Terms and ConditionsPlease Read Carefully

Terms and Conditions

Curbside Collection.  Customer agrees to place cart(s) curbside by 6:00 am on the designated collection day.  Weight limit for each serviced cart is approximately eighty pounds (80 lbs).  Carts exceeding the weight limit may not be serviced at Contractor’s sole discretion.  The Contractor is not responsible for lost or damaged personal cart.  Any cart weighing over eighty pounds (80 lbs) will be considered a bulk pick up and subject to additional fees at Contractor’s sole discretion.  Please call our office to schedule a bulk pickup and to inquire about the cost at (210) 807-8555. 

Waste Materials.  Customer warrants and represents that the waste materials delivered to Contractor will not contain any hazardous, toxic or radioactive wastes or substances as defined by applicable federal, state, or local laws, or regulations.  Customer further agrees not to deposit or permit the deposit for collection any radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous waste or material, or toxic substance, as defined by, characterized or listed under applicable federal, state, or local laws or regulations (collectively, “Excluded Materials”).  Title to and liability for Excluded Material shall remain with Customer at all times.  Excluded Materials shall further include, but is not limited to, paint, gasoline, batteries, motor oil/filters, antifreeze, fluorescent lights, pool chemicals, biohazardous waste (medical), rocks, dirt, ashes, cement, sand, tires, construction and demolition debris, including but not limited to brick, concrete, sheetrock, tar, roof shingles, and carpet.  Construction type materials will not be serviced in the carts, and must be quoted separately, if needed. Contractor shall acquire title to the waste material when loaded into Contractor’s vehicles: provided, however, that title to and liability for the Excluded Materials shall remain with Customer.

Recycling Contamination.  Customers will be notified of any non-recyclable items in recycling carts.  If recycling contamination continues for a Customer (i.e. placement of items in a cart that are not in accordance with the Contractor recycle guide as shown on Contractor’s website: www.metrowastesystems.com), Contractor may charge Customer a reasonable recycling contamination fee for each service date.  The amount of the contamination fees shall be in Contractor’s sole discretion.  Repeated contamination of a recycling cart may result in cancellation of recycling service to the Customer violating this paragraph.  Such fee and the decision to cancel recycling services for Customer are at the sole discretion of Contractor.

Cart(s) and Access.  All cart(s) furnished by Contractor shall remain the property of Contractor; however, the Customer shall have care, custody and control of the cart(s) and shall bear responsibility and liability for all loss or damage to the cart(s) and for its contents while at Customer’s residence. Customer shall not overload, move or alter the cart(s) and shall use the cart(s) only for its intended purpose. At the termination of this Agreement, the Customer shall return the cart(s) to Contractor in the condition in which it was provided, normal wear and tear excepted. Customer and the Customer shall provide unobstructed access to the cart(s) on the scheduled collection day.  Customer warrants that Customer’s right of way is sufficient to bear the weight of Contractor’s cart(s) and vehicle.  Contractor and Customer agree that Contractor shall not be responsible for damages to Customer’s pavement or other driving surface resulting from the weight of Contractor’s vehicles.

Online Payment Terms of Use.  By using this feature, you agree and are bound to the following terms and conditions. If you object to any of these terms and conditions, you should not use the Online Bill Pay feature. We may modify these terms and conditions at our discretion. These Terms of Use govern your use of the Sites and other digital content services, such as mobile device connectivity. Please read the Terms of Use carefully. Your use of the Sites signifies your agreement to these Terms of Use.

