Okaloosa County BOCC — November 4, 2014 — C03-0898-TDC — reading text

the public, and (c) shall not materially impair the strength or the durability of the Company's structures or equipment. Company reserves the right at its sole discretion upon notice to Customer to discontinue acceptance of any category of Recyclable Materials set forth above as a result of market conditions related to such Recyclable Materials and makes no rep: ions as to the ability of the materials set forth above. Loads not meeting the Specifications for Recyclable Materials may be rejected in whole or in part by Company. Page 3 of 4 IN ADDITION TO THE ABOVE, THE FOLLOWING TERMS AND CONDITIONS APPLY TO 1. Aerosol, Ballast, Battery, Dental Material, Electronics, Fluorescent Lamps, Medical Waste, and Mercury Recycling/Disposal Services, and Mail-Back Ink Cartridge, Toner, Bottle, Cans, and Paper Recycling Services SPECIALTY SERVICES. Capitalized terms used herein shall have the meaning ascribed above, unless otherwise indicated, “Specialty Services", as used herein, include the following Company products/services: aerosol, ballast, battery, dental material, electronics, fluorescent lamps, medical waste, and mercury recycling and/or disposal Services, and mail back recycling Services and the container applicable to each of the Specialty Services (the "Container"). Subject to these Terms, and the limitations herein, Company will (a) treat, Process, recycle and/or dispose of the Customer's Acceptable Waste in accordance with federal, state and local laws and regulations; and (b) prepare and process legally required paperwork. The Container may only be used for those materials as indicated on the Container (the “Acceptable Waste"). For any questions regarding or complying with these Terms, or a detailed list of Acceptable Waste eligible for shipping in each Container, please visit www.wm.com or call 1-800-664-1434. 2. RETURNS. If Customer does not accept these Terms, Customer may not use the Container or the Services. However, Customer may return a Container within ten (10) days (the "Return Period") from the day Customer received the Container by doing one of the following during the’Return Period: (a) return the Container to the place of purchase; or (b) contact Company at the phone number noted above and complete all return instructions. 3, LIMIT ON AVAILABILITY. Specialty Services are only available as shown and certain of the Specialty Services are not available for use in certain States as follows (‘'Prohibited States"): This Recycling/Disposal Service: ~~ / is prohibited for use in Puerto Rico, and in the States of Alaska and Hawaii, and such Service is further prohibited or restricted | for use in the following additional States (collectively, Prohibited States"): H ‘Aerosol Containers Arkansas, Cc i Maine, M: h MI ita, New H: hire, New York, P sylvania, Rhode Island, Vermont | ‘and Virginia : Ballasts | Maine | Batteries __ “|Maine . if ‘Dental Material “Arkansas, Connecticut, Maine, Mi New Mexico, New Hampshire, Rhode Island, Virginia and Vermont rt Electronics ~ | Maine | Bottle, CansandPaper Ss SSSS*S*S*SNme = _ __| ‘Lamps | Maine | Medical Waste : a [| None - J Mercury ~ | Maine _— _ — ee | Cartridges and Toner _ __|None _ _ : _| It is a violation of law to ship the Container to, from or through any of the Prohibited States, Company reserves the right to modify the list of Prohibited States at any time. 4, TITLE TO, AND RISK OF LOSS FOR, CONTAINER AND CONTENTS. Unless and until Company receives and accepts the Container: (a) title to and risk of loss of the Container and its contents shall remain with Customer; and (b) C is solely responsible for the of the C i 5. EXPIRATION OF CONTAINER; UNUSED CONTAINERS. Each Container must be received by Company by the expiration date printed on the Container ("Expiration Date") if an Expiration Date is indicated. Company has no obligation after the Expiration Date even where the carrier identified on a Prepaid Label fails or refuses to ship the Container. Company shall not be obligated to provide Customer a refund for expired, unused Containers. 6. PACKAGING. Customer shall pack and seal the Container in accordance with the instructions included with the Container and any additional instructions that Company may send to the Customer or post on the Company Web Site prior to shi of the Container by Cx (the “E ions”). Customer shall pack in the Container only Acceptable Waste, and shall exclude any and all Non-Conforming Waste, as defined below. 7. SHIPPING. Customer shall comply with all Instructions related to shipping. Customer will.have received a prepaid return shipping label (the "Prepaid Label”) with the Container. The Container may not be shipped from any Prohibited State. Both the Instructions and Prepaid Label(s) may be obtained at www.wm.com or by calling 1-800-664-1434. Company shall not have any responsibility or liability with Tespect to any matter related to either a carrier collecting or shipping the Contai 8. ADDITIONAL SHIPPING CHARGES. (a) Customer shal] remain responsible for all Charges of shipping the Container to Company, including, without limitation, i imposed by the shipper after Customer has purchased a Prepaid Label. If the shipper identified on the Prepaid Label will not ship the Container, Company's sole obligation will be to refund to Customer the actual shipping charge received by Company. This obligation is conditioned upon receipt of written request for such refund prior to six (6) months from the date Customer purchased or received the Container. (b) Customer remains responsible for all Charges relating to exceeding the weight limits applicable to the Container. If Customer selects a monthly Charge, additional Charges will be applied should weights or frequency of hip exceed the limitations of Ci 's d monthly service. (c) Customer agrees to allow Company to charge Customer's credit card for additional shipping Charges as indicated above, whether or not Customer selects monthly Services or a one-time purchase of a Container. 