Terms and Conditions
Terms and Conditions
TonerRecycle.net and its affiliates (“Recycler”) makes available information, materials, and products on this web-site ("Web-Site"), subject to the following terms and conditions. By accessing this Web-Site, you agree to the terms and conditions (“Terms”) as outlined in this legal notice. Recycler provides you, through its Web-Site and Dealer network, with access to a variety of resources, information and recycling services (collectively "Services"). These Services, including any updates, enhancements, or new features are subject to these Terms. Further, these Terms govern your use of the Shipping Label (the “Label”) in connection with the Recycler recycling program (“Program”); and (b) the relationship between Recycler and the user of the Label (“You” or “Customer”).
By using these Services, you agree to be bound by the Terms in this document. Recycler reserves the right to change these terms and conditions from time to time at its sole discretion, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Services shall be deemed your conclusive acceptance of the modified Agreement. The use of the printed shipping label represents further acceptance of these Terms.
1. RETURNS. If you do not accept these Terms, you are not authorized to use the Label in any capacity and could be subject to significant civil and/or criminal penalties.
2. LIMIT ON PROGRAM AVAILABILITY. These Programs are not available to Customers located outside of the continental United States.
3. RECYCLING SERVICES. Subject to these Terms, upon receipt and acceptance of a valid shipment of Recycled Materials, Recycler will: (a) process, recycle and/or dispose of the recycled materials in accordance with federal, state and local laws and regulations; and (b) prepare and process legally required paperwork.
4. DEALER PROGRAM. This Web-Site was established as your toner cartridge vendor (“Dealer”) has made arrangements to secure a recycling program for his customers. Recycler reserves the right, at any time and in its sole discretion, to disable the use of Customer’s account if Dealer does not continue to participate in Recycler’s Services at no penalty or cost to Recycler. If you recycle outside of our Dealer program, you may be allowed to establish your own recycling program by emailing Recycler at CustomerService@TonerRecycle.Net.
5. REGISTRATION. If you chose to register on this Web-Site, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Recycler immediately of any unauthorized use of your account or any other breach of security. Recycler will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Recycler or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Recycler reserves the right, at any time and in its sole discretion, to disable the use of Customer’s account if Customer does not follow the Terms of this Agreement or is unable to confirm the information provided during the registration process.
6. PACKAGING. Customer shall pack and seal the container in accordance with the instructions included on the web site – TonerRecycle.net (the “Packing and Shipping”). Customer agrees to use best efforts to only send Laser Toner cartridges. Further, Customer agrees to use best efforts to adequately protect cartridges from damage and package several cartridges in each package.
7. TITLE TO CONTAINER. Until TonerRecycle.net receives and accepts the shipment: (a) title to and risk of loss of the container and its contents will remain with Customer; and (b) Customer is solely responsible for the contents of the Container.
8. SHIPPING. Customer shall comply with all shipping instructions as listed on TonerRecycle.net.
9. NON-CONFORMING WASTE; CHARGES FOR FAILURE TO COMPLY. The Container may only be used for recycling materials indicated on the Web-Site (the “Recycled Materials”). A detailed list of the Recycled Materials may be obtained from the Web-Site. Material will be considered nonconforming if it has constituents, characteristics, components or properties not included within the definition of Recycled Materials. All such materials will be referred to as “Non Conforming Waste.” If Recycler determines that any container contains Non Conforming Waste, Recycler may, at its sole discretion, and at Customer’s sole cost and expense: (a) reject the container and return it to Customer; (b) return the Non Conforming Waste to Customer; or (c) process the contents of the container and Customer shall pay for any and all costs associated, including shipping and handling, with processing the Non-Conforming Waste. Recycler reserves the right to bill additional amounts for any of the following: (a) any Container exceeding its any specified maximum weight; (b) costs associated with handling any Non Conforming Waste; or (e) any costs or expenses incurred by Recycler other than the usual and ordinary costs of Recycler in the performance of the Recycling Services.
10. PAYMENT TERMS. Payments for charges are due within thirty (30) days of the invoice date. Company 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. Prices are subject to change at any time upon notice.
11. WARRANTY. Recycler warrants that it 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.
12. INDEMNITY. Customer will indemnify, defend (with counsel of Recycler’s choosing) and hold harmless, Recycler and its 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 Recycling Materials, any contents packaged in the container, 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 container. This Section will survive any termination of the parties’ relationship.
13. LIMITATION ON LIABILITY. Other than the obligations of Recycler set forth in these Terms: (a) neither Recycler nor its suppliers, officers, agents, affiliates, shippers, contractors and employees shall be responsible or liable with respect to the container, or any use thereof, under any theory of contract, negligence, strict liability or other theory; (b) in no event shall Recycler be liable or responsible for any matter beyond Recycler’s reasonable commercial control; and (c) in no event shall Recycler be liable to Customer for any amount in excess of the market value of the Recycled Materials in the container.
14. GOVERNING LAW AND VENUE. These Terms will be interpreted in accordance with the laws of the State of Delaware, without regard to its choice of law provisions, as though all acts and omissions occurred in the State of Delaware. All disputes arising under this Agreement will be brought in a state or federal court, 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, (c) irrevocably submits to the exclusive jurisdiction of any such court, (d) waives any claim or defense of inconvenient forum; and (e) waives any right to trial by jury of any claim or cause of action by or against Recycler.
15. FORCE MAJEURE. Recycler 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 Recycler shall be excused from performance during the occurrence of such events.
16. ENTIRE AGREEMENT; CONSTRUCTION. These Terms constitute your entire agreement with Recycler with respect to the purchase and use of any container, superseding all prior communications, agreements or correspondence between the parties or their representatives for these Recycling Services; provided, however, obligations which apply to users of containers set forth 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 Recycler. No representation or statement made by any employee, agent, or representative of Recycler shall be binding on Recycler to the extent such representation or statement differs from these Terms.