Equipment and Waste Disposal Service Agreement
***By moving forward with the rental of our equipment you accept and acknowledge these Terms and Conditions***
1. Equipment Lease and Waste Disposal Service.
Subject to the terms and conditions set forth herein, Roll-Off shall lease and deliver to Customer at delivery address, and Customer shall lease and accept from Roll-Off Solutions Inc, their equipment. Subject to the terms and conditions set forth herein, Customer shall use the Equipment for the disposing of Customer's Waste Material (defined below) and Roll-Off Solutions Inc shall, at the end if the lease term or upon earlier termination, collect the Equipment and dispose of Waste Material at a landfill of Roll-Off Solutions Inc's choice, in Roll-Off Solutions Inc sole discretion.
2. Waste Material definition and Restrictions.
Waste Materials means any construction or demolition waste material generated by Customer , except Waste Material SHALL NOT INCLUDE any electronics (televisions, computer parts or parts thereof, refrigerators, freezers, and other like items), HVAC systems or parts thereof, paints, chemicals, oils, fuels, Freon, radioactive materials, explosives, biomedical equipment or wastes or other Hazardous Substances. “Hazardous Substances” shall mean: (i) any hazardous substance as that term is defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq., as amended; (ii) any hazardous waste or hazardous substance as those terms are defined in any local, state or federal law, regulation and ordinance applicable to the Premises; and (iii) petroleum, including crude oil or any impermissible fraction thereof. Title to and liability for restricted waste shall remain with Customer at all times. Roll-Off Solutions Inc can reject the restricted waste and return it to Customer or require Customer to remove the restricted waste at Customer's expense.
The term of this Agreement shall begin upon delivery of the Equipment and shall expire automatically at the time the equipment is picked up. The time of delivery and pick up is not guaranteed and my arrive at any time on the designated delivery date. Unless terminated sooner pursuant to terms and conditions set forth herein. If Customer is not in default at the expiration of the lease term, Customer may renew the term of this Agreement for a similar period, but only upon such terms and provisions as the parties agree to at the time of such renewal.
4. Rent and Service Charges.
Customer shall pay to Roll-Off Solutions Inc rent payment for the Equipment in the amount according to the lease term befroe the date of delivery and service charges for disposing the Waste Material in the amount of foregoing, Roll-Off Solutions Inc may increase the rent and service charges by giving Client a forty-eight (48) hours’ written notice based on increased costs to Roll-Off Solutions Inc for landfill dumping charges, increased government fees and/or taxes, or other disposal costs incurred by Roll-Off Solutions Inc. Unless otherwise agreed to by the parties in writing, and service charges if applicable shall be charged after the pick up of the Equipment.
5. Late Fee and Other Charges.
If Customer fails to pay the rental fee befroe the delivery date, the dumpster will not be delivered. If Roll-Off Solutions Inc fails to deliver or collect the Equipment due to any fault of Customer, Customer shall pay Roll-Off Solutions Inc additional service charge in the amount of One Hundred and No/100 Dollars ($100.00) for any failed delivery or collection attempts. If Customer loads the Equipment in excess of the the limits provided under Section 5 below, Client shall pay Roll-Off Solutions Inc an additional service charge in amount of Seventy-Five and No/100 Dollars ($75.00) for the disposal of such excess waste. If Roll-Off Solutions Inc is unable to pick up dumpster due to excess loading Client shall pay Roll-Off Solutions Inc additional service charge in the amount of Fifty and No/100 Dollars ($50.00) per day until Roll-Off Solutions Inc can safely retrieve the dumpster.
Customer shall not load the 10 cubic yard container in excess of 4,000 pounds (2 tons), the 15 cubic yard in excess of 5,000 pounds (2.5 tons), the 20 cubic yard container in excess of 6,000 pounds, the 20 cubic yard (LowBoy Style) container in excess of 8,000 pounds and the 30 cubic-yard Roll-Off containers in excess of 10,000 pounds. Customer shall pay Roll-Off Solutions Inc additional service charge in the amount of Forty-Five and No/100 Dollars ($45.00) for every 1 ton in excess of the weight limit.
