PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE THE LAST TIME YOU VISTIED THIS WEBSITE. BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF ALL TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE. USERS SHOULD CHECK THESE TERMS AND CONDITIONS PERIODICALLY. BY USING THIS WEBSITE AFTER CHANGES HAVE BEEN MADE TO ANY OF THE TERMS AND CONDISTIONS YOU AGREE TO ACCEPT THOSE CHANGES, WHETHER OR NOT YOU HAVE ACTUALLY REVIEWED THEM. ENTERING THE SITE CONSITUTES YOUR ACCEPTACNE OF THESE TERMS AND CONDITIONS. WASTECARE CORPORATION RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS AT ANY TIME FOR ANY REASON.

Note: For Terms and Conditions of Specific Orders refer to the Order Specific Terms & Conditions provided by WasteCare Corporation. In the event of any order transaction in which the General Terms and Conditions conflict with the Order Specific Terms and Conditions, the Order Specific Terms and Conditions shall take precedent.

Terms and Conditions of Use

The following "Terms and Conditions" govern the use of the Web site located at URL www.wastecare.com (Site) and the products and services offered on the Site. By using the website (“Site”) of WasteCare Corporation (hereinafter “WasteCare”) you (hereinafter sometimes referred to as either “Customer” or “Purchaser”) understand and agree to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing our Site. The Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order, unless otherwise agreed to in writing by an authorized officer of WasteCare. WasteCare reserves the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site.

Trademarks, Copyrights and Restrictions

WasteCares Site and all materials on the Site including but not limited to the text, site design, graphics, logos, icons, images, audio, video clips as well as the selection, assembly and arrangement thereof (hereinafter “Materials”) is the sole property of WasteCare. or where applicable WasteCare content providers). The content and software on our Site is the property of WasteCare and/or its suppliers and is protected by U.S. and international copyright laws, trademark laws, international conventions and other intellectual property laws. For personal use only, you may view, download, print and retain a copy of pages of our Site. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at admin@wastecare.com. All rights not expressly granted herein are reserved. Any unauthorized use or modification of the materials (or portion thereof) on our Site constitutes an infringement of WasteCares copyrights and other proprietary rights. Nothing contained on this Site should be construed as granting, by implication or any other means, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: s) as expressly permitted by these terms and conditions; or b) with the prior written permission of WasteCare or such third party that may own the copyright or trademark of information displayed on this Site. We post legal notices and various credits on pages of our Site. If you duplicate, publish or otherwise distribute material on our Site, you may not remove this notice or these credits or any additional information accompanying the notices and credits. The following is a list of trademarks, trade name and service marks owned by WasteCarep WasteCare® Smart-Pack®

The absence of a trademark, trade name and service mark from the above list does not constitute a waiver of our intellectual property rights concerning that particular trademark, trade name or service mark. All custom graphics, icons, logos and service names are trade names, trademarks or service marks of WasteCare. All other trade names, trademarks or service marks are property of their respective owners. The use of any WasteCare trade name, trademark or service mark without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at admin@wastecare.com.

Accounts

You agree that you will not misuse or abuse account access and passwords. You agree that you will use only your password and that you will take all reasonable precautions to protect its secrecy.

Typographical Errors

In the event a product is listed with an incorrect price or with incorrect information, WasteCare shall have the right to refuse or cancel any such orders placed by the Customer. WasteCare shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications, written confirmation or other approvals before accepting any order.

Sales Taxes

We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of Georgia. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

Specials Pricing and Discounts

WasteCare reserves the right to offer special pricing or discounts at any time and for any reason, regardless of prior sales history (and regardless of whether or not such prior sales were similar or exactly the same as the circumstances and quantities of a subsequent sale). WasteCare shall not in any way be bound by any obligations or restrictions of offering (or matching) the same pricing and terms to customers on the basis of prior sales (and associated pricing or terms thereto) regardless of the reason or circumstances that any such products (or any reasonably comparable substitute product(s)) were offered for sale by WasteCare).

