General Dynamics Itronix

Computer Hardware Recycling

Service Agreement for US

TO COMPLETE THIS TRANSACTION, PLEASE READ THE FOLLOWING COMPUTER HARDWARE RECYCLING SERVICE AGREEMENT FOR THE UNITED STATES (“AGREEMENT”). BY OFFERING COMPUTER HARDWARE FOR SHIPPING TO GENERAL DYNAMICS ITRONIX FOR RECYCLING, YOU, AND THE ENTITY THAT YOU REPRESENT IF YOU ARE REQUESTING SERVICES ON BEHALF OF AN ENTITY, (COLLECTIVELY, “CUSTOMER”) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT’S TERMS AND CONDITIONS.

SCOPE OF AGREEMENT

Under the Agreement, General Dynamics Itronix provides a service under which a third party contractor (“Recycler”) agrees to recycle at the third party’s facility (“Recycling Facility”). After Customer’s Tadpole, Itronix or General Dynamics Itronix branded equipment is inspected and accepted at a Recycling Facility in accordance with the provisions under “Acceptance” below, Customer’s Tadpole, Itronix or General Dynamics Itronix branded equipment will be recycled in accordance with this Agreement.

CUSTOMER RESPONSIBILITIES

General

Customer is the generator of all Tadpole, Itronix or General Dynamics Itronix branded equipment. At all times prior to acceptance by the Recycler at the Recycling Facility, Customer is responsible for properly managing Tadpole, Itronix or General Dynamics Itronix branded equipment.

Where Customer supplies General Dynamics Itronix with the serial numbers of equipment that has been recycled, General Dynamics Itronix will update the database to show this equipment as retired.

Except as required by certain state laws, Customer is responsible for freight costs. Customer is also responsible for ensuring that Customer’s Tadpole, Itronix or General Dynamics Itronix branded equipment is shipped to the appropriate Recycling Facility designated by General Dynamics Itronix. Under no circumstances is Customer authorized hereunder to ship any unwanted computer hardware to any other location.

Customer also is the generator of and responsible at all times for Customer’s computer hardware, including but not limited to data security, that is not accepted by the Recycler in accordance with the provisions under “Acceptance” below.

Quantity

Customer shall ensure that each shipment to a Recycling Facility pursuant to this Agreement contains not more than TWENTY (20) items of Tadpole, Itronix or General Dynamics Itronix branded equipment. Shipments greater than TWENTY (20) items may require special shipping arrangements. Please contact the General Dynamics Client Care Center at 1-800-638-9270, Option 2, for more information.

Note: one keyboard, mouse, or accessories accompanying a computer or other device does not count towards the twenty item limit. Some carriers selected by Customer may have more restrictive quantity limits—the Customer is responsible for identifying and complying with such limits.

Unacceptable Items

Notwithstanding anything herein to the contrary, the following items are UNACCEPTABLE and SHALL NOT BE INCLUDED IN SHIPMENTS TO ANY RECYCLING FACILITY under this Agreement:

Deletion of Confidential Data

Customer is responsible for the deletion of all confidential data that may be contained within Tadpole, Itronix or General Dynamics Itronix branded equipment. Customer acknowledges that neither General Dynamics Itronix nor any Recycler will in any way be responsible for confidential data that is not removed from Customer equipment prior to recycling.

Packaging and Shipping

Customer is responsible for properly packaging and labeling Tadpole, Itronix or General Dynamics Itronix branded equipment in accordance with all applicable legal requirements. Where original packaging is available, this may be used. Customer remains responsible for all packaging and labeling obligations. After packaging, Customer must arrange to ship Tadpole, Itronix or General Dynamics Itronix branded equipment to one of the Recycling Facilities designated by General Dynamics Itronix.

When shipping Tadpole, Itronix or General Dynamics Itronix branded equipment to a Recycling Facility pursuant to this Agreement, Customers may use only a SURFACE MODE of transport, and must not ship by air. In addition, Customer is responsible for complying with any packaging, labeling, or other requirements or restrictions imposed by the carrier or transporter with whom Customer arranges shipping to the Recycling Facility located in the United States.

ACCEPTANCE

Upon delivery of each shipment of Customer’s unwanted computer hardware to the Recycling Facility, Recycler shall have a period of ten (10) business days from the date of delivery to inspect such unwanted computer hardware to determine whether it constitutes Tadpole, Itronix or General Dynamics Itronix branded equipment and will be accepted by Recycler.

Recycler reserves the right to refuse any shipment that is; (1) not Tadpole, Itronix or General Dynamics Itronix branded, (2) appears to be contaminated, or (3) damaged or broken in such a way as to cause harm to their employees if the materials were processed. If Recycler rejects all or any portion of Customer’s unwanted computer hardware, Recycler may return Customer’s shipment to Customer, unless such return is not permitted under applicable law. If return of Customer’s shipment to Customer is not permitted, Customer will be notified and will be responsible for all costs and expenses incurred by General Dynamics Itronix or Recycler in connection with the management and/or disposal or ultimate disposition of Customer’s rejected shipment. For purposes of this provision, a “business day” means a day other than a Saturday, Sunday, or Holiday on which banks in the jurisdiction in which the Recycling Facility is located are open for general business.

LIMITED WARRANTY

General Dynamics Itronix warrants that it will enter into contracts with Recyclers that require the Recyclers to perform Services using reasonable care and skill.

THIS WARRANTY IS CUSTOMER’S EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

GENERAL DYNAMICS ITRONIX’ AGGREGATE LIABILITY TO CUSTOMER FOR ANY REASON AND UPON ALL CLAIMS AND CAUSES OF ACTION HEREUNDER ARISING WITH RESPECT TO ANY SHIPMENT OF TADPOLE, ITRONIX OR GENERAL DYNAMICS ITRONIX BRANDED EQUIPMENT SHALL BE LIMITED TO THE FEES AND EXPENSES ACTUALLY PAID BY THE CUSTOMER TO THE CARRIER OR TRANSPORTER WITH WHOM CUSTOMER ARRANGED TRANSPORT OF THE SHIPMENT TO THE RECYCLING FACILITY.

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORTS. IN NO EVENT WILL GENERAL DYNAMICS ITRONIX BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF PROFITS OR LOSS OF SAVINGS OR REVENUE, EVEN IF GENERAL DYNAMICS ITRONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY

Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.

General Dynamics Itronix does not represent that Customer is eligible for a charitable tax deduction as a result of this Service.

Neither Customer nor General Dynamics Itronix will bring a legal action, under this Agreement, more than two years after the cause of action arose unless a longer period for legal actions is required by applicable local law and a contractual waiver or limitation of such longer period is not permitted by applicable local law.

Neither party will be liable for its failure to fulfill any obligation hereunder due to causes beyond its reasonable control.

Customer may not assign, or otherwise transfer, this Agreement or any rights under it without General Dynamics Itronix’ prior written consent. Any attempt to do so is void.

In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.

This Service and this Agreement are offered only in the United States.

U.S. Customers: This Agreement is made under and will be construed in accordance with the law of the State of Washington without giving effect to its choice of law rules.

This Agreement is the complete and only agreement regarding Customer’s purchase of the Service for Tadpole, Itronix or General Dynamics Itronix branded equipment.