Pricing Policy
Canada (Excluding Quebec)
This policy is designed 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 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 Canada, the Fuel Surcharge is tied to the “Canadian Average Retail Price for Diesel” (on a per litre basis) as listed on the Natural Resources Canada website using the peak weekly price per litre from the calendar month of the date of your invoice, unless your invoice is issued on the 15th of the month, in which case the peak weekly price per litre from the preceding calendar month is used (the “Canadian Retail Price”). This index is widely used in the trucking and transportation sector as a basis for fuel related pass through costs.
The Canadian Retail Price (as determined by the above index) is then referenced to the Canadian Fuel Surcharge Table to determine the percentage amount applied to your 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 Canadian Retail Price is equal to or falls below $0.70 per litre, which is our baseline fuel rate in Canada.
You should 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 the overall costs of fuel and petrochemical related products incurred on a regional or companywide basis and designed for us as a company to achieve an acceptable operating margin.
Canadian Fuel Surcharge Table
Environmental and Regulatory Surcharge
The Environmental and Regulatory 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 on a regional or companywide basis. 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 regional or companywide operations so that we can achieve an acceptable 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.
Container Maintenance
The Container Maintenance Fee on your bill is an amount that allows a customer 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 or are not assessed a Container Maintenance Fee on your bill, you will be charged an Exchange Fee equal to the rate listed on your Service Agreement 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. For example, in Canada, if the fuel component derived from the Canadian Fuel Surcharge Table is 15.08% (based on a Canadian Retail Price of $1.14 per litre), the Environmental and Regulatory Surcharge component is set at 19.5% and the total invoice amount is $100, the total Fuel & Environmental charge would be $34.58 (15.08% plus 19.5%).
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.
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 unless your service agreement expressly states consent must be provided for in a different manner.
Binding Arbitration
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 ADR Institute in the jurisdiction in which services are provided in accordance with its 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.
Waiver of Class Action Rights
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 or Waiver of Class Action Rights provisions above shall be done by a court, not an arbitrator.
Quebec
This policy is designed 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, 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 Canada, the Fuel Surcharge is tied to the “Canadian Average Retail Price for Diesel” (on a per litre basis) as listed on the Natural Resources Canada website using the peak weekly price per litre from the calendar month of the date of your invoice, unless your invoice is issued on the 15th of the month, in which case the peak weekly price per litre from the preceding calendar month is used (the “Canadian Retail Price”). This index is widely used in the trucking and transportation sector as a basis for fuel related pass through costs.
The Canadian Retail Price (as determined by the above index) is then referenced to the Canadian Fuel Surcharge Table to determine the percentage amount applied to your 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 Canadian Retail Price is equal to or falls below $0.70 per litre, which is our baseline fuel rate in Canada.
You should 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 the overall costs of fuel and petrochemical related products incurred on a regional or companywide basis and designed for us as a company to achieve an acceptable operating margin.
Canadian Fuel Surcharge Table
Environmental and Regulatory Surcharge
The Environmental and Regulatory 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 on a regional or companywide basis. 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 regional or companywide operations so that we can achieve an acceptable operating margin.
Charges Related to Quebec Government Landfill Levies (Redevance Enfouissement QC)
In the province of Quebec, all customers will see a charge related to levies imposed on waste disposal operators when disposing of materials at landfills. The specific charge imposed on your account may not directly correspond to the levy imposed by the Quebec government but is assessed by us based on the costs incurred on all our operations in the province of Quebec related to the levy. The charges are set at a level designed for us as a company to achieve an acceptable 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.
Container Maintenance
The Container Maintenance Fee on your bill is an amount that allows a customer 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 or are not assessed a Container Maintenance Fee on your bill, you will be charged an Exchange Fee equal to the rate listed on your Service Agreement 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. For example, in Canada, if the fuel component derived from the Canadian Fuel Surcharge Table is 15.08% (based on a Canadian Retail Price of $1.14 per litre), the Environmental and Regulatory Surcharge component is set at 19.5% and the total invoice amount is $100, the total Fuel & Environmental charge would be $34.58 (15.08% plus 19.5%).
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.
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 unless your service agreement expressly states consent must be provided for in a different manner.
Binding Arbitration
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 ADR Institute in the jurisdiction in which services are provided in accordance with its 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.
Waiver of Class Action Rights
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 or Waiver of Class Action Rights provisions above shall be done by a court, not an arbitrator.