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Overage on Tonnage Allowance will result in a $40 per ton over charge. Each overage charge will have documentation via State Certified Scale ticket from the disposal facility.
If customer extends rental past agreed limit, there will be a charge of $10 per day of extended rental.
Delivery times are an estimated time and does not constitute actual timing.
Services. Customer grants to company the exclusive right to manage the collection and disposal of the customer’s non-hazardous solid waste materials, recyclables, and/or construction materials as
listed above and company agrees to manage such services for customer,
Term. The term of this agreement shall start on the delivery date of this agreement, There is no binding term to this agreement, only an agreement for Company to offer services to Customer, and the
agreement that Customer will pay Company for the services outlined in this agreement. If Customer does not place any orders, there is no monetary liability to Company.
Waste Materials. The waste materials shall not contain any hazardous materials, toxic substances, pollutants, contaminants, infectious waste, medical wastes, radioactive wastes, or biomedical waste (collectively, 11excl udedw aste 11 , each as defined by applicable federal, state, and local laws or regulations (collectively, 11 a ppl icable l aws 11 , OJstomer shall indemnify, defend, and hold harmless
company and its contractors 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 waste materials.
Payment. Customer shall pay company for the services and equipment furnished by company, or its contractor, at the rates provided in this agreement upon completion of 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) according to Federal, State, or Local law s (for example but not limited to: City of Chicago $11 dumpster permit), 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, state or local 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 also pay company: (a) a fee of $50 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 the company’s invoices, which amount company may increase or decrease from time to time by showing the amount on the 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 I s charges under this agreement,
Rate and Ad just ment s. Company may, from time to time by notice to customer, increase the rates provided in this agreement to adjust for any increase due to; (a) a change in location of customer or the disposal facility used by company or its contractor; (b) disposal costs; (c) company’s actual costs due to changes in applicable governmental fees or taxes; (d) the average weight per cubic yard of customer’s waste ma t re ials. (e) The consumer’s price index. (f) Company or its contractor’s change in costs due to changes in applicable laws. Customer also acknowledges that the company is managing the listed services on the customer’s behalf to reduce the customer’s overall cost for these services and may increase at any point with proper notification to customer by Company. These could include, but are not limited to; a) municipal franchised areas; b) existing contracts between the customer and the current services provider, and/or c) special operational circumstances. customer acknowledges that the company may be required, other than as set forth above, to maintain or increase its rates accordingly, with customer I s consent, which may be evidenced verbally, in writing, electronically, or by the part ies ‘ 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, electronically, 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 its management services,
Responsibility for Equipment Access. Any equipme nt the company or its contractors furnish shall remain the company’s or company’s conrt act or ‘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 or its contractor’s handling of the equipment), Customer shall use the equipment only for its proper and intended purpose and should reasonably avoid overloading the equipment (by weight or volume), move, or alter the equipment, Customer shall indemnity, defend and hold hannless 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 I s failure to provide access.
Damage to Pavement. Company, or the company I s contractor shall not be responsible for any damages to customer I s pavement, curbing or other driving surfaces resulting from company or its contractor providing service (s) at cust omer ‘s location.
Suspension. If any amount due from customer is not paid within 30 days after the date of company I 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 service is suspended; customer shall pay company a service interruption fee in the amount of seventy-five ($75.00) United States dollars. Customer also agrees that Company will not remove equipment from location until balance is paid in full, If equipment is removed without consent of company, by Customer or other party even without knowledge by Customer, there will be a $1,000.00 fee for accurnulated damages and liabilities.
Termi natio n , 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, Customer may cancel or terminate the order(s), in writing, listed in this agreement no less than 12 hours before 9:00 a.m, on the date of delivery listed in this agreement,
Payment upon Termi nation, If customer terminates this agreement before its expiration other than as a result of a breach by company, or not according to the provision above, or if company terminates this agreement as a result of a breach by customer (including nonpayment), customer shall pay company an amount equal to customer’s rate as per this agreement in addition to a termination charge of half the amount equal to the customer’s rate as per this agreement. OJstomer acknowledges that in the event of such a termination, actual damages to company would be uncertain and difficult to ascert ain, 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 circurnstances. Any amount payable under this paragraph shall be in addition to amounts already owing under this agreement,
Assig nment . 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,
Attorney 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,
Excused Performance. Except for customer I s obligation to pay amounts due to company, any failure or delay in performance due to contingencies beyond a party I s reasonable control, including strikes, riots, terrorist acts, compliance with applicable laws or governmental orders, fires and other acts of god, shall not constitute a breach of this agreement.
Tit Le. Company’s contractors shall acquire title to waste materials when they are loaded into the company I s or company I s contractor I s truck, Title to and liability for any excluded waste shall remain with customer and shall at no time pass to company or its contractors.
MisceLLaneous, This agreement sets forth the entire agreement of the parties and supersedes all prior agreements, whether written or oral, that may 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. This agreement shall be governed by, construed and enforced in accordance with the laws of the state of Michigan.