By making payment of invoice, Customer agrees to the Terms and Conditions below.
1. Term With payment of this invoice, Customer enters into a legally binding service agreement with an Initial Term of one (1) year from the date of first service. Thereafter, this Agreement automatically renews for successive one-year periods unless either party provides written notice (email or certified mail) at least thirty (30) days prior to the end of the then-current term.
After the Initial Term, Customer may terminate this Agreement at any time with thirty (30) days’ prior written notice and no early-termination fee.
If Customer permanently discontinues business or relocates outside Contractor’s service area, termination is immediate upon written notice and payment of any outstanding balance.
2. Service Price The schedule of charges may be adjusted from time to time by Contractor with thirty (30) days’ prior written notice to Customer.
Materials that do not fit in contracted equipment will be destroyed at $85.00 per Rolling Bin. Changes to the number of containers or service frequency require a written amendment.
3. Customer’s Duties and Liability Equipment shall remain in the possession and control of Customer, who shall be responsible for its cleanliness and safekeeping. Customer shall not overload, pry, burn, abuse, or use Equipment for anything other than storage of materials to be destroyed and shall be liable for loss or damage beyond reasonable wear and tear.
Customer warrants that no hazardous, toxic, infectious, radioactive, reactive, ignitable, or corrosive materials will be placed in containers. Customer shall defend, indemnify, and hold Contractor harmless from any claims, liability, injury, property damage, or environmental harm arising from Customer’s use of the Equipment or breach of this warranty.
4. Definition of Equipment “Equipment” means all storage containers provided. All Equipment remains the property of Contractor. Customer shall have no right, title, or interest in the Equipment and shall not modify it or subject it to liens or encumbrances. Replacement cost of any lost or destroyed container is $150.00. Replacement of a lost or misplaced Key to containers or locks will result in a $20.00 processing fee.
5. Material Customer shall deposit only office paper and approved materials in the containers (no garbage, hazardous, toxic, infectious, radioactive, reactive, ignitable, or corrosive material). Title to and liability for any prohibited waste shall remain with Customer.
6. Assignment and Modifications This Agreement is the entire agreement and may only be modified by a written instrument signed or electronically accepted by both parties.
7. Charge and Payment Invoices are due within thirty (30) days of invoice date. Late payments accrue a finance charge of 1.5% per month (or the maximum allowed by law). Customer shall reimburse Contractor for all collection costs and reasonable attorney fees. A service charge of $35.00 will be applied to any returned check or failed electronic payment due to insufficient funds or any other reason.
8. Force Majeure Contractor shall not be liable for failure to perform due to causes beyond its reasonable control (acts of God, war, strikes, fires, compliance with laws or governmental orders, etc.).
9. Fuel / Environmental Surcharge All service agreements are subject to a Fuel/Environmental Surcharge, updated every Tuesday based on the prior Monday’s U.S. Department of Energy national average diesel price. Current percentage and table are posted at Fuel Surcharge 2022 or available upon request.
10. Access to Equipment / Missed Service Customer is responsible for ensuring Contractor has unobstructed access to all equipment and containers during normal business hours on scheduled service days.
If Contractor attempts service and is unable to perform due to restricted or denied access, the full scheduled service fee will be charged.
Any return trip or additional service required due to lack of access will be billed at Contractor’s current service rates.
11. Miscellaneous Typed or handwritten terms prevail over printed terms. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located within the State of Maryland.