Links

WasteCare is not responsible for the content of any sites that may be linked to or from WasteCares website. All links are provided for the convenience of customers and you will be accessing any such links at your own risk. All links to other websites outside of WasteCares website are totally independent from WasteCare and WasteCare has no control over the content or policies of such other websites. A link to any such other website does not imply that WasteCare endorses or accepts responsibility for the content or use of such other website. No reference to any third party by WasteCare or its website shall be construed as an endorsement or approval by WasteCare of that third party or of any product or service provided by any such third party. If you have a problem with a link from our Site, please notify us at admin@wastecare.com. We will investigate the link and take appropriate action.

Violation of the Terms and Conditions

By using our Site, you understand and agree that WasteCare (at our sole discretion and without prior notice) may terminate your access to our Site and to any Live Chat services offered on our Site, and may remove any User Content you have provided if we believe that the User Content violates or is inconsistent with these Terms and Conditions or their intent, or your conduct is disruptive, or you have violated the law or the rights of WasteCare or another user.

Compliance With Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or WasteCares privacy policy ("Privacy Policy"), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

Export

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Privacy

We respect and make efforts to protect the privacy of all users of our Site. Our current Privacy Policy is incorporated herein by reference and made a part of the Terms and Conditions. Our Privacy Policy is posted on our website.

Feedback

We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of WasteCare. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.

Restrictions

You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through this Site. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.

Shipping and Delivery

Unless otherwise specifically stated in writing in this Agreement, all Product(s) hereunder will be shipped FOB Factory and WasteCare cannot guarantee the time or date of shipments. WasteCare, in conjunction with any shipper of products, will attempt to ship orders in a timely manner, however many factors are outside of the control of WasteCare. Most shippers do not offer advance notice prior to delivery, and therefore it is the customers responsibility and obligation to make all necessary preparations for the delivery, and to provide WasteCare with all necessary (and correct) shipping information prior to the order acceptance. WasteCare may make partial shipments unless there is a written agreement between the parties that specifically states otherwise. Estimated ship time for Standard Products is usually within six weeks from the date the order is accepted by WasteCare. Custom and Special orders may result in longer ship times. All Product(s) shall be deemed delivered in a timely manner if shipped within 30 days of the estimated ship time given by WasteCare (hereinafter “Grace Period”). Purchaser shall not be entitled to any rights of setoff or compensation for any damages, costs, expenses, losses or liabilities related to the untimely delivery of the Product(s) and Purchaser agrees that its sole remedy for untimely delivery shall be the right to terminate this Agreement, provided however that such termination occurs after the Grace Period has expired and before shipment of the product(s). Orders cannot be refused or returned once they have shipped, except when received damaged, and provided that the customer has: i) clearly noted such damage on the shipping documents (upon delivery); ii) obtained the freight drivers signature noting the damage; iii) retained a copy of the paperwork signed by the freight company driver and; iv) provided to WasteCare, a copy of the shipping documents (clearly noting the damage) signed by the freight driver; and v) has recorded the claim with the freight company. In the event these conditions are met, WasteCare will assist the customer in resolving circumstances involving Products(s) that have been damaged while in the custody of freight carriers. However, in any such circumstances it shall be the responsibility of the Customer to file all paperwork claims and perform the necessary follow-up communications that are required by the carrier. WasteCare is not responsible for damage that occurs during shipment, nor for unsuccessful deliveries or failed delivery attempts. Upon shipment, all communications and subsequent scheduling and coordination of the delivery with the carrier or freight company shall be the customers responsibility. Shipment will be made through any carrier prepaid by the customer with proper written notification to WasteCare at the time of the order placement, or at least 3 business days prior to shipment. If no “preferred carrier” notification is given by the customer, WasteCare shall determine the carrier on behalf of the customer and such choice shall be treated as if customer made the selection. In order to reduce Customers risk of product damage during shipment, customers are advised to purchase freight insurance and any such amounts shall be added to the total amount of the order. Any freight or delivery charges quoted are assumed to be for a single “Dock to Dock” delivery attempt, and any additional charges resulting from more than one delivery attempt (including any temporary storage of the products) shall be the sole responsibility of the customer and shall be added to the charges as authorized adjustments. Unless otherwise agreed to in writing, customer is responsible for off-loading the products upon delivery. All estimated delivery charges are assumed to be as stipulated under “Pricing” and any additional services shall be added to the customers charges, regardless of whether or not checkout has already occurred (or at WasteCares discretion such charges shall be paid by the customer directly to the carrier).

