Terms And Conditions
MIDWEST RECYCLING CORP. (“MRC” or “Company”) agrees to provide certain waste collection and disposal services (“Curbside Pick-up”) to the customer(s) (“Customer”) based on the terms and conditions as set forth herein. Except as specifically set forth herein, or as otherwise communicated by the Company to Customer, the following terms and conditions, including the Order Documents, as defined herein, shall apply to and govern both commercial and residential customers.
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Acceptance
Customer accepts and assents to all the terms and conditions contained herein and as outlined in any related order documents, including, but not limited to any quotation, proposal, acknowledgment, agreement, and/or invoice (collectively referred to hereinafter as the “Order Documents”). The terms and conditions stated herein shall apply to and govern all Curbside Pick-up transactions and these terms and conditions, along with the Order Documents shall constitute the entire agreement between the Company and the Customer. Any Customer’s terms and requests for quote, order, cancellation, acknowledgment, or any other Customer’s document which are in addition to or different from the terms in this document are deemed void and shall not have any force or effect.
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Ordering Process
MRC processes orders in person, online, or via phone call. Customer acknowledges and agrees that upon Customer’s placement of an order and MRC’s acceptance of such order, then a binding and enforceable agreement shall exist between MRC and Customer based upon these terms and conditions and Order Documents. All orders are subject to the Company's ability to render the requested Curbside Pick-up service described herein and in Order Documents.
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Service Descriptions
Customer grants MRC the exclusive right to collect and dispose of the items described in Order Documents, from the Customer’s pick-up location (“Service Address”) and in exchange agrees to make the payment as defined in Order Documents under these terms and conditions.
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Prices
The Curbside Pick-up service fees are listed online at www.midwestrecyclingcorp.com (“Website”) which can be updated from time to time basis within the sole discretion of MRC; provided that applicable prices for each service transaction will be confirmed by MRC during the Customer’s Ordering Process in Order Documents.
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Cancellation and Cancellation Fees
If the Customer cancels the order after the Curbside Pick-Up vehicle was dispatched then MRC shall be entitled to a cancellation fee in the amount equal to the Service pick up costs which are estimated based on Service Address and defined in Order Documents.
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Service Delivery
Due to circumstances beyond MRC’s control, including, but not limited to, inclement weather, hazardous roads and/or driving conditions, traffic delays, motor vehicle accidents, and equipment failure, the MRC does not guarantee pick-up times or dates. MRC will not be liable to Customer under any circumstances for costs, expenses, losses, and/or damages incurred by Customer in any manner relating to such delays.
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Prohibited Material
The customer is warned that all disposable items must be free from food waste, hazardous materials, yucky substances, and items (collectively referred to hereinafter as a “Prohibited Material”) that can not be included or placed in the listed disposable items. Prohibited Material is not accepted and any such prohibited item discovered among listed disposable waste will result in additional fees or refusal of the requested service and may be subject to a dry run fee.
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Right to Refuse
MRC reserves the right to deny service and leave the waste at the Service Address due to nonpayment or waste containing Prohibited Material.
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Dry Run Fee
This is equal to the pick-up fee and It is assessed when the pickup is missed because the scheduled disposable material wasn't ready for the pick-up.
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Permits
The Customer acknowledges that a certain Service Address may require a permit, license, certification, or other local, municipal, city, county, and/or state approval relating to the placement, storage, and/or transportation of the listed disposable waste. (collectively referred to hereinafter as a “Permit”). Customer represents and warrants to MRC that Customer (and not MRC) is solely and exclusively responsible for obtaining and maintaining all required Permits relating to Curbside Pick-up. If Customer fails to obtain and/or maintain all necessary and required Permits, the Company may refuse the service.
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Payment Terms
Customer hereby authorizes MRC to charge Customer’s credit card for the requested service described herein and estimated in Order Documents.
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Access and Ground Conditions
The Customer is responsible for the provision of free and suitable access to and from the pick-up site of the service address.
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Waiver; Limitation of Liability and Disclaimer of Warranties
EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MRC, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST MRC RELATING TO OR ARISING FROM MRC’s Service, Equipment, or Performance UNDER THE ORDER DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER’S PROPERTY. MRC MAKES NO WARRANTIES TO CUSTOMERS, EITHER EXPRESS OR IMPLIED.
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3rd Party Responsibilities
The Customer shall be solely responsible for any fees, penalties, fines, assessments, charges, costs, and expenses asserted by a third party (including, without limitation, a towing company) incurred in connection with the ordered Curbside Pick-Up service.
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Indemnification
Customer agrees to indemnify, defend and hold harmless MRC, including its members, employees, associates, assets, and equipment from and against all claims, suits, demands, damages, judgments, debts, penalties, expenses, costs, or liabilities asserted or alleged by any third-party arising from or related to (a) Customer’s use or storage of Prohibited Material in the disposable item; (b) physical damage to streets, roadways, driveways, walkways, pavement, curbs, walls, irrigation systems, septic systems and/or underground utilities caused by the MRC’s equipment (c) Customer’s breach of these terms and conditions or the terms of any of the Order Documents; and (d) any fees, penalties, fines, charges, costs asserted by a third-party incurred in connection with the Curbside Pick-up.
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Governing Law; Severability; Jurisdiction and Venue
Any dispute in connection with the rendered service(s), between MRC and Customer, shall be construed under and governed by the laws of the State of Wisconsin, U.S.A., including all matters without giving effect to the conflict of laws provisions. Any provision hereof which may be prohibited by applicable law shall be ineffective to the extent of such prohibition and without invalidating the remaining provisions hereof. Any action in connection with this transaction must be commenced and disputed in the Circuit Court of Sheboygan County, Wisconsin, U.S.A. Customer hereby consents to the exclusive jurisdiction and the court venue and Customer hereby waives any defense or objection in connection with improper jurisdiction.
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Assignment
The entire agreement including Order Documents is NOT assignable by the Customer without the prior written consent and agreement of MRC.
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Reservation of Rights
MRC reserves all rights and remedies which are available to it at law or in equity.
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Entire Agreement and Modification
Upon MRC’s acceptance of the Customer’s order, the terms and conditions set forth herein and as outlined in Order Documents (including, all requirements as outlined in MRC’s Website), shall constitute the entire agreement between Customer and MRC, and no statement, correspondence, or other terms shall modify or affect the terms hereof or thereof. No change in these terms and conditions will be valid unless approved by the MRC in writing.
The customer is agreeing to all of the above Terms and Conditions including attached Order Documents, whether or not they are known to the Customer. No exceptions. Customers must read the Service instructions and prices.