Service Terms for Temporary Services

If you are a customer receiving temporary waste services from a Republic Services’ entity without a signed customer service agreement, your services are provided pursuant to the terms disclosed on this page. “Republic Services” is used herein to describe the operating subsidiary that provides service to you under the Republic Services brand. “Customer” is used herein to describe the individual or entity utilizing the applicable Republic Services waste service.

Responsible Party

All waste services are managed, performed, and billed for by individual operating subsidiaries of Republic Services, Inc. Republic Services, Inc. itself does not perform any waste services. The operating entity providing Customer waste service is identified on the invoice. Accordingly, all obligations to Customer, including providing quality service and billing, rests with the operating entity issuing the invoice. Any claims Customer may have relating to its service may be brought only against that operating entity.

Term; Payment

The term of Customer’s temporary container rental and use shall begin when the container is delivered to the service address and continue through the final lift of the container. Payment is due to the operating subsidiary identified on the invoice within 20 days of Customer’s receipt of the invoice.

Definitions

“Temporary Service” means the use of a large or small container for the disposal of non-hazardous waste or recyclable material that is not permanently scheduled or that is permanently scheduled and has a known final pull date.

“Waste” means any non-hazardous solid waste or recyclable material that does not include any Excluded Waste.

“Excluded Waste” means all radioactive, volatile, flammable, corrosive, explosive, regulated medical, infectious, biomedical, biohazardous, pollutants, contaminates, or hazardous waste, toxic substance, or material, each as defined by, characterized, or listed under any applicable law.

“Contamination” means non-recyclable waste that is placed in a container intended for only recyclable material. Material recyclability varies by market; the operating subsidiary providing the recycling service can provide a list of recyclable material in Customer’s market.

Excluded Waste; Contamination; Title

Customer represents and warrants that all materials to be collected under this Agreement shall be only the acceptable Waste intended for the type of container ordered by Customer. Customer agrees not to deposit, or permit the deposit for collection of, any Excluded Waste or Contamination. Title to and liability for any Excluded Waste shall remain with Customer and shall at no time pass to Republic Services regardless of whether physical possession of Excluded Waste has passed to Republic Services. Republic Services shall acquire title to acceptable Waste when it is received or collected by Republic Services. If Republic Services determines that any Waste is Excluded Waste, it will have the right to reject, revoke acceptance of, or determine alternative disposal for, such Excluded Waste and convey it to Customer or an alternate disposal site. In such event Customer will pay Republic Services’ reasonable costs for the handling, analysis, transportation, repackaging, alternate disposal, and time involved in returning such Excluded Waste to Customer or other location or arranging for alternative disposal. In the event Republic Services receives Contamination in a container intended for recyclables, Customer shall pay a contamination fee in the amount of the servicing division’s prevailing rate at the time of its receipt of the Contamination.

Responsibility for Equipment; Access

Any equipment furnished by Republic Services shall remain Republic Services’ property. Customer shall be liable for all loss or damage to such equipment (except for normal wear and tear and for loss or damage resulting from Republic Services’ handling of the equipment). Customer shall use the equipment only for its proper and intended purpose and shall not overload (by weight or volume), move, or alter the equipment. Customer shall provide safe, unobstructed access to the equipment on the scheduled collection day. Republic Services may charge an additional fee for any additional collection service required by Customer’s failure to provide clear access. Republic Services shall not be responsible for any damages to Customer’s pavement, curbing, or other driving surfaces resulting from Republic Services providing service at Customer’s location.

Use of the Container

Republic Services will not accept white goods, tires, drums, paint, solvents, chemicals, or other such materials that would be considered flammable or explosive, or other materials not permitted to be disposed of at the designated disposal facility. If the container is loaded with extremely heavy material, such as block concrete, asphalt, dirt or roofing material, such material must be evenly distributed at the bottom of the container, shall not exceed 3 feet in depth, and shall not exceed 10 tons in weight. Customer shall not load materials above the top of the container. Customer shall close and latch the back door, if applicable, of the container before service. The driver cannot load a container with an open or unlatched back door. If Republic Services is unable to safely haul a container, Customer shall off-load the impermissible overage or impermissible materials or otherwise improve any conditions necessary to enable safe hauling. Customer will be charged a dry run fee for each attempted trip where hauling does not occur. If Republic Services hauls a container that it discovers was overloaded, Customer shall be responsible for all service charges based on the actual tonnage hauled, plus any resulting tickets, fines, penalties, or damages incurred due to the overweight container.

CUSTOMER INDEMNITY

CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS REPUBLIC SERVICES, ITS PARENT, AND CORPORATE AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, SUITS, PENALTIES, FINES, REMEDIATION COSTS, AND LIABILITIES (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES) ARISING FROM (A) THE INCLUSION OF EXCLUDED WASTE IN THE WASTE, OR (B) ANY INJURY OR DEATH TO PERSONS OR LOSS OR DAMAGE TO PROPERTY (INCLUDING EQUIPMENT) ARISING OUT OF CUSTOMER’S USE, OPERATION, OR POSSESSION OF REPUBLIC SERVICES’ EQUIPMENT.