Return Policy

Customers are urged to Purchase only those items they are sure of as WasteCare maintains an “All Sales are Final” Policy. Any return that WasteCare does (in its sole discretion) authorize shall be subject to a charge (or backcharges) to the Customer for: a) all Return Shipping & Handling charges and b) a restocking fee of up to 25% or Twenty-Five dollars, whichever is the greater amount (hereinafter referred to as “Authorized Return Charges”. Any customer desiring to be accepted for a Return must first obtain a written Return Authorization signed by WasteCares authorized representative which shall provide specific instructions for any such “Return process”, including the return shipping location and agreed upon carrier or freight company. In this event and upon the product being returned by the Customer in “As New” condition, in its original packaging along with a copy of the written Return Authorization document provided by WasteCare, then in that event the Return shall be considered accepted, less the Authorized Return Charges. Except for damaged products as set forth herein, if a product authorized for return is returned in any condition other than “As New” or is delivered incomplete then in addition to the amounts specified by the Authorized Return Charges, WasteCare shall also be entitled to increase the charges on any such order for the additional amounts that are required for restoring the product to “As New” condition. Any Claims of “product non-conformance” must be made by the customer in writing within 2 business days of the delivery and shall be provided in sufficient detail that a determination can easily be made by WasteCare that a “material non-conformance” has occurred. Non-conformance which is reasonable and consists of anything except “material non-conformance” shall not be considered as a basis for return. (Slight variations in specifications and/or features shall not be considered nonconformance). In the event there is “material non-conformance” in the product(s) delivered as determined by WasteCare, then in that event, WasteCare may elect to either: a) issue a store credit for the amount of the purchase (or any portion thereof that involves such corresponding claim of non-conformance), b) exchange the product (or any portion thereof) with a product that is materially or substantially the same as was ordered by the Customer; or c) repair or replace any defective or non-conforming part(s) causing the claim of non-conformance. Under any and all circumstances involving return shipments authorized by WasteCare, the following conditions shall apply at all times: i) The customer must have a written Return Authorization from WasteCare; and ii) The product must be returned in its original packaging, and; iii) The product must be “As New” when received by WasteCare (or WasteCares designee), except where damage has occurred as per the guidelines set forth above and; iv) The customer must have the product re-packaged (in its original packaging) and ready for pick-up (by the return carrier) within 2 days of the issuance of the written Return Authorization by WasteCare. Acceptance by Purchaser (as to conformance) of any item of Product(s) shall be deemed to have occurred on the delivery date (“Acceptance Date”) unless written notice (of non-conformance) is received by WasteCare within two (2) days thereof. Acceptance of any item of Product(s) by Purchaser will have the meaning and effect provided by the Uniform Commercial Code. No Return Authorizations will be given for parts, supplies, services performed, service contracts, software or extended warranties.

Credits and Charges for order cancellations authorized by WasteCare On any cancelled order (authorized by WasteCare) where processing has begun by WasteCare, then in that event, WasteCare reserves the right to charge (or retain as a chargeback) an additional amount equal to the greater of: i) 5% of the amount of the purchase; or ii) Twenty-Five dollars, or iii) the actual and accrued (not yet paid) costs incurred by WasteCare (Hereinafter “Cancellation Processing Fee”). Any and all credits issued by WasteCare for cancellations shall be issued in the form of a store credit (less Cancellation Processing Fees), valid for 12 months from the date of issuance by WasteCare to be utilized in WasteCares store. The store credit shall apply to all products listed in WasteCare store at the time the credits are redeemed by the Customer prior to the 12 month expiration.

