On February 19, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Buffalo Biodiesel Inc.,
and
Caribba Foods Llc
D B A Crab Shack Caribba,
for Commercial - Contract
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 02/19/2020 06:59 PM INDEX NO. 802440/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/19/2020
EXHIBIT B
FILED: ERIE COUNTY CLERK 02/19/2020 06:59 PM INDEX NO. 802440/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/19/2020
Buffalo Bioa'iesei inc.
225 Sawyer Ave
Tonawanda NY 14150
Phone: 716-408-1399
e
1-800-986-0919
Fax:
eeuea o od eset.com
, a e s
Biodiesel litc.
dUf falo
New Supplier: You are joining
Dear oiL
waste cooking
Biodiesel. Inc., to se!! your
with Buffalo used cooking on mto
vou for contracting 100% of your
to personaliv
thank decision to recycle
. want suppliers in making the
15,000 other
our approximately
American-made biofuel. place. As a
Please keep it in a safe
purchase agreement.
sale and addea to ine
our fully
executed us. Nothing has been
enclosed a copy of agreement between
Please find the emire
exclusive. and it represents
reminder. this contract is
contract.
that is not written on the
agreement or promised
. . .. . . -
the items listêc Delow.
transition. please note equipment level
smooth when your
in order for a in for pickups or your
staff should be calling pickups. Upon review
Call, and your
e Your account is on Will of the equipment and emergency
acove a cenam
overt;ows volumes
80‰90% full. This will prevent establishes consistent conectwn
reaches your business we wili notity you m
regular pickups if required. and
we may initiate sis category as
account. accoums in and out of
right to move
threshold. We reserve the
status of your account.
change in the can sink into
writing if there is a is on wheels
which
ground. Vat equipmem
and LEVEL while not on
be placed on HARD incline. Drums.
= Our equipment
must are placed on an
ñdi. Vats can also roll if they
when the equipment is
sch g-ound be kept level.
soñ ground, and should
can also sink into reason.
wheels,
reach it for collection. if, for any
at all times so that our stañcan
must be accessible for special
pickups.
o The equipment a~angements
accessible at all times y ou must make
equipment cannot be
costructions. Make sure inan
·
clear ot deens, clean and Iree or
our equipment when you dump c
v2 ou are responsible to keep cause oil to splash out
dumo ci!. Garbase on the screen wiii
añer they screen is
staf CLEAN the screens prevemable if you ensure the
reSponsible Io clean. but is fully
win maKe a mess Wnich you wW De
im3
for dirty equipment. are yours alone.
violations
clean. Any health department
retrievina them for vou. W
container. Make sure your staff are
receipts in a pouch on your
• Vve leave collection them in your mailbox. (Ÿou wi
receipts. and we are prevented by law from putting
will not walk mside to deliver amounts from the receiDts. If vou
which shows the collection dates and
get a summary repon with your payments
summarv reports with the sarne information.)
your receipts you wil! stlu get the
in vats. If it is not pumpable. we must use
.r r for it to be collected
. co --t se actual equipment each time, as opposed to emptying the vai.
o r o at o o
e C ntracting. we wii.1 mail out the removal request forn
..Î;.. .
d both er i .e any competitors ignore the requests or refuse the
emov. m-.g.... _.
-. ...o. co annem within a month. Diease contact them directiv an
have them remove it. If they still refuse OL eques: to remove
c
:
n. US at WWW bu
From the desk c. sumn: Majumdar
FILED: ERIE COUNTY CLERK 02/19/2020 06:59 PM INDEX NO. 802440/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/19/2020
Buffalo Biodiesel inc.
-.-- -
220 dawyer Ave
Tonawanda NY 14150
716-408-1399
Phone:
1-800-986-0919
Fax:
sumoueawomeseuom
man:
s
n it
BIODIESel IDC.
5UHB§O
from you. we
comp!ered form
receive that
notarizec. Once we
and
to be signed
Añidavit to Remove
send you an
free of
charge. responsible to ensure
equipment ,.
competitor's contract. You are ultimately
remove the duration or our
of the
for the length . competitor for the
chanaine
exclusive and binding .. .. cannot use any
agreement is Y ou also a business is
a Our . . isee above). discover
. . equipment is removed scare tactics
when they
interfere with. Don I be
competitor oñers and
ine resort to higher can't legally
competitors that they
contract. 1'Some entered a contract your oil supp!v.)
are aware you have lose when they lose
even though they tha: thev will payments ar.d
collectors. the monev periodie
iust trying to orotect ce!!. we may
schedule
communicate
are not
foolei They ent you do
pickups. In the ex you to proactiveb
payments and for
your needs. We encourage
call for suit
c You must not
some cases it may
own. but in
pickups on our but please
payments per year,
request up to 4 those
with Us You car Don't worg.
system. report.
tickets into our your payment
transcribe be on
days to or ma) not
c It takes 90 days old may
collections less than 90
remember that to you. he
DEVment. available
always
will be on the neXt While your rep is
collections have.
ensures your conection
issues you may numoer
for service cr any Ine 8uu
1-800-721-1427 issues. tanmg
• Please call service or i.o address
positioneo to ertect oned to de expect
oest bes pos please do not
or sne is not to the
empicyees
(i.e. a pickup)
issues get routed service request
requêSt or days.
have a regular done in 1-3
business
it. If you collections
back. please request with average
call
• If you need a queue the next day, out within 1-2 weeks.
pickups are put in mailed
Regular are usually
call back. queue the next
day. and
it and send
it to
document
requests are put into please
Payment in any way behavior.
unprofessional
smoothly. if you are unhappy concerns. such as
everything to go serious
I expect have any
e Although email. if you
mail, fax, or delay.
by
certified
directly and without
us in writing reach out to me
please
or injuries. jus
accidents, spliis, to 85% or
CO2 emissions by up
oil reduces state
made fromused cooking suppliers across 10
tsiodieset 15,000 other
alifomia Govemmem, the approximately . . global
m to the for joining - . cOUntiv and the
a°k You , cOmmunities. tNs
n. 4:-T ,
erenwe to our
wt+ im m
Deer, workmg
vears. nave . . .
. w:tn ve o
i. c partnerma
oON tol varG to
.. enn
-. ..v..
Best regards,
Sumit Majumdar
President
Buffalo Biodiesel. Inc.
Enc1: 2
Visit us at: www.buffa!cbiodiesel.com
From the desk of Sumit Majumdar
Document Filed Date
February 19, 2020
Case Filing Date
February 19, 2020
Category
Commercial - Contract
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: ERIE COUNTY CLERK 02/19/2020 06:59 PM INDEX NO. 802440/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/19/2020 EXHIBIT B FILED: ERIE COUNTY CLERK 02/19/2020 06:59 PM INDEX NO. 802440/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/19/2020 Buffalo Bioa'iesei inc. 225 Sawyer Ave Tonawanda NY 14150 Phone: 716-408-1399 e 1-800-986-0919 Fax: eeuea o od eset.com , a e s Biodiesel litc. dUf falo New Supplier: You are joining Dear oiL waste cooking Biodiesel. Inc., to se!! your with Buffalo used cooking on mto vou for contracting 100% of your to personaliv thank decision to recycle . want suppliers in making the 15,000 other our approximately American-made biofuel. place. As a Please keep it in a safe purchase agreement. sale and addea to ine our fully executed us. Nothing has been enclosed a copy of agreement between Please find the emire exclusive. and it represents reminder. this contract is contract. that is not written on the agreement or promised . . .. . . - the items listêc Delow. transition. please note equipment level smooth when your in order for a in for pickups or your staff should be calling pickups. Upon review Call, and your e Your account is on Will of the equipment and emergency acove a cenam overt;ows volumes 80‰90% full. This will prevent establishes consistent conectwn reaches your business we wili notity you m regular pickups if required. and we may initiate sis category as account. accoums in and out of right to move threshold. We reserve the status of your account. change in the can sink into writing if there is a is on wheels which ground. Vat equipmem and LEVEL while not on be placed on HARD incline. Drums. = Our equipment must are placed on an ñdi. Vats can also roll if