Processing of Payment; Adjustments.    PLEASE ALLOW AT LEAST TWO (2) BUSINESS DAYS FOR PROPER PROCESSING OF ONLINE BILL PAY TO YOUR ACCOUNT WHEN USING CREDIT/DEBIT CARDS. FOR MAILED IN PAYMENTS CUSTOMERS MUST ALLOW  FIVE (5) TO SEVEN (7) BUSINESS DAYS FOR RECEIVING AND PROPER POSTING. Customers utilizing other options of payment should allow at least ten (10) business days to ensure proper posting to customer account. If a customer mistakenly duplicates payments, please notify our office immediately. In this event, the customer may be subject to a charge back fee.  Reoccurring Payments are processed between the 1st and 10th of each month.  Enrolled customers agree to have sufficient funds available each month. Customer accounts will be charged the current merchant fee for all rejected and/or declined credit or debit payment attempts.  If payment is not received by the 10th day after the due date shown on the invoice, Customer shall pay a late fee.  No credits will be issued for missed services resulting from Customer being placed on stop service for nonpayment. Trash/Recycle will be picked up the next normal scheduled collection day following payment. All payments must be posted to the account in order to reinstate suspended service.  Payments made online may take up to 2 business days to post.  Because the disposal of garbage and recycling material, as well as fuel and city permit charges make up a significant portion of the cost of Contractor’s services provided hereunder, Contractor may increase the Quarterly Rate proportionately to reflect any increase in such costs.  Federal, State, & local fees, impositions, or costs will be passed on to Customer. The Quarterly Rate will be subject to an annual CPI adjustment.  Contractor will not provide refunds for partial quarters of service that have remained unused as a result of a suspension in services (ie; non-payment or other violation of this Agreement) or termination of this Agreement.

Online Security Feature.  The Online Bill Pay feature is offered through a secure site utilizing WebPak by Soft-Pak and by Authorize.net/Elavon credit/debit card processing. To reduce fraud and for security reasons, customer payment information may have to match the Metro Waste Systems, LLC customer account information in order for the payment to be properly processed. Please be aware, however, that security and confidentiality of information sent over wireless connections and/or unsecured internet connections cannot be guaranteed. Metro Waste Systems, LLC is not responsible for incomplete, inaccurate or erroneous transactions caused by the user, nor the lack of user sufficient funds, nor any other circumstances beyond Metro Waste Systems', LLC control. Metro Waste Systems, LLC reserves the right not to process any transaction which is believed to be erroneous, unauthorized, invalid or unlawful.

Termination.  Contractor may terminate this Agreement at any time for non-payment of any amount owed to Contractor by Customer under this Agreement or for any other reason, or no reason, upon ten days (10) of the date shown on the notice of termination which shall be sent by regular mail to Customer’s address listed above.  Customer agrees to pay a $20.00 fee to cover the costs associated with the final pick up, sanitizing, deodorizing, and restocking of the cart(s) upon the date shown on the notice of termination.  Additionally, because Contractor does not charge a deposit for the cart(s), Customer agrees to pay a $75.00 charge per cart, if the cart(s) is not returned within five (5) days upon the date shown on the notice of termination.  Terminated accounts are subject to a late payment fee.  Inactive accounts must be paid in full and are subject to a restart fee.  Commercial/Contracted customers must provide written notification via certified letter to:

Metro Waste Systems LLC, Attn.: Billing
P.O. Box 830046
San Antonio, Texas 78283

Written notification to Customer as required by this Agreement shall be by regular mail to the Customer at Customer’s address as stated above.

Indemnification. 
Customer agrees to indemnify, defend and hold harmless Contractor against all claims, damages, suits, penalties, fines and liabilities arising out of the breach of Customer’s warranties detailed in this Agreement, including, without limitations, liabilities for violation of laws or regulations, for injury or death to persons for loss or damage to property or the environment, and /or for attorney’s fees and expenses of litigation.  Further, Customer agrees to indemnify, defend and hold harmless Contractor against all claims, damages, suits, penalties, fines, and liabilities including attorney’s fees and expenses of litigation for injury or death to persons or loss or damage to property arising out of Customer’s use, operation or possession of the cart(s).  For purposes of this paragraph, Customer shall also include any of Customer’s agents, servants, contractors, employees, licensees or invitees.

Force Majuere.  Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, government order or regulation, strike, fire, accident and act of God, or similar or different contingency beyond the reasonable control of the Contractor. 

Waiver of Trial By Jury.  The parties knowingly, voluntarily and intentionally waive the right to have a trial by jury in respect to any litigation based hereon, or arising out of, under or in connection with this Agreement, any document contemplated to be executed, or any underlying matter, course of dealing, statement (whether verbal or written) or action of the parties.  This Agreement shall be governed by and construed according to the law of Texas.  The parties agree that all actions and proceedings arising out of or relating directly or indirectly to this Agreement shall be litigated solely and exclusively in the Courts located in Bexar County, Texas.

 

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