Services: Customer grants to the undersigned (Nordic Waste Services, LLC.) the exclusive right to collect and dispose of all Customer’s Waste Materials (which include recyclable materials) and agrees to make the payments as provided for herein and agrees to furnish such series and equipment specified above, all in accordance with the terms of this Agreement. This service agreement applies to all the customer service locations stated under Account of this form.
Charges and Payments: Customers shall pay Contractor on a monthly basis for the collection and disposal service provided by Contractor (including all charges for the equipment) in accordance with the schedule of charges shown on this Agreement. Payment shall be made by Customer and received by Contractor on, or prior to, the 1st of the month. Customer is to pay in advance of services. In the event that full payment is not made when due, Contractor may, at its sole option, terminate this Agreement without advance notice to the Customer, recover all past due payments, and recover equipment on the premises of the Customer. Any changes in payment method must be communicated to the Contractor in a timely manner to avoid skipped payments. Customer will pay Contractor one of two ways. Option 1 (preferred): Recurring credit/debit card payment on the 1st of the month using our secure account with Converge with monthly receipts emailed to the Customer. Customer is to make any updates or changes to billing 7 days prior to the 1st in order for them to take effect that billing period. Option 2: Customer will be billed quarterly. Full payment by check or money order must to be received on or by the 1st of the month of the billing period.
Rate Adjustments: Customer agrees that Contractor may increase rates proportionately to adjust for any increases in disposal and fuel costs, or any increase in transportation costs due to changes in locations in the disposal facility. Customer agrees that Contractor may also increase the rates from time to time to adjust for increases in the Customer Price Index. Customer agrees that Contractor may also proportionately pass through to Customer, based upon the average weight per container yard of the Customer’s Waste Materials, increases in Contractors costs due to changes in local, state, or federal rules. Ordinates regulations applicable to Contractor’s operations or the services provided hereunder, and increase to taxes, fees, or other governmental charges assessed against or passed through to Contractor (other than income or real property taxes) shall not be withheld by the customer. Contractor may only increase rates for reasons other than set forth above with the consent of the Customer: Such consent must be evidenced in writing.
Changes: Changes in the schedule of charges, frequency of services, number, capacity, and/or type of equipment by either party must be agreed to in writing.
Waste Material: Customer represents and warrants that the materials placed in the equipment shall be “waste material” as defined herein and shall contain no other substances. The term “waste material” as used in these Terms and Conditions shall mean solid waste generated by customer excluding construction, radioactive, volatile, highly flammable, explosive, biomedical, infectious, toxic, or hazardous material. The term “hazardous material” shall include but is not limited to any amount of waste listed or characterized by the United States 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 truck. Title to and liability for any waste excluded above shall remain with Contractor. Customer expressly agrees to defend, indemnify and hold harmless Contractor from and against all damages, penalties, fines and liabilities resulting from or arising of such waste excluded above. Customer Initial ____
Driveways and Parking Areas: Customer warrants that any right of way provided by Customer for Contractor’s equipment location to the most convenient public way is sufficient to bear the weight of all of Contractor’s equipment and vehicles reasonably required to perform the service herein contracted. Contractor shall not be responsible for damage to any private pavement or accompanying sub-surface of any route reasonably necessary to perform the services herein contracted. Customer assumes all liabilities for damage to pavement or road surface.
Equipment: a) Responsibility: The equipment furnished hereunder by Contractor shall remain the property of the Contractor. However, Customer acknowledges that he/she has care, custody and control of the equipment while at the Customer’s location and Customer accepts responsibility for all loss or damage to the equipment (except for the normal wear and tear or for loss or damage resulting from Contractor’s handling of the equipment) and for its contents. Customer agrees to not overload by weight or volume, move or alter the equipment, and shall use the equipment only for its proper and intended use. Customer agrees to indemnify, decline and hold Contractor harmless against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons, and loss or damage to property arising from the customers use, operation, or possession of the equipment. b) Access: Customer agrees to provide unobstructed access to the equipment on the scheduled collection day. If the equipment is inaccessible so that the regular scheduled pickup cannot be made, Contractor will promptly notify the Customer and afford the Customer a reasonable opportunity to provide the required access; however, Contractor reserves the right to charge an additional fee for any additional collection service required by Customer’s failure to provide such access. c) Definition: The word “equipment” as used in these Terms and Conditions shall mean all containers used for the storage of the waste material including toters, buckets, bins, stationary compaction units, stationary bailing units, waste material loading devices, tanks, tankers, and such other onsite devices as may be specified on the face of this agreement.
Liquidated Damages: If the Customer defaults or attempts to cancel Contractor’s service outside the terms of the Agreement, Customer agrees that the Contractor’s actual damages would be difficult to calculate, therefore, Customer agrees to, in such event, pay all past due sums, and shall additionally pay as liquidated damages, and not a penalty, an amount equal to 30% of the product of the last monthly charge at the time of default or cancellation multiplied by the number of months then remaining in the current terms of the Agreement. Customer also agrees to pay all legal and attorney’s fees should Contractor need to enforce its rights against Customer cancellation of said contract.
Attorney’s Fees: In the event of a breach in this Agreement by either party, the breaching party shall pay all reasonable attorney’s fees, collection fees, and the costs of the party incident to any action brought to enforce the Agreement. In the event Customer fails to pay Contractor all amounts which become due under this Agreement, or fails to perform its obligations hereunder, and the refers such a matter to an attorney, Customer agrees 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.
Right to Compete: Customer grants to Contractor the right to compete with any offer which Customer receives relating to the provisions of nonhazardous waste collection and disposal service upon the termination of this agreement for any reason, and agrees to give Contractor written notice of any such offer and a reasonable opportunity to respond to it.
Assignment and Benefit: This Agreement shall not be affected by any changes in the Customer’s service address if new such address is located within Contractor’s service Area. The agreement shall be binding on the parties and their successors and assigns.
Excused Performance: Neither party hereto shall be liable for its failure to perform or for delays in performance hereunder to contingencies beyond its reasonable control including, but not limited to, winter weather, unsafe road conditions or closures, strikes, riots, compliance with laws or government orders, inability to get container, fires and acts of God. Such failure shall not constitute a Default under this agreement.
