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TERMS AND CONDITIONS |
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SERVICES:
CUSTOMER GRANTS TO COMPANY THE EXCLUSIVE RIGHT TO COLLECT
AND DISPOSE OF ALL OF CUSTOMER’S NON-HAZARDOUS SOLID WASTE MATERIALS
(INCLUDING RECYCLABLES) (COLLECTIVELY, "WASTE MATERIALS"), AND
COMPANY AGREES TO FURNISH SUCH SERVICES. TERM:
THE INITIAL TERM OF THIS AGREEMENT SHALL START ON THE DATE
OF THIS AGREEMENT AND CONTINUE FOR 36 MONTHS THEREAFTER. THIS AGREEMENT SHALL
AUTOMATICALLY RENEW FOR SUCCESSIVE 12 MONTH TERMS UNLESS EITHER PARTY GIVES
WRITTEN NOTICE OF TERMINATION TO THE OTHER AT LEAST 30 DAYS BEFORE THE END OF
THE THEN CURRENT TERM. ANY NOTICE OF TERMINATION UNDER THIS AGREEMENT BY
CUSTOMER SHALL BE VOID UNLESS SENT VIA CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, AND ACTUALLY RECEIVED BY COMPANY. WASTE
MATERIALS: THE WASTE MATERIALS SHALL NOT CONTAIN ANY
HAZARDOUS MATERIALS, WASTES OR SUBSTANCES; TOXIC SUBSTANCES, WASTES OR
POLLUTANTS; CONTAMINANTS; POLLUTANTS; INFECTIOUS WASTES; MEDICAL WASTES; OR
RADIOACTIVE WASTES (COLLECTIVELY, "EXCLUDED WASTE"), EACH AS DEFINED
BY APPLICABLE FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS (COLLECTIVELY,
"APPLICABLE LAWS"). CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD
HARMLESS COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, SUITS,
PENALTIES, FINES, REMEDIATION COSTS, AND LIABILITIES (INCLUDING COURT COSTS
AND REASONABLE ATTORNEYS’ FEES) ("COLLECTIVELY, "LOSSES")
RESULTING FROM THE INCLUSION OF EXCLUDED WASTE IN THE WASTE MATERIALS. TITLE:
COMPANY SHALL ACQUIRE TITLE TO WASTE MATERIALS WHEN THEY
ARE LOADED INTO COMPANY’S TRUCK. TITLE TO AND LIABILITY FOR ANY EXCLUDED
WASTE SHALL REMAIN WITH CUSTOMER AND SHALL AT NO TIME PASS TO COMPANY. PAYMENT:
CUSTOMER SHALL PAY COMPANY FOR THE SERVICES AND EQUIPMENT
FURNISHED BY COMPANY AT THE RATES PROVIDED IN THIS AGREEMENT. CUSTOMER SHALL
PAY ALL TAXES, FEES AND OTHER GOVERNMENTAL CHARGES ASSESSED AGAINST OR PASSED
THROUGH TO COMPANY (OTHER THAN INCOME OR REAL PROPERTY TAXES). CUSTOMER SHALL
PAY SUCH FEES AS THE COMPANY MAY IMPOSE FROM TIME TO TIME BY NOTICE TO
CUSTOMER (INCLUDING, BY WAY OF EXAMPLE ONLY, LATE PAYMENT FEES,
ADMINISTRATIVE FEES AND ENVIRONMENTAL FEES), WITH COMPANY TO DETERMINE THE
AMOUNTS OF SUCH FEES IN ITS DISCRETION UP TO THE MAXIMUM AMOUNT ALLOWED BY
APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, CUSTOMER SHALL PAY COMPANY:
(A) A FEE OF $50 (WHICH COMPANY MAY INCREASE FROM TIME TO TIME BY NOTICE TO
CUSTOMER) FOR EACH CHECK SUBMITTED BY CUSTOMER THAT IS AN INSUFFICIENT FUNDS
CHECK OR IS RETURNED OR DISHONORED; AND (B) A FUEL/ENVIRONMENTAL RECOVERY FEE
IN THE AMOUNT SHOWN ON EACH OF COMPANY’S INVOICES, WHICH AMOUNT COMPANY MAY
INCREASE OR DECREASE FROM TIME TO TIME BY SHOWING THE AMOUNT ON THE INVOICE.
CUSTOMER SHALL PAY COMPANY WITHIN 20 DAYS AFTER THE DATE OF COMPANY’S
INVOICE. AT ANY TIME AFTER COMPANY BECOMES CONCERNED ABOUT CUSTOMER’S
CREDITWORTHINESS OR AFTER CUSTOMER HAS MADE ANY LATE PAYMENT, COMPANY MAY
REQUEST, AND IF REQUESTED CUSTOMER SHALL PAY, A DEPOSIT IN AN AMOUNT EQUAL TO
ONE MONTH’S CHARGES UNDER THIS AGREEMENT. RATE
ADJUSTMENTS: COMPANY MAY, FROM TIME TO TIME BY NOTICE TO
CUSTOMER, INCREASE THE RATES PROVIDED IN THIS AGREEMENT TO ADJUST FOR ANY
INCREASE IN: (A) DISPOSAL COSTS; (B) TRANSPORTATION COSTS DUE TO A CHANGE IN
LOCATION OF CUSTOMER OR THE DISPOSAL FACILITY USED BY COMPANY; (C) THE
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS; (D) THE AVERAGE WEIGHT PER
CUBIC YARD OF CUSTOMER’S WASTE MATERIALS
ABOVE THE NUMBER OF POUNDS PER CUBIC YARD UPON WHICH THE RATES PROVIDED IN
THIS AGREEMENT ARE BASED AS INDICATED ON THE COVER PAGE OF THIS AGREEMENT; OR
(E) COMPANY’S COSTS DUE TO CHANGES IN APPLICABLE LAWS. COMPANY MAY INCREASE
RATES FOR REASONS OTHER THAN THOSE SET FORTH ABOVE WITH CUSTOMER’S CONSENT,
WHICH MAY BE EVIDENCED VERBALLY, IN WRITING OR BY THE PARTIES’ ACTIONS AND
PRACTICES. SERVICE
CHANGES: THE PARTIES MAY CHANGE THE TYPE, SIZE OR
AMOUNT OF EQUIPMENT, THE TYPE OR FREQUENCY OF SERVICE, AND CORRESPONDINGLY
THE RATES BY AGREEMENT OF THE PARTIES, WHICH MAY BE EVIDENCED VERBALLY, IN
WRITING OR BY THE PARTIES’ ACTIONS AND PRACTICES. THIS AGREEMENT SHALL APPLY
TO ANY CHANGE OF LOCATION OF CUSTOMER WITHIN THE AREA IN WHICH COMPANY
PROVIDES COLLECTION AND DISPOSAL SERVICES. RESPONSIBILITY
FOR EQUIPMENT; ACCESS: ANY EQUIPMENT COMPANY FURNISHES SHALL
REMAIN COMPANY’S PROPERTY. CUSTOMER SHALL BE LIABLE FOR ALL LOSS OR DAMAGE TO
SUCH EQUIPMENT (EXCEPT FOR NORMAL WEAR AND TEAR AND FOR LOSS OR DAMAGE
RESULTING FROM COMPANY’S HANDLING OF THE EQUIPMENT). CUSTOMER SHALL USE THE
EQUIPMENT ONLY FOR ITS PROPER AND INTENDED PURPOSE AND SHALL NOT OVERLOAD (BY WEIGHT
OR VOLUME), MOVE OR ALTER THE EQUIPMENT. CUSTOMER SHALL INDEMNIFY, DEFEND AND
HOLD HARMLESS COMPANY FROM AND AGAINST ALL LOSSES ARISING FROM ANY INJURY OR
DEATH TO PERSONS OR LOSS OR DAMAGE TO PROPERTY (INCLUDING THE EQUIPMENT)
ARISING OUT OF CUSTOMER’S USE, OPERATION OR POSSESSION OF THE EQUIPMENT.
