Goshen Customer's Bill of Rights
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Contract for Solid Waste Services
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between
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and
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Service Provider
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Customer
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Pursuant to Chapter 80B of the Laws of the Town of Goshen, the customer shall be entitled to the following rights which cannot be waived:
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1.
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This service contract shall not exceed two years in duration unless
the customer is a municipality.
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2.
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A service contract which provides for automatic renewal shall be terminable
by the customer, without penalty, on 30 days' written notice to the service
provider at any time during any renewal term of the service contract.
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3.
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The customer shall not be required to give the service provider more
than 30 days' notice of its intent to exercise its option to terminate or
its option to renew an existing service contract prior to the expiration of
such existing service contract.
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4.
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All service contracts shall be terminable by the customer, without penalty,
during the final 30 days of any regular service contract term or for the thirty-day
period following any and all proposals made to a customer by the service provider
with whom the customer currently contracts, where such proposal includes a
proposal for a new service contract prior to the end of the regular term of
the existing service contract.
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5.
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Any notice of service contract termination from the service provider
to the customer shall be in writing, unless otherwise requested by the customer.
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6.
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Any notice of service contract termination from the customer to the
service provider may be made by the customer or the customer's agent either:
in writing by facsimile or regular mail; or orally by a telephone call to
the service provider's office.
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7.
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In the event that the service provider's license to provide solid waste
services is suspended or revoked by the Town of Goshen Town Board, the service
provider shall notify the customer, in writing, within five business days
of the suspension or revocation.
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8.
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A customer who is notified, by the service provider or otherwise, of
the suspension or revocation of its service provider's license may, immediately
and without penalty, terminate this service contract.
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9.
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In the event of service contract termination prior to the end of any
regular contract term, the service provider shall not require the customer
to pay liquidated damages.
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10.
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The customer shall not be required to inform the service provider of
competitive offers which it may receive for the removal, collection or disposal
of refuse and recyclable materials.
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11.
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The customer shall not be required to give the service provider an opportunity
to match the terms of a competitive offer.
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12.
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The customer shall not be required to contract exclusively with the
service provider named herein for the removal of the customer's refuse and
recyclable materials. However, a municipal customer may request such an exclusivity
provision in its service contracts pursuant to its procurement policy.
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13.
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The service provider herein shall not discontinue service to the customer
unless at least 14 days' advance written notice has been given to such customer.
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14.
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The service provider shall give the customer no less than 30 days' advance
written notice of proposed rate increases. Upon receipt of such written notice,
a customer may terminate its service contract, without penalty, by giving
14 days' notice to the service provider.
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15.
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In the event that the service provider herein shall fail to comply with
any of the requirements provided above in connection with this contract for
solid waste services, the customer shall be entitled to, immediately and without
penalty, terminate this service contract. In the event that the customer believes
that such a failure to comply has occurred, the customer is urged to consult
with the Town of Goshen Town Board in order to clarify the customer's rights
and obligations pursuant thereto.
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16.
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All customers have the right and are encouraged to contact the Town
of Goshen Town Board to register a complaint against a service provider in
the event that the service provider fails to provide the services as agreed
under the service contract, fails to comply with the requirements outlined
in this Customer Bill of Rights or engages in any of the following prohibited
practices:
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(i)
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Makes a false or misleading statement to the customer or a prospective
customer;
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(ii)
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Threatens or attempts to intimidate a customer or a prospective customer;
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(iii)
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Imposes or attempts to impose liquidated damages upon a customer for
termination of a service contract;
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(iv)
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Retaliates against a customer or prospective customer that has made a complaint to the Town of Goshen Town Board or has exercised or attempted to exercise a right under Chapter 80B of the Laws of the Town of Goshen; or
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(v)
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Discourages a customer or prospective customer, who has a question or
inquiry concerning the customer's or the prospective customer's rights or
obligations concerning solid waste, from contacting the Town of Goshen.
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