Commercial & Enterprise Users

HP Computer Hardware Recycling Service Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. BY PROVIDING COMPUTER HARDWARE TO HP OR HP'S DESIGNATED LOGISTICS SERVICE PROVIDER FOR RECYCLING AND BY CLICKING “I AGREE” AT THE END OF THIS AGREEMENT, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND TO THESE TERMS AND CONDITIONS.

SCOPE OF AGREEMENT
The purpose of this HP Computer Hardware Recycling Service Agreement (the “Agreement”) between you (the “Customer”) and HP is to establish terms and conditions for the recycling of your end-of-life Computer Hardware by HP or by HP’s designated logistics service provider.

SCOPE OF SERVICE
The Computer Hardware Recycling Service (the “Service”) provided under this Agreement is available only for HP Commercial and Enterprise customers, who may recycle both HP and non-HP Computer Hardware, but non-HP Computer Hardware will be accepted only if (i) the Customer is referred by an HP Account Manager or (ii) the Customer provides proof of purchase (purchase receipt or delivery receipt or tax invoice) of HP Computer Hardware. HP will accept delivery of Customer’s properly packaged Computer Hardware at the location identified by HP or by HP’s designated logistics service provider. Locations for collection of Computer Hardware must be close to or within a large metropolitan area. The minimum collection volume is one pallet size or one cubic meter. Only the following Computer Hardware is acceptable:

Computing	Printing and Imaging
Notebooks; Personal computers;Servers; Monitors; Handheld devices; Associated external components (e.g., cables, mice, keyboards)	Scanners; Fax machines; Printers

HP or HP’s designated logistics service provider reserves the right to reject any Computer Hardware, whether on this list or not, that Customer provides to them for this Service.

CUSTOMER RESPONSIBILITIES

1)	Customer is responsible for properly packaging and managing the Computer Hardware, in compliance with applicable legal requirements, before acceptance by HP or by HP’s designated logistics service provider.
2)	Customer is responsible for properly preparing Computer Hardware for transport. HP recommends that all Computer Hardware prepared for transport be in containers, packages, or packaging that is sound and adequate to prevent breakage of any Computer Hardware contained therein. Such containers, packages, and packaging should be closed and should prevent contents from being spilled during normal transport conditions. Large Computer Hardware should be prepared for transport in a manner that will prevent breakage and loss of components, parts or pieces during normal transport conditions. Customer who wants to recycle its servers through this programme should have its servers removed from any racks or fittings (stand alone) prior to delivering the servers to HP or to HP’s designated logistics service provider.
3)	Customer is responsible for the deletion of all confidential and proprietary data, including but not limited to personal and customer data, that are contained on or within the Computer Hardware before Computer Hardware has left the Customer premises. Customer acknowledges that HP will not be, in any way, responsible for confidential and proprietary data that are not deleted from the Computer Hardware.
4)	Computer Hardware will not be returned after it has left 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 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, LOSS OF PROFITS OR LOSS OF SAVINGS OR REVENUE, 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

1)	Nothing in this Agreement affects any statutory or other rights of Customer that cannot be waived or limited by contract.
2)	HP makes no representation about the tax consequences of Customer’s use of the Service.
3)	Neither party will be liable for its failure to fulfill any obligation hereunder due to causes beyond its reasonable control.
4)	Customer may 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.
5)	This Agreement is the complete and only agreement regarding the Service for both HP Computer Hardware and non-HP Computer Hardware.
6)	Neither Customer nor HP will bring a legal action, under this Agreement, more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation
7)	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 in accordance with the rules of the Hong Kong Mediation Council of the Hong Kong International Arbitration Centre. Either party may litigate the dispute only if mediation fails to resolve it, except that either party may seek injunctive relief regarding the dispute.
8)	This Agreement is made under and will be construed in accordance with the law of the Hong Kong Special Administrative Region of the People’s Republic of China without giving effect to its choice of law rules.
9)	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.