LAMPTRACKER TERMS AND CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS APPLY TO
THE FOLLOWING SERVICES PROVIDED BY WASTE MANAGEMENT
BallastTrackerSM, BatteryTracker®, DentalTrackerSM,
eScrapTracker®, GreenTrackerSM, LampTracker®, MedWaste Tracker®,
MercuryTracker®, Think Green from Home®, and Ink and Toner Cartridges Mail-Back
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
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:
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
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.
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
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,
Arkansas, Connecticut, Maine, Massachusetts, Minnesota, New
Hampshire, New York, Pennsylvania, Rhode Island, Vermont and Virginia
Arkansas, Connecticut, Maine, Minnesota, New Mexico, New
Hampshire, Rhode Island, Vermont and Virginia
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.
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.
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
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.
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.
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.
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.
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) 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.
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.
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.
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.
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.
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:
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. 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
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. 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.
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.