This Agreement is a service contract for the pick-up for residential recyclable materials between the individual identified via the system inputs hereinafter the “Customer” at the address dictated per that information and GOLDEN STANDARD RECYCLING LLC (“Company”).
Company agrees to provide curbside collection of acceptable recyclable materials on the scheduled collection day, through ONLY their licensed and branded receptacles.
MONTHLY SERVICE FEE: $14.95 per month, billed monthly in advance.
ADDITIONAL FEES:
- Cart Replacement (per cart): $100
- Missed pickup (if Customer error) or On demand: $15
- Late payment fee: $10 after 7 days.
- Special Material: Minimum $50 to $500 per item, prior authorization required with a specific quote.
- Contaminated cart with Prohibited Items: Minimum $25 fee up to the actual third party documentable invoiced costs incurred for disposal with a 10% mark-up.
- Contamination Suspension Reinstatement: $75 within 30 days, or deemed terminated by Customer..
- Early Termination Fee: 75% of the remaining contract monthly value.
CART PLACEMENT AND FILL: Position carts at the curb with lid opening toward the street. The lid must be closed, and the can should not overflow. If excess arrange a secondary pick-up or bulk pickup for the same day.
ACCEPTED MATERIALS: Commingled single-stream recycling as defined as cardboard, paper, #1 & #2 plastics, aluminum & steel cans, or metals. GLASS IS CURRENTLY PROHIBITED DUE TO THE SAFETY AND HANDLING OF THE MATERIALS. Metals may include kitchen items, hand tools, hinges, pipe, power cords, wiring, fans, and other items, as long as the items are not sharp or dangerous to handle
PROHIBITED MATERIALS: Glass, Plastic bags, Styrofoam, Electronics, HAZARDOUS WASTES, household Pollutants, textiles, or any material not on the Acceptable Materials List are PROHIBITED, unless Customer arranges for SPECIFIC MATERIALS pickup.
Minimum $25 fee or the actual, verifiable costs incurred for special handling or disposal, evidenced by a weigh ticket and/or invoice from a third-party, plus a 10% administrative fee for prohibited materials in the cart**.** Company’s driver or agent shall have the sole discretion to determine contamination. Upon finding contamination, Company may: (i) tag the cart and refuse it’s pickup, or (ii) pick-up the cart and assess a contamination fee. Customer may request photo documentation of the contamination, which Company will provide within 5 business days. If contamination occurs more than 3 times in one twelve month period then service suspension shall occur, with Contamination Suspension Reinstatement fee of $75 due in 30 days, or the Customer will be deemed to have terminated the contract.
HAZARDOUS WASTES: includes but is not limited to following, Aerosols, Wastewater, Flammable Solids, Water Oil Mixtures, Flammable Liquid Water Mixtures, Bulk & Non-Bulk Hazardous Liquids, Flammable or Combustible Liquids, Manufacturing Waste, Industrial Sludge, & Drum Waste, Lab Packs, Asbestos, Pharmaceutical Waste, Universal & Electronic Waste, Sand Blast Grit, Foundry Sand, Grinding Waste, Any Off-Spec, Defective, or Damaged Consumer Commodities, Hazardous Soils which may contain Heavy Metals, PCBs, and Residual Petrochemicals, and any other materials defined by local, state or federal law, such as the Department of Transportation or the Environmental Protection Agency as hazardous wastes.
SPECIFIC MATERIALS: These materials have pathways to be recycled, but at a cost to the Costumer as these require special handling and third-party services. SPECIFIC MATERIALS that can be picked up include electronics, refrigerants, mattresses, and/or textiles. The quote provided is a binding estimate. The final charge will reflect the quoted amount, adjusted only if the actual material type, quantity, or handling requirements differ materially from the description provided by the Customer at the time of the quote**.** The minimum additional charge per item is $50, with the maximum charge per item to be $500, a quote shall be made available and adjusted to reflect the actual pickup. Company reserves the right to waive fees or change these fees on a one off basis with Customer, such waiver or change shall be done in writing to Customer by Company.
CONTAINER: Company provides one (1) 96-gallon branded wheeled cart. Cart remains Company property, damage or replacement of these are to be paid by Customer in the amount of $100 per cart. The containers shall not be damaged, painted, or otherwise changed by Customer.
COLLECTION SCHEDULE: Collection occurs weekly on the set Day of Week, except for observed holidays (New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day). Service delayed by one day following a holiday. Customer Error is defined as not placing the cans out on time in accordance with Customer Responsibilities subsection A.
