Terms of service
ELECTRONIC RECYCLING SERVICES AGREEMENT
This Electronic Services Agreement is made between Commonwealth Computer Recycling LLC dba CyberCrunch ("Company") and the customer listed on the order form ("Customer") during the online checkout process ("Online Order"). By returning this mail-back recycling box you agree to the following Terms and Conditions (together with the Online Order, the "Agreement").
Electronic Recycling Services. Subject to the terms and conditions contained in this Agreement, Company agrees to provide Customer E-Waste disposal services whereby Company provides recycling, refurbishment and/or reuse services for E-Waste within the continental United States as designated on the first page of this Agreement (the "Services"). Customer grants to Company the rights to perform the Services hereunder.
- CyberCrunch Mail-Back Services. Company will deliver boxes to Customer for the Customer's packing and shipping of E-Waste to Company or its subcontractor ("Mail-Back Service"). Each Mail-Back Box must be received by Company within 60 days of receiving the Mail-Back Box as shown by the tracking number ("Expiration Date"). Neither the Company nor its subcontractor has any obligation after the Expiration Date and shall not be obligated to give a refund for unused Mail-Back Box. Customer is responsible for complying with all packaging, sealing and shipping instructions included with each Box Mail-Back. In the event Customer ships a Box Mail-Back after the Expiration Date, Customer shall be responsible for any additional charges to ship the Box Mail-Back.
- Company will provide a prepaid third party shipping label for the collection of E-Waste to the Customer. Customer shall be responsible for all sorting, packing, and delivering box the courier.
- E-Waste."E-Waste" means Customer surplus electrical and electronic equipment waste and shall consist only of High Grade, Low Grade and Video Display Devices as defined herein. High Grade includes (DT, LT, Phones (cell/smart/mobile phones only)) includes: Analog Computer, Computer Router, Mainframe Computer (Computer), Media Storage Devices (HG Hard Drive/ Low Grade), Microcomputer, Minicomputer, Desktop Computer, Personal Computer (handheld, laptop, notebook, notepad), Switching Equipment, Telephone (cellular, cordless, wireless), Telephone Carrier Switching Equipment. Low Grade includes: CD Rom Drive, Computer Disk Drives, Personal Digital Assistant (PDA), Broadcast Equipment (with no screen), Cable TV Transmitting or Receiving Equipment, Citizen's Band (CB) Radio, Global Positioning System (GPS), Local Area Network (LAN) Communication, Satellite TV Transmitting, Receiving Equipment, Telephone Carrier Line Equipment, Office/Home Phone, Amplifier, DLT Machine, Audio Player (tape, disc, digital), Audio Recorder (tape, disc, digital), Camera (film, tape, disc, digital), Tuner, Equalizer, Mixing Board, Preamplifier, Receiver, Blender, Can Opener, Food Processor, Mixer, Sewing Machine, Watch, Analyzer, Automatic Environmental Controller or Regulator, Instrument for Industrial Process Control, Meteorology Instrumentation, Meter, Bender, Drill, Grinder, Lathe, Nibbler, Planer, Router, Sander, Saw, Screwdriver, Welder, Bar Code Scanner, Calculator, Compact Discs, Computer Mouse, Computer Keyboard, Copying Equipment, Data Tapes, Data Diskettes, Point of Sale (POS) Terminal, Printer, Flatbed Scanner, Typewriter, Universal Serial Bus (USB) Flash Drives, Joystick, Flash Memory Cards, Antenna, Transmitting or Receiving Equipment, Closed Circuit Television Equipment, Fax Machine, Infrared Wireless Device, Traffic Signal, Intercom System, Pager, PBX (private branch exchange), Telephone Answering Machine, Telex Machine, Headphones, Microphone, Musical Instrument, Public Address System, Video Player or Projector (tape, disc, digital), Radio, Speaker, Turntable, Video Recorder (tape, disc, digital), Answering Machine, Bottle or Can Dispenser, Carpet Sweeper, Fan, Fryer, Garment Care Appliances, Glue Gun, Hair Dryer, Radiator, Razor, Solid Product Dispenser, Toaster, Toaster Oven, Weigh Scale, Coffee Grinder, Coffee Maker, Curling Iron, Dehumidifier, Devices for Monitoring Time, Electric Hot Plate, Humidifier, Iron, Kettle, Knitting Machine, Microwave Oven, Scale, Scissors, Slicing Machine, Vacuum Cleaner (no contents), Vacuum Sealer, Water Purifier, Heat Gun, Heater, Weaving Machine, Gambling or Gaming Equipment, Video Games and Accessories, Blower, Cutter, Dispenser, Fastener, Folder, Hammer, Joiner, Soldering Gun, Nail Gun, Wrench, Trimmer, Staple Gun, Spreader, Riveter, Punch, Polisher, Alarm System, Surveying Equipment. Video Display Devices include: Computer Terminal, Oscilloscope, TV (CRT, LCD, Plasma, Rear projection), IT Equipment – E-waste Containing Glass, Monitor (CRT, LCD, Plasma), and Tablets.
