PLEASE REVIEW THESE TERMS AND CONDITIONS OF THIS “SERVICE AGREEMENT”
THIS IS A LEGAL BINDING AGREEMENT PLEASE READ THROUGH THIS DOCUMENT
By accessing and using this website , you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this websites particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time.
SUMMARY OF SERVICES
You the “Customer” will have services from Waste Tech “Contractor”. The services hereunder this agreement are for curbside refuse and recycling services. These services are billed for according to the Contractors quoted price
SERVICES RENDERED by Waste Tech Disposal Services INC (“CONTRACTOR”) agrees to furnish the solid waste collection and disposal services and equipment specified hereof and Customer agress to make the payments as provided for herein and abide by the terms and conditions of this Agreement.
PAYMENTS. Customer shall pay the Contractor on a monthly basis for the Services and/or equipment furnished by contractor in accordance with the charges and rates provided for herein. Payment shall be made by Customer to contractor within 60 days of the receipt of an invoice from Contractor. Contractor may impose and Customer aggrees to pay a late fee for all past due payments, such late fee not exceed the maximum rate for same allowed by applicable law.
WASTE MATERIAL. The waste material to be collected and disposed of by Contractor pursuant to this Agreement is solid waste generated by Customer excluding radioactive, volatile, highly flammable, explosive, bio medical, toxic, or hazardous material. The term “hazardous material” shall include, but not limited to, any amount of waste listed or characterized as hazardous by the United State Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended or applicable state law. Contractor shall acquire title to the waste material when it is loaded into Contractor’s trucks. Title to and liability for any waste excluded above shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Contractor from and against any and all damages, penalties, fines, and liabilities resulting from or arising out of such waste excluded above.
DAMAGE TO PAVEMENT/PROPERTY. Customer acknowledges that Contractor shall not be liable for any damages to pavement, curbing, or driving surface resulting from its trucks servicing an agreed upon location. Customer acknowledges that Contractor shall not be liable for damages to grass or landscape due to its trucks serving an agreed upon location.
RATE ADJUSTMENTS. Contractor reserves the right to adjust the rates hereunder based upon increases in fuel costs, increases in disposal facilities costs and increases in transportation costs due to a change in the location of disposal facilities. Contractor may also adjust the rates hereunder from time to time to reflect percentage increase in the U.S city average Consumer Price Index for all Urban Consumers (CPI-U), published by the U.S. Department of Labor, Bureau of labor Statistics. Contractor may also adjust the rates hereunder in an amount in excess of such percentage increase with Customers consent upon notice may be evidenced by the practices and action of the parties.
SERVICE CHANGES. The type, size and amount of equipment, the frequency of services, and corresponding changes in rates, may be changes by the parties, either in writing or by the practices and actions of the parties, without effecting the validity of the Agreement. This Agreement shall continue in effect for the term provided herein and shall apply to changes for service address location of the Customer within the area in which Contractor provides collection service.
FAILURE TO PERFORM. In the event Customer terminates this Agreement prior to the expiration of its term. Customer agrees to pay Contractors as liquidated damages an amount equal to the sum of Customer’s monthly billings for the most recent six (6) months, or, if Customer has not been serviced for six (6) months. Customer’s average monthly billings for the months services or if none, the billing projected by Contractor for the first month multiplied by six (6). Customer acknowledges that the foregoing liquidated damages are reasonable in light of the fails to pay Contractor all amounts which become due under this Agreement, or fails to perform its obligations hereunder, and Contractor regress such matter to an attorney. Customer agress to pay, in addition to the amount due, any and all costs incurred by Contractor as a result of such action, including, to the extent permitted by law, reasonable attorney’s fees.
EXCUSED PERFORMANCE. Neither party hereto shall be liable for its failure to perform or delay in performance hereunder due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, fires, adverse weather, and acts of God.
ASSIGNMENT. Customer may not assign this Agreement without prior written consent of Contractor. Contractor may assign this agreement to any other party, and Contractor shall notify Customer promptly following such Assignment.
PAYMENTS. Customer shall pay the Contractor on a monthly basis for the Services and/or equipment furnished by contractor in accordance with the charges and rates provided for herein. Payment shall be made by Customer to contractor within 60 days of the receipt of an invoice from Contractor. Contractor may impose and Customer agrees to pay a late fee for all past due payments, such late fee not exceed the maximum rate for same allowed by applicable law. The Customer will also be liable for fees resulting from non payment such as lawyer fees, court fees and damages resulting from collections.
