TERMS AND CONDITIONS FOR RESIDENTIAL CUSTOMERS
Services: Waste Connections of Arizona, Inc. (“Contractor”) provides non-hazardous solid waste collection services (“Waste Materials”) to residential customers (each residential customer is referred to herein as “Customer”). All customers must: (a) place Waste Materials within the container(s) provided by Contractor and place the container curbside by 6:00 a.m. on the scheduled collection day; (b) place the containers free and clear of all obstructions; (c) place each container at least 4 feet away from any other container; and (d) not overload any container by weight or volume. Waste Materials placed outside of containers will not be collected. Additional or extra services must be requested at least 24 hours prior to the scheduled collection day.
Service Termination or Suspension: Contractor or Customer may terminate or suspend the services for convenience at any time, unless a separate written agreement provides otherwise. If Contractor suspends service because amounts are past due, Customer shall pay a Reactivation Fee of $60 plus a delivery fee of $60 if applicable.
Vacation Holds: Customer may request a vacation hold. Customer must provide notice of its vacation hold request to Contractor at least two business days before the date of the next regularly scheduled collection service. If Contractor chooses in its sole discretion to retrieve the container(s) during the vacation hold period, then Customer will pay a Reactivation Fee of $50.
Rates; Payments: Contractor will perform its services in exchange for Customer’s agreement to pay the rates quoted by Contractor to Customer. Customer will pay for service in advance, on a quarterly basis, unless otherwise agreed to in writing. Invoices are due upon receipt. Customer shall pay interest at a rate of 1.5% per month or the greatest amount allowed by law for any invoiced amounts that are past due by thirty days. Customer authorizes Contractor to charge Customer's credit or debit card on an ongoing basis for charges related to Contractor’s services. Customer shall pay $35 for each check, credit card, or debit card that is rejected, returned or dishonored for any reason.
Contractor may increase the rates at any time and for any reason. State and local taxes (if applicable), governmental franchise fees (if applicable), administrative fees and fuel and material surcharges apply in addition to other service charges. Contractor may charge an additional fee of $85 or the then current rate per container for each additional collection service required by Customer's failure to provide access to or place the container curbside by 6:00 a.m. on the scheduled collection day.
ANY DISPUTE OR CLAIM AGAINST CONTRACTOR CONCERNING ANY INVOICED AMOUNT MUST BE ASSERTED BY CUSTOMER IN WRITING TO CONTRACTOR NOT LATER THAN ONE HUNDRED EIGHTY (180) DAYS FOLLOWING THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE UNDERLYING DISPUTE OR CLAIM, OTHERWISE THE DISPUTE OR CLAIM IS WAIVED BY CUSTOMER.
Waste: The waste materials to be collected by Contractor pursuant to this Agreement consist of non-hazardous solid waste and/or recyclable materials generated or collected by Customer (the “Waste Materials”); provided, however, the term Waste Materials specifically excludes and Customer agrees not to deposit in Contractor's equipment or place for collection by Contractor any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic, special or hazardous waste or material as defined by applicable federal, state or local laws or regulations (“Excluded Waste”). “Excluded Waste” also includes: manure, paint, batteries, tires, antifreeze, medical waste, gasoline, propane tanks, oils, refrigerators, dead animals, freezers, ice makers, carpet and carpet padding. Contractor shall acquire title to the Waste Materials when they are loaded into Contractor's truck. Title to and liability for any Excluded Waste shall remain with Customer.
Recyclables (if applicable): If recycling services are provided, Customer must comply with any description of and/or procedures with respect to removal of contaminants or preparation of recyclable materials as provided by Contractor.
Equipment: Any equipment furnished by Contractor shall remain the property of Contractor; however, Customer has care, custody and control of the equipment while at Customer’s location and accepts responsibility for all loss or damage to the equipment (except for normal wear and tear) and for its contents. If a container is lost, stolen, or damaged beyond repair, Customer shall pay $100 per container. Contractor may enter Customer’s premises, including accessing unlocked gated areas, to collect its equipment.
Pavement: Customer warrants that Customer's pavement, curbing or other driving surface or any right of way reasonably necessary for Contractor to provide the services described herein are sufficient to bear the weight of all of Contractor's equipment and vehicles reasonably required to perform such services. Contractor will not be responsible for damage to any such pavement, curbing, driving surface or right of way.
Excused Performance: Except for the payment of amounts owed hereunder, neither party hereto shall be liable for its failure to perform or delay in its performance due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, compliance with laws or governmental orders, inability to access a container, fires, inclement weather, epidemics, pandemics and acts of God.
Severability: If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision herein, and such provision shall be modified only to the extent necessary to make it enforceable.
Separate Contract: If any provision herein conflicts with the terms and conditions contained in a separate written agreement between Customer and Contractor, the terms and conditions in the separate written agreement shall prevail and supersede such conflicting terms and conditions.
Arbitration; Class Action Waiver: CUSTOMER AND CONTRACTOR AGREE THAT ANY AND ALL DISPUTES BETWEEN THE PARTIES RELATING TO RATES AND CHARGES, IF NOT RESOLVED INFORMALLY BETWEEN THE PARTIES, MUST BE BROUGHT USING BINDING, INDIVIDUAL ARBITRATION, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH ARBITRATION MUST BE BETWEEN CUSTOMER AND CONTRACTOR ALONE; THE PARTIES AGREE NOT TO BRING OR PARTICIPATE IN CLASS ARBITRATION. NOTWITHSTANDING THE FOREGOING, THE PARTIES ALSO AGREE THAT CONTRACTOR MAY CHOOSE TO PURSUE COLLECTION CLAIMS FOR UNPAID AMOUNTS UNDER THIS AGREEMENT IN COURT, INSTEAD OF ARBITRATION, IN WHICH CASE THE COLLECTION CLAIMS AND ANY DEFENSES WILL BE RESOLVED IN COURT, INSTEAD OF ARBITRATION. CUSTOMER AND CONTRACTOR ALSO AGREE THAT ANY AND ALL DISPUTES, WHETHER IN ARBITRATION OR OTHERWISE AND WHETHER RELATING TO THIS AGREEMENT OR OTHERWISE, MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE PROCEEDING. ACCORDINGLY, EACH PARTY WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Governing Law: These terms and conditions, and all questions relating to their validity, interpretation, and performance, and all claims arising under, relating to, or involving these terms and conditions, are governed by the laws of the state where the Customer is located.
Amendments: Contractor may amend these terms and conditions at any time. The amendments shall be effective upon posting on this website. Contractor will notify Customer of amendments via a notice on an invoice or other means. Customer’s acceptance of services and payment of an invoice after the amendments are posted will establish Customer’s acceptance of the amended terms and conditions.
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