PACK RAT HAULING, INC. TEMPORARY LARGE CONTAINER SERVICES AGREEMENT
This Customer Service Agreement is made between Pack Rat Hauling, Inc., ("Company") and the customer listed on the order form ("Customer") during the online checkout process ("Online Order"). By using our website to submit the Online Order and checking the box to agree to this Customer Service Agreement, you are electronically signing and agreeing to transact electronically and to the following Terms and Conditions (together with the Online Order and confirmation, the "Agreement").
SERVICES. Customer grants to Company the exclusive right to collect, transport and dispose of or recycle all of Customerʼs non-hazardous solid waste materials (including Recyclable Materials)(collectively, "Waste Materials"), and Company agrees to furnish such services as permitted by Applicable Laws.
TERM. THE TERM OF THIS AGREEMENT SHALL START ON THE DATE ON WHICH SERVICE UNDER THIS AGREEMENT COMMENCES AND SHALL CONTINUE UNTIL THE EARLIER OF (i) COMPANY'S REMOVAL AND INSPECTION OF ALL EQUIPMENT PROVIDED TO CUSTOMER, OR (ii) TERMINATION BY COMPANY AT ANY TIME BY ORAL OR WRITTEN NOTICE TO CUSTOMER. UNLESS OTHERWISE AGREED BY THE PARTIES, COMPANY SHALL PROVIDE THE EQUIPMENT TO CUSTOMER FOR A PERIOD OF 10 DAYS. IF CUSTOMER WANTS TO EXTEND THE TERM, ADD ADDITIONAL PULLS, OR MAKE ANY OTHER SERVICE CHANGES, CUSTOMER MUST CONTACT CUSTOMER SERVICE AT (540) 454 0415
WASTE MATERIALS. The Waste Materials shall not contain any hazardous materials, wastes or substances; toxic substances,wastes or pollutants; contaminants; pollutants; infectious wastes; medical wastes; or radioactive wastes (collectively, "Excluded Waste"), each as defined by applicable federal, state or local laws or regulations (collectively,"Applicable Laws"). CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, SUITS, PENALTIES, FINES, REMEDIATION COSTS, AND LIABILITIES (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES) (COLLECTIVELY "LOSSES") RESULTING FROM THE INCLUSION OF EXCLUDED WASTE IN THE WASTE MATERIALS.
TITLE. Company shall acquire title to Waste Materials when they are loaded onto Company's truck. Title to and liability for any Excluded Waste shall remain with Customer and shall at no time pass to Company.
USE OF THE CONTAINER.
· Company will not haul Excluded Waste (as defined above).
· Company will not accept (in addition to Excluded Waste Items): drums; gasoline and/or other vehicle fuels; oil and/or other automotive fluids; paint; solvents; household cleaners; industrial cleaners; pesticides and/or herbicides; fertilizer, alcohol, any flammable, noxious or poisonous materials and the like; pressurized gas tanks (propane, helium, etc.), explosive or other materials not permitted to be disposed of at the designated disposal facility. If we are unable to haul an improperly loaded container, it will be the Customer's responsibility to off-load the impermissible materials and make the container permissible to haul, and Customer will be charged a Dry Run fee (set forth below) for each attempted trip.
· If the container is loaded with extremely heavy material, such as block concrete, asphalt, or roofing, the container should be filled no more than half-way. If Company hauls an overloaded container, the Customer is responsible for all tickets, fines, etc. due to the weight of the container. If Company is unable to safely haul an overloaded container, it will be the Customer's responsibility to off-load enough material to allow the container to be safely hauled, and Customer will be charged a Dry Run fee (set forth below) for each attempted trip where hauling did not occur.
· Customer shall not load materials above the top of the container. If materials are loaded above the top of the container in a manner that prevents Company's safe hauling of the container, it will be the Customer's responsibility to off-load enough material to allow the container to be safely hauled, and Customer will be charged a Dry Run fee (set forth below) for each attempted trip where hauling did not occur.
· Customer shall not force back door closed. Complete container loading only after the door has been closed and latched.
· Customer shall not place any object(s) around the container which will restrict access by the Company's trucks. If a container is blocked, cannot be safely hauled due to conditions at the service location (e.g., ground too wet, icy or muddy, etc.), it will be the Customer's responsibility to remove the blockage or condition so Company can safely access the container(s). Customer will be charged a Dry Run fee (set forth below) for each attempted trip where hauling did not occur.