Disclaimer and Limitation of Liability as to Products Sold

EXCEPT AS EXPRESSLY STATED HEREIN, WASTECARE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WASTECARE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT IN NO EVENT SHALL WASTECARE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.

Disclaimer and Limitation of Liability as to Our Site

THE INFORMATION ON THIS SITE IS FOR GENERAL GUIDANCE AND IS PROVIDED WITHOUT CONSIDERATION OF YOUR LEVEL OF KNOWLEDGE, YOUR OBJECTIVES, YOUR BACKGROUND, YOUR TITLE OR POSITION WITHIN A PARTICULAR ORGANIZATION, THE MARKET SEGMENT YOU WORK IN OR ANY OTHER CIRCUMSTANCES. AS A RESULT, THIS SITE SHOULD NOT BE RELIED UPON BY YOU AS A SUBSTITUTE FOR PROFESSIONAL CONSULTATION. THIS SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE ACCURACY, CURRENTNESS AND THE RELIANCE OF ANY STATEMENT, OPINION OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRINUTED THROUGH THE SITE IS AT YOUR OWN RISK.

WHILE WASTECARE ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION IN OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE, SUCH AS LIVE CHAT, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON IT WILL PROVIDE ANY SPECIFIC RESULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE, ITS OPERATIONS, CONTENTS, INFORMATION OR MATERIALS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT WASTECARE CORPORATION ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED WEB SITE. IN NO EVENT SHALL WASTECARES TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, OTHERWISE, EXCEED ONE HUNDRED DOLLARS.

Applicable Law

You agree that any legal action brought against us shall be governed by the laws of the State of Georgia, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in Atlanta, Georgia. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Indemnity

By using our Site, you agree to indemnify and hold WasteCare, its subsidiaries, affiliates, directors, officers, employees, successors, agents, distributors and other third parties or associated alliances of WasteCare, harmless from any loss, liability, claim or demand, causes of action (including reasonable attorneys fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights) or for any content that is provided by you (or through your user ID and/or password), which shall also include providing a link to another site or uploading any content to our Site. You agree to cooperate fully as reasonably required in the defense by WasteCare of any claim. WasteCare reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Termination

WasteCare may, at any time, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding any Materials appearing on the site, and any representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are dissatisfied with the services provided by WasteCare, your sole remedy is to terminate this Agreement.

How to Contact Us

If you have any comments or questions, please do not hesitate to contact us at admin@wastecare.com or at 1-888-200-4100, or write us at the address below:

WasteCare Corporation, Cumberland Center, 3728 Stonewall Drive, Atlanta, GA 30339

Order-Specific Terms and Conditions

WASTECARE PURCHASE ORDER ACKNOWLEDGEMENT TERMS (Items 1 – 15) Each Order Acknowledgement constitutes Purchasers and WasteCare Corporations acceptance based upon the following (Order-Specific) terms and conditions:

1. PRODUCT(S). WasteCare will provide Purchaser with the “Product(s)” as described by each order and WasteCare may provide product labeling of its choice to any such order. Customer shall not remove or deface any such product labeling unless authorized in writing by an officer of WasteCare. Except with respect to specific remedies prescribed herein, all sales are final.

