Terms of Service
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These Terms of Service are by and between Momentum Recycling, LLC (“Momentum”) and a customer of Momentum Recycling’s commercial recycling services related to glass recycling, mixed recycling and green waste recycling collection services (“Client“) (collectively, the “Parties,” and individually, the “Party”).
WHEREAS, Momentum offers recycling collection services to help Client move toward zero waste; and
WHEREAS, Momentum offers four Service Types: (1) Mixed Recyclables: corrugated cardboard, paper, newspaper, magazines, #1-7 plastics, aluminum and steel; (2) Glass: bottles/jars of all colors, plate glass; (3) Green Waste: fruit/vegetable scraps, yard waste, untreated wood and coffee grounds; and (4) Hard-to-Recycle Items: batteries and CFL bulbs; and
WHEREAS, Client desires to contract for Momentum’s recycling collection services.
NOW, THEREFORE, the Parties agree as follows:
SCOPE OF SERVICES.
DESCRIPTION OF SERVICES & STATEMENT OF FEES AND BILLING.
Client agrees to pay Momentum the collection and handling fees indicated upon signing up for services (subject to annual review) prior to the 1st day of each month for the services scheduled in the upcoming month. All Clients with a monthly fee of $100-or-less are required to pay via credit card. Monthly fees greater than $100 may be paid via credit card or check. Client will notify Momentum of any billing concerns or disputes prior to the last day of the month in question.
Momentum warrants that the services performed hereunder will be of a professional quality, and shall be performed in accordance with the services specified in the Scope of Services section of this Agreement. Collection trucks will meet all Department of Transportation standards.
In the event of a material breach of any term, covenant or condition of this Agreement, and either Party does not remedy same within two (2) consecutive weeks after receipt of written notice thereof; either Party may terminate this Agreement in whole or in part at any time upon thirty (30) days written notice to the other Party. Upon termination of this Agreement, Momentum agrees to remove Momentum’s equipment from Client location(s) within the sixty (60) days, in which event, Client will have no further obligation to Momentum, except for services rendered but still unpaid. If service terminates in the middle of the month, full payment for that month is required (no partial refunds will be provided).
All delinquent accounts will be charged an interest rate of 1.5% per month (18% per annum). In the event any balance is not paid as agreed herein, the Client agrees to pay a collection fee not to exceed 40% of the unpaid balance. In the event legal action is taken to collect the unpaid balance, the Client further agrees to pay court costs and reasonable attorney fees in addition to the collection fee. The undersigned further authorizes us or our agent to call you on any number you provide or at any number at which we or our agent reasonably believes we can contact you, including calls to mobile, cellular, or similar devices for any lawful purpose. The undersigned also agrees to any fee(s) or charge(s) that may be incurred for incoming calls from us or our agent, and/or outgoing calls to us or our agent, to or from any such number, without reimbursement.
AUTHORIZATION TO PROMOTE CLIENT’S PARTICIPATION IN ZERO WASTE SERVICES.
Client authorizes Momentum to promote its participation in Zero Waste Services through use of Client’s name in publications designed to encourage the community to support entities that are working toward Zero Waste with Momentum. Examples of publications in which Client’s name may appear include: Momentum’s website, social media accounts, newsletter, brochures, press releases, and advertisements in local print media.
MODIFICATIONS, WAIVERS & AMENDMENTS.
Momentum reserves the right to adjust prices according to inflationary rates on an annual basis, and rising fuel prices or tipping fees as needed. Momentum will notify Client about all such modifications at least two (2) weeks in advance. Should diesel charges reach $5-per-gallon, a fuel surcharge of 1% will be added to bills based on every 10 cent rise in diesel costs (calculated on a monthly basis). Any other modifications to this Agreement are valid only if they are submitted in written form, approved and signed by both Parties.
FORCE MAJEURE CASES.
Both Parties are exonerated from any financial penalties in case of force majeure: natural disasters, general strikes, civil disorders, and other activities that are not controlled by the Parties.
LIABILITY / INSURANCE.
During the term of this Agreement, Momentum will maintain insurance coverage on Momentum employees, agents or subcontractors who render services described herein.
Any notice required or permitted hereunder shall be in writing and sent via U.S. mail or email to Momentum.
This policy was last updated on November 8, 2017.