|TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern your use of the “Container” that you purchased in connection with a Program. If you have any questions regarding these Terms, consult the EcoLights.com Web Site or call EcoLights at (888) 214-2327.
The following definitions shall apply to these Terms: “EcoLights” means EcoLights Northwest LLC; “Program” means, as applicable, one of the prepaid container recycling programs available at www.EcoLights.com or otherwise through EcoLights; “You” or “Customer” means the user of the Container; “Web Site” means www.EcoLights.com; “Recycler” means the entity that will process the Recycled Materials; “Recycled Materials” means mercury containing lamps, dry cell batteries, non-pcb lighting ballasts, mercury-containing electrical equipment and devices (provided that (i) there is less than 1lb of physical elemental mercury in the Container and either (ii) the container is being shipped from a State that classifies the devices as Universal Waste or (iii) the Customer is a Conditionally Exempt Small Quantity Generator; and electronic products, parts and materials (excluding smoke detectors, items that contain liquids or sludge, thermostats or other items containing liquid mercury, or devices contaminated with or containing biohazard material).
USE OF THE CONTAINER CONSTITUTES ACCEPTANCE OF THESE TERMS.
1. RETURNS. Refunds are not available for orders that have already been shipped.
Partial refunds are available to customers who return the prepaid return shipping label(s) unused and in good condition. The amount of the partial refund is based on each individual order and will be determined once the unused labels have been returned and received by EcoLights.
Our goal is to provide an environmentally sound, convenient and cost-effective recycling service to our customers. If you have questions or are unsatisfied for any reason, please call us at (888) 214-2327, from 8:30 A.M. to 4:30 P.M. Pacific Standard Time.
2. LIMIT ON PROGRAM AVAILABILITY. The 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 Container EcoLights will process, recycle and/or dispose of the Recycled Materials in accordance with federal, state and local laws and regulations and prepare and process legally required paperwork.
4. TITLE TO CONTAINER. Until EcoLights receives and accepts the Container: (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.
5. EXPIRATION OF CONTAINER; UNUSED CONTAINERS. Each Container must be received by EcoLights by the expiration date printed on the Container (“Expiration Date”). EcoLights has no obligation after the Expiration Date even where the carrier identified on a Prepaid Label fails or refuses to ship the Container. EcoLights will not be obligated to give a refund for unused Containers.
6. PACKAGING. Customer shall pack and seal the Container in accordance with the instructions included with the Container (the “Packing Instructions”).
7. SHIPPING. EcoLights recycling kits are usually shipped within one to two business days, and often on the same day they are ordered.
If unforeseen circumstances cause your order to be delayed for more than five business days, we will contact you to let you know, and work with you to provide recycling alternatives should they be necessary.
If you have questions about the shipping of your order, please call us at (888) 214-2327, Monday through Friday, from 8:30 A.M. to 4:30 P.M. Pacific Standard Time.
Customer shall comply with all shipping instructions. Shipping instructions are included with each Container. They may also be obtained on the EcoLights Web Site. If you have purchased prepaid shipping with your Container, you will either have received a prepaid return shipping label (the “Prepaid Label”) with your Container or you may obtain one via the Web Site.
8. ADDITIONAL SHIPPING CHARGES. You remain responsible for all charges of shipping the Container to EcoLights, including, without limitation, increases imposed by the shipper after you purchase a Prepaid Label. If the shipper identified on the Prepaid Label will not ship the Container, EcoLight’s sole obligation will be to refund the actual shipping charge received by EcoLights. This obligation is conditioned upon receipt of written request for such refund prior to the Expiration Date.
9. NON-CONFORMING WASTE. The Container may only be used for recycling mercury-containing lamps, non-pcb lighting ballasts and dry cell batteries (the “Recycled Materials”). 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 EcoLights determines that any Container contains Non Conforming Waste, EcoLights 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 with processing the Non-Conforming Waste.
10. CHARGES FOR FAILURE TO COMPLY WITH TERMS AND INSTRUCTIONS; NON CONFORMING WASTE; CHANGED CONDITIONS; AND ADDITIONAL SERVICES. EcoLights reserves the right to bill additional amounts for any of the following: (a) any Container exceeding its specified maximum weight; (b) costs associated with handling any Non Conforming Waste; (c) shipping materials in the wrong Container or mixing materials in a Container; (d) additional shipping charges beyond the amounts prepaid for any Prepaid Label; (e) any costs or expenses incurred by EcoLights other than the usual and ordinary costs of EcoLights in the performance of the Recycling Services; or (f) any costs related to changes in applicable law occurring after the date of purchase of the Container.
11. PAYMENT TERMS. Payments are due at time of order or within 30 days of the invoice date for customers that have applied for a credit account and been approved in writing by EcoLights. 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.
12. WARRANTY. EcoLights warrants that if the Container is packed, sealed and shipped strictly in accordance with the Packing Instructions, it is adequate to transport Recycled Materials to EcoLight’s facility from points within the continental United States under ordinary commercial shipping conditions; EcoLights warrants that it will handle, manage, treat, process and dispose of the Recycled Materials in a safe manner. Other than as expressly warranted herein, the Container is provided “as is,” and EcoLights disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
13. INDEMNITY. Customer will indemnify, defend (with counsel of EcoLights choosing) and hold harmless, EcoLights 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 Container (prior to acceptance by EcoLights), 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.
14. LIMITATION ON LIABILITY. Other than the obligations of EcoLights set forth in these Terms: (a) neither EcoLights 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 EcoLights be liable or responsible for any matter beyond EcoLight’s reasonable commercial control; and (c) in no event shall EcoLights be liable to Customer for any amount in excess of the amount received by EcoLights for the purchase of this Container.
15. GOVERNING LAW AND VENUE. These Terms will be interpreted in accordance with the laws of the State of Washington, without regard to its choice of law provisions, as though all acts and omissions occurred in the State of Washington. All disputes arising under this Agreement will be brought in a state or federal court in Seattle, Washington, 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 EcoLights.
16. FORCE MAJEURE. EcoLights 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 EcoLights shall be excused from performance during the occurrence of such events.
17. ENTIRE AGREEMENT; CONSTRUCTION. These Terms constitute your entire agreement with EcoLights with respect to the purchase and use of any Container or service, 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 or in the Containers, in 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 EcoLights. No representation or statement made by any employee, agent, or representative of EcoLights shall be binding on EcoLights to the extent such representation or statement differs from these Terms.
Starting January 1, 2013, it will be illegal for businesses and residents to throw mercury-containing lights in the trash. EcoLights has the information on the law and what it means for you.
All fluorescent tubes and compact fluorescent lights (CFLs) contain small amounts of mercury. Nationwide, only about 25% of the 680 million lights discarded each year are recycled. The remainder is disposed of in solid waste landfills and incinerators. In Washington this represents over 15 million lamps per year.