FRD Management, LLC –Waste Removal Terms of Service
1. SERVICES RENDERED; WASTE MATERIALS. By engaging FRD Management, LLC, a Virginia limited liability company (“FRD”) for its non-hazardous waste removal services, Customer grants to FRD, the exclusive right, and FRD through itself and its affiliates shall furnish equipment and services, to collect and dispose of and/or recycle (collectively, the "Services") all of Customer's Waste Materials at Customer's service address. Customer agrees that the Waste Materials collected under these terms and conditions shall not include any Excluded Materials. "Waste Materials" means all non-hazardous solid waste, organic waste, and if applicable, recyclables, generated by Customer or at Customer's service address. Waste Materials shall not include any Excluded Materials. "Excluded Materials" means (a) any waste tires, (b) radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, toxic, regulated medical or hazardous waste, substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations; (c) any materials containing information protected by federal, state or local privacy and security laws or regulations; (d) any materials that, due to its physical or chemical characteristics, requires more stringent environmental protection, handling, documentation or other management than normal municipal solid waste; and (e) any other waste or material that is prohibited from being received, managed or disposed of at the disposal facility. Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Customer's Waste Materials is transferred to FRD upon FRD's receipt or collection unless otherwise provided in these terms and conditions or applicable law.
2. EQUIPMENT. Any cart(s) or bin(s) ("Equipment") FRD furnishes to Customer shall remain FRD's property. While the Equipment is in Customer's possession, Customer is liable for all loss or damage to the Equipment, except for normal wear and tear. Customer shall provide safe, unobstructed access to the Equipment on the collection day. If applicable, Customer must place the Equipment curbside by 7:00 a.m. on the collection day. Customer acknowledges and agrees that FRD operates in primarily rural areas, and that FRD may use customer’s driveaway to provide the Services, including but not limited to, turning around in Customer’s driveway. FRD shall not be liable for any damage to Customer’s cans, property and/or equipment in providing the Services in the ordinary course of business or otherwise.
3. INVOICES; PAYMENT TERMS.
(a) Customer will be billed in advance by FRD on a periodic basis (e.g., monthly, quarterly, annually). The invoices represent FRD's offer to provide such Services for the specified billing period. By accepting Service, Customer agrees to these Terms and Conditions and to continue the Service for the billing period. Invoices may also include past due balances, or Charges for additional services requested or incurred by Customer during a previous billing period. An Equipment delivery fee may apply at the start of service, and an Equipment removal charge will apply upon cancellation of service. See section 4 below for further information on additional charges.
(b) Emailed Invoices and Convenience Fee for Digital Payments. For Customers that have enrolled in paperless billing and receive their periodic invoices by electronic mail, Customer agrees that periodic invoices can be emailed to Customer at any time of day, including during non-business hours. Customer agrees to pay FRD the invoiced amount ("Charges") within five (5) days of the date of the invoice. The customary means of online payments is through automatic withdrawal from a bank account (sometimes referred to as an Automated Clearing House (“ACH”) transaction in the U.S. If Customer chooses an alternative means of making a payment, the online payment system provider, FRD or its provider may charge a fee (“Convenience Fee”) for processing the payment as disclosed in the applicable payment portal.
(c) Late Fees and Suspension or Termination of Services for Nonpayment. If full payment of the Charges is not received by FRD within five (5) days from the date of the invoice, Customer may be assessed a late fee as specified on the invoice, which shall be for the maximum monthly late charge allowed under applicable law on all past due amounts accruing from the date of the invoice, with a minimum monthly late fee of five dollars ($5.00). Customer acknowledges that such late fee is not to be considered as interest or debt on a finance charge, but rather is a reasonable charge for the anticipated loss and cost to FRD for the late payment. Additionally, if Customer fails to timely pay an invoice, FRD may terminate or suspend services until full payment is received. If Customer’s service is suspended for non-payment, Customer may be charged a resume fee to restart service. If Services are suspended or terminated by FRD due to Customer's breach of these terms or if Customer terminates the Services, Customer understands and agrees that FRD will not refund, or pro-rate or return any amounts previously paid by Customer to FRD in advance for monthly or quarterly pre-paid services, unless such refund is required by law or regulation. Annual prepaid services that are cancelled by Customer prior to the end of the annual term will be refunded for the amount of unused days left in the annual term.
