LAMPTRACKER TERMS AND CONDITIONS

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"):

This Tracker Service:

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”):

AerosolTracker

Arkansas, Connecticut, Maine, Massachusetts, Minnesota, New Hampshire, New York, Pennsylvania, Rhode Island, Vermont and Virginia

BallastTracker

Maine

BatteryTracker

Maine

DentalTracker

Arkansas, Connecticut, Maine, Minnesota, New Mexico, New Hampshire, Rhode Island, Vermont and Virginia

eScrapTracker

Maine

GreenTracker

None

LampTracker

None

MedWaste Tracker

None

MercuryTracker

Maine

Recycle-2-Save

None

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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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)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.

  8. 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.

  9. 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.

  10. 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. 

  11. EXHIBIT 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.

  12. 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.


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 3rd 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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  11. 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.

  12. 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.

  13. 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.

  14. 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.


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