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Medical Sharps Disposal Service Agreement

Please review the following terms and conditions applicable to your use of the Medical Sharps Disposal Service (the “Service”) offered by Republic Services Alliance Group, Inc. (“Republic”).  By placing an order for the Service, you signify that you agree to adhere to and be bound by the terms and conditions in this Medical Sharps Disposal Service Agreement (this “Agreement”) as well as the User Agreement and Terms of Use and Website Privacy Policy on this website, which are incorporated herein by reference.  This Agreement may be modified from time to time in the sole discretion of Republic.  If you do not agree to be legally bound by this Agreement, you are not permitted to use the Service.

The Service.  The Service allows you to dispose of medical waste and specifically medical sharps that constitute Acceptable Medical Waste as defined in this Agreement.  “Acceptable Medical Waste” means home generated needles and other sharps used in connection with medical services including needles and syringes, razor blades, orthodontic wires, scalpel blades and lancets, glass pipettes, slides and tubes, broken, contaminated glass, staples and wires (cardio-catheter wires), disposable suture sets and biopsy forceps and electrocautery tips, as defined under federal, state and local laws, rules, regulations and guides.  Only Acceptable Medical Waste is allowed as part of the Service.  You are prohibited from disposing of Excluded Waste through the Service.  “Excluded Waste” includes blood or other bodily fluid, medication/pharmaceutical waste, canisters, inhalers or aerosols, soft waste (e.g., gloves, gauze, tubing, etc.), fixatives and preservatives any EPA hazardous RCRA pharmaceuticals, bulk chemotherapy waste, waste containing mercury or other heavy metals, batteries of any type, dental waste not specifically identified as Acceptable Medical Waste, chemicals such as solvents, reagents, corrosives or ignitable materials classified as hazardous waste under federal and state EPA regulations and bulk liquids (trace liquids must be contained via solidifier prior to mailing), radioactive materials, complete remains and any other material that is not specifically identified in this Agreement as Acceptable Medical Waste.  To ensure that you or Republic does not violate any applicable regulations, it is important that you understand the rules regarding proper identification, classification, segregation and packaging of regulated medical waste.  This Agreement includes the minimal requirements for handling Acceptable Medical Waste.  Additional policies may apply based on local facility or state specific policies and regulations.

Shipping.  In using the Service and placing an order, you represent and warrant that all information provided is true and accurate.  You further acknowledge that all orders are final and unused Kits (as defined below) cannot be returned for refund.  

As part of the Service, you will be provided with an approved container, shipping box, mailing label and instructions (the “Kit”).  Any Acceptable Medical Waste must be placed in the Kit in strict accordance with the instructions and mailed using the supplied label.  You agree that you will not include any personally identifiable information in the Kit.  You may not use the Service for (i) Kits or other containers that are determined to include Excluded Waste or other nonconforming waste, (ii) collection of Acceptable Medical Waste that is not in the Kit, (iii) collection of Acceptable Medical Waste in a Kit that does not have the supplied label, or (iv) collection of Acceptable Medical Waste in a Kit that is not properly packaged and sealed or does not otherwise comply with the supplied instructions.  You are solely responsible for all Acceptable Medical Waste prior to deposit with the United States Postal Service or other approved carrier and for any Excluded Waste or other non-conforming waste, whether refused for collection or returned to you for proper disposal after deposit with the United States Postal Service or other approved carrier.  Title and risk of loss for Acceptable Medical Waste will only pass from you upon receipt and acceptance of the Kit.  Republic will never take title to Excluded Waste and title and risk of loss shall remain with you.   

You agree to comply with all federal and state laws, rules and regulations applicable to your handling of Acceptable Medical Waste and your performance under this Agreement, including, without limitation, all applicable record keeping, documentation and manifesting requirements.  

Liability.  You are liable for all injuries, losses and damages that result from any Excluded Waste or other non-conforming waste that you provide for collection, transport, treatment or disposal.  Republic reserves the right to bill you for additional amounts for any Kit or other container containing Excluded Waste or other non-conforming waste, any Kit exceeding its maximum weight, shipping material in the wrong container, shipping charges beyond the amounts prepaid for any prepaid label, any cancellation fee or any costs or expenses incurred by Republic as a result of your failure to comply with this Agreement.  In addition, Republic may suspend your access to the Service for non-compliance with the terms and conditions even if you have already paid for the Service and the containers.

