AS OF MARCH 1, 2017
THIS IS A LEGALLY BINDING AGREEMENT.
PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY BEFORE PROCEEDING WITH YOUR ORDER. PLACING AN ORDER THROUGH THE WEBSITE OR VIA A PHONE ORDER SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE.
These Terms of Service (“Terms”) shall apply to those electronic recycling services provided by ERI, Inc., and/or its subsidiaries (“ERI”) and govern (a) your use of the ERI electronic waste recycling box and/or boxes (the “Box”) in connection with ERI’s electronic waste recycling services (“Services”); and (b) the relationship between ERI and the user of the Box (“You” or “Customer”). The Terms shall be effective as of the date you place an order. If you have any questions regarding these Terms, please call 1-800-374-3473 or visit our website at https://lasan.eridirect.com/.
1. LIMIT ON PROGRAM AVAILABILITY. The Program is offered to residents in the City of Los Angeles and extended to LA county residents.
2. RECYCLING SERVICES. Subject to these Terms, upon receipt and acceptance of a Customer Box, ERI shall handle, process, and recycle in strict compliance with all applicable state and federal laws, rules and regulations and in accordance with e-Stewards, R2, ISO 9001, ISO 14001, and ISO 45001 standards. In addition, any data contained on any electronic storage media incorporated into the material will be shredded, erased, degaussed, impaired or otherwise overwritten in accordance with Department of Defense standards and specifications.
3. TITLE TO MATERIALS. Asset ownership shall transfer to ERI upon receipt of the Recycled Materials from customer at an ERI facility; provided, however, that the City of Los Angles nor ERI and its subsidiaries shall not be considered the owner of any hazardous, unauthorized and/or non-conforming waste which may be delivered to ERI or its subsidiaries outside the scope of the Services.
4. EXPIRATION OF BOX; UNUSED CONTAINERS. Boxes must be used within 90-days. Each Box must be shipped to ERI by the expiration date printed on your prepaid return shipping label (“Expiration Date”). ERI has no obligation after the Expiration Date. ERI will not be obligated to give a refund for unused Boxes.
5. PACKAGING. Customer is responsible for safely and securely packaging and shipping electronics.
6. SHIPPING. Customer shall comply with all shipping instructions. Shipping instructions are included with each Box. They may also be obtained by calling 1-800-374-3473. You will receive your prepaid return shipping label (the “Prepaid Label”) with your Box. Please follow the return shipping instructions.
7. ADDITIONAL SHIPPING CHARGES. In the event you ship the Box after the Expiration Date you shall be responsible for any additional charges.
8. NON-CONFORMING WASTE. The Box may only be used for recycling materials indicated on the Box or on the insert including with the Box (the “Recycled Materials”). A detailed list of the Recycled Materials may also be obtained from ERI. Material will be considered nonconforming if it has constituents, characteristics, components or properties not included within the definition of Recycled Materials (“Non-Conforming Waste”). If ERI determines that any Box contains Non-Conforming Waste, ERI may, at its sole discretion, and at Customer’s sole cost and expense: (a) reject the Box and return it to Customer; (b) return the Non-Conforming Waste to Customer; or (c) process the contents of the Box and Customer shall pay for any and all costs associated with processing the Non-Conforming Waste.
9. CHARGES FOR FAILURE TO COMPLY WITH TERMS AND INSTRUCTIONS; NON CONFORMING WASTE; CHANGED CONDITIONS; AND ADDITIONAL SERVICES. ERI reserves the right to bill additional amounts for any of the following: (a) any Box exceeding its any specified maximum weight; (b) costs associated with handling any Non-Conforming Waste; (c) shipping materials in the wrong Box or mixing materials in a Box; (d) additional shipping charges beyond the amounts prepaid for any Prepaid Label; (e) any costs or expenses incurred by ERI other than the usual and ordinary costs of ERI in the performance of the Services; or (f) any costs related to changes in applicable law occurring after the date of purchase of the Box.
10. WARRANTY. ERI warrants that is will handle, manage, treat, process and dispose of the Recycled Materials 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 activities are performed under this Agreement. Other than as expressly warranted herein, the Box is provided “as is,” and ERI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
11. INDEMNITY. Customer will indemnify, defend (with counsel of ERI’s choosing) and hold harmless, ERI and/or The City of Los Angeles, and their respective directors, shareholders and employees from and against any and all claims and damages, causes of action, costs, reasonable attorneys’ fees, losses, or liability arising from the use, packing and/or shipping of the Box (prior to acceptance by ERI), any contents packaged in the Box, breach of these Terms or violation of any applicable city, county, state or federal law, rule or regulation by Customer or any carrier shipping the Box. This Section will survive any termination of the parties’ relationship.
12. LIMITATION ON LIABILITY. Other than the obligations of ERI set forth in these Terms: (a) neither ERI nor its suppliers, officers, agents, affiliates, shippers, contractors and employees shall be responsible or liable with respect to the Services, the Box, or any use thereof, under any theory of contract, negligence, strict liability or other theory; (b) in no event shall ERI be liable or responsible for any matter beyond ERI’ reasonable commercial control; and (c) in no event shall ERI be liable to Customer for any amount in excess of the amount received by ERI for the purchase of this Box.
13. GOVERNING LAW AND VENUE. These Terms will be interpreted in accordance with the laws of the State of California, without regard to its choice of law provisions, as though all acts and omissions occurred in the State of California. The parties shall submit all disputes, claims or demands of any kind relating to or arising out of these Terms (“Controversy”) to a three-step dispute resolution process. The three-step process shall (i) begin with informal negotiation conducted in good faith; (ii) be followed, if necessary, by mediation exclusively in Fresno, CA, initiated by a written demand of one party served on the other, and if the mediator determines that the Controversy cannot be resolved by mediation or if either party shall make a written demand therefor, then; (iii) the Controversy shall be submitted to binding arbitration exclusively in Fresno, CA, conducted by a neutral arbitrator, in accordance with the rules and regulations of the American Arbitration Association. The arbitration award shall include attorney’s fees and costs pursuant to this Agreement, and any damages or remedies otherwise available under applicable law, shall be supported by written conclusions of law and fact. Application may be had by any party to any court of general jurisdiction for entry of judgment based on the arbitration award. The foregoing notwithstanding, either party may maintain, for the purpose of obtaining a provisional remedy or provisional relief, any underlying action or claim on which such affirmative relief may be based.
14. FORCE MAJEURE. If ERI is prevented from complying, either totally or in part, with any of the terms or provisions of these Terms by reason of fire, flood, storm, strike, lockout or other labor trouble, any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental authority, riot, war, rebellion or other causes beyond the reasonable control of ERI, or other acts of God, then upon written notice to Customer, the affected provisions and/or other requirements of these Terms shall be suspended during the period of such disability and ERI shall have no liability to Customer in connection therewith. ERI shall use reasonable efforts to remove the disability within thirty (30) calendar days of giving notice of the disability.
15. ENTIRE AGREEMENT; CONSTRUCTION. These Terms constitute your entire agreement with ERI with respect to the purchase and use of any Box or the Services, superseding all prior communications, agreements or correspondence between the parties or their representatives for these Services; provided, however, obligations which apply to users of the Box set forth on or in the Box, in the Packing Instructions 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. Representations or statements made by any employee, agent, or representative of ERI shall not be binding on ERI unless agreed upon in writing by ERI.