2. SHIPPING OF PRODUCT(S). Unless otherwise specifically stated in writing in this Agreement, all Product(s) hereunder will be shipped FOB Factory and WasteCare cannot guarantee the time or date of shipments. WasteCare, in conjunction with any shipper of products, will attempt to ship orders in a timely manner, however many factors are outside of the control of WasteCare. Most shippers do not offer advance notice prior to delivery, and therefore it is the customers responsibility and obligation to make all necessary preparations for the delivery, and to provide WasteCare with all necessary (and correct) shipping information prior to the order acceptance. WasteCare may make partial shipments unless there is a written agreement between the parties that specifically states otherwise. Estimated ship time for Standard Products is usually within six weeks from the date the order is accepted by WasteCare. Custom and Special orders may result in longer ship times. All Product(s) shall be deemed delivered in a timely manner if shipped within 30 days of the estimated ship time given by WasteCare (hereinafter “Grace Period”). Purchaser shall not be entitled to any rights of setoff or compensation for any damages, costs, expenses, losses or liabilities related to the untimely delivery of the Product(s) and Purchaser agrees that its sole remedy for untimely delivery shall be the right to terminate this Agreement, provided however that such termination occurs after the Grace Period has expired and before shipment of the product(s). Orders cannot be refused or returned once they have shipped, except when received damaged, and provided that the customer has: i) clearly noted such damage on the shipping documents (upon delivery); ii) obtained the freight drivers signature noting the damage; iii) retained a copy of the paperwork signed by the freight company driver and; iv) provided to WasteCare, a copy of the shipping documents (clearly noting the damage) signed by the freight driver; and v) has recorded the claim with the freight company. In the event these conditions are met, WasteCare will assist the customer in resolving circumstances involving Products(s) that have been damaged while in the custody of freight carriers. However, in any such circumstances it shall be the responsibility of the Customer to file all paperwork claims and perform the necessary follow-up communications that are required by the carrier. WasteCare is not responsible for damage that occurs during shipment, nor for unsuccessful deliveries or failed delivery attempts. Upon shipment, all communications and subsequent scheduling and coordination of the delivery with the carrier or freight company shall be the customers responsibility. Shipment will be made through any carrier prepaid by the customer with proper written notification to WasteCare at the time of the order placement, or at least 3 business days prior to shipment. If no “preferred carrier” notification is given by the customer, WasteCare shall determine the carrier on behalf of the customer and such choice shall be treated as if customer made the selection. In order to reduce Customers risk of product damage during shipment, customers are advised to purchase freight insurance and any such amounts shall be added to the total amount of the order. Any freight or delivery charges quoted are assumed to be for a single “Dock to Dock” delivery attempt, and any additional charges resulting from more than one delivery attempt (including any temporary storage of the products) shall be the sole responsibility of the customer and shall be added to the charges as authorized adjustments. Unless otherwise agreed to in writing, customer is responsible for off-loading the products upon delivery. All estimated delivery charges are assumed to be as stipulated under “Pricing” and any additional services shall be added to the customers charges, regardless of whether or not checkout has already occurred (or at WasteCares discretion such charges shall be paid by the customer directly to the carrier).

