eWaste Recycling Terms and Conditions

These terms and conditions (“Terms”) apply to eWaste Recycling services (“Services”) provided by Pro-Tek Recycling, Incorporated, 2550 9th Avenue, Watervliet, New York 12189 (“ProTek”).  ProTek agrees to provide the Services pursuant to these Terms.  By providing eWaste (as defined below) to ProTek, Customer acknowledges and agrees that these Terms apply to the Services.

1. Scope of Services. The Services include the processing, dismantling, reusing, recycling, and/or disposing of electronic devices and media (“eWaste”).  ProTek’s fees for the Services include the right to take title to and sell Recycled Materials, as described in Sections 3 and 4 below.
2. Hazardous Materials.
   1. Right to Refuse eWaste. ProTek may, in its sole discretion, refuse to accept eWaste consisting of and/or containing any hazardous or difficult to recycle materials, including but not limited to: liquids, chemicals, oils, radioactive materials, batteries, fluorescent bulbs, and/or dry power substances (collectively, “Unapproved Waste”).
   2. Fees for Handling Unapproved Waste. To the extent any eWaste provided to ProTek includes Unapproved Waste, ProTek may, in its sole discretion, choose to dispose of such Unapproved Waste and charge Customer for the reasonable costs of disposal and handling.
3. Recycled Materials. All eWaste accepted by ProTek shall be processed to the degree and extent deemed necessary by ProTek, in its sole discretion, to perform the Services, including but not limited to: reconditioning and/or refurbishing individual devices for reuse, breaking devices down into their component parts, and/or recovering materials from devices or component parts of devices (e.g., silicon, aluminum, copper, etc.). All output from the Services shall be considered “Recycled Materials” for purposes of these Terms.
4. Title to Items.
   1. Approved eWaste. Title to eWaste shall pass to ProTek after ProTek determines that such eWaste does not contain Unapproved Waste.
   2. Unapproved Waste. Title to and responsibility for any eWaste containing Unapproved Waste shall, at all times, remain with Customer, unless and until ProTek chooses to dispose of such eWaste pursuant to Section 2.2, above.
5. Sale or other Disposition of Recycled Materials. Unless otherwise expressly provided in a Work Order, ProTek shall have the right to sell or otherwise transfer all Recycled Materials to any person, in any market, in any form, and in any condition, to the extent allowed under applicable law.
6. Confidentiality. ProTek encourages Customers to remove confidential information prior to providing eWaste to ProTek. ProTek uses commercially reasonable methods to remove data from eWaste, but cannot guarantee that all data will be removed during the recycling process. If Customer wishes ensure that all confidential information is removed from eWaste, ProTek offers confidential Data Destruction Services pursuant to a separate Agreement.
7. Representations and Warranties of Customer.
   1. Customer has title to all eWaste provided to ProTek.
   2. Customer has all necessary rights to provide eWaste to ProTek.
   3. No eWaste or data contained on or in any eWaste includes confidential information or personal information protected under state or federal privacy or data breach laws, such as the New York Shield Act or the Health Insurance Portability and Accountability Act (“HIPAA”).
   4. No eWaste or data contained on or in any eWaste is subject to any obligation or requirement to preserve such data pursuant to any applicable agreement, regulation, law, or court order.
   5. No eWaste provided to ProTek contains any hazardous or harmful materials.
8. Disclaimer: ALL EWASTE RECYCLING SERVICES ARE PROVIDED “AS IS”. PROTEK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, UNDER APPLICABLE LAW.
9. Limitation of Liability.
   1. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, PROTEK SHALL NOT BE LIABLE TO CUSTOMER FOR DAMAGES OF ANY TYPE IN PERFORMING SERVICES, EVEN IF PROTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Governing Law. These terms shall be governed by and construed in accordance with New York State law, without reference to its conflict of law principles.