CUSTOMER SHALL PROVIDE SAFE, UNOBSTRUCTED ACCESS TO THE EQUIPMENT ON THE
SCHEDULED COLLECTION DAY. COMPANY MAY CHARGE AN ADDITIONAL FEE FOR ANY
ADDITIONAL COLLECTION SERVICE REQUIRED BY CUSTOMER’S FAILURE TO PROVIDE
ACCESS.
DAMAGE
TO PAVEMENT: COMPANY SHALL NOT BE RESPONSIBLE FOR ANY
DAMAGES TO CUSTOMER’S PAVEMENT, CURBING OR OTHER DRIVING SURFACES RESULTING
FROM COMPANY’S PROVIDING SERVICE AT CUSTOMER’S LOCATION. SUSPENSION:
IF ANY AMOUNT DUE FROM CUSTOMER IS NOT PAID WITHIN 60 DAYS
AFTER THE DATE OF COMPANY’S INVOICE, COMPANY MAY, WITHOUT NOTICE AND WITHOUT
TERMINATING THIS AGREEMENT, SUSPEND COLLECTING AND DISPOSING OF WASTE
MATERIALS UNTIL CUSTOMER HAS PAID SUCH AMOUNT TO COMPANY. IF COMPANY SUSPENDS
SERVICE, CUSTOMER SHALL PAY COMPANY A SERVICE INTERRUPTION FEE IN AN AMOUNT
DETERMINED BY COMPANY IN ITS DISCRETION UP TO THE MAXIMUM AMOUNT ALLOWED BY
APPLICABLE LAW. TERMINATION:
IN ADDITION TO ITS ABOVE SUSPENSION RIGHTS, COMPANY MAY
TERMINATE THIS AGREEMENT IMMEDIATELY BY WRITTEN NOTICE TO CUSTOMER IF (A) ANY
OF THE INFORMATION CONTAINED IN ANY CREDIT APPLICATION SUBMITTED TO COMPANY
IN CONNECTION WITH THIS AGREEMENT IS UNTRUE OR (B) CUSTOMER BREACHES THIS
AGREEMENT AND FAILS TO CURE SUCH BREACH WITHIN 10 DAYS AFTER COMPANY GIVES
CUSTOMER WRITTEN NOTICE OF THE BREACH. COMPANY’S FAILURE TO SUSPEND SERVICE
OR TERMINATE THIS AGREEMENT WHEN CUSTOMER FAILS TO TIMELY PAY OR OTHERWISE
BREACHES THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF COMPANY’S RIGHT TO SUSPEND
SERVICE OR TERMINATE THIS AGREEMENT FOR ANY FUTURE FAILURE TO PAY OR OTHER
BREACH. PAYMENT
UPON TERMINATION: IF DURING THE FIRST YEAR OF THE TERM OF
THIS AGREEMENT CUSTOMER TERMINATES THIS AGREEMENT BEFORE ITS EXPIRATION OTHER
THAN AS A RESULT OF A BREACH BY COMPANY, OR IF COMPANY TERMINATES THIS
AGREEMENT DURING SUCH PERIOD AS A RESULT OF A BREACH BY CUSTOMER (INCLUDING
NONPAYMENT), CUSTOMER SHALL PAY COMPANY AN AMOUNT EQUAL TO THREE TIMES THE
AVERAGE MONTHLY CHARGE.
IF AFTER THE FIRST YEAR OF THE TERM OF THIS AGREEMENT CUSTOMER TERMINATES
THIS AGREEMENT BEFORE ITS EXPIRATION OTHER THAN AS A RESULT OF A BREACH BY
COMPANY, OR IF COMPANY TERMINATES THIS AGREEMENT DURING SUCH PERIOD AS A
RESULT OF A BREACH BY CUSTOMER (INCLUDING NONPAYMENT), CUSTOMER SHALL PAY
COMPANY AN AMOUNT EQUAL TO TWO TIMES THE AVERAGE MONTHLY CHARGE. CUSTOMER
ACKNOWLEDGES THAT IN THE EVENT OF SUCH A TERMINATION, ACTUAL DAMAGES TO
COMPANY WOULD BE UNCERTAIN AND DIFFICULT TO ASCERTAIN, SUCH AMOUNT IS THE
BEST, REASONABLE AND OBJECTIVE ESTIMATE OF THE ACTUAL DAMAGES TO COMPANY, SUCH
AMOUNT DOES NOT CONSTITUTE A PENALTY, AND SUCH AMOUNT IS REASONABLE UNDER THE
CIRCUMSTANCES. ANY AMOUNT PAYABLE UNDER THIS PARAGRAPH SHALL BE IN ADDITION
TO AMOUNTS ALREADY OWING UNDER THIS AGREEMENT. ASSIGNMENT:
CUSTOMER SHALL NOT ASSIGN THIS AGREEMENT WITHOUT COMPANY’S
PRIOR WRITTEN CONSENT, WHICH COMPANY SHALL NOT UNREASONABLY WITHHOLD. COMPANY
MAY ASSIGN THIS AGREEMENT WITHOUT CUSTOMER’S CONSENT. EXCUSED
PERFORMANCE: EXCEPT FOR CUSTOMER’S OBLIGATION TO PAY
AMOUNTS DUE TO COMPANY, ANY FAILURE OR DELAY IN PERFORMANCE DUE TO
CONTINGENCIES BEYOND A PARTY’S REASONABLE CONTROL, INCLUDING STRIKES, RIOTS,
TERRORIST ACTS, COMPLIANCE WITH APPLICABLE LAWS OR GOVERNMENTAL ORDERS, FIRES
AND ACTS OF GOD, SHALL NOT CONSTITUTE A BREACH OF THIS AGREEMENT. ATTORNEYS’
FEES: IF ANY LITIGATION IS COMMENCED UNDER THIS
AGREEMENT, THE SUCCESSFUL PARTY SHALL BE ENTITLED TO RECOVER, IN ADDITION TO
SUCH OTHER RELIEF AS THE COURT MAY AWARD, ITS REASONABLE ATTORNEYS’ FEES,
EXPERT WITNESS FEES, LITIGATION RELATED EXPENSES, AND COURT OR OTHER COSTS
INCURRED IN SUCH LITIGATION OR PROCEEDING. MISCELLANEOUS:
THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT OF THE
PARTIES AND SUPERSEDES ALL PRIOR AGREEMENTS, WHETHER WRITTEN OR ORAL, THAT
EXIST BETWEEN THE PARTIES REGARDING THE SUBJECT MATTER OF THIS AGREEMENT.
COMPANY SHALL HAVE NO CONFIDENTIALITY OBLIGATION WITH RESPECT TO ANY WASTE
MATERIALS. THIS AGREEMENT SHALL BE BINDING UPON AND INURE SOLELY TO THE
BENEFIT OF THE PARTIES AND THEIR PERMITTED ASSIGNS. IF ANY PROVISION OF THIS
AGREEMENT SHALL BE INVALID, ILLEGAL OR UNENFORCEABLE, IT SHALL BE MODIFIED SO
AS TO BE VALID, LEGAL AND ENFORCEABLE BUT SO AS MOST NEARLY TO RETAIN THE
INTENT OF THE PARTIES. IF SUCH MODIFICATION IS NOT POSSIBLE, SUCH PROVISION
SHALL BE SEVERED FROM THIS AGREEMENT. IN EITHER CASE, THE VALIDITY, LEGALITY
AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL NOT IN
ANY WAY BE AFFECTED THEREBY. |
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ADDITIONAL ROLL OFF SPECIFIC TERMS AND CONDITIONS
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MAXIMUM
WEIGHT LIMIT IS 10 TONS PER CONTAINER: A). WHEN LOADING INERT MATERIALS INCLUDING DIRT, ROCK, BLOCK, CONCRETE OR ASPHALT, DO NOT LOAD THE CONTAINER MORE THAN 18 INCHES HIGH. B). WEIGHT MUST BE DISTRIBUTED EVENLY THROUGHOUT THE
CONTAINER. C). LOADS MUST NOT EXTEND ABOVE THE TOP OR SIDES OF THE
CONTAINER. D). UP TO 5 TONS OF THE DISPOSAL IS INCLUDED IN THE HAUL CHARGE. ALL DISPOSAL OVER 5 TONS WILL BE ASSESSED A $40 PER TON DISPOSAL FEE. ALL LOADS MUST BE LEVEL THE FOLLOWING CONDITIONS
WILL PREVENT US FROM SERVICING YOUR ROLLOFF CONTAINER:
OVERWEIGHT CONTAINER, OVER HEIGHT CONTAINER, BLOCKED CONTAINER OR BEHIND A
LOCKED GATE. YOU WILL BE ASSESSED A DRY RUN FEE FOR ALL CONTAINERS THAT ARE
NOT SERVICEABLE ON THE DAY OF A SCHEDULED PICKUP. FEE: $75 RELOCATION FEE: IF
RELOCATION IS REQUIRED AT TIME OTHER THAN DURING A DUMP, A $75 RELOCATION FEE WILL BE
CHARGED. DUE TO LANDFILL
REGULATIONS, THE FOLLOWING MATERIALS ARE NOT ALLOWED TO BE PUT INTO ANY ROLLOFF
CONTAINER: REFRIGERATORS,
FREEZERS, ICE MAKERS, TIRES, 55 GALLON DRUMS, MEDICAL WASTE, PAINT, ASBESTOS
MATERIAL, CONTAMINATED SOIL OR ANY HAZARDOUS WASTE-LIQUID, RAIL ROAD TIES. COD POLICY: ALL TEMPORARY ROLLOFF
CONTAINERS MUST BE PAID PRIOR TO SERVICE. A).
CHECK/MONEY ORDER CUSTOMERS: CUSTOMERS MUST BRING CHECK OR
MONEY ORDER TO LOCAL DIVISION OFFICE AT LEAST ONE (1) DAY PRIOR TO SCHEDULING
SERVICE. B.) CREDIT
CARD CUSTOMERS: THE CREDIT CARD WILL BE CHARGED UPON INITIAL SETUP OF THE
ACCOUNT AND ON THE DAY OF REQUEST FOR ANY SUBSEQUENT SERVICES. ANY ADDITIONAL
FEES INCURRED FROM PREVIOUS SERVICES (OVERAGE, DRY RUNS, ETC.) MAY ALSO BE
CHARGED TO YOUR CREDIT CARD UPON YOUR AUTHORIZATION. ACCEPTABLE CREDIT CARDS
ARE VISA, MASTERCARD, DISCOVER AND AMERICAN EXPRESS. CONTAMINATED CONCRETE
LOADS: TEMPORARY CONTAINERS SOLD WITH THE SOLE INTENT FOR THE USE
OF THE REMOVAL OF INERT AND/OR CONCRETE MATERIALS THAT ARE CONTAMINATED WITH
SOLID WASTE MATERIALS WILL BE SUBJECT TO THE FULL DISPOSAL CHARGE AS CHARGED BY THE DISPOSAL SITE. THERE WILL BE A $300.00 INACTIVITY FEE
ASSESSED IF THERE IS NO ACTIVITY ON THE CONTAINER WITHIN A FULL CALENDAR
MONTH. THESE
TERMS APPLY TO ALL SITES ON ANY DATE.
I UNDERSTAND AND AGREE TO
THE ABOVE TERMS AND CONDITIONS. TERMS AND CONDITIONS MUST BE ACCEPTED AND SUBMITTED AT LEAST ONE (1) BUSINESS DAY PRIOR TO DELIVERY. |