Terms and Conditions (Updated 12.14.23)
These Standard Terms and Conditions (“Standard Terms”), constitute the service agreement (“Agreement”) between Retrievr and any user of its services (“Customer”). By submitting information to Retrievr via its website or otherwise, requesting the services of Retrievr, or by accepting any services from Retrievr, whichever comes first, Customer agrees to be bound by this Agreement.
REMOVAL AND RECYCLING SERVICES
Retrievr agrees to collect and remove from Customer’s home, office, or other designated location (“Premises”), the items (“Customer Materials”) set forth in the customer request (hereinafter the “Services”).
Customer Materials shall not include any personal property which would result in the violation of any law or regulation of any governmental authority, including, without limitation, all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters (“Prohibited Materials”). For purposes of this Agreement, “Hazardous Materials” shall include but not be limited to any hazardous or toxic chemical, gas, liquid, substance, material or waste that is or becomes regulated under any applicable local, state or federal law or regulation.
OWNERSHIP AND TRANSFER OF TITLE TO CUSTOMER MATERIALS; DISPOSAL OF CUSTOMER MATERIALS
Customer Represents and Warrants that Customer owns all legal right, title, and interest in and to the Customer Materials or has secured the right to transfer to Retrievr all legal right, title, and interest in and to the Customer Materials. All legal right, title, and interest in and to the Customer Materials shall pass to Retrievr upon Customer’s submission requesting services and Retrievr’s act of taking physical possession of the special Customer material(s). Thereafter, the Retrievr may recycle, or dispose of Customer Materials at its sole and absolute discretion.
RIGHT TO ENTER, ACCESS
Customer represents and warrants that Customer (i) has an ownership interest in the Premises upon which the Retrievr shall enter to retrieve the Customer Materials and/or that Customer is an authorized agent of the owner(s) of such Premises; and (ii) has the right and authority to permit Retrievr’s unrestricted entrance upon the Premises. Customer authorizes Retrievr to (i) drive on Customer’s lawn or other non-paved areas to retrieve the Customer Materials from the area(s) designated by Customer, or (ii) drive on a paved surface. In either case, the Customer assumes full risk for all damage resulting from the Retrievr’s entrance onto the area(s) designated by the Customer and relieves Retrievr from any responsibility for such damage. Additionally, the Customer acknowledges that Retrievr recommends against driving on Customer’s lawn or non-paved, and certain paved, areas.
RECYCLING DISPOSING OF ITEMS
Retrievr reserves the right to recycle or dispose of items in the best manner possible. While we always strive to recycle and donate as much as possible, we cannot guarantee that all items will be recycled or donated. Certain circumstances can and do prevent Retrievr from doing so.
EXEMPTION FROM LIABILITY
Retrievr and Retrievr’s agents will have no liability for claims or losses resulting from Customer’s failure to comply with these Terms and Conditions, including but not limited to Customer’s inclusion of Prohibited Materials among the Customer Materials.
Except in the case of the Retrievr’s gross negligence or willful misconduct, Retrievr and Retrievr’s agents will have no liability for any damage to, or loss of any of Customer’s property while Retrievr is engaged in removing the Customer Materials, from any cause whatsoever.
Except in the case of Retrievr’s gross negligence or willful misconduct, Retrievr and Retrievr’s agents shall not be liable to Customer for injury or death suffered by any person including Customer’s guests or invitees, occurring in or about Customer’s Premises, even if such injury or death is caused by the acts or omissions or negligence of Retrievr, or Retrievr’s agents or employees.
Any Retrievr liability resulting from instances of the negligence of Retrievr, or Retrievr’s agents or employees, shall be limited to the amount of the actual damage incurred. Retrievr’s liability to Customers is limited to all instances to the sum paid by that Customer to Retrievr, to the maximum amount permissible by law.
In the event that Customer shall fail to pay any amounts due Retrievr under this Agreement or shall fail to comply with any term, provision or covenant contained herein (an “Event of Default”), Retrievr shall have the right at its election, then or at any time thereafter while such Event of Default continues, to pursue any remedy provided for under applicable laws under this Agreement. ALL EXPENSES INCURRED BY COMPANY CONNECTED WITH THE COLLECTION OF ANY AND ALL OUTSTANDING BALANCES OWED BY CUSTOMER WILL BE ASSESSED TO THE CUSTOMER (INCLUDING REASONABLE ATTORNEY’S FEES AND OTHER EXPENSES). Retrievr’s remedies are cumulative, and any or all thereof may be exercised instead of or in addition to each other or any other remedies legally available to Retrievr.
RELEASE OF CUSTOMER INFORMATION
The customer hereby authorizes the Retrievr to release any information regarding Customer and the Customer Materials, including but not limited to all information provided by Customer to Retrievr, as may be required 1) to perform the requested services, or 2) by law or requested by governmental authorities or agencies, law enforcement agencies or courts including but not limited to officials from local and state code enforcement agencies.
Customer will indemnify, hold harmless, and defend Retrievr, its agents and employees, from all claims, demands, actions, or causes of action whatsoever that are hereafter brought or made by others arising out of, or connected in any way with Retrievr’s removal of the Customer Materials, other than claims based upon the gross negligence or willful misconduct of Retrievr, its agents or employees. This indemnity obligation specifically extends to any actions, orders, penalties, or enforcement procedures made or brought by any governmental agency in connection with any Customer Materials.
GOVERNING LAW/JURISDICTION/WAIVER OF JURY TRIAL
This Agreement shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under New York law, but, if any provision of this Agreement shall be invalid or prohibited under New York Law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Agreement. Customer agrees to waive their rights to a jury trial for any and all claims made against or through Retrievr. Any claims by Customer arising under the Agreement must be brought in a court of competent jurisdiction located in the geographic area in which the Retrievr has its original place of business at the time of commencement of litigation proceedings. The customer waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude the Customer or Retrievr from bringing an action to enforce any judgment or judicial order in any other jurisdiction.
Failure by either party at any time to require performance by the other party or to claim a breach of any provision of the Agreement will not be construed as a waiver of any subsequent breach or affect the effectiveness of the Agreement, nor prejudice either party with regard to any subsequent action.
Retrievr shall not be held liable for any delay, interruption, or failure to perform any of its obligations under the Agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.
All of the provisions of the Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto.
The Agreement, together with the Customer’s website submission and terms thereon, sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understanding with respect thereto. There are no representations, warranties, or agreements by or between the parties, which are not fully set forth in the Agreement, and no representative of Retrievr or Retrievr’s agents is authorized to make any representations, warranties or agreements other than as expressly set forth herein.and