3. RETURN POLICY. Customers are urged to Purchase only those items they are sure of as WasteCare maintains an “All Sales are Final” Policy. Any return that WasteCare does (in its sole discretion) authorize shall be subject to a charge (or backcharges) to the Customer for: a) all Return Shipping & Handling charges and b) a restocking fee of up to 25% or Twenty-Five dollars, whichever is the greater amount (hereinafter referred to as “Authorized Return Charges”. Any customer desiring to be accepted for a Return must first obtain a written Return Authorization signed by WasteCares authorized representative which shall provide specific instructions for any such “Return process”, including the return shipping location and agreed upon carrier or freight company. In this event and upon the product being returned by the Customer in “As New” condition, in its original packaging along with a copy of the written Return Authorization document provided by WasteCare, then in that event the Return shall be considered accepted, less the Authorized Return Charges. Except for damaged products as set forth herein, if a product authorized for return is returned in any condition other than “As New” or is delivered incomplete then in addition to the amounts specified by the Authorized Return Charges, WasteCare shall also be entitled to increase the charges on any such order for the additional amounts that are required for restoring the product to “As New” condition. Any Claims of “product non-conformance” must be made by the customer in writing within 2 business days of the delivery and shall be provided in sufficient detail that a determination can easily be made by WasteCare that a “material non-conformance” has occurred. Non-conformance which is reasonable and consists of anything except “material non-conformance” shall not be considered as a basis for return. (Slight variations in specifications and/or features shall not be considered nonconformance). In the event there is “material non-conformance” in the product(s) delivered as determined by WasteCare, then in that event, WasteCare may elect to either: a) issue a store credit for the amount of the purchase (or any portion thereof that involves such corresponding claim of non-conformance), b) exchange the product (or any portion thereof) with a product that is materially or substantially the same as was ordered by the Customer; or c) repair or replace any defective or non-conforming part(s) causing the claim of non-conformance. Under any and all circumstances involving return shipments authorized by WasteCare, the following conditions shall apply at all times: i) The customer must have a written Return Authorization from WasteCare; and ii) The product must be returned in its original packaging, and; iii) The product must be “As New” when received by WasteCare (or WasteCares designee), except where damage has occurred as per the guidelines set forth above and; iv) The customer must have the product re-packaged (in its original packaging) and ready for pick-up (by the return carrier) within 2 days of the issuance of the written Return Authorization by WasteCare. Acceptance by Purchaser (as to conformance) of any item of Product(s) shall be deemed to have occurred on the delivery date (“Acceptance Date”) unless written notice (of non-conformance) is received by WasteCare within two (2) days thereof. Acceptance of any item of Product(s) by Purchaser will have the meaning and effect provided by the Uniform Commercial Code. No Return Authorizations will be given for parts, supplies, services performed, service contracts, software or extended warranties. On any cancelled order (authorized by WasteCare) where processing has begun by WasteCare, then in that event, WasteCare reserves the right to charge (or retain as a chargeback) an additional amount equal to the greater of: x) 5% of the amount of the purchase; or y) Twenty-Five dollars, or z) the actual and accrued (not yet paid) costs incurred by WasteCare (Hereinafter “Cancellation Processing Fee”). Any and all credits issued by WasteCare for cancellations shall be issued in the form of a store credit (less Cancellation Processing Fees), valid for 12 months from the date of issuance by WasteCare, to be utilized in WasteCares store. The store credit shall apply to all products listed in WasteCare store at the time the credits are redeemed by the Customer prior to the 12 month expiration.

4. PAYMENT Unless otherwise specifically provided in writing, all purchases resulting through the website shall be paid in advance with each order. Payment is due and Credit Cards are charged upon Order Placement. In some cases, additional charges may apply after Check-out, especially in circumstances involving incidentals and other changes (such as freight services) that are not specifically stated or itemized as being included on an order. In the event there are additional amounts to be charged or invoiced by WasteCare resulting from adjustments, WasteCare shall have the right and the option of adjusting the corresponding amounts after checkout, or WasteCare may invoice Purchaser for such portion of the Total Price associated with the price adjustment, including applicable taxes and other charges. All amounts payable to WasteCare under the terms of this Agreement shall become due on the date of acceptance by WasteCare or the date of invoice, whichever occurs first. Any amount not paid in full within fifteen (15) days of the order date shall bear interest at the rate of one and one-half percent per month or the highest amounts allowed by law, whichever is lower, until paid. Purchaser agrees to pay all costs and expenses, including reasonable attorneys fees, incurred in connection with the enforcement of this Agreement. Other than completing a “W-9 Form”, WasteCare shall not be required to forward and/or sign any other documents as a condition of payment.