4. ADDITIONAL SERVICE CHARGES, INCLUDING CART OVERAGE AND RECYCLING CONTAMINATION CHARGES. In addition to the Charges, FRD also reserves the right to charge Customer for additional services provided by FRD to Customer, whether requested or incurred by Customer, including, but not limited to, account resume or reactivation services; extra pickups or trip charges; a charge for recyclable contamination included in Customer’s cart(s) as described below; and a charge for container overages and overflows as described below, all at such standard prices or rates that FRD is charging its customers in the service area at such time. Customers are advised to request the current charge amounts for any additional services at the time of ordering, and to call the number listed on their invoice for further details on any Charges. State & Local taxes, and/or fees and a Recycle Material Offset, if applicable, will also be added to the Charges. An Administrative Charge per invoice may be assessed and can be removed by enrolling in paperless statements and automated payments, unless prohibited by law.
(a) The Overage Charge and How It Can Be Avoided. Generating more waste than expected can cause an overage and an overage charge of five dollars ($5.00) per overloaded container per incident. Overloaded containers pose safety risks for our drivers and create unsightly messes in your community. An overage is whenever FRD documents one of these customer situations:
Overloaded container (e.g., container lids not securely closed)
Lids left closed with debris stacked on top of the lids or outside of the container
Customers can avoid overage charges by making sure their waste or recycling materials fit within their carts with the lids closed. If Customers find they need additional cart space for their materials, they should contact FRD to discuss service options, including the possibility of increasing their pick-up frequency, adding larger or additional carts to their account, or both.
(b) The Recycling Contamination Charge and How It Can Be Avoided. Recycling contamination happens when trash ruins otherwise good recyclables, causing a contamination charge of five dollars ($5.00) per contaminated recycling container per incident. Once contaminated, these recyclables can no longer be recycled and they become trash, or the costs increase to process the recyclables and remove the contamination. For recyclable materials to have a second life, they must be clean and free from contaminants. Remember these three simple rules to recycle right:
Recycle clean bottles, cans, paper & cardboard.
Keep food and liquid out of your recycling.
No loose plastic bags & no bagged recyclables.
5. CHARGE INCREASES. FRD may increase the price for subscription residential collection services from billing period to billing period, and Customers may terminate or choose to not renew services after each billing period without penalty. FRD also may increase the Charges on an annual basis to account for increases in the US Consumer Price Index ("CPI") for Water, Sewer and Trash Collection Services published by U.S. Bureau of Labor Statistics, or with written notice to Customer, any other national, regional or local CPI. FRD may also adjust the Charges to cover any increases in disposal, processing and/or transportation costs and to cover increased costs due to uncontrollable circumstances, including, without limitation, changes in local, state or federal laws or regulations, imposition of taxes, fees or surcharges or acts of God such as floods, fires, hurricanes, pandemics and natural disasters. Changes in the frequency of collection, collection schedule, number, capacity and/or type of Equipment, and any changes to the Charges payable under these terms may be agreed to orally, in writing, by payment of the invoice reflecting such changes, or by the actions and practices of the parties.
6. HOW TO TERMINATE RESIDENTIAL SERVICES AND ARRANGE FOR THE REMOVAL OF FRD’S CARTS. Once FRD has commenced providing collection services to your residence, to terminate services, either during or at the end of a billing period, please contact FRD by telephone (in the number listed online) or online (at FRDManagement.com) for an agent help you terminate services and arrange for the removal of your trash and/or recycling carts. As described on your periodic invoice, a cart removal charge plus applicable taxes and surcharges may apply.
