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.

ADDITIONAL ROLL OFF SPECIFIC TERMS AND CONDITIONS

MAXIMUM WEIGHT LIMIT IS 10 TONS PER CONTAINER:
OTHER TERMS ARE AS FOLLOWS: 

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.
ALL ITEMS ABOVE RETURNED TO CUSTOMER WILL BE CHARGED A MINIMUM OF $50.00

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.

CALL OUR CUSTOMER SERVICE CENTER AT (602) 237-2078 IF YOU NEED SERVICE ("DUMP & RETURN") OR WHEN YOU WANT THE CONTAINER REMOVED FROM YOUR JOBSITE, IF NOT SCHEDULED PRIOR TO DELIVERY. YOU MAY ALSO SCHEDULE SERVICES VIA EMAIL AT CS.PHOENIX@AWIN.COM.

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.