The State of California passed a law in 2004 known as the Electronic Waste Recycling Act (the "eWaste Act") under which retailers might need to pay a fee to the State of California for each "covered electronic device" (generally, products with video display screens exceeding four inches) sold to a California consumer after December 31, 2004. If you sell any of those kinds of products to California consumers after that date, under the terms of the eWaste Act, you may need to either collect the applicable fee from the customer or provide an express statement on the sales receipt that the merchant elects to pay the fee on behalf of the consumer.
Amazon.com does not currently have functionality to separately charge and collect fees due under the eWaste Act. In order to facilitate compliance with the eWaste Act, commencing January 1, 2005, Amazon.com will include in each order confirmation e-mail a statement (the specific wording of which we will determine and may modify from time to time) indicating that the merchant has elected to pay any fees due under the eWaste Act on behalf of the consumer. Amazon.com reserves the right to target the messaging above with greater specificity. In the future, Amazon.com may implement functionality that allows qualifying merchants to separately charge and collect fees due under the eWaste Act. If we elect to do so and determine that you are a qualifying merchant, we will contact you to let you know when that functionality is available and any terms and conditions applicable to its use.
Please note that Amazon.com does not make any representation or warranty that the messaging described above will be deemed sufficient to comply with the eWaste Act (and, in particular, whether the order confirmation email qualifies under the eWaste Act as a receipt given to the consumer at the time of sale), and nothing in this letter should be construed as or relied on by you as legal advice. It is your sole responsibility to ensure that you are in compliance with the eWaste Act and all other applicable laws and regulations. This responsibility includes, without limitation, the responsibility to determine any notifications that you must provide to customers, the responsibility to determine the amount of any fees that may be payable to the state of California, and the responsibility to remit any fees due to the appropriate authorities. The California Integrated Waste Management Board is responsible for enforcing this law and you can visit their website at http://www.ciwmb.ca.gov/Electronics/Act2003/ for information about this new law.
Amazon sends the following message to customers who purchased products covered by the California eWaste Act:
Please be aware that items that are purchased from third parties and are part of this order may be subject to California's Electronic Waste Recycling Act (the "eWaste Act"). To the extent that any items in this order are shipped to California and are subject to that Act, the third party seller of that item has elected to pay any fees due under that Act on your behalf.
Amazon.com prints this message on third party merchant order confirmations. For third party retail partners, Amazon.com prints this text on the shipping confirmations.