CUSTOMER IS RESPONSIBLE FOR ALL ADDITIONAL CHARGES IMPOSED BY YOUR LOCAL LANDFILL:
Contractor: Refers to ABC DISPOSAL SYSTEMS, INC., the provider of temporary dumpster container & services, including delivery, service, and removal of the units as outlined in this agreement.
Customer: Refers to the individual, business, or entity renting the temporary container(s) from ABC Disposal Systems, Inc., responsible for payment, proper use, and adherence to the terms of this agreement.
CUSTOMER RESPONSIBILITIES/LIABILITIES
Customer warrants that all right of way provided to Contractor is sufficient to bear the weight of the contractor’s vehicles and equipment required to perform the service. Contractor shall not be responsible for damage done to overhanging wires, below ground conduits, utility equipment, tree or brush limbs, or private pavement or accompanying sub surfaces of any route reasonably necessary to perform services under this signed delivery/service agreement. Customer agrees to indemnify and hold harmless Contractor from any damages to such property as a result of the use of the Contractor’s vehicles and equipment.
CUSTOMER RESPONSIBILITIES FOR EQUIPMENT
Customer will not move or attempt to move the Contractor’s equipment without the Contractor’s written approval once the equipment is placed on an agreed upon service area. Customer agrees to hold harmless and indemnify contractor against all claims, law suits, and other liability for injury to persons or damage to property arising out of the possession or use of the equipment or improvements to Contractor owned equipment without prior written consent of the Contractor.
CUSTOMER USE OF EQUIPMENT
Customer shall not overload Contractor’s equipment (Material over the top or hanging over the sides), nor cause to be overweight any equipment provided by contractor. (Roll-off boxes 20,000 lbs. or 10 ton weight capacity) (6 yard containers 4000 lbs or 2 ton weight capacity). In the event the equipment is overloaded, the Customer will be charged a service fee equal to the pull charge and Customer will be responsible for readjusting the load to meet Contractor’s requirements for safe transportation. In the event an overweight fi ne is sustained by the Contractor transporting a container loaded by the Customer or its designates, Customer shall incur the cost of the fi ne or expense. Customer shall not use equipment for incineration purposes and shall be liable to Contractor for loss or damage in excess of reasonable wear and tear. In the event of loss or damage to equipment, Customer will be liable for repair and/or replacement at current replacement value.
ACCESS TO SERVICE AREA
Customer shall provide the Contractor clear access to equipment so its trucks may collect the designated material from the Customer’s property. If the equipment is blocked to prohibit the collection in any manner Contractor will attempt to call Customer so that Customer can remove the blocking obstacle within 20 minutes. Should the Customer not remove the blocking obstacle a “trip charge” not to exceed the agreed upon pull charge may be accessed to the Customer by the Contractor.
HAZARDOUS WASTE MATERIALS
Customer warrants the waste materials collected by Contractor will not contain any Hazardous, Toxic, Infectious, Radioactive, or any other substances prohibited by applicable Federal, State, or Local Laws or Regulations. Customer agrees to indemnify, defend and hold harmless Contractor against all claims, costs, attorney’s fees, damages, suits, damage to property of the environment arising out of breach of warranty stated above. The warranties and indemnities contained herein shall survive the termination of this Agreement.