SERVICE LIMITATIONS; Right to Refuse. Company is not a common carrier. Company reserves the right, in its sole discretion, to refuse to collect any load it deems unsafe, overweight, improperly prepared, or containing Prohibited Materials. Such refusal shall not constitute a breach of this Agreement or entitle Customer to a refund
INDEMNIFICATION: Customer shall indemnify, defend, and hold harmless Company, its agents, and employees from and against any and all claims, damages, losses, liabilities, fines, penalties, and expenses (including reasonable attorney’s fees) arising out of or related to: (a) Customer’s breach of this Agreement, including the disposal of Prohibited or Hazardous Waste; (b) any injury to persons or damage to property caused by Customer’s container or materials placed for collection; or (c) Customer’s violation of any applicable law or regulation
RATE INCREASES: Company may increase fees annually with 30 days’ written notice, not to exceed 10% from the prior year.
CUSTOMER RESPONSIBILITIES: A) Place cart curbside/alley by 6:00 AM on collection day, remove by 9:00 PM. B) Ensure cart is accessible (clear of obstacles, snow/ice). C) Do not overfill; lid must close. D) The items in the cart are only Accepted Materials. E) Ensure Specific Materials are scheduled and approved for pick-up by Company at least 72 hours prior to the expected pick-up date and time. F) Pay any and all costs required in this Agreement. G) Notify Company within 48 hours of a missed collection, otherwise pickup may be delayed until the next week. If the missed collection is due to company the company will schedule the pickup within that week. If the missed collection was due to Customer, customer agrees to the fee herein.
COMPANY RESPONSIBILITIES: A) Perform collection in a timely manner. B) Replace/repair damaged carts within 5 business days of request. C) Provide customer service via phone and or email during business hours Monday through Friday, 8 AM to 4 PM, excluding nationally recognized holidays.
PROPERTY OWNER RESPONSIBILITY: If Customer is a tenant, Customer hereby appoints the property owner/manager as agent for service of notices regarding fees or default. Customer agrees that unpaid fees constitute a charge against the premises and may, at Company’s option, be collected as an assessment against the property owner in accordance with applicable law.
INITIAL TERM: 12 months, automatically renewed for successive 12-month periods unless terminated.
DATA USE & PRIVACY: Customer agrees that Company may use contact information provided for billing, service communications, and marketing related to Company’s services. Company will implement reasonable data security practices but shall not be liable for unauthorized access to its systems except in cases of gross negligence or willful misconduct.
TERMINATION OR SUSPENSION: Customer may terminate with 30 days’ written notice before renewal date. No early termination fee if Customer terminates within renewal window. An early termination fee equal to 75% of the monthly service fee for each month remaining in the Term, as a reasonable estimate of Company’s lost profits and administrative costs. Company may suspend service immediately for (a) non-payment (b) unsafe conditions and for (b) repeated contamination after the third occurrence with 10 days’ notice (except non-payment). Upon suspension for contamination, the Contamination Suspension (reinstatement) fee shall be due prior to service resumption.
LIMITATION ON ACTIONS: No action arising out of this Agreement, regardless of form, may be brought by Customer more than one (1) year after the cause of action has accrued.
LIABILITY: Company shall not be liable for damage to property, such as but not limited to landscaping, driveways, fencing, unless due to negligence by Company. Company is liable only for direct damages, with a maximum value of $3,000, for any claim that is not based on fraud, gross negligence, or willful misconduct. Company shall be liable to Customer for indirect, speculative, punitive damages, or general non-economic damage such as but not limited to pain and suffering, emotional distress, or loss of enjoyment, if and ONLY if the claims arise from fraud, gross negligence or willful misconduct by the Company. Company not responsible for materials left outside cart, or items from receptacle unless caused by Company.
JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF THIS AGREEMENT.
FORCE MAJEURE: Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor or materials, or any changes in law or regulation affecting the services provided herein.
DISPUTE RESOLUTION: This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of laws principles. Any dispute for damages greater than $10,000 shall be resolved by binding arbitration in Rogers County, Oklahoma, under AAA rules. Any damages for less than $10,000 shall be made through Small Claims Court, in Rogers County, Oklahoma. Prevailing party may recover reasonable attorney fees, court costs, and interest charge of prime rate plus 8% per annum on any amounts recovered.
ASSIGNMENT: Company may assign this Agreement to a qualified hauler.
NOTICES: Written notices to Customer’s service address or email; to Company at its main office at the address of record.
ENTIRE AGREEMENT: This document supersedes all prior agreements, and no ancillary documents or verbal agreements may amended or altered the contract unless put in writing and signed by the Company and acknowledged by the Customer.