Scope of Work: Terms and Conditions
You are the Customer, and the Company means Ecotech Management Inc. dba 4THBIN.
- Services Provided: The Company offers IT Asset collection, processing and destruction services. These services include collecting IT Assets from end-users, Customers, and, in some cases, Customer’s IT providers and processing them for disposal, recycling, or resale, except to the extent that the agreed-upon terms with the Customer would prohibit resale.
- Use of Third-Party Logistics: The Company has its own collection network and employs third-party logistics and shipping companies to transport IT Assets from end-users to the Company processing facilities. The Customer and the Company agree that unless the Company takes possession of the IT Assets from the Customer, the Company is not responsible for the IT Assets while in transit. The Customer has all risks associated with the transportation of IT Assets until the Company takes possession at its facility or driver.
- Inventory and Inspection: All IT Assets received will be inventoried and inspected. The results of this inventory and inspection will be documented and shared with the Customer as part of the service reporting process.
- Commencement of Services: The Company’s services commence when the IT Assets are received and inventoried at the Company's driver or processing facility. In the event of a direct pick-up, the date of receipt by the driver shall be the start of the provision of services. Otherwise, services shall start with the inventory and inspection of IT Assets at the Company’s facility.
- Limitation of Liability: The Company's liability for any loss, damage, or other liability arising out of or related to the services provided shall be limited to the amount of fees received by the Company for the services. Under no circumstances shall the Company be liable for indirect, incidental, special, or consequential damages.
- Insurance and Other Protections by Customer: Customers are strongly encouraged to secure their own insurance coverage for IT Assets during transit to the Company’s processing facility. It is also strongly recommended that all IT Assets be permanently disabled from remote connections or services and that data be wiped or destroyed before being submitted for services.
- Customer Representations: The Customer warrants that it is the owner, legal custodian, or otherwise has the legal right to destroy all IT Assets it delivers to the Company. The Customer further represents and warrants that the Company’s services do not conflict with or violate any contractual or other obligation of the Customer.
- Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York. Any dispute shall have exclusive jurisdiction in the Federal or State Court located in the State of New York, County of Suffolk, to the exclusion of all other jurisdictions.
- Amendments: These terms and conditions may only be amended in writing and signed by duly authorized representatives of both parties.
- Entire Agreement: These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties.