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Lucy, Esq.
Lucy, Esq., Attorney
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Is this breach of contract/agreement? 5/17/13 Waste Management

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Is this breach of contract/agreement? 5/17/13 Waste Management Wisconsin Customer Service Rep provided an email quote for weekly trash and recycle service. I accepted their pricing and paid for 1 yr. service, vai email. They processed my payment on 6/6/13. June 20th inquired via phone the 2nd time, why a 64 gallon trash bin was dropped off at my home the week before. Already had a 32 gal. bin and thought it was an error. Was advised this large container was for recycling and WM had now moved to a every other week for recycle pickup. I advised WW Customer Service to pickup the 64 gal. container, didn't want such a large container and would continue to use the WM recycle tote. Numerous phone calls to WM to get the 64 gal. recycle container picked up. WM Customer Service Rep sent me an email stating the larger recycle container is the only option or cancel WM recycle pickup and make other arrangements. Is this a breach of contact by Waste Management?

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Is there any language in the contract about the size of the bin, or any clause that would allow them to change the pickup frequency at their own discretion?
Customer: replied 4 years ago.
Here is the wording in the email states "weekly bin": 32 gallon trash container (hold 2-3, 13 gallon kitchen size trash bags) with weekly bin service for recycling; approx. $69.81 every 3 months; (first invoice is higher, as there is a $25.00, plus tax, set up fee; estimated first invoice is $105.00. This fee is only charged once).
Yearly rate approx. $239.64.
Then, yes, that is a breach of the contract. They're bound by the agreement that they signed, and they can only change it if (1) the contract says they can or (2) they agree.

The problem that you're faced with is that the remedy for breach of a services contract is monetary damages, not specific performance. A judge will not order them to perform the contract at the agreed terms if you have to go to court. What he would order you is the difference between the contract price and what you would have to pay another company to provide the same service, or the cost of damage to you of having bi-weekly pick-up instead of weekly (which could be difficult to quantify).

Another option is to try to use the contract to negotiate a different price, since they're not providing the service they promised, in an effort to avoid going to court, or let them know that they will be responsible for the difference if you're forced to seek service from another company. Letters may be more effective than a telephone call, but you can try to negotiate either way.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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