STANDARD TERMS AND CONDITIONS

Prices: CUSTOMER agrees to pay for the services and performance of work under this Agreement in accordance with the term: set forth herein, unless specifically modified in writing by the language contained in the Proposal for Work referenced and incorporated herein.

Payment for services and performance of work under this Agreement shall be made within thirty (30) days of date of service b CUSTOMER. Failure to make payment within the thirty (30) day period shall cause interest to commence accruing at a rate of one and one-half percent (1½%) per month from date of service until payment in full is rendered, in addition to any other remedies available at law, in equity or hereunder.

CONTRACTOR may not increase the prices specified under this Agreement for a period of thirty (30) days from the date of execution of this Agreement. From, and after, thirty (30) days, the prices under this Agreement shall be subject to change by CONTRACTOR and CUSTOMER shall have five (5) days from the date of notification by CONTRACTOR to accept or reject any cos or price increase tendered by CONTRACTOR. Any agreement to a change in pricing will only be effective if provided in writing and signed by both parties. If CUSTOMER rejects any increase, CONTRACTOR shall have the right to terminate this Agreement.

The CONTRACTOR shall have the right to file a mechanic’s and/or property lien as necessary to protect its legal rights for payment of services performed by the CONTRACTOR to the fullest extent allowed by law.

Terms: This agreement is for a term of one (1) year from the date on which services commences. If Customer does not notify Contractor via certified mail, return receipt requested no later than thirty (30) days prior to the expiration of the initial or any subsequent term, this agreement shall automatically renew for an additional one (1) year and Customer agrees to be responsible for all pavments reauired thereafter.

Guaranty: The individual executing this agreement on behalf of Customer personally guarantees any and all obligations of the Customer hereunder, and shall be responsible to make any payments not made by the Customer.

Liability of Equipment: Contractor agrees to maintain its equipment in good working order. Customer agrees to protect Contractor’s equipment from any unreasonable risks of harm or damage, save normal wear and tear. Customer shall be liable for costs of repairing or replacing (whichever is less),

any equipment owned by Contractor which is damaged or destroyed during the term of this agreement, provided that the equipment is damaged while under Customer’s control. Customer shall not be liable for any damage caused to a roll off container or other equipment during the delivery to, removal of or transportation of such roll off container or equipment by Contractor or any of its agents. Damage includes but it is not limited to fire, bending, denting or any similar damage to a roll off container or other equipment.

Damage to Premises: It is expressly agreed to and understood that Contractor shall not be responsible for any damages to pavement, driving surface, buildings, vehicle, or any other real or personal property arising out of the performance of Contractor’s responsibilities under this agreement.

Title: Contractor shall acquire title to the conforming solid waste when such solid waste is loaded in Contractor’s truck. Title and liability for non-conforming materials shall remain with the Customer at all times.

Rates: Any rates referred to in this agreement or imposed by law shall be subject to change as set forth above. Customer agrees to be responsible for any such increases provided it is given five days written notice by Contractor and signs its approval of the increase. Contractor reserves the right to adjust its pricing for disposal and/or recycling services pursuant to market change/fluctuations. Customer reserves the right to agree or reject any price increase prior to the performance of any additional work and services.

Indemnification: Customer agrees to hold harmless and to indemnify for any legal fees, costs, expenses, claims, judgements, or any other liability whatsoever with respect to any legal action by Contractor to collect any amounts due and owing pursuant to the terms of this agreement or to any other legal actions or claims brought against Customer. Contractor agrees to hold harmless and to indemnify Customer for any legal fees, costs, expenses, claims, judgments, or any other liability whatsoever arising out of Contractor’s performance of its work and services under this agreement.

Overloading: Contractor will provide Customer specifications for the roll off containers with respect to yardage or weight limit.
Customer agrees to not overload the roll off container bevond its vardage or weight limit. In the event Contractor’s driver arrives at the site and the roll off container is overloaded or overweight, driver will inform customer of condition. Customer shall immediately cure illegal condition to allow for service. If the condition is not expeditiously cured, driver will inform customer’s representative that their inaction will not allow Contractor to provide service. Customer agrees to pay trip charge of $350.00 for damages caused by the overloading.

Delays: Contractor shall not be responsible for any losses or damages, resulting from delays in supplying a roll off container to Customer.

Clean Up: Contractor shall not be responsible for any debris on the ground or in the immediate vicinity of any roll off container except for debris which has been properly deposited in said roll off container, provided that Contractor shall be responsible for any debris that falls on the ground on any part of Customer’s property as a result of roll off container removal or transportation.

Late Charge: Any past due balance shall accrue a late penalty of one and one half (1½) percent of the delinquent balance per month, due on the first day of delinquency. Should any invoice remain outstanding for thirty (30) days or longer, customer expressly authorizes Bull Waste & Recycling, Inc. to charge all such outstanding balance to the customer’s credit card on file.

Non-Sufficient Check Fee: Should Customer payment bounce, the Customer shall be responsible to reimburse Contractor for any costs incurred due to bounce check.