REPUBLIC MAKES NO WARRANTY REGARDING THE SERVICES AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  UNDER NO CIRCUMSTANCES SHALL REPUBLIC OR ITS SUPPLIERS, AFFILIATES, OFFICERS, AGENTS, SHIPPERS, CONTRACTORS OR THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS), WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW, IN CONNECTION WITH, OR IN ANY WAY ARISING OUT OF THE SERVICES.  THE TOTAL LIABILITY OF REPUBLIC AND ITS SUPPLIERS, AFFILIATES, OFFICERS, AGENTS, SHIPPERS, CONTRACTORS OR THIRD PARTY PROVIDERS IN CONNECTION WITH THE SERVICES OR ANY OTHER MATTER RELATING TO THIS AGREEMENT (WHATEVER THE BASIS FOR THE CAUSE OF ACTION) SHALL NOT EXCEED THE FEES THAT YOU ACTUALLY PAID TO REPUBLIC FOR THE SERVICES.       

Excuse of Performance.  Republic shall not be responsible for performance of this Agreement if it is interrupted or delayed by contingencies beyond its control, including without limitation, acts of God, war, blockades, riots, explosion, earthquakes, strikes, lock outs or other labor industrial disturbances, fires, accidents to equipment, injunctions or compliance with laws, regulations, guidelines or orders of any governmental body or instrumentality thereof whether now existing or hereafter created, and Republic is excused from performance during the course of such events.

Indemnification.  Provided that you have complied with all the terms of this Agreement, Republic will indemnify and hold you harmless from or against any liabilities arising from Republic’s gross negligence or willful misconduct in the performance of its obligations under this Agreement.  You agree to indemnify and hold harmless Republic, its affiliates, and its and their directors, officers, employees, agents, successors and assigns from any liabilities from the use, packing or shipping of the Kit or other container, any contents packaged in the Kit or other container, the inclusion with the Kit or other container of personally identifiable information and the disclosure thereof, or any breach of the terms of this Agreement or any violation of any applicable city, county, state or federal law, rule or regulation.

General Terms.  This Agreement and any amendments or other rules and regulations posted on the website, including but not limited to the User Agreement and Terms of Use and Website Privacy Policy, constitute the entire agreement between you and Republic with respect to participation in the Service and supersedes all prior negotiations, representations, understandings or agreements, whether written or oral with respect to the subject matter of this Agreement.  In the event of a conflict between the terms and conditions of this Agreement and the User Agreement and Terms of Use or Website Privacy Policy, the terms and conditions of this Agreement will control.  This Agreement is construed in accordance with the laws of the state of Arizona without regard to its conflicts of law principles or rules, though the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the arbitration provision below.  
   
Arbitration.

  1. Republic and you agree to arbitrate all disputes and claims between us. This arbitration provision also survives termination of this Agreement.  References to “Republic,” “you,” and “us” include our respective parents, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.  Notwithstanding the foregoing, you or Republic may bring an individual action in small claims court.  
  2. By entering into this Agreement, you and Republic each waive the right to a trial by jury or to participate in a class action.  YOU AND REPUBLIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A NAMED PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  The arbitrator may award all relief or remedies available in court, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.  If this paragraph B is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
  3. The arbitrator, and not any court or agency, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable.
  4. The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, will govern the arbitration.  The AAA Rules are available online at www.adr.org/consumer_arbitration, by calling the AAA at 1-800-778-7879, or by writing to this Notice Address:  Republic Services, 18500 North Allied Way, Phoenix, Arizona, 85054, Attention:  General Counsel.  AAA will administer the arbitration, and you may file a demand for arbitration at www.adr.org.  After Republic receives notice at the Notice Address that you have commenced arbitration, it will reimburse you the filing fee you paid, unless your claim is for more than $75,000.  
  5. Unless Republic and you agree otherwise, any in-person arbitration hearings will occur within 100 miles of your service address, with the preference that it occur in the county/parish of your service address.  If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator (“desk arbitration”), through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  The arbitrator conducting a desk arbitration or telephonic hearing may be located anywhere in the United States.  If your claim exceeds $10,000, the AAA Rules govern whether a hearing occurs.  Except as otherwise provided for herein, Republic (1) will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with this arbitration provision and (2) will not seek an award of its attorney’s fees.  If the arbitrator finds that the substance of your claim or the relief you seek is frivolous, however, then the AAA Rules will govern the payment of all fees, and Republic may seek an award of its reasonable attorney’s fees.  Furthermore, if you initiate an arbitration seeking more than $75,000 in damages, the AAA Rules govern the payment of all fees.
  6. If Republic changes this arbitration provision (other than a change to the Notice Address) during the term of your Service commitment, you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

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