HP Planet Partners Program
Hardware Return & Recycling

Hewlett-Packard Computer Hardware Recycling Service Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

SCOPE OF AGREEMENT
The purpose of this HP Computer Hardware Recycling Service Agreement (the "Agreement") between you (the "Customer") and Hewlett-Packard ("HP") is to establish terms and conditions for the recycling of your end-of-life computer hardware by HP or HP's designated logistics service providers ("LSP").

SCOPE OF SERVICE
The Computer Hardware Recycling Service (the "Service") provided under this Agreement is available only for HP enterprise and public sector customers, who may recycle both HP and non-HP hardware products, but non-HP Computer Hardware will be accepted if (i) Customer is referred by an HP Account Manager or (ii) Customer provides proof of purchase (purchase receipt, delivery receipt or tax invoice) of HP computer hardware. HP accepts properly packaged hardware products delivered by Customer at locations identified by HP or LSP. Locations for collection of computer hardware must be close to or within a large metropolitan area. The minimum collection volume is one cubic meter or one pallet size of combined hardware products. Products collected will be recycled or extended for use. Only the following computer hardware is acceptable.

HP or LSP reserves the right to reject any computer hardware, whether on this list or not, that Customer provides to them for this Service.

RESPONSIBILITIES OF CUSTOMER

• Customer is responsible for properly packaging and managing the computer hardware, in compliance with applicable legal requirements, before acceptance by HP or by LSP.
• Customer is responsible for the proper preparing of computer hardware for transport. HP recommends that all computer hardware prepared for transport be in containers or packages that are sound and adequate to prevent breakage of any computer hardware contained therein. Such containers or packages should be closed and should prevent content from spillage during normal transport conditions. Large computer hardware should be prepared for transport in a manner that can prevent breakage and loss of components, parts or pieces during normal transport conditions. Customer who wants to recycle servers through this program should have the servers removed from any racks or fittings (stand alone) prior to delivering the servers to HP or to LSP.
• Customer is responsible for the deletion of all confidential and proprietary data, including but not limited to personal and Customer data, that is contained on or within the computer hardware before it leaves Customer's premises. Customer acknowledges that HP will not be in any way responsible for confidential and proprietary data that is not deleted from the computer hardware.
• Computer hardware will not be returned after it leaves Customer's premises.

LIMITED WARRANTY
HP warrants that it will perform the Service 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
HP'S AGGREGATE LIABILITY TO CUSTOMER FOR ANY REASON AND UPON ALL CLAIMS AND CAUSES OF ACTION RELATING TO THE SERVICE SHALL BE LIMITED TO THE REASONABLE COST OF DISPOSING OF THE COMPUTER HARDWARD IN ACCORDANCE WITH CUSTOMARY COMMERCIAL TERMS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, STATUTE OR REGULATION, NEGLIGENCE, STRICT LIABILITY, INFRINGEMENT, PRIVACY OR TORTS OF ANY NATURE. IN NO EVENT WILL HP BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION TO LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF SAVINGS, EVEN IF HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HP BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER RELATED TO DATA THAT THE CUSTOMER HAS NOT DELETED FROM COMPUTER HARDWARE BEFORE COMPUTER HARDWARE HAS LEFT CUSTOMER PREMISES AS IS REQUIRED BY THIS AGREEMENT.

GENERAL

• Nothing in this Agreement affects any statutory or other rights of Customer that cannot be waived or limited by contract.
• HP makes no representation about the tax consequences of Customer's use of the Service.
• Neither party will be liable for its failure to fulfill any obligation hereunder due to causes beyond its reasonable control.
• Customer should not assign, or otherwise transfer, this Agreement or any rights under it without HP's prior written consent. Any attempt to do so is void.
• This Agreement is the complete and only agreement regarding the Service for both HP computer hardware and non-HP computer hardware.
• The parties must first seek to resolve any dispute in connection with this Agreement by negotiation. If the dispute cannot be resolved within 30 days from the time a party notifies the other in writing of the existence of the dispute, the parties shall mediate their dispute at the mediation centres in the in the respective countries. Either party may litigate the dispute only if mediation fails to resolve it, except that either party may seek injunctive relief regarding the dispute.
• This Agreement is made under and will be construed in accordance with the laws in the respective countries without giving effect to its choice of law rules.
• 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.

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