WASTE MATERIAL. The waste material to be collected and disposed of by Contractor pursuant to this Agreement is solid waste generated by Customer excluding radioactive, volatile, highly flammable, explosive, bio medical, toxic, or hazardous material. The term “hazardous material” shall include, but not limited to, any amount of waste listed or characterized as hazardous by the United State Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended or applicable state law. Contractor shall acquire title to the waste material when it is loaded into Contractor’s trucks. Title to and liability for any waste excluded above shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Contractor from and against any and all damages, penalties, fines, and liabilities resulting from or arising out of such waste excluded above.
TERM. The term (“Term”) of this Agreement is set forth on the “Effective Date” of this Agreement (“Service Agreement”). The initial period after the Effective Date set forth will be from the time that the Customer agrees to this contract. The Term of this agreement is based on annual or yearly basis. Unless otherwise specified the Term shall automatically renew for the period of one year as explained in the (“Renewal Term”) unless either party gives to the other party written notice of termination at least ninety (90) days, but not more than one hundred eighty (180) days, prior to the termination of the then-existing term.
RENEWAL TERM. The term (“Renewal Term”) of this Agreement is set forth on the last day of year based on the “Effective Date” or “Acceptance of Terms” of the Contractor online documents.
TERMINATION. Unless otherwise specified the Term shall automatically renew for the period of one year as explained in the (“Renewal Term”) unless either party gives to the other party written notice of termination at least ninety (90) days, but not more than one hundred eighty (180) days, prior to the termination of the then-existing term. Customer will be liable for any and all outstanding charges upon terminations of services.
EQUIPMENT, ACCESS. All equipment furnished by Contractor shall remain the property of Contractor; however, Customer shall have care, custody and control of the equipment and shall bear responsibility and liability for all loss or damage to the equipment and for its contents while at Customer’s location. Customer shall not overload, move or alter the equipment and shall use the equipment only for its intended purpose. At the termination of this Agreement, Customer shall return the equipment to Company in the condition in which it was provided, normal wear and tear excepted. Customer shall provide unobstructed access to the equipment on the scheduled collection day. Customer shall pay, if charged by Company, an additional fee for any modification of Services caused by or resulting from Customer’s failure to provide access. Customer warrants that Customer’s property is sufficient to bear the weight of Company’s equipment and vehicles and that Company shall not be responsible for any damage to the Customer’s property resulting from the provision of Services.
DAMAGE TO PAVEMENT/PROPERTY. Customer acknowledges that Contractor shall not be liable for any damages to pavement, curbing, or driving surface resulting from its trucks servicing an agreed upon location. Customer acknowledges that Contractor shall not be liable for damages to grass or landscape due to its trucks serving an agreed upon location.
SPECIFICATIONS FOR RECYCLABLE MATERIALS. Specifications for single stream, commingled recyclables, consisting of recyclable glass, aluminum, cans, plastics and papers, are as follows: Aluminum food and beverage containers: Glass food and beverage containers brown, clear, or green, Ferrous (Iron) cans; Plastics with symbols #1, #2, #3, #4, #5, #6, #7; Newsprint; Old corrugated cardboard; Magazines; Catalogs; Cereal boxes; Telephone books; Printer paper; Copier paper; Mail; All other office paper without wax liners. Any materials not set forth above are unacceptable (“Unacceptable Materials”), and Unacceptable Materials include, but are not limited to, the following: Microwave trays; Mirrors; Window or auto glass; Light Bulbs; Ceramics; Porcelain; Plastics unnumbered; Plastic bags; Coat hangers; Glass cookware or bakeware; Household items such as cooking pots, toasters, etc. In addition, the following requirements apply: All glass containers, tin cans, bi-metal cans, aluminum cans, aerosol cans, and plastic containers must be empty; All fiber must be dry and free of food debris and other contaminating material; and Tissues, paper towels or other paper that has been in contact with food is not acceptable. Recyclables may contain up to 5% Unacceptable Materials, provided however, Recyclables may not contain (a) Excluded Materials; (b) Contain chemical or other properties which are deleterious or capable of causing material damage to any part of Contractor’s property, its personnel or the public; and (c) shall not materially impair the strength or the durability of the Contractor’s structures or equipment. Contractor reserves the right at its sole discretion upon notice to Customer to discontinue acceptance of any category of Recyclable Materials set forth above as a result of market conditions related to such Recyclable Materials and makes no representations as to the recyclability of the materials set forth above. Loads not meeting the Specifications for Recyclable Materials may be rejected in whole or in part by Contractor.
Annual Term
Waste Tech Disposal Service INC.