Terms and Conditions
(1) Refund. If the customer cannot comply with the BulbCycle Terms and Conditions the container can be returned within 10 days for a refund. The refund will be issued once all containers and packaging material are received undamaged. A refund will be issued minus shipping costs; a restocking fee may be applicable should containers be returned in a manner other than received.
(2) Container Expiration. Containers expire 13 months (390 days) from date of purchase. BulbCycle further referred to in this document as “Vendor” holds the right to charge additional fees for the shipment and processing of any expired containers. Vendor has no obligation to arrange shipment and recycling of waste containers that are expired. Vendor will not be responsible under these terms and conditions for expired containers that have been refused by a designated carrier or where said carrier fails to deliver containers prior to expiration.
(3) Packaging Requirements. Customer shall package approved materials adhering to the included instructions (“Packaging and Shipping Instructions”) with the BulbCycle Container.
(4) Customer Responsibility. Customer is responsible for the Container and its contents until acceptance of Container at a BulbCycle processor facility.
(5) Vendor Warranty. Vendor represents and warrants to Customer that Vendor is qualified to perform the services purchased and will do so in a safe and workmanlike manner and in compliance with any governmental law, rules and/or regulations.
(6) Vendor Indemnification. Vendor shall indemnify, hold harmless and defend Customer from and against all liabilities, claims, penalties, demands, fines, forfeitures, suits, causes of action, and the cost and expenses incident thereto (including cost of defense, settlement and reasonable attorney fees), which it may incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property, violation of governmental laws, regulations or orders hereunder caused Vendor’s breach of these Terms and Conditions. Customer will be held responsible for any and all liabilities, claims, penalties, demands, fines, forfeitures, suits, causes of action, and the cost and expenses incident thereto (including cost of defense, settlement and reasonable attorney fees), which it may incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property, violation of governmental laws, regulations or orders caused by customer’s breach of these Terms and Conditions or any other negligible or willful act or omission of customer or its employees as it relates to the shipping, storage and all usage of the Container.
(7) Limitation of Liability. In no event shall Vendor be liable for any consequential, incidental, indirect, special or exemplary damages, losses or expenses, arising directly or indirectly from its performance under this agreement. Vendor shall not be liable to Customer for any amount exceeding the purchase price of this Container.
(8) Non-Conforming Materials. The Container shall only be used for materials as listed on the container and in the included instructions. Vendor shall have the right to reject container, contents of container or revoke acceptance, at customer expense, of any waste that does not materially conform to these conditions. Vendor may elect to process contents of Container and Customer shall pay all additional costs incurred and related to processing and managing the non-conforming material.
(9) Additional Shipping Charges. Containers shipped after expiration date will be subject to additional charges. Customer will also be responsible for additional shipping charges related to improperly packaged and containers exceeding listed capacities. If the designated carrier on the pre-paid shipping label will not transport the Container, Vendor will work with alternative carriers to transport the Container. Additional fees beyond the amounts prepaid may warrant additional charges.
(10) Force Majeure. Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God, strikes, action of regulatory agencies, fire, flood, windstorm, explosion, riot, war, sabotage, court injunction or order, loss of permits, and cause or causes beyond reasonable control of the party affected, provided that a prompt notice of such delay is given by such party to the other and each of the parties hereto shall be diligent in attempting to remove such cause or causes. If, however, either party is unable to remove such cause or causes at a reasonable cost then the obligation of the party to perform hereunder is terminated.
(11) Payment Terms. The Customer shall pay Vendor for its services at the rates and upon the terms and conditions set forth herein. The customer shall reimburse Vendor for all state and local sales, use or excise taxes of any kind assessed on the services provided. Payment shall be made within thirty (30) days from the date of Vendor’s invoice. Any amount not paid when due shall accrue interest at the rate of one and one half percent (1½ %) per month (18% per annum) from the date of invoice until paid in full. The Customer shall pay all costs incurred to collect payment for services rendered, including attorney fees and costs. Vendor reserves the right to require full payment in advance of its providing services to the Customer.
(12) Governing Law, Saving Clause. It is the intent of the parties that the laws of the State of Wisconsin will govern the validity, interpretation and construction of these Terms and Conditions. If any provision of these Terms and Conditions are held to be invalid or illegal, such invalidity or illegality will not affect any other provision of these Terms and Conditions. These Terms and Conditions will be construed as if such invalid or illegal provision had never been contained herein.
(13) Entire Agreement. No other terms or conditions other than those stated herein, and no agreement or understanding oral or written, in any way purporting to modify these terms and conditions whether contained in the Customer’s purchase order or agreement, shall be binding on Vendor unless hereafter made in writing and signed by an authorized representative of Vendor. All proposals, negotiations, and representations, if any, made prior to, and referenced hereto, are merged herein.