5. SECURITY INTEREST – Purchaser grants to WasteCare and WasteCare shall retain a first priority purchase money security interest (under the Uniform Commercial Code) in the Product(s) (for inventory or otherwise, as well as the proceeds and any insurance proceeds) until all outstanding obligations owing to WasteCare have been paid in full. Until payment in full thereof, Purchaser agrees that: a) A financing statement may be filed with the appropriate public authorities, and; b) Purchaser will sign, upon request, any such financing statement or other documents necessary to perfect WasteCares security interest, and; c) WasteCare or its agent or representative, shall always have the right to inspect the Products in the possession or control of Purchaser. The Purchaser hereby authorizes WasteCare to execute the appropriate UCC-1 financing statements and other documents and instruments and to do and perform any other acts which WasteCare may consider necessary to further establish, perfect or protect WasteCares security interest in the Products. Purchaser authorizes WasteCare to file such documents (with respect to the Product(s)) signed only by WasteCare or signed by WasteCare on behalf of Purchaser, as Purchasers attorney in fact. Purchaser agrees to take all necessary actions within its control to insure that: d) WasteCare does not lose any rights as it pertains to the security interest provisions set forth herein, and; e) WasteCares right to receive full payment is not jeopardized in any way, and; f) Upon any payment default to WasteCare, WasteCare will retain (and Purchaser will provide) the right of full access to the Products so that WasteCare may, at its option, enter such premises and retake all such related Products.

5. PRICING. Prices stated herein do not include costs associated with electrical requirements, permits, license fees, shipping, onsite orientation, training, installation, “In-Service”, “off-loading”, compliance with local, state or federal laws (unless agreed to in writing by WasteCare) or any other order “incidentals” unless otherwise specifically noted and agreed to in writing by WasteCare. Shipping prices include a single “Dock to Dock” delivery attempt only and do not include: “Freight Insurance”, “Inside Delivery”, “LiftGate”, “Advance Notification”, “Pallet Jack”, “Residential Delivery”, extended wait times exceeding 15 minutes, or any other extra service requirements necessary or requested by the customer. Any and all state and local sales, use, excise, privilege, and similar taxes due in connection with the sale, delivery or use of any Product(s) or service shall be the responsibility of, and payable by, the Purchaser in addition to the amounts specified in the order, and shall be added to the cost and charged against the customers account.

6. PURCHASE ORDERS. In the event that Purchaser submits a purchase order (or any other documents) for any Product(s) to be provided by WasteCare during the term of any order transaction, WasteCare shall not be bound by any of the terms or conditions printed on the purchase order (or such other documents) regardless of the date, and such conflicting terms and conditions shall have no force or effect. Any Customer purchase orders shall be subject to this Agreement and shall be considered to be non-binding attachments hereto, unless otherwise specifically agreed to in writing by WasteCare.

7. WARRANTIES and LIMITATIONS OF LIABILITY FOR PRODUCTS SOLD- Purchaser acknowledges and agrees that WasteCare is passing through to Purchaser Manufacturers Standard Warranty for the Products. Manufacturer is responsible for the handling (& method) of all warranty & defect claims. EXCEPT FOR THE MANUFACTURERS STANDARD WARRANTY, WASTECARE DISCLAIMS ANY AND ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASER ACKNOWLEDGES THAT THE PRODUCTS MAY NOT OPERATE UNINTERRUPTED OR ERROR FREE. WasteCare, nor its Directors, Officers, Employees or other representatives shall be liable for any indirect, incidental, special, punitive or consequential damages whatsoever arising out of or in connection with this Agreement, including but not limited to, loss of profits, revenue, data or use, incurred or suffered by Purchaser or any third party, whether in an action in contract or tort, even if WasteCare or any other person has been advised of the possibility of damages. No action or proceeding against WasteCare, its affiliates or subsidiaries, or its suppliers may be commenced more than twelve months after the claim arises. This provision survives termination of the Agreement.

8. FORCE MAJEURE. WasteCare shall not be liable for delay in performance or nonperformance of any term or condition, directly or indirectly, resulting from circumstances beyond WasteCares control, including, without limitation fire, explosion, flood, labor trouble or stoppage, any regulation, rule or act promulgated by any government agency, inability to obtain or shortage of suitable, material, parts, equipment, machinery, fuel, power, transportation, acts of God, or any other causes beyond WasteCares control.

