By checking this box, I agree to the Service Agreement Terms below:
1.AGREEMENT TERM. The term of this agreement is three years from the date of execution, and will renew automatically on an annual basis for furtherone-year terms thereafter unless and until it is terminated by either party.
2.EXCLUSIVITY. The Client will supply its waste cooking oil only to Ergo, andto no other, for the duration of this agreement.
3.TERMINATION. Either Ergo of the Client may terminate this agreement (i)for cause, if the other party has breached a term of the Agreement; or (ii)on three months’ written notice to either party.
4.RECEPTACLE CARE & OWNERSHIP. Ergo will provide the Client with awaste vegetable cooking oil receptacle for the duration of this agreement.This receptacle will remain Ergo’s property. The Client will ensure that thisreceptacle is, at all times: (i) only ever used for storing waste cooking oil,and for no other purpose or for use by anyone else; (ii) stored in a securearea on the Client’s premises that is readily accessible by Ergo’s collectionvehicles; (iii) kept closed, locked, and secure from unauthorized persons,wildlife, and the outdoor elements; (iv) kept clean and sanitary. The areaaround the Receptacle must also remain clean and clear for safety andsanitation purposes.
5.OIL QUALITY & OWNERSHIP. The Client will ensure that its waste cookingoil is free from chemicals, garbage, and other contamination substances. IfErgo observes any contaminated oil in the provided Receptacle, Ergo mayrefuse to accept the oil, in which case the Client must dispose of the oil inthe receptacle by other means. Ergo will provide the Client with a stickerindication was is NOT to be included in the Receptacle to help preventcontamination. The waste cooking oil stored in the provided Receptacle isthe Client’s responsibility until Ergo collects it from the receptacle, at whichpoint ownership and responsibility for the collected oil transfers from theClient to Ergo.
6.LIMITATION OF LIABILITY. Ergo Inc. is not liable for any damage caused bythe Client Partner’s failure to meet its obligations under this agreement, orfor any damage caused by the Client Partner’s negligence. Any liability onErgo Inc. under this agreement, however it arose, is limited, absolutely, to amaximum of $300.
7.DAMAGE AND ACCIDENTS. The Client must immediately report via phoneto Ergo any damage to or problem with the Receptacle. If such a report ismade, Ergo will address the problem within five business days. The Clientis solely responsible for any accidents, spill, or damage to persons, theenvironment, or property where the Receptacle or its contents are involved,unless: (i) it occurred as a direct result of Ergo’s negligence in collecting theoil from the Receptacle, or (ii) it occurred as a direct result of a faulty,deficient or damaged Receptacle that had been reported to Ergo and Ergo failed to repair or replace the Receptacle within five business days ofreceiving the report from the Client. In the event of a spill from theReceptacle, or if the area around the Receptacle requires oil cleanup, the
Client may request the assistance of Ergo in cleaning up the spill at the Client’s expense. Ergo may, at its discretion, offer to assist the Client Partner with a spill, but will under no circumstances be liable or responsible in any way whatsoever for that spill or in respect of the cleanup, unless Ergo commits gross negligence in the course of the cleanup assistance. In such a case, Ergo will be responsible for only the portion of any damage that its gross negligence actually caused. Should a spill occur, contact Superior Steam & Vac at 250-744-8884. A spill tray can be purchased at the Client’s expense to sit under the Receptacle. Maintenance and cleanliness of the spill tray are the Client’s responsibility. Spill trays can be purchased from West Coast Spill Supplies at 1-888-548-3800.
8.COST FOR SERVICE. Ergo will collect waste cooking oil from the providedReceptacle at no cost to the Client. Collection frequency will be determinedby Ergo. The Client must notify Ergo if the Receptacle is more than three-quarters full.