Fees; Other Charges; Rate Increases

The types and amounts of charges and fees applicable to Customer’s Temporary Service were disclosed at the time of order. For more information regarding applicable charges, fees, and rate increases, please see below:

Environmental Recovery Fee (“ERF”)
The ERF is a recurring fee that is added to all invoice charges (except taxes) for non-hazardous waste and recycling services. It is not a tax, surcharge, or fee mandated by or remitted to any governmental or regulatory agency. The ERF is intended to help Republic Services recover both direct and indirect costs associated with the operation of non-hazardous collection, transfer, landfill, recycling, and landfill gas-to-energy services and facilities nationwide in an environmentally sustainable manner, and it includes an amount designed to achieve an acceptable operating margin. The current standard ERF rate is 18%. Republic Services monitors the costs that comprise the ERF and reserves the right to adjust the ERF at is discretion upon advanced notice, which notice may be in the form of an invoice message. The ERF may be combined with the FRF on Customer’s invoice.
Fuel Recovery Fee (“FRF”)
The FRF is a recurring fee that is a fluctuating percentage of all invoice charges (except for ERF and taxes) for non-hazardous waste and recycling services. It is not a tax, surcharge, or fee mandated by or remitted to any governmental or regulatory agency. The FRF is intended to help Republic Services recover both direct and indirect fuel, petrochemical, electric, and compressed natural gas costs associated with the operation of collection, transfer, landfill, and recycling services and facilities, and it includes an amount designed to achieve an acceptable operating margin. Each monthly FRF percentage rate is determined by cross-referencing Republic Services’ Hauling FRF Table with the peak weekly diesel price per gallon published in the 30-day period ending on the 15th of the month by the U.S. Department of Energy Information Administration "On-Highway Diesel Fuel Prices" index for the entire United States. Republic Services monitors the costs that comprise the FRF and reserves the right to change its method of determining the FRF at its discretion upon advanced notice, which notice may be in the form of an invoice message. The FRF may be combined with ERF on Customer’s invoice.
Administrative Fee (“ADMIN”)
The ADMIN fee is charged on each invoice. It is not a tax, surcharge, or fee mandated by or remitted to any governmental or regulatory agency. The ADMIN is intended to help Republic Services recover costs associated with the administrative processes related to account maintenance, invoicing, and payment processing, and it includes an amount designed to achieve an acceptable operating margin. The ADMIN is currently $5.95 per invoice but is subject to change at Republic Services’ discretion upon advanced notice, which notice may be in the form of an invoice message.
Rate Increases
Throughout the course of providing your service, Republic Services may increase your rates for service. Rate increases are necessitated over time to keep up with increasing costs of operations and to ensure Republic Services is maintaining an acceptable operating margin and/or an acceptable rate of return on its investment in the services provided. Republic Services reserves the right to determine in its sole discretion the amount of all rate increases. Customer will receive advance notice of any rate increases, which notice may be in the form of an invoice message and/or change on Customer’s invoice (if billed in advance).
Recycling Processing Charge (“RPC”)
The RPC is a recurring charge imposed on recycling services. It is not a tax, surcharge, or fee mandated by or remitted to any governmental or regulatory agency. The RPC is intended to help Republic Services recover both direct and indirect costs associated with the processing of materials received at its recycling facilities and necessitated by high levels of Contamination, strict specifications by purchasers of commodities, and highly fluctuating commodity values. Each monthly RPC amount is determined by cross-referencing Republic Services’ RPC Table with the lowest US average price per ton for Old Corrugate Containers – Pulp & Paper Index (“OCC-PPI”) as published during the previous month by Fastmarkets RISI PPI Pulp & Paper Week. For Customer convenience, Republic Services will post the price per ton for OCC-PPI used each calendar month to determine the RPC here. Republic Services monitors the costs that comprise the RPC and reserves the right to change its method of determining the RPC at its discretion upon advance notice, which notice may be in the form of an invoice message.
Container Delivery and Removal Fees
Container delivery and removal fees are intended to offset the operational costs of sending a truck to deliver a container at the start of service and removing the container when service terminates, as well as costs related to cleaning, repairs, and refurbishment of the containers following Customer use. Container delivery and removal fees are set by each operating subsidiary and are subject to change at any time at that operating subsidiary’s discretion. Container delivery and removal fees vary by market and will be charged at the prevailing rate set by the servicing division at the time of container delivery and/or removal.
Minimum Lifts
Temporary Service containers are subject to rent charges and/or a minimum lift fee, both at the prevailing rates for the servicing division, if the container is not hauled at least once per month.
Late Payment Fee
If Customer fails to pay its invoice on or before its due date, Republic Services reserves the right to charge Customer a late payment fee in an amount no greater than that allowed by applicable law.
Taxes
Some services provided by Republic Services (including equipment rental) may be subject to state, local, and/or franchise taxes or fees. If applicable, such state, local and/or franchise taxes or fees will be separately itemized on Customer’s invoice and submitted to the appropriate taxing and/or franchise authority.

Dispute Resolution-Agreement to Arbitrate and Class Action Waiver

Except for Excluded Claims (defined below), Customer and Republic Services agree that any and all claims between them arising out of or related to the services, whether based in contract, law, or equity, or alleging any other legal theory, or arising in connection with or after termination of the services, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules with a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Customer and Republic Services agree that under no circumstances, whether in arbitration or otherwise, may Customer bring any claim against Republic Services, or allow any claim that Customer may have against Republic Services to be asserted, as part of a class action, on a consolidated or representative basis or otherwise aggregated with claims brought by, or on behalf of, any other entity or person, including other customers of Republic Services or its parent or corporate affiliates. The following claims constitute “Excluded Claims” and are not subject to mandatory arbitration: (a) either party’s claims against the other in connection with bodily injury or real property damage; (b) claims for indemnity pursuant to the Indemnification Section of these Service Terms; and (iii) Republic Services’ claim against Customer for collection or payment of charges, damages, or any other amounts due or payable by Customer for the services.