6. The Equipment.
Prior to delivery and prior to collection by Roll-Off Solutions Inc, Customer shall ensure that the area around the Equipment drop-off location is clear up to Twenty (20) feet in each direction. Upon delivery, The Equipment shall be used by Customer only for the disposal of Waste Material. Customer shall not make any alterations to the Equipment. Customer is not allowed to move the Equipment for any reason without written consent from Roll-Off Solutions Inc.
Customer shall be in default under this Lease if:
- Customer fails to pay any installment of the rent within 1 days after the date on which the same shall become due;
- Customer breaches or fails to observe or perform any of its other obligations under the Lease;
- The insolvency or bankruptcy of Customer; or
- Subjection of any of Customer's property to any levy, seizure, assignment, application, or sale by any creditor or government agency.
The Agreement may be terminated by either party for any reason upon One Day advance written notice. Upon termination of this Agreement for any reason, Roll-Off Solutions Inc shall promptly collect the Equipment and send Customer an invoice for the outstanding rent and service charges due. Customer shall pay to Roll-Off Solutions Inc the invoiced amount within two (2) calendar days from the date of Customer's receipt of such invoice.
10.Loss or Damage.
Customer assumes all risks of loss or damage, from any cause, to the Equipment in Customer's possession. If the Equipment is lost or damaged, Roll-Off may, at its sole discretion, require Customer to (i) replace the Equipment with like equipment in good repair, which replacement equipment shall automatically become the property of Roll-Off Solutions Inc and subject to this Lease, or (ii) repair the Equipment to the state it was in prior to any damage.
Customer shall indemnify and hold Roll-Off Solutions Inc, its owners, shareholders, directors, officers, employees, agents, successors, and assigns harmless from and against all liabilities including, but not limited to, liability for injury, disability, and death of any persons and for damage to any property caused by the delivery or collection of the Equipment. Further, Customer shall indemnify, defend and hold harmless Roll-Off Solutions Inc, its owners, shareholders, directors, officers, employees, agents, successors, and assigns, from and against any and all damage claim, liability or loss, including reasonable attorneys’ and other fees, arising out of or in any way connected to Customer's disposal of items non-Waste Material and Hazardous Substances in the Equipment. Such duty of indemnification shall include damages, liability, or loss pursuant to all federal, state and local environment laws, rules and ordinances.
- This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and it may not be amended orally but only by a written agreement signed by all of the parties to this Agreement.
- This Agreement and all matters and issues collateral thereto shall be construed according to the laws of the State of Colorado.
- The parties agree that the District Court of Elbert County, Colorado shall have exclusive jurisdiction, including in personal jurisdiction, and shall be the exclusive venue for any and all controversies and claims arising out of or relating to this Agreement or a breach thereof, except as otherwise unanimously agreed to by the parties or unless precluded by federal law.
- If any provision of this Agreement becomes or is found to be illegal or unenforceable for any reason, such clause or provision must first be modified to the extent necessary to make this Agreement legal and enforceable and then if necessary, second, severed from the remainder of the Agreement to allow the remainder of the Agreement to remain in full force and effect.
- If a party commences any action or proceeding against any other party in order to enforce the provisions hereof, or to recover damages resulting from the alleged breach of any of the provisions hereof, the prevailing party therein shall be entitled to recover all reasonable costs incurred in connection therewith, including without limitation, reasonable attorneys’ fees.
- Any notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or, in the alternative (i) deposited with the U.S Postal Service, registered or certified mail with return receipt requested with postage prepaid or (ii) deposited with Federal Express or other overnight air freight. Such notices shall be mailed or delivered to the address set forth in this Agreement or as updated by the parties. The notices shall be deemed received upon actual receipt.
- This Agreement is a product of the negotiation of all the parties. For convenience, it has been drafted by Company, and shall not be construed in favor of, or against, any party hereto.
- When acknowledged by Customer, this Agreement shall be binding upon the parties, their legal representatives, heirs, successors and assigns.