they when the equipment is sch g-ound be kept level. soñ ground, and should can also sink into reason. wheels, reach it for collection. if, for any at all times so that our stañcan must be accessible for special pickups. o The equipment a~angements accessible at all times y ou must make equipment cannot be costructions. Make sure inan · clear ot deens, clean and Iree or our equipment when you dump c v2 ou are responsible to keep cause oil to splash out dumo ci!. Garbase on the screen wiii añer they screen is staf CLEAN the screens prevemable if you ensure the reSponsible Io clean. but is fully win maKe a mess Wnich you wW De im3 for dirty equipment. are yours alone. violations clean. Any health department retrievina them for vou. W container. Make sure your staff are receipts in a pouch on your • Vve leave collection them in your mailbox. (Ÿou wi receipts. and we are prevented by law from putting will not walk mside to deliver amounts from the receiDts. If vou which shows the collection dates and get a summary repon with your payments summarv reports with the sarne information.) your receipts you wil! stlu get the in vats. If it is not pumpable. we must use .r r for it to be collected . co --t se actual equipment each time, as opposed to emptying the vai. o r o at o o e C ntracting. we wii.1 mail out the removal request forn ..Î;.. . d both er i .e any competitors ignore the requests or refuse the emov. m-.g.... _. -. ...o. co annem within a month. Diease contact them directiv an have them remove it. If they still refuse OL eques: to remove c : n. US at WWW bu From the desk c. sumn: Majumdar FILED: ERIE COUNTY CLERK 02/19/2020 06:59 PM INDEX NO. 802440/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/19/2020 Buffalo Biodiesel inc. -.-- - 220 dawyer Ave Tonawanda NY 14150 716-408-1399 Phone: 1-800-986-0919 Fax: sumoueawomeseuom man: s n it BIODIESel IDC. 5UHB§O from you. we comp!ered form receive that notarizec. Once we and to be signed Añidavit to Remove send you an free of charge. responsible to ensure equipment ,. competitor's contract. You are ultimately remove the duration or our of the for the length . competitor for the chanaine exclusive and binding .. .. cannot use any agreement is Y ou also a business is a Our . . isee above). discover . . equipment is removed scare tactics when they interfere with. Don I be competitor oñers and ine resort to higher can't legally competitors that they contract. 1'Some entered a contract your oil supp!v.) are aware you have lose when they lose even though they tha: thev will payments ar.d collectors. the monev periodie iust trying to orotect ce!!. we may schedule communicate are not foolei They ent you do pickups. In the ex you to proactiveb payments and for your needs. We encourage call for suit c You must not some cases it may own. but in pickups on our but please payments per year, request up to 4 those with Us You car Don't worg. system. report. tickets into our your payment transcribe be on days to or ma) not c It takes 90 days old may collections less than 90 remember that to you. he DEVment. available always will be on the neXt While your rep is collections have. ensures your conection issues you may numoer for service cr any Ine 8uu 1-800-721-1427 issues. tanmg • Please call service or i.o address positioneo to ertect oned to de expect oest bes pos please do not or sne is not to the empicyees (i.e. a pickup) issues get routed service request requêSt or days. have a regular done in 1-3 business it. If you collections back. please request with average call • If you need a queue the next day, out within 1-2 weeks. pickups are put in mailed Regular are usually call back. queue the next day. and it and send it to document requests are put into please Payment in any way behavior. unprofessional smoothly. if you are unhappy concerns. such as everything to go serious I expect have any e Although email. if you mail, fax, or delay. by certified directly and without us in writing reach out to me please or injuries. jus accidents, spliis, to 85% or CO2 emissions by up oil reduces state made fromused cooking suppliers across 10 tsiodieset 15,000 other alifomia Govemmem, the approximately . . global m to the for joining - . cOUntiv and the a°k You , cOmmunities. tNs n. 4:-T , erenwe to our wt+ im m Deer, workmg vears. nave . . . . w:tn ve o i. c partnerma oON tol varG to .. enn -. ..v.. Best regards, Sumit Majumdar President Buffalo Biodiesel. Inc. Enc1: 2 Visit us at: www.buffa!cbiodiesel.com From the desk of Sumit Majumdar