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.