- E-Waste Tendered. Customer represents, warrants and covenants that all of Customer's electronic and electrical equipment tendered to Company and/or its subcontractors for recycling, refurbishment and/or reuse will be E-Waste (as defined herein) and will not contain any: (a) waste or material other than E-Waste; or (b) electronic and electrical equipment waste that is not acceptable under any applicable federal, state, provincial, tribal and local laws, permits, licenses, regulations, rules and orders regarding the same (collectively "Applicable Laws") for transportation to, storage at, or recycling, refurbishment and/or reuse by Company or its subcontractors because of its hazardous nature (collectively, items (a) and (b) are referred to as "Unacceptable Waste"). Customer shall in all matters relating to the collection, transportation and recycling, refurbishment and/or reuse of the E-Waste comply with all Applicable Laws. Customer acknowledges and understands that due to a variety of factors, including, without limitation, market conditions and processing costs, some or all of the Surplus EEE Waste may be disposed of in a disposal facility and not recycled.
- Risk of Loss and Title Transfer. Risk of loss shall remain with Customer until receipt and acceptance by Company. In the case of Mail-Back Service, CyberCrunch will not have deemed to recieved or accpted materials until third party carrier delivers the materials to Company. Title to, and liability for, Unacceptable Waste handled or disposed of by Company shall at all times remain with Customer.
- Rights of Refusal/Rejection. Customer shall inspect all E-Waste at the place(s) of collection and shall remove any and all Unacceptable Waste. Company and/or its subcontractor has the right to refuse, or to reject after acceptance, any E-Waste for any reason, including if Company believes (a) Customer has breached (or is breaching) any Applicable Laws or any of its representations, warranties, covenants or agreements in this Agreement; or (b) that the waste includes Unacceptable Waste. Company shall have the right to inspect all vehicles and containers transporting or holding any E-Waste to be transported to and/or disposed of under this Agreement, including Customer's vehicles, to determine whether the waste is E-Waste pursuant to this Agreement and to ensure compliance with all Applicable Laws. Company's exercise, or failure to exercise, its rights hereunder shall not operate to relieve Customer of its responsibilities or liabilities under this Agreement. Any costs incurred by Company in connection with returning, handling or disposing of Unacceptable Waste shall be borne by Customer.
- Charges and Payment. If Services are not pre-paid, payment shall be made by Customer within 30 days after invoice date. All unpaid invoices shall carry interest at a rate of 1.5% per month or, if lower, the maximum rate permitted by applicable state law, until the balance is paid in full. Customer agrees to pay a 5% late charge for each payment not received within 30 days after the date of Company's invoice or, if lower, the maximum rate permitted by applicable state law. Customer shall pay a $50.00 charge, or a lower amount within Company's discretion or as otherwise required by Applicable Law, for each returned check. Customer agrees to pay any charges assessed against Company by a subcontractor as a result of Customer including non-electric products or Unacceptable Waste in the E-Waste. Customer additionally agrees to pay, if applicable, (i) all taxes, fees, or other charges imposed by federal, state, local or provincial laws, ordinances and regulations with respect to the services provided hereunder, (ii) an overweight box fee, (iii) an E-Waste sorting fee resulting from Customer's failure to properly separate E-Waste prior to delivery to Company, (iv) a fuel recovery fee, and (v) an administrative fee in the amounts shown on each of Company's invoices, which Company may increase or decrease from time to time by showing the amounts on the invoice. Company may also increase rates for reasons other than as set forth above without Customer's consent, based on volatility in the commodities (metals) markets. Company may also increase rates for reasons other than as set forth above with Customer's consent, which may be evidenced verbally, in writing, or by the parties' actions and practices. Company may charge Customer an additional processing fee if Customer tenders to Company, or its subcontractors, comingled Video Display Devices, High Grade, Low Grade and/or Miscellaneous with respect to the Pack-Up & Pick-Up Service.
- Customer shall indemnify and hold harmless Company and its subsidiaries, affiliates and parent corporations, as applicable, and their respective officers, directors, lenders, employees, subcontractors and agents (the "Company Indemnified Parties") from and against any and all claims, suits, losses, liabilities, assessments, damages, fines, costs and expenses, including reasonable attorneys' fees (collectively, "Losses") arising out of or in connection with such Customer's breach of this Agreement or arising out of the negligence or willful misconduct by Customer or such Customer's employees, agents, subcontractors or representatives. Customer further agrees to indemnify, and hold harmless the Company Indemnified Parties from and against any and all Losses arising out of or related to (a) the transportation, handling, disposal and/or other activities of any Unacceptable Waste, whether or not Customer or Company or its subcontractors were negligent in failing to identify the Unacceptable Waste; (b) the reloading and/or removal of Unacceptable Waste; (c) any penalties, fines or remediation activities incurred by or imposed as the result of the transportation, handling, disposal and/or other activities involving Unacceptable Waste; (d) any increased inspection, testing, study and analysis costs made necessary due to reasonable concerns of Company as to the content of the waste transported and/or disposed following discovery of potentially Unacceptable Waste; (e) any loss by third party shipping carrier including UPS, Fedex or USPS;. Company may also, in its sole discretion, require Customer to promptly remove the Unacceptable Waste at Customer's sole expense. Company shall indemnify and hold harmless Customer and its subsidiaries, affiliates and parent corporations, as applicable, and their respective officers, directors, lenders, employees, subcontractors and agents from and against any and all Losses arising out of or in connection with such Company's breach of this Agreement or arising out of the negligence or willful misconduct by Company or such Company's employees, agents, subcontractors or representatives excluding third-party shipping carriers. Neither party shall be required pursuant to this Section to indemnify the other party for any Losses to the extent arising from the negligence or willful misconduct of the party seeking indemnity. The indemnification and other obligations stated in this Section shall survive the expiration and/or termination of this Agreement.