9. ASSIGNMENT. WasteCare may outsource fulfillment of this order or assign any portion of its obligations & rights hereunder. Purchaser may assign this Agreement only with the written consent of WasteCare. Assignment of this Agreement shall not release either party from liability hereunder.

10. WARRANTIES and LIMITATIONS OF LIABILITY - Purchaser acknowledges and agrees that WasteCare is passing through to Purchaser the Manufacturers Standard Warranty for the Products. Manufacturer is responsible for the handling (& method) of all warranty & defect claims. EXCEPT FOR THE MANUFACTURERS STANDARD WARRANTY, WASTECARE DISCLAIMS ANY AND ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASER ACKNOWLEDGES THAT THE PRODUCTS MAY NOT OPERATE UNINTERRUPTED OR ERROR FREE. WasteCare shall not be liable for any indirect, incidental, special, punitive or consequential damages whatsoever arising out of or in connection with this Agreement, including but not limited to, loss of profits, revenue, data or use, incurred or suffered by Purchaser or any third party, whether in an action in contract or tort, even if WasteCare or any other person has been advised of the possibility of damages. No action or proceeding against WasteCare, its affiliates or subsidiaries, or its suppliers may be commenced more than twelve months after the claim arises. This provision survives termination of the Agreement.

11. TERMINATION OF AGREEMENT. Either party may terminate this Agreement for the following reasons: (i) In the event that either party files or initiates proceedings or has proceedings filed or initiated against it seeking liquidation, reorganization or other relief (such as appointment of trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or other similar law, and such petition is not discharged within sixty (60) days of filing; or (ii) In the event that either party is in default under the terms or conditions of this Agreement, the non-defaulting party shall provide written notice of the default. The defaulting party shall have three (3) days from the date of written notice in which to cure monetary default(s), and thirty (30) days from date of the written notice in which to cure non-monetary default(s). In the event the default is not cured within the cure period, then this Agreement may be terminated, at the option of the non-defaulting party. In the event Purchaser fails to cure a default for non-payment of amounts due under any order transaction or invoice, in addition to terminating this Agreement, WasteCare may retain all prepaid deposits and recover all remaining sums due at time of default.

12. WAIVER. The failure of WasteCare to enforce or insist upon compliance with any of the terms and conditions of this Agreement, the waiver of any term or condition of this Agreement, or the granting of an extension of the time for performance, shall not constitute an agreement to waive such terms with respect to any other occurrences.

13. SEVERABILITY. In the event any provision contained in this Agreement is for any reason held to be unenforceable, such unenforceability shall not effect any other provision, and the Agreement shall then be construed as if such unenforceable provision(s) had never been included in this Agreement.

14. APPLICABLE LAW. This Agreement is to be governed and interpreted according to the laws of the state of Georgia, or if elected by WasteCare this agreement shall be governed and interpreted according to the laws and local jurisdiction of the F.O.B. point.

15. FINAL AGREEMENT. This Agreement and any attachments hereto, sets forth the entire understanding of the parties and supersedes any and all prior agreements related to the Product(s) described herein. WasteCare shall not be bound by any agents or employees, representations, promises or inducements not set forth herein. No modifications shall apply unless signed by both parties.

The above Order Specific Terms and Conditions shall apply to all orders unless otherwise agreed to in writing by an authorized officer of WasteCare. These terms and conditions are an integral part of each specific order and in the event of a conflict between any General Terms and Conditions and the “Order-Specific” Terms and Conditions, then in that event, the “Order-Specific” Terms shall control. (Where there is no conflict, the General Terms and Conditions shall be considered supplemental to these Order-Specific Terms and Conditions.) No other terms and conditions or “Customer” Purchase Order provisions shall be binding unless signed by an authorized officer of WasteCare Corporation, (regardless of the date of any such provisions). This Agreement is subject to acceptance by WasteCare. Purchaser has read and understands the Acknowledgement Terms and agrees to be bound thereby.