CP01-F-3 Terms and Conditions
Terms of Service
1. Techway Services, Inc. (TWS) Responsibility
a. TWS will assist the Customer in managing end of life electronics by following ‘Reuse, Recycle, Dispose’ hierarchy. All materials will be treated in environmentally safe manner paying special attention to environmental health and safety of all personnel and community. Refer to the attached PUR01 Focus Materials Management Plan for details on the manner in which hazardous materials are handled.
b. TWS shall assume free and clear ownership of EOL equipment upon loading and this includes full and complete responsibility and liability for, any and all claims, costs, damages, liabilities, and obligations with respect to such materials from and after such time.
c. TWS shall be solely responsible for processing and/or disposing of the materials in compliance with all applicable waste disposal and recycling laws, rules, ordinances, and regulations, and shall indemnify Customer for any claims, damages, fines, liabilities, or costs arising from TWS’s breach of this obligation.
d. TWS will provide the customer with an itemized report stating the method in which the material is treated. If Customer requests special processes they will be defined in ‘Customer’s Requirement’s’ Section below.
e. TWS will not donate or re-sale equipment for re-use which are contrary to this agreement.
f. Data Eradication
TWS will perform data eradication and or destruction in accordance with Customer confirm with customer if data eradication/destruction is described above. If no requirements stated, TWS will perform no more than one pass wipe.
g. Acceptable Materials
TWS accepts all types of electronics items with the following exceptions:
· CRT containing materials such as computer monitors and televisions;
· polychlorinated biphenyl (PCB) containing items; and,
· oils, chemicals, radioactive waste.
If Customer transfers un-acceptable materials, TWS shall:
· charge the Customer $0.60 per pound for each CRT containing materials device received;
· notify Customer to arrange transportation and pick up any polychlorinated biphenyl (PCB) containing items, oils, chemicals and/or radioactive waste.
• Techway will apply logistics and associated handling costs as “Service Fees” prior to the remarketing and recycling of any Material.
• These may include Pack and Ship Services (transportation from the customer’s site to the Techway processing center)
• Techway will send client a quote for secure Pack and Ship Services prior to providing any such secure transportation services.
• Techway shall send an appropriate size truck to Customer’s location for loading of stated materials.
• Customer shall ensure materials are loaded within 2 hours upon arrival of the truck. Additional time will be paid by the Customer.
2. Customer Responsibility
a. Customer shall provide TWS with a list of materials included in this consignment. List will include information like material description, # pallets, # of pieces, dimensions, weight (in lbs or kgs).
b. Customer will not transfer materials noted as exclusions in Section 2 under TWS Terms and Conditions section below. If material definition is unclear, Customer shall confirm acceptability with TWS prior to any transfer of ‘un-identified’ items.
c. Customer shall provide and bear the cost of sufficient and appropriate labor, packing materials and tools to disassemble, sort, pack, and load the materials into the truck that will be provided by TWS.
d. Customer is responsible for providing TWS with photos of the loaded truck and along with the photo of the sealed container as applicable.
e. For purposes of clarity, Customer makes no warranty of any kind to TWS as to the materials. TWS ACKNOWLEDGES THAT CUSTOMER IS NOT PROVIDING, AND TWS IS NOT RELYING ON, ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN REGARD TO THE MATERIALS.
Terms of Purchase
1. Techway Services, Inc. (TWS) Purchase Orders
Only TWS employees authorized to issue, amend or cancel a TWS Purchase Order or request for service are its: (1) purchase agents, and/or (2) CEO/President. Accordingly it is seller’s express responsibility to assure that this purchase order is issued by one of the aforementioned authorized TWS employees. Issuance by an unauthorized TWS employee may result in TWS not honoring. Without any subsequent seller recourse any seller invoice issued pursuant to this Purchase Order.
Commencement of performance pursuant to this purchase order constitutes acceptance hereof by seller. If delivery/service dates cannot be met, seller must inform TWS in writing not later than ten  business days from the date hereof seller’s best possible delivery for acceptance.
- Time of Delivery of Product or Service
TWS service and production of schedules and customer satisfaction are based upon delivery/service to TWS at specified location on Purchase Order or Agreement, by the date specified on the face of the purchase order. Time is therefore of the essence of this purchase order. If deliveries/services are not made at the time agreed upon, TWS reserves the right to cancel or to purchase elsewhere and hold seller accountable therefor. Acceptance of late deliveries shall not be deemed a waiver of TWS loss or damage resulting therefrom, nor shall it act as a modification of seller’s obligation to make further deliveries in accordance with the delivery schedule.
- Price & Payments
The price of the products/materials/services is that specified on the front of the purchase order or agreement. Payment will be according to the terms specified on the front of the purchase orders or agreements.
Except as may be otherwise provided in the purchase order, the contract price includes all applicable Federal, State and Local taxes in effect on the date of this purchase order. In case of new taxes or increased rates on the repeal of taxes or the reduction of rates, the contract price shall be adjusted accordingly. Upon production of an exemption resale certificate in the appropriate form for the jurisdiction of TWS place of business and any jurisdiction to which the products and materials are to be shipped hereunder. TWS shall not be responsible for payment of any sales taxes.
- Packaging/Service Delivery & Marking:
Seller shall be responsible for safe and adequate packing of the items and/or of training personnel providing services. Seller shall separately number all cases and packages, showing the corresponding number on invoices. An itemized packing slip bearing the purchase order number shall be placed in each container. No extra charge shall be made for packing material unless authority therefore is set forth in the order. Seller is responsible to provide records demonstrating competence of personnel delivering the service, unless otherwise agreed upon.
- Evidence of Shipment
Seller shall forward to TWS with the invoice, the express receipt or bill of lading, packing lists and/or manifests, signed by the carrier, evidencing the fact that shipment has been made.
- Compliance with Federal, State, and Local Laws
Seller shall comply with all applicable Federal, State and Local laws and ordinances, and all lawful orders, rules and regulations thereunder, including, but not limited to, the applicable provisions of the fair labor standards act of 1938 as amended (29 USC201-219). The occupational safety and health act (OSHA). The worker’s compensation act, and all regulations and standards and any amendments issued pursuant thereto seller warrants that the items delivered shall comply with the foregoing, and agrees to indemnify TWS and TWS’s customers for any loss or damage sustained because of seller’s noncompliance.
- Modification of Order
Purchase orders contains all the agreements and conditions of sale, and no course of dealing or usage of the trade shall be applicable unless expressly incorporated in the order. The terms and conditions contained in the order may not be added to, modified, TWS superseded, or otherwise altered except by a written modification signed by an authorized representative of and delivered by TWS to seller. Each delivery/service shall be deemed to be only upon the terms and conditions contained in the order, notwithstanding any terms and conditions that may be contained in any acknowledgment, invoice, or other form of seller, and notwithstanding TWS act of accepting or paying for any delivery or similar act of TWS.
- Binding Effect
The purchase orders and agreements the acceptance thereof shall be a contract made in the state of Texas and governed by the laws thereof.