9. ACCEPTABLE WASTE/NON-CONFORMING WASTE/ADDITIONAL CHARGES. Customers must check www.wm.com for updates to this list prior to initiating a shipment of a Container in order to ensure that only Acceptable Waste is shipped in the Container. Materials other than the Acceptable Waste indicated as eligible for shipping in each Container, and material having constituents, characteristics, components or properties not included within the list(s) of Acceptable Waste for each Container shall be "Non-Conforming Waste.” (a) Special Terms Applicable to Medical Waste Services: Only Regulated Medical Waste (as defined herein) qualifies as Acceptable Waste for the purposes of Med Waste Tracker Services. "Regulated Medical Waste" includes but is not limited to sharps, gauze, bandages, containers, tubing, blood, blood products, race chemotherapy waste, tissue, specimens generated in the course of di is and medical or medical waste as defined by Customer's State medical waste lations or the OSHA Bloodborne Pathogen dard (29 CFR 1910.1030). Customer shall, prior to shipping, provide to Company and plete de shipping papers or manifests as required for the lawful transfer of the Regulated Medical Waste under all applicable federal, state or local laws. "Non-Conforming Waste" for the purposes of Med Waste Tracker Services means: (1) any waste or other material not falling within the definition of Regulated Medical Waste including complete human remains and abortion products; (2) radioactive waste; (3) any chemical waste and any h dous waste; (4) i that are damaged, leaking or could cause harm or exposure to employees, the general public or others; (5) waste that has been incorrectly identified, labeled and/or segregated; (6) any waste or device ining mercury includi M vacuurn pumps and other medical devices; and. (7) pharmaceutical waste (except what is accepted under a Company pharmaceutical disposal program). (b) Special Terms Applicable to Aerosol Container Services: Only certain aerosol cans qualify as Acceptable Waste, and Aerosot Container Services are only Hable for use by a h hold or a Conditionally Exempt Small Quantity Generator as certified to Company's r bi isfaction (""CESQG"). "Non-Conforming Waste" for the purposes of AerosolTracker Services includes, but is not limited to, those examples of AerosolTracker Services Non-Conforming Waste contained on Exhibit A below. (c) Special Terms Applicable to Dental Material Services: Dental Material Services are only available for use by a CESQG, all Acceptable Waste must be disinfected, and no more than net 1 Ib of elemental mercury may be placed in the Container. (d) Special Terms Applicable to Mercury Services: Unless specifically approved by Company,No more than net 11b of elemental mercury may be placed in the Container. (e) Terms/Charges Applicable to Non-Conforming Waste: If Company determines that any Container contains Non-Conforming Waste, Company may, at its sole discretion, and at Customer's sole cost and expense: (i) reject the Container and return it to Customer; (ii) return the Non-Conforming Waste to Customer, or (iii) treat, process and or dispose of the of the Ci i cr shall be liable for any and all costs iated with Non-Conforming Waste. Company (or any of company) shall not take title to Non-Conforming Waste, and title to Non-Conforming Waste shall always remain with Customer. 10. CHARGES FOR FAILURE TO COMPLY WITH TERMS AND INSTRUCTIONS; CHANGED CONDITIONS; AND ADDITIONAL SERVICES. Company reserves the right to charge or bill Customer additional amounts for any of the following: (a) any Contai: ding its specified i weight; (b) shipping materials in the wrong Container, or mixing materials in a Container; (c) additional shipping Charges beyond the amounts prepaid for any Prepaid Label; (d) any costs or expenses incurred by Company as a result of Customer's failure to comply with these Terms or the Instructions, other than the usual and customary costs of Company in the performance of the Tracker Services; or (¢) any costs related to changes in applicable law occurring after the date of purchase of the Container. 1. WARRANTY, Company warrants, except where Tracker Services are used in Prohibited States, as follows: (a) the Container has passed, and meets or exceeds the applicable performance standards of federal, state and local regulations; and (b) if the Container is packed, sealed and shipped strictly in accordance with the Instructions, it is adeq to transport Acceptable Waste to the p ing facility from authorized points under ordinary | shipping conditi Other than as expressly warranted herein, the Specialty Services are provided "as is," and Company disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Customer warrants that it will not ship any Non-Conforming Waste in the Container and that Customer will otherwise comply with these Terms and all Instructions. EXHIBIT A - Examples of Aerosol Services Non-Conforming Wastes (1) Aerosols that are not in good condition (e.g., damaged, corroded, p d, leaking, or crushed); (2) Aerosols with labels that are missing, covered, illegible, or obscured; (3) Aerosols with a capacity of greater than 1 liter (1000 ml); (4) Products that are not true aerosols (i.e., non-refillable cylind ining a gas under p used solely to expel a liquid, paste, or powder from the cylinder through a self-closing release device). Examples of prohibited non-aerosols include: Pump sprays; Oxygen canisters; Signal horns; Non-p tized self-defense sprays; Liquefied p gas ("LPG") cylinders; Gas for powering toy pellet guns; Other cylinders containing gases only; (5) Aerosols that are specially regulated or not authorized for receipt, including: CFC. ining products (e.g., certain inhalers and refrigerants); Expanding foam prod: (e.g., i ion foam); PCB- ining prod (e.g., certain paints,