7. INDEMNITY. Customer agrees to indemnify, defend and save FRD, its parent, subsidiaries, corporate affiliates and their joint venture partners, harmless from and against any and all liability which FRD may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by Customer's breach of these terms and conditions or by any negligent act or omission or willful misconduct of the Customer or its employees, agents or contractors or Customer's use, operation or possession of any Equipment furnished by FRD. Neither party shall be liable to the other for consequential, incidental or punitive damages arising out of the performance or breach of these terms and conditions.
8. MISCELLANEOUS. (a) FRD shall not be in default for its failure to perform or delay in performance caused by events or significant threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, strikes, labor trouble, riots, imposition of laws or governmental orders, fires, pandemics, acts of war or terrorism, acts of God, and the inability to obtain equipment, and FRD shall be excused from performance during the occurrence of such events. (b) These terms and conditions shall be construed in accordance with the law of the state in which the Services are provided. (c) Different terms and conditions may apply to residential collection customers covered by municipal franchise, homeowner's association or individual customer agreements. (d) In the event FRD successfully enforces its rights against Customer hereunder, Customer shall be required to pay FRD's attorneys' fees and court costs. (e) Customer understands and agrees that by providing Customer's phone number(s), email, and home address in connection with these terms, Customer authorizes FRD and its agents to contact Customer regarding this account with an artificial or prerecorded message or using auto-dialing equipment at the provided phone number(s), including cell phone numbers if provided, or email, and home address.
9. RECYCLING SERVICES. The following shall apply to fiber and non-fiber recyclables ("Recyclable Materials") and recycling services:
FRD may require the sorting of Recyclable Materials by the Customer as a condition of service. FRD reserves the right, upon notice to Customer, to discontinue acceptance of any category of Recyclable Materials set forth above as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials. Collected Recyclable Materials for which no commercially reasonable market exists may be landfilled at Customer's Cost; (b) Notwithstanding anything to the contrary contained herein, Recyclable Materials may not contain Nonconforming Waste, Hazardous Waste, Special Waste or other materials that are deleterious or capable of causing material damage to any part of FRD' property, its personnel or the public or materially impair the strength or the durability of FRD' structures or equipment. (c) FRD may reject in whole or in part, or may process, in its sole discretion, Recyclable Materials not meeting the specifications. Customer shall pay FRD for all increased costs, losses and expenses incurred with respect to such non-conforming Recyclable Materials which charges may include an amount for FRD's operating or profit margin (collectively the "Cost"). Without limiting the foregoing, and Customer shall pay a contamination charge for additional handling, processing, transporting and/or disposing of such non-conforming Recyclable Materials, Hazardous Waste, Special Waste, Nonconforming Waste, and/or all of part of non-conforming loads and additional charges may be assessed for bulky items such as appliances, concrete, furniture, mattresses, tires, electronics, pallets, yard waste, propane tanks, etc.
10. Jury Trial Waiver. To the extent permitted by law, Customer and FRD waive any right to trial by jury in the event of a lawsuit involving any Claim (defined below) asserted against each other, including but not limited to those arising out of or related to the Services. This jury trial waiver shall not affect the Arbitration Provision below (including the jury trial waiver contained therein). Customer and FRD each represent that this waiver is given knowingly, willingly and voluntarily.
11. Parties. Solely as used in this Arbitration Provision, the terms “we,” “us” and “our” mean:
a. FRD and its successors and/or assigns, as well as any parent, subsidiary, affiliate of theirs and their employees, officers and directors (the “FRD Parties”);and,
b. any other person or company that provides any services in connection with the Services if Customer asserts a Claim against such other person or company at the same time Customer asserts a Claim against any FRD Party.
12. Class Action and Class Arbitration Waiver. Subject to applicable law (and ot the extent enforceable under applicable law), Customer and FRD each further agree that:
each expressly waive their rights to file a class action or seek relief on a class basis;
neither Customer nor FRD may act as a private attorney general in court or in arbitration; and
absent the written consent of all parties, Claims brought by or against Customer may not be joined or consolidated with Claims brought by or against any other person.