Suffolk Recycling Program

Terms & Conditions

TERMS AND CONDITIONS
Customer grants to the undersigned, TFC Recycling (Company) the exclusive right to collect, process and market all of the Customer's Recyclable Materials, and agrees to make the payments as provided herein and the Company agrees to furnish such services and equipment specified above, all in accordance with the terms of this Agreement.

ARTICLE I - RECYCLING SERVICES PROVIDED
TFC Recycling will provide once (1) every-other-week (EOW) pick up of your household recyclable materials on the service day specified by TFC Recycling, provided the TFC Recycling furnished roll-cart is out at the curbside/roadside by 7:00am. Carts must be placed within three feet (3΄) of the curbside on scheduled collection day. TFC Recycling will NOT enter any private enclosure, etc. to pick up recyclable materials. TFC Recycling will NOT pick up hazardous waste or other dangerous materials.

TFC Recycling will pick up the following recyclable materials:
Newspaper – clean newspapers and inserts.
Cardboard – broken down cardboard boxes, clean, dry and unwaxed.
Mixed paper – Unwanted mail including catalogs and magazines, telephone books and paper grocery bags.
PLEASE – NO SHREDDED PAPER IN PLASTIC GROCERY BAGS!
"Chipboard" – such as cereal and cracker boxes.
Plastic bottles – Plastic bottles with a neck and spout – remove and discard caps and lids. "Step on It" to save space in the Recycling cart. Includes milk and water jugs, 2-liter and 3-liter size drink bottles, colored plastic bottles (e.g., bleach, detergent, fabric softener and shampoo). PLEASE – NO PLASTIC GROCERY BAGS!
Aluminum and steel cans – food and beverage cans. Pour or wipe out cans and bottles before placing in Recycling cart.
Glass – Clear, green and brown glass bottles and jars. Please pour or wipe out and remove and discard lids. No need to remove labels. Place glass containers loosely in your Recycling cart. NO CERAMIC DISHES, NO LIGHT BULBS!

TFC Recycling will NOT make a special trip to collect recyclables that was not out by 7:00 a.m.

ARTICLE II - HOLIDAYS
TFC Recycling observes the CITY OF SUFFOLK PUBLIC WORKS DEPARTMENT HOLIDAYS FOR REFUSE COLLECTION, holidays of New Year's Day, Lee-Jackson Day, Birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving and Christmas. If your pick up day falls on or after the holiday, for that holiday week only, your pick up day will be the following day, including Saturday.

ARTICLE III - CART PROVIDED
Customer acknowledges that the cart is the property of TFC Recycling and that Customer has care and custody of the container except when it is physically being handled by employees of TFC Recycling. If the cart is lost, stolen or destroyed while in the customer's possession, customer agrees and understands that he is responsible to reimburse TFC Recycling for the cost of repairing or replacing the cart (not to exceed $75), TFC Recycling requests that the customer retain the serial number of the cart for Customer's records.

ARTICLE IV - TERM
The initial term of this agreement is NINETY (90) DAYS from the date of agreement. This agreement shall automatically renew for successive ninety day terms unless either party shall give written notice of termination by certified mail to the other party at the addresses listed in this contract, at least thirty (30) days prior to the initial term or any renewal term. In the event the Customer terminates this agreement prior to its expiration, Customer agrees to pay a container removal charge (not to exceed $75 and liquidated damages. See ARTICLE VII. Term expiration may be accelerated by TFC Recycling in the event customer relocates Customer's residence outside the franchise service area of TFC Recycling.
ARTICLE V - RATE ADJUSTMENTS
The initial rate will remain the same for at least one year from the date of the agreement. Any rate increase excluding surcharges will not exceed the CPI-U (all items) during the initial and any renewal terms of the agreement. Notwithstanding the foregoing, all rates are subject to a fuel and material surcharge.
ARTICLE VI - PAYMENTS
Payment shall be made by customer upon receipt of an invoice from TFC Recycling. If the customer fails to make payment within 30 days of the invoice date, service will be suspended and the TFC Recycling cart will be picked up at the convenience of TFC Recycling and Customer will be in breach of this agreement. See ARTICLE VII.

ARTICLE VII - LIQUIDATED DAMAGES
In the event Customer terminates this Agreement prior to the expiration of its term, Customer agrees to pay TFC Recycling as liquidated damages, and not as a penalty, a sum equal to the total of Customer's monthly charge for the most recent months, or, if Customer has not been serviced for thirty (30) days, Customer's most recent monthly charge multiplied by three. In the event Customer fails to pay TFC Recycling any and all amounts which become due under this Agreement, or fails to perform its obligations hereunder and TFC Recycling refers such matter to an attorney, Customer agrees to pay, in addition to the amount due, any and all of the costs incurred by TFC Recycling as a result of such action, including reasonable attorney fees or other collection costs.

ARTICLE VIII - SUSPENSION AND TERMINATION FOR CAUSE
If, during the term of this Agreement, either party shall be in breach of any provision of this Agreement, the other party may suspend or terminate its performance hereunder until such breach has been corrected; provided, however, that no termination shall be effective unless and until the complaining party has given written notice of such breach to the other party and the other party has failed to cure such breach within at least ten (10) days thereafter. In the event any such breach remains uncured for a period of ten (10) days, the complaining party may terminate this Agreement by giving the other party written notice of such termination: which shall become effective upon receipt of such notice.

ARTICLE IX - EXCUSED PERFORMANCE
Neither party hereto shall be liable for its failure to perform or delay in performance hereunder except for the payment of service fees owed due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, compliance with laws or governmental orders, fires and acts of God including snow and ice, which at Company's discretion, constitute unsafe working conditions for its employees.

ARTICLE X - BINDING EFFECTS
This Agreement is a legally binding contract on the part of the Company and Customer and their respective heirs, successors and assigns, in accordance with the terms and conditions set out herein the interpretation of which is governed by the laws of the Commonwealth of Virginia. Customer may not assign this Agreement without TFC Recycling prior written consent.

ARTICLE XI - ENTIRE AGREEMENT
This Agreement represents the entire understanding and agreement between the parties hereto and supersedes any and all prior agreements, whether written or oral, that may exist between the parties regarding same. The parties may only amend this Agreement pursuant to a writing signed by both parties or pursuant to changes in the service levels and/or rates the acceptance of which is evident by the actions and practices of the parties.