrival. Customer shall be available to assist the driver with loading. Customer may be charged a trip cancellation fee in any instance where WMLT is scheduled to pick-up and the pick-up is cancelled, or rescheduled with less than 72 hours advance notice, or material is unavailable for pickup. One hour of loading/unloading time is allocated for each stop, and any additional time will be charged at the hourly rate indicated on the WMLT price quotation.  Customer shall be charged for actual freight charges for any White Glove Service, special services or time requirements.


6. CHARGES FOR FAILURE TO COMPLY WITH TERMS AND INSTRUCTIONS; NON-CONFORMING WASTE; CHANGED CONDITIONS; AND ADDITIONAL SERVICES. WMLT reserves the right to bill additional amounts for any of the following: (a) any container exceeding its specified maximum weight; (b) any discrepancies between the weight, actual counts or classification of materials received at the WMLT facility and the weigh , counts or classifications of materials provided by Customer; (c) costs associated with handling any Non-Conforming Waste; (d) shipping materials in the wrong container or mixing materials in a container; (e) any costs or expenses incurred by WMLT other than the usual and ordinary costs of WMLT in the performance of the Recycling Program; or (f) any costs related to changes in applicable law. Actual counts, weights and classification of materials calculated at the WM LampTracker facility upon delivery are final.


7. PAYMENT TERMS. Payments are due within 30 days of the invoice date regardless of when the container is filled and returned for recycling. WMLT reserves the right to charge a late fee no greater than that allowed by law on balances not paid within thirty (30) days of the date of the invoice. Credit card payments are charged at time of order. Prices are subject to change at any time upon notice.


8. WARRANTY. Each party represents and warrants that it will comply with all applicable laws. Further, WMLT 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 in whose jurisdictions such Recycling Program is performed under these Terms. Other than as expressly warranted herein, WMLT disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.


9. INDEMNITY. WMLT will indemnify, defend and save Customer harmless from and against any and all liability which Customer 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 any negligent act, negligent omission or willful misconduct of WMLT or its employees, which occurs (1) during the collection or transportation of Customer’s Acceptable Waste, or (2) as a result of the disposal of Customer’s Acceptable Waste in a facility owned by a subsidiary of Waste Management, Inc., provided that WMLT’s indemnification obligations stated herein will not apply to any occurrences involving or related to Non-Conforming Waste. Customer agrees to indemnify, defend and save WMLT harmless from and against any and all liability which WMLT 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 WMLT, 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 Recycling Program.  This Section will survive any termination of the parties’ relationship.
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10. LIMITATION ON LIABILITY. Other than the obligations of WMLT set forth in these Terms: (a) in no event shall WMLT be liable or responsible for any matter beyond WMLT’s reasonable commercial control; and (b) in no event shall WMLT be liable to Customer for any amount in excess of the amount received by WMLT for the Recycling Program.


11. GOVERNING LAW AND VENUE. These Terms will be interpreted in accordance with the laws of the State of Texas, without regard to its choice of law provisions, as though all acts and omissions occurred in the State of Texas. All disputes arising under these Terms will be brought in a state or federal court in Houston, Texas, and, in such instance, Customer: (a) waives any objection which it might have now or hereafter to the exclusive venue of any such litigation, action or proceeding, (b) irrevocably submits to the exclusive jurisdiction of any such court, (c) waives any claim or defense of inconvenient forum; and (d) waives any right to trial by jury of any claim or cause of action by or against WMLT.


12. FORCE MAJEURE. WMLT shall not be in default for its failure to perform or delay in performance caused by events or significant threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, strikes, labor trouble, riots, imposition of laws or governmental orders, fires, acts of war or terrorism, acts of God, and the inability to obtain equipment, acts or omissions of shippers or carriers, and WMLT shall be excused from performance during the occurrence of such events.


13. ENTIRE AGREEMENT; CONSTRUCTION. These Terms constitute your entire agreement with WMLT with respect to the Recycling Program superseding all prior communications, agreements or correspondence between the parties or their representatives for these Recycling Program; provided, however, obligations which apply to the Packing Instructions or on the Web Site are hereby incorporated herein. If any provision in these Terms is determined to be illegal, invalid or unenforceable, the remainder of these Terms will nonetheless survive and govern the rights and obligations of the parties hereto. No provision of the Terms 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 WMLT. No representation or statement made by any employee, agent, or representative of WMLT shall be binding on WMLT to the extent such representation or statement differs from these Terms.