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Cascade's Service Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING CASCADE'S SERVICES. Updated 1-1-2015.

Cascade Asset Management, LLC (Cascade) provides full-service, electronic equipment asset retirement and end-of-life asset management services.

The following represents the general terms of service as offered by Cascade. Any deviations to the standard terms of service must be agreed to in writing prior to any work or service performed by Cascade.

Services
The customer may elect for Cascade to collect equipment from customer’s location. Charges may apply and vary depending on location of equipment, company owned or third-party logistics use, on-site asset tracking, distance to processing facility and special services requested.

Equipment will be received, inventoried and weighed in at Cascade’s facility and a receipt report listing the types of equipment received, and detailed asset information (e.g., make, model, serial number) will be prepared and sent to Customer within 5 business days, unless the Customer has signed an opt-out agreement to permit only the weighing and/or counting of assets.

All data will be removed from electronic storage devices either electronically or physically to ensure data cannot be retrieved under any means. Cascade will test equipment to determine appropriateness of refurbishing and reselling equipment, unless complete destruction is designated by customer. Whatever equipment cannot be refurbished and resold, Cascade will disassemble for recycling.

All equipment will be handled according to federal, state or other applicable regulations regarding the processing of scrap electronic equipment. No hazardous materials or untested/non-working whole units will be sent for sale or processing to non-OECD countries.


Fees

Cascade will charge a fee for processing equipment and other services provided at customer’s request. These fees vary depending on the nature of the services requested by the customer. Prices are subject to change without notice. The standard fees are listed in Cascade’s Service Menu (available by contacting Cascade).

Cascade will issue a rebate to customer for product resold by Cascade in an amount agreed upon prior to Cascade providing the related services. Rebates are typically paid on a quarterly basis for equipment sold during the previous quarter. Rebates are only paid for assets inventoried by Cascade.

Cascade will invoice pre-approved customers for services after each time equipment is received by Cascade for processing. Payment terms for pre-approved customers will be Net 15 unless differing arrangements are made prior to equipment receipt. There will be a 1.5% monthly late fee assessed for delinquent payments. Cascade reserves the right to refuse or suspend credit terms at any time, for any reason.

Payments to Cascade shall be made payable to: 

Cascade Asset Management, LLC 
ATTN: Accounts Receivable 
6701 Manufacturers Drive 
Madison, WI 53704


Default Service Level 
Unless otherwise agreed to in writing, the default service level offered by Cascade is to sort equipment into standard asset categories, inventory these items, and then process the equipment for “best use” whereby reusable items are resold and obsolete or damaged items are processed by Cascade for recycling. Electronic media will either be sanitized in conformance with NIST 800-88 Guidelines (1 pass wipe) or physically destroyed by shredding.


Transportation
Cascade shall provide or arrange for transportation including prepayment when needed. Customer will request pick-up by contacting Cascade by phone, email or web request. Equipment will be removed at the earliest allotted time, usually within five business days of receiving notification from customer. Equipment may also be delivered to Cascade by the customer during normal business hours with at least two days notice.


Non-conforming Equipment (NCE)
Customer agrees to only send computer and other office electronic equipment and related materials to Cascade for processing. Cascade is not capable of processing hazardous materials that are not particular to electronic equipment. Equipment shall be considered non-conforming, after initial evaluation of each shipment (which shall take place no later than 30 days after delivery thereof in Cascade’s facility), if it fails to conform to the characteristics agreed to by Cascade in any material respect.

Cascade may revoke its acceptance of NCE within five business days of Cascade’s discovery of the non-conformity. The revocation of acceptance shall be effective immediately upon receipt by the customer of oral notice followed by written notice. The customer shall direct Cascade within seven business days of an alternative lawful manner of disposition of the NCE. If the customer fails to so direct Cascade, Cascade shall prepare for lawful transportation and return of the NCE to the customer at the customer’s expense.

Cascade retains the right not to service NCE. If Cascade cannot or chooses not to service NCE or the customer elects not to have Cascade service the NCE, the customer shall pay Cascade reasonable handling costs including, but not limited to, transportation, unloading, loading, preparing, storing and caring for the NCE. Cascade shall be responsible only for its employees, agents, subcontractors or invitees negligence with respect to any such NCE.


Title to Equipment
If Cascade transports or arranges for transportation of the equipment, provided the equipment consists of materials accepted for processing by Cascade, title to and risk of loss with respect to the equipment shall passfrom customer to Cascade at such time as the equipment is loaded on Cascade’s (or third-party carrier’s) vehicle at customer’s facility (FOB customer location). If customer transports or arranges for transportation of the equipment, title to and risk of loss with respect to the equipment shall pass from customer to Cascade at such time as equipment is delivered to Cascade’s facility (FOB Cascade).


Warranties
Cascade warrants that: it understands the currently known hazards which are presented to persons, property, and the environment in the handling of electronic equipment; it will perform all services in a safe, efficient, and lawful manner using industry accepted servicing practices; and, it will comply with all requirements of Federal, state, and local laws, rules, regulations, and ordinances applicable to the services to be performed. THE WARRANTIES SPECIFIED IN THESE TERMS OF SERVICE ARETHE ONLY WARRANTIES MADE BY CASCADE, AND CASCADE DISCLAIMS ALL OTHER AND IMPLIED WARRANTIES.


Insurance
Cascade will maintain the insurance coverage from time to time described on Cascade’s website: www.cascade-assets.com/insurance. Cascade will furnish certificates of insurance upon request. Cascade and Customer agree to indemnify, hold harmless, and defend the other against any claims or liabilities to the extent caused by any breach of any term hereofby such party or any negligent or willful act or omission by such party or its employees or agents. EACH PARTY WILL NOT BE LIABLE TO THEOTHER PARTY FOR ANY EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO THE SERVICES. UNDER NO CIRCUMSTANCES WILL CASCADE’S LIABILITY IN CONNECTION WITH THE SERVICES PROVIDED TO CUSTOMER EXCEED THETOTAL AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER FOR THE NONCONFORMING SERVICES. 


Force Majeure
Cascade and Customer agree to suspension of service in events commonly described as force majeure, including acts of God, war, riot, fire, explosion, accident, flood, sabotage, lack or facilities, revocation or modification of governmental regulations or approvals, labor issues, or other incidents beyond control, to the extent such events prevent either side from fulfilling its relevant obligations of service.


Confidentiality
Cascade and customer also agree to regard as confidential all information shared with one another, communicated in any format, that is not published or part of the public domain, was in one another’s possession prior to discussions; was discovered or developed without reference toeach other’s confidential information or was made known by third parties (other than those acting on behalf of Cascade or the customer) as a matter of legal right without restrictions on its disclosure.


These Terms of Service are subject to change without notice. Please see www.cascade-assets.com/terms for current Terms of Service