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Pricing Policy
USA (Excluding Florida)
This Pricing Policy applies to all contracts for service in the USA which incorporate the terms of this policy, except contracts for services within the State of Florida. This policy is designed to help you understand some of the charges on your bill. These charges may vary based upon your service location. Your invoice might include one or more of the following charges.
Fuel Surcharges
The Fuel Surcharge relates to the price of diesel and similar hydrocarbon-based fuels and related products used to operate our fleet of vehicles. This amount may fluctuate monthly.
Environmental and Regulatory Surcharges
Environmental and Regulatory Surcharges are in place to help us recover the ongoing and increasingly complex environmental and compliance costs associated with the high quality operation of all collection, transfer station, landfill, material recovery and waste-to- energy facilities.
Administrative or Invoice Fees
Administrative or Invoice Fees relate to the costs associated with generating invoices, processing your payments and other transaction fees that may be associated with your account.
Container Fees
Container fees are monthly charges providing you with the right to switch out a container once per year, for any reason, for one of the same size. If you wish to switch out a container more frequently, you will be charged a separate exchange fee.
Other Information
Each of the different surcharges and fees might be shown as separate line items on your invoices or combined on your invoices. You should be aware that none of the fees described in this policy are taxes imposed by and submitted to a governmental agency. These are charges used to recover costs incurred on a regional or company-wide basis and to recover operating margins.
The charges and any adjustments thereto might not be directly associated with increased costs of servicing your specific account; rather, the charges and any adjustments thereto might be based upon costs and expenses incurred on a regional or national basis.
Changes to this pricing policy may be made at any time. We will notify you of changes to our policy on your next applicable invoice (and at which time such changes shall be effective) and consent shall be deemed to be given upon payment of funds following such notice.
Binding Arbitration and Class Action Waiver
Except for Excluded Claims (as defined below), any disputes, controversies or claims arising out of or relating to this Pricing Policy, any agreement(s) between the parties, the breach of any such agreement(s), or any amounts paid or invoiced between the parties shall be resolved by mandatory binding arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (collectively "Rules"), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The following claims are not subject to mandatory binding arbitration (collectively, “Excluded Claims”): (A) either party’s claims against the other in connection with bodily injury, real property damage or hazardous or otherwise unacceptable waste materials (often referred to as “Excluded Waste”); (B) claims against the customer to collect past due charges, lost profits for terminating a contract early or liquidated damages as provided by contract; and (C) any other “Excluded Claims” as defined in a written agreement between the parties. This agreement to arbitrate is governed by the Federal Arbitration Act.
ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS OF ANY NATURE, WHETHER IN ARBITRATION OR OTHERWISE AND WHETHER RELATING TO THIS PRICING POLICY OR OTHERWISE, MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE PROCEEDING. ACCORDINGLY, EACH PARTY HEREBY WAIVES ANY AND ALL RIGHTS TO BRING OR JOIN ANY CLAIM OR ACTION AS A CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE PROCEEDING RELATING TO ANY DISPUTES, CONTROVERSIES OR CLAIMS BETWEEN THE PARTIES.
Notwithstanding anything to the contrary herein or in the Rules, any interpretation or adjudication related to the Binding Arbitration and Class Action Waiver provisions above shall be done by a court, not an arbitrator.
Florida
Waste Connections of Florida, Inc. and its affiliates in Florida are continually looking for ways to improve the value, quality and service we deliver to our customers. This policy is intended to help you understand some of the line items on your bill in an open and transparent manner, and to explain how we strive to control our costs and minimize the impact to our customers.
Fuel Surcharge
One of the line items on your bill is a Fuel Surcharge. This amount fluctuates monthly, and tracks changes (up and down) to the price of diesel and similar hydrocarbon-based fuels and related products used to operate our fleet of vehicles. The surcharge allows us to control such fuel costs so that we are able to maintain a reasonable operating margin for our business.
In the United States, the Fuel Surcharge is tied to the “US On-Highway Diesel Fuel Prices” (on a per gallon basis) as listed on the U.S. Department of Energy website using the peak weekly price per gallon from the preceding calendar month (the “US Retail Price”). This index is widely used in the trucking and transportation sector as a basis for fuel related pass through costs.