· Customer shall not move the container without prior written permission from Company.
PREMISES. Customer agrees to keep the premises reasonably safe during the time that Pack Rat Hauling is carrying out its duties thereon, including warning Pack Rat Hauling’s workers, agents and employees of any known hazards,restraining any animals or household pets, and, to the extent practical,removing any latent or invisible hazards.
PAYMENT. Customer shall pay Company for the services and equipment furnished by Company at the rates provided in Customer's Online Order. A deposit for the base services will be collected online at the time of checkout, which is intended to cover the delivery and one pull of the container with Waste Material tonnage. If the payment account provided is for a business, then it must be one for which Customer is a properly authorized signer. By accepting this Agreement, you authorize Company to initiate a charge to the payment account provided for the amount shown on the Online Order. Company reserves the right to invoice for subsequent charges, and Customer agrees to pay Company for any subsequent charges. Customer shall pay all taxes, fees and other governmental charges assessed against or passed through to Company (other than income or real property taxes). Customer shall pay such fees as the Company may impose from time to time by notice to Customer (including, by way of example only, late payment fees,administrative fees and environmental fees), with Company to determine the amounts of such fees in its discretion up to the maximum amount allowed by Applicable Law. Without limiting the foregoing, Customer shall pay Company: (a) a fee of $50 (which Company may increase from time to time by notice to Customer) for each payment submitted by Customer that is returned or dishonored; and (b) fuel/environmental recovery fees in the amount shown on each of Company's invoices, which amount Company may increase or decrease from time to time by showing the amount on the invoice. Customer shall pay Company within 20 days after the date of Company's invoice.
SUPPLEMENTAL SERVICES. The following supplemental rates shall apply only when a supplemental service is required upon arrival or requested by Customer. If Customer requests supplemental services that are not listed below, Company shall provide Customer with notice of any applicable supplemental charges.
· Extended Days. Requests to extend use of the container longer than 9 business days must be directed to Customer Service (at number above). A $10.00 fee will be charged per day, starting on day 10 of the Agreement.
· Container Relocation. A $100.00 container relocation fee will apply for each container relocated on Customer's premises per Customer's request.
· Extra Service or Pulls. Requests for extra service/pull must be directed to Customer Service (at number above). Customer will be invoiced the same amount paid for this Online Order for each extra service/pull.
· Extra Tonnage. A $80.00 fee per ton will apply to any tonnage over the tonnage included in the base rate.
· Dry Run. A dry run occurs when a driver arrives to haul a load, but is unable to service due to a reason such as a blocked container or other obstruction. A $100 fee will apply per dry run.
RATE ADJUSTMENTS. Company may, from time to time by 30 days prior written notice to Customer, increase the rates provided in this Agreement to adjust for any increase in: (a) disposal costs; (b) transportation costs due to a change in location of Customer or the disposal or recycling facility used by Company; (c) the Consumer Price Index for All Urban Consumers (Water, Sewer and Trash Collection Services), U.S. City Average, as published by the U.S. Department of Labor, Bureau of Statistics; (d) recycling sorting, processing and related costs; (e) costs related to Customer's failure to separate Recyclable Materials from other Waste Materials, the contamination of the Recyclable Materials, or other decreases in the value of the Recyclable Materials; or (f) Company's costs due to changes in Applicable Laws. Company may increase rates for reasons other than those set forth above with Customer's consent, which may be evidenced verbally, in writing or by the parties' actions and practices.
CREDIT CARD AUTHORIZATION. By agreeing to pay with a credit card, the client agrees that Pack Rat Hauling may run the same card for any additional charges incurred by the client, including any daily rental charges and weight charges and client specifically and explicitly authorizes these charges, unless other payment arrangements are made by the client in advance.
CANCELLATION. Customer may contact Company at the Customer Service number provided in the Term section above prior to equipment delivery to cancel the Services, and Company will refund Customer's deposit.