- Limitation of Liability. Neither Company nor its subsidiaries, affiliates or parent corporation and their respective officers, directors, lenders, employees, subcontractors and agents shall in any event be liable to Customer for any special, incidental or consequential damages arising out of the Services. Furthermore, Customer agrees that the maximum liability for Services, including for a carrier lost packaged, will be the lesser of the total amount paid to Company for that particular transaction or one thousand US dollar ($1,000). The provisions contained in this Section shall survive any termination or expiration of this Agreement.
- Failure to Perform. Neither party shall be liable for its failure to perform due to circumstances that are both not its fault and beyond its reasonable control, including, without limitation, strikes or other labor disputes, riots, protests, civil disturbances or sabotage, changes in law, fires, floods, compliance with government requests, explosions, accidents, weather, lack of required natural resources, pandemic, or acts of God affecting either party. If any of the circumstances provided for in the preceding sentence occur, including, without limitation, whether any federal, state or local court or governmental authority takes any action that would (a) close or restrict operations; (b) limit the quantity or prohibit the transportation, handling, disposal and/or other activities involving Surplus EEE Waste; or (c) limit the ability of or prohibit Customer from delivering Surplus EEE Waste, Company shall have the right to reduce, suspend or terminate Customer's services immediately, without prior notice; provided, however, that Customer's payment and indemnification obligations shall survive such reduction, suspension or termination. Neither Party is required to settle any labor dispute against its own best judgment.
- Assignment. Customer may not assign, transfer or subcontract any of its rights or obligations under this Agreement without the prior written consent of Company, which Company may withhold in its sole discretion. Company may freely assign this Agreement and assign or subcontract any of its rights or obligations hereunder, to any other company, entity or person, in its sole discretion.
- ORDER CANCELLATION. Customer may cancel an order at any time before Customer's items have shipped. Company does not accept cancellations or provide refunds after items have shipped. To cancel an order, Customer email firstname.lastname@example.org or contact customer service by phone at 866-925-2354 x 1 for assistance.
- CONSENT TO TRANSACT ELECTRONICALLY. By electronically signing this Agreement, Customer understands and agrees: (a) to complete this transaction and receive related communications electronically; (b) that this Agreement has the same force and effect as an agreement signed in writing; (c) that Company may provide disclosures required by law or other information regarding its legal rights and duties electronically; (d) that Customer must have, at its own expense, a device that can connect to the internet with a standard internet browser and software that enables it to receive and view PDF format files; (e) that if Customer wants a paper copy of this Agreement or any notice, it may print a copy or download the information for its records; and (f) that Customer may request a paper copy of this Agreement or withdraw its consent to transact electronically by calling customer service. Customer and Company agree that an electronically stored copy of this Agreement constitutes proof of the contents of this Agreement, as though it were an original.
- Miscellaneous. This Agreement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania. No waiver of a breach of any of the obligations contained in this Agreement shall be construed to be a waiver of any prior or succeeding breach of the same obligation or of any other obligation of this Agreement. If any term, phrase, obligation or provision of this Agreement shall be held to be invalid, illegal or unenforceable in any respect, this Agreement shall remain in effect and be construed without regard to such term, phrase, obligation or provision. This Agreement constitutes the entire understanding between the parties with respect to the subject matter of this Agreement, replacing, superseding and amending any prior agreements between the parties, and shall be binding upon all parties hereto, their successors, heirs, representatives and assigns. Any provision, term or condition in any acknowledgement, purchase order or other response by Customer which is in addition to or different from the provisions of this Agreement shall be deemed objected to by Company and shall be of no effect. Customer represents, warrants, and covenants that it is and, during the term of this Agreement will remain, in compliance with and will perform its obligations pursuant to all Applicable Laws. It is the understanding and agreement of the parties that Company is an independent contractor, and is neither an agent nor an authorized representative of Customer. Nothing in this Agreement is intended to or shall confer any legal or equitable right, benefit or remedy of any nature whatsoever to any other individual, partnership, firm, corporation, limited liability company, association, trust, unincorporated organization, governmental authority or other entity.
I have read and agree to Commonwealth Computer Recycling LLC’s dba CyberCrunch ELECTRONIC RECYCLING SERVICES AGREEMENT.
Last revision date: 5/24/2022