The US Retail Price (as determined by the above index) is then referenced to the Fuel Surcharge Table (shown below) to determine the percentage amount applied to your monthly invoice charges, before tax. Because the charge fluctuates with external prices, the charge will increase as the cost of fuel increases and will decrease when external fuel prices decrease. The fuel surcharge remains constant when the US Retail Price is equal to or falls below $1.44 per gallon, which is our baseline fuel rate in the United States.
Please be aware that the amount charged on your invoice is not directly associated with the cost of servicing your specific account; rather, it is based on overall cost of fuel and petrochemical related products incurred on a regional or market basis and designed for us to achieve an acceptable operating margin.
Environmental and Regulatory Surcharge
Unlike the Fuel Surcharge, the Environmental and Regulatory Surcharge does not fluctuate monthly. This surcharge is in place to help us recover the ongoing and increasingly complex environmental and compliance costs associated with the high quality operation of all collection, transfer station, landfill, material recovery and waste-to-energy facilities. Like the Fuel Surcharge, the Environmental and Regulatory Surcharge is not related to the specific costs of servicing your account, but on the costs incurred on all operations so that we can achieve a reasonable operating margin.
Administrative Fees
The Administrative Fee on your bill relates to the costs associated with generating invoices, processing your payments and other transaction fees that may be associated with your account. The price of such fee is set so that it covers such costs and allows us to achieve a reasonable operating margin.
Container
The Container Fee on your bill is a monthly amount to allow customers to switch out a container, for any reason, for one of the same size once per year. If you wish to switch out a container more frequently, you will be charged an Exchange Fee each time a container is switched at the service address site.
Calculation of Each Surcharge
Each of the different surcharges and fees will be shown as separate line items on your invoice. In some cases, we may combine the Fuel Surcharge and the Environmental and Regulatory Surcharge together and in each such case, the percentages of each component are simply added together to get a combined percentage that is applied to the total invoice amount, excluding tax.
Other Information
You should be aware that none of the fees described in this policy are taxes imposed by and submitted to a governmental agency. These are charges used to recover costs incurred on a company-wide basis and to help the company achieve an acceptable operating margin.
Changes to this pricing policy may be made at any time at our discretion and as circumstances may necessitate. We will notify you of changes to our policy on your next applicable invoice (and at which time such changes shall be effective) and consent shall be deemed to be given upon payment of funds following such notice unless your service agreement expressly states consent must be provided for in a different manner.
Binding Arbitration and Class Action Waiver
Except for Excluded Claims (as defined below), any disputes, controversies or claims arising out of or relating to this Pricing Policy, any agreement(s) between the parties, the breach of any such agreement(s), or any amounts paid or invoiced between the parties shall be resolved by mandatory binding arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (collectively "Rules"), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The following claims are not subject to mandatory binding arbitration (collectively, “Excluded Claims”): (A) either party’s claims against the other in connection with bodily injury, real property damage or hazardous or otherwise unacceptable waste materials (often referred to as “Excluded Waste”); (B) claims against the customer to collect past due charges, lost profits for terminating a contract early or liquidated damages as provided by contract; and (C) any other “Excluded Claims” as defined in a written agreement between the parties. This agreement to arbitrate is governed by the Federal Arbitration Act.
ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS OF ANY NATURE, WHETHER IN ARBITRATION OR OTHERWISE AND WHETHER RELATING TO THIS PRICING POLICY OR OTHERWISE, MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE PROCEEDING. ACCORDINGLY, EACH PARTY HEREBY WAIVES ANY AND ALL RIGHTS TO BRING OR JOIN ANY CLAIM OR ACTION AS A CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE PROCEEDING RELATING TO ANY DISPUTES, CONTROVERSIES OR CLAIMS BETWEEN THE PARTIES.
Notwithstanding anything to the contrary herein or in the Rules, any interpretation or adjudication related to the Binding Arbitration and Class Action Waiver provisions above shall be done by a court, not an arbitrator.
