Microsoft's Free return program for Surface HUB cartridges Terms

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. BY USING THIS MAIL-BACK PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

General

• By using this free return program for Surface HUB cartridges, you agree to return for recycling only Eligible Products as displayed on the online request form of the program and you agree to follow all instructions for return. A list of Eligible Products based on your location will be displayed once you begin processing your order on our Website.

• Once you have turned over eligible products to the designated shipper, you will not be able to cancel the return of your eligible products or have it shipped back to you.

• To avoid unnecessary charges, you should cancel any internet, telephone or similar services that are tied to the eligible products. TES and/or Microsoft will not be liable for any such charges you may incur as a result of remaining financial charges that are tied to eligible products that are returned through this program.

• By shipping your eligible products through this service, you relinquish any and all property and privacy rights to and in all such eligible products and to any data stored on such Eligible Products.

• This Website and service may only be used for lawful purposes. Misrepresenting your identity, contact information, or any other information you are required to provide when using this service is prohibited.

• Access to this Website and the service may be restricted if you violate the terms and conditions of the Mail-back Program Policy.

• Neither TES or Microsoft will be liable for its failure to fulfill any obligation under these terms due to causes beyond their reasonable control. TES and/or Microsoft may elect to discontinue this service at any time without notice.

• This program is valid for business customers only. Maximum eighteen products per return request.

Customer Responsibilities

• You represent that (i) only Eligible Products are shipped, and (ii) that the Eligible Products shipped match the products described in your order.

• You must pack and ship the Eligible Products in accordance with provided instructions, including but not limited to, instructions regarding weight limitations, quantity and types of items to be recycled.

• If you are returning Eligible Products from a country in which this program offers free pick up service, you will need to make the packaged Eligible Products available for pickup by the carrier identified by Microsoft and TES and in accordance with provided instructions.

• IMPORTANT NOTICE REGARDING CUSTOMER DATA: You are responsible for all confidential data that may be stored on the Eligible Products. Before you ship any Eligible Products through this program, you are responsible for: (a) deleting the data on the hard-disk drives and any other storage media in the products; (b) backing up or transferring any data prior to deletion; and (c) removing any removable storage media (Link). Microsoft and TES are not liable for any claims, including property or privacy claims, associated with such data or storage media.

• If you fail to comply with the terms and conditions of this program, Microsoft and/or TES' carrier may refuse collection or return the products to you and you may incur additional shipment fees.

Warranty

TES WARRANTS THAT IT WILL PERFORM THE SERVICE WITH COMMERCIALLY REASONABLE CARE. TES MAKES NO OTHER WARRANTY AND DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR STATUTORY CONSUMER RIGHTS ARE UNAFFECTED BY THE ABOVE LIMITATIONS.

Limitation of Liability

• TES provides this service as an accommodation and accepts no liability to any person for any services performed in connection with the recycling offered in this Return Program, and specifically disclaims liability for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages.

• TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TES'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID TO TES TO RECYCLE THE ELIGIBLE PRODUCTS USING OUR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION AT LAW, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION; OR AN ACTION IN EQUITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

• TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TES DISCLAIMS ANY AND ALL WARRANTIES OTHER THAN EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.