RECYCLABLE MATERIALS. This section applies in the event Company has expressly agreed to remove and transport Recyclable Materials (material that Company determines can be recycled typically including, without limitation, aluminum cans (UBC – Used Beverage Containers), cardboard (free of wax), ferrous metal cans, mixed office paper, newspaper and plastics containers) to a material recovery facility,recycling center or similar facility. Customer agrees that Company in its sole discretion may determine any single load is contaminated and may refuse to collect it or may charge Customer for any additional costs, including (but not limited to) sorting, processing, transportation and disposal costs. Customer shall comply with all Applicable Laws regarding the separation of solid waste from Recyclable Materials and use of its best efforts to not place items in the container that may result in the decrease in the value of Recyclable Materials or make the Recyclable Materials unsuitable for recycling.
RESPONSIBILITY FOR EQUIPMENT; ACCESS. Any equipment Company furnishes shall remain Company's property. Customer shall be liable for all loss or damage to such equipment (except for normal wear and tear and for loss or damage resulting from Company's handling of the equipment). Customer shall use the equipment only for its proper and intended purpose and shall not overload (by weight or volume), move or alter the equipment. Customer shall indemnify, defend and hold harmless Company from and against all Losses arising from any injury or death to persons or loss or damage to property (including the equipment) arising out of Customer's use,operation or possession of the equipment. Customer shall provide safe, unobstructed access to the equipment on the scheduled collection day. Company may charge an additional fee for any additional collection service required by Customer's failure to provide access.
DAMAGE TO PAVEMENT. Company shall not be responsible for any damages to Customer's pavement, curbing or other driving surfaces resulting from Company's providing service at Customer's location.
TERMINATION. If any amount due from Customer is not paid within 60 days after the date of Company's invoice, Company may,without notice, terminate this Agreement. This right of termination is in addition to any and all other remedies available to the Company and shall not constitute an exclusive remedy.
ASSIGNMENT. Customer shall not assign this Agreement without Company's prior written consent, which Company shall not unreasonably withhold. Company may assign this Agreement without Customer's consent.
EXCUSED PERFORMANCE. Except for Customer's obligation to pay amounts due to Company, any failure or delay in performance due to contingencies beyond a party's reasonable control,including strikes, riots, terrorist acts, compliance with Applicable Laws or governmental orders, fires and acts of God, shall not constitute a breach of this Agreement.
ATTORNEYS' FEES. In the event that the customer fails to pay as agreed, Pack Rat Hauling may take any action to collect an outstanding balance permitted by law and the costs of such collection, including, but not limited to, any court costs and/or reasonable attorneys’ fees shall be charged to the customer.
CONSENT TO TRANSACT ELECTRONICALLY. By electronically signing this Agreement, Customer understands and agrees: (a) to complete this transaction and receive related communications electronically;(b) that this Agreement has the same force and effect as an agreement signed in writing; (c) that Company may provide disclosures required by law or other information regarding its legal rights and duties electronically; (d) that Customer must have, at its own expense, a device that can connect to the internet with a standard internet browser and software that enables it to receive and view PDF format files; (e) that if Customer wants a paper copy of this Agreement or any notice, it may print a copy or download the information for its records; and (f) that Customer may request a paper copy of this Agreement or withdraw its consent to transact electronically by calling customer service. Customer and Company agree that an electronically stored copy of this Agreement constitutes proof of the contents of this Agreement, as though it were an original.
MODIFICATION OF CONTRACT. This agreement may not be modified in any way unless such modification is set forth in writing in an appropriate change order signed by both parties that sets forth, at a minimum, the nature of the modification to the contract and the amount charged or credited therefore. In the case of an unforeseen circumstances, it may become necessary for the parties to execute a change order in order to complete the job and, in such cases, the customer shall not unreasonably withhold approval of such change order. If the job cannot be completed without a change order and the customer refuses to approve of the same, Pack Rat Hauling may deem the contract to have been terminated by the customer.
MISCELLANEOUS. This Agreement sets forth the entire agreement of the parties and supersedes all prior agreements,whether written or oral, that exist between the parties regarding the subject matter of this Agreement. Company shall have no confidentiality obligation with respect to any Waste Materials. This Agreement shall be binding upon and inure solely to the benefit of the parties and their permitted assigns. If any provision of this Agreement shall be deemed to be invalid, illegal or unenforceable for any reason by a Court of competent jurisdiction, the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by the law of the Commonwealth of Virginia. Customer agrees that, in the event that a dispute arises hereunder that cannot be amicably resolved by the parties, such dispute shall be litigated, if at all, in a court of competent jurisdiction in Loudoun County, Virginia.