§ 6-06 Agreements and Contracts with Customers; Service to Customers.
RCNY § 6-06
(a)Trade waste removal providers. A trade waste broker may only arrange for trade waste removal services to be provided by haulers licensed by the Commission, in accordance with § 16-505 of the Code.
(b)Term and form of contract; requirements; service and discontinuation of service; increase of rates.
(1)A contract for the services of a trade waste broker entered into after the effective date of this rule shall not exceed two (2) years in duration.
(2)A written contract to provide the services of a trade waste broker that contains no provision regarding duration must be terminable at will by either party upon fourteen (14) days' written notice to the other party.
(3)An oral agreement between a customer and a trade waste broker must be terminable at will by either party upon fourteen (14) days' written notice to the other party.
(4)Where a broker is arranging for an agreement between a customer and a licensee, a written contract must provide that the licensee will arrange for removal of the customer's waste from the location designated by the customer, and state the time the waste removal will begin and the rate the customer will pay the licensee. Where the services to be provided by the broker also include evaluation or analysis of the waste stream, the written contract must provide a brief description of such evaluation or analysis the broker will perform and the rate the customer will pay to either the broker or the licensee. Nothing in this provision should be construed to prevent a broker from negotiating terms at variance with the standard form contract, except that a broker shall not vary such contract in any manner inconsistent with Chapter 1 of Title 16-A of the Code or any provision of these rules.
(5)A trade waste broker must comply with the terms of service and any other terms set forth in the written contract or oral agreement with the customer. A contract agreed to in writing should not be altered without the written agreement of the customer or authorized representative.
(6)The broker must provide the customer with any other additional informational notices required by the Commission throughout the term of service to the customer by the broker.
(c)Written contract. At the time service to a customer is commenced, the trade waste broker must take all steps necessary to attempt to reach an agreement with the customer on the terms and conditions of the service to be provided. Within forty (40) days of the commencement of service, the broker must prepare a written contract that clearly and legibly sets forth the terms and conditions of the agreement negotiated by the broker and the customer and deliver such contract to the customer. The contract must provide that it is only effective upon being dated and signed by the broker and the customer or authorized representative. Additionally, the contract must specify that a change of any term or condition of such contract must be made in writing, dated, and signed by both the broker and the customer or authorized representative before such term or condition takes effect. The proposed contract offered by the trade waste broker must be accompanied by a notice that states: "You are not required to sign this contract. If you have any questions or complaints, call the Business Integrity Commission at (212) 437-0600." The broker must provide one (1) copy of such signed and dated contract and a copy of any signed and dated amendments to the customer or authorized representative.
(d)Customer's decision not to sign a written contract. A customer is not required to sign a written contract. In the event a customer fails or refuses to sign a contract that has been tendered to the customer, pursuant to Subdivision (c) of this section a broker will be deemed to have complied with such subdivision if the broker complies with the requirements in Paragraphs (1) through (3) of this subdivision. Where a written contract with a customer has not been obtained by the trade waste broker, the broker must: (1) Demonstrate that a written contract has been tendered to the customer in accordance with Subdivision (c) of this section, within forty (40) days of the commencement of service; (2) Keep a copy of the contract tendered on file along with the signed returned postal receipt for a period of one (1) year after service to the customer ends; and (3) Make available to the Commission upon its request a copy of the contract and the return receipt.
(e)Liability for negligence. No contract or contract amendment between a broker and a customer may provide that the broker is exempt from liability for damage caused by the broker's negligence or the negligence of any of its agents.
(f)Standard bills, statements, invoices.
