TERMS & CONDITIONS

You agree to load each dumpster level and even with the top with no material sticking up above the sides, so we may tarp the dumpster in conformance with state-mandated load coverage regulations.

All is due upon delivery, additional charges will be made to your credit card on file.

Either party hereto may terminate this Agreement by giving the other party hereto at least three (3) days’ prior written notice of termination. Notwithstanding the foregoing, either party hereto may (in addition to any other rights), by written notice, terminate this Agreement immediately upon a material default or breach of this Agreement by the other party hereto. Upon the effective date of any termination hereof, we will cease providing the Services and will remove all dumpsters owned by us from your premises, and you shall pay us any fees earned by us but not yet paid by you up to the effective date of termination of this Agreement.

You agree to accept responsibility for the condition of rented container.  The container shall be returned to its delivered condition.

Neither party hereto shall be liable for the failure to perform its obligations, if such failure is caused by a catastrophe, riot, war, act of the legislature, by reason of final order by a court of record in a proceeding not instituted by or acquiesced to by you or us (as applicable), administrative order, or by strike, fire, accident, act of God, failure of equipment, obstruction or damage to buildings, lack of required access to roadways and bridges, electricity or other utility failure, inability to access a disposal site, or other similar contingency beyond the reasonable control of you or us (each a “Force Majeure Event”). Both parties hereto shall resume full or substantial performance of their respective obligations under this Agreement immediately upon cessation of the Force Majeure Event.

We hereby agree to indemnify and hold you harmless from and against any and all loss, damage, suits, liability and expenses (including, but not limited to, reasonable investigation and legal expenses) arising out of any claim for loss of or damage to property, including your or our property, and injuries to or death of persons, including your or our employees, to the extent caused by or resulting from (a) the negligence or willful misconduct of us or our employees or agents; (b) violation of any federal, state or local laws or regulations by us or our employees or agents; or (c) any breach of this Agreement by us or our employees or agents.

You hereby agrees to indemnify and hold us harmless from and against any and all loss, damages, suits, liability and expenses (including, but not limited to, reasonable investigation and legal expenses) arising out of any claim for loss of or damage to property, including your or our property, and injuries to or death of persons, including your or our employees, to the extent caused by or resulting from (a) the negligence or willful misconduct of, or violation of any federal, state of local laws or regulations by, you or your employees or agents; or (b) your breach of the provisions of this Agreement.

Each party hereto is and shall perform this Agreement as an independent contractor, and as such, shall have and maintain complete control over all of its employees, agents and operations. No party hereto nor anyone employed by such party shall be, represent, act, purport to act or be deemed to be the agent, representative, employee or servant of the other party hereto.

This Agreement may not be assigned in whole or in part by a party hereto without the prior written consent of the other party hereto.

The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Ohio with regard to conflicts of law principles. Venue of any action brought under this Agreement shall be only the state or federal courts located in Columbus, Ohio.

This Agreement, together with these Terms and Conditions, exhibits, and schedules, represents the entire understanding and agreement between the parties hereto relating to the subject matter hereof and supersedes any and all prior agreements, whether written or oral, that may exist between the Parties regarding same. No terms, conditions, prior understandings, purchase orders, or agreement purporting to modify, vary, supplement or explain any provision of this Agreement shall be effective unless in writing, signed by representatives of both parties hereto authorized to amend this Agreement.

If any provision, section, subsection, sentence or clause of this Agreement shall be adjudged illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of this Agreement as a whole or of any provision, section, subsection,sentence or clause hereto not so adjudged.

Any waiver by either party hereto of any provision or condition of this Agreement shall not be deemed to be a waiver of any other provision of condition of this Agreement, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be so expressed in writing and signed by the party hereto to be bound.

This Agreement may be amended only by a writing signed by the parties hereto.

Please note, you the customer, always have the ultimate choice of hauling destinations. Currently, our company is under contract with the Wyandot County Landfill in Carey, Ohio. This is to be your trash’s final destination should you not specify otherwise. However, other MSW locations are also available such as the Crawford County Landfill or SWACO of Franklin Co. Using alternate locations can change our rental price. In addition we haul scrap metal products to Sims Brothers of Marion, Friction Metals of Marion and Milliron Recycling of Mansfield. Your price will be adjusted for these type of services. Call for a quote.

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