Roll-Off Terms and Conditions

Service Agreement
 Zehnder Disposal, LLC, and its subsidiaries (hereinafter “Company”), agrees to provide certain waste removal services, including the provision of required dumpster equipment ("Equipment") to customer ("Customer") (hereinafter collectively referred to as "Waste Removal Service(s)" or "Service(s)") on the basis of the terms and conditions set forth in these Service Agreement Terms and Conditions (hereinafter “Service Agreement”). Except as specifically set forth herein, or as otherwise communicated by Company to Customer, this Service Agreement and the Service Documents (as defined herein) shall apply to and govern both commercial and residential service orders.
1. This transaction, including Company’s Waste Removal Services, is expressly limited to and made conditional upon Customer’s assent to and acceptance of all the terms and conditions contained herein and any supplemental terms set forth in any related service document, including, but not limited to any quotation, proposal, service agreement, acknowledgment and/or invoice (collectively referred to hereinafter as the “Service Documents”). Customer acknowledges that Customer has reviewed this Service Agreement and agrees that by placing an order and accepting the Services that a binding and enforceable service agreement shall exist between Company and Customer and that this Service Agreement along with the Service Documents shall constitute the entire agreement between Company and Customer related to the Services.
2. Company will use commercially reasonable efforts to ensure timely delivery and pickup of Equipment; provided that, due to circumstances beyond our control, including, but not limited to, inclement weather, hazardous roads and/or driving conditions, traffic delays, motor vehicle accidents, delays at landfills and equipment failure, we cannot and do not guarantee delivery times or dates.Company will not be liable to Customer under any circumstances for costs, expenses, losses and/or damages incurred by Customer in any manner relating to such delays. Customer shall not move, transport or attempt to move or transport (either directly or indirectly) the Equipment from the designated site without prior notice to and consent from Company, which may be withheld within the sole discretion of Company. In the event that Company attempts to deliver or pick up Equipment and is unable to do so for any reason beyond Company’s control, including, but not limited to, overloaded Equipment, low-lying power lines or tree branches, blocked access to the delivery or pickup location, damaged Equipment, locked gates, fences or parking lots, inaccessible driveways and/or the storage of prohibited items or substances in the Equipment (collectively referred to as “Extra Trip”), then Company shall be entitled to an Extra Trip Fee. The standard Extra Trip Fee is a minimum of $200.
3. Overage: Customer agrees not to load the container above water level. Any debris loaded above the top of the container is a hazard and must be off-loaded before the container is picked up. If the container is above the allowable tonnage there will be a $75/ton overage charge. (10 yard- 1 ton, 15 yard- 2 tons, 20 yard- 3 tons, 30 yard- 4 tons) Customers shall be charged $10/day for containers kept longer than the allotted time frame.
4. Customer hereby expressly authorizes Company to retain Customer’s credit card information and charge Customer’s credit card on a monthly basis for service fees and all other fees and charges to which Company is entitled hereunder. Customer acknowledges and agrees that such credit card authorization shall remain valid and in full force and effect during the applicable service period and for a period of time not to exceed 120 days beyond the last day Services are provided. If, at any time during a service term, Company’s authorization to charge Customer’s credit card is revoked and/or canceled by Customer or any third party, then Company, within its sole discretion, may immediately terminate the Service, recover the Equipment and cease providing the Services without notice or liability to Customer, and without prejudice to or waiver of any of Company’s remedies against Customer.
5. Any service order, once placed with and accepted by Company, may not be canceled by Customer except upon the consent of Company, which may be withheld within the sole discretion of Company. In the event that Company agrees to accept a cancellation after acceptance of Customer’s order, then Company shall be entitled to a cancellation fee (which may be charged to Customer’s credit card) in an amount not less than $25.00 if the cancellation occurs prior to 3:00 p.m. the business day before your scheduled delivery and a cancellation fee in an amount not less than $150.00 if the cancellation occurs thereafter.
6.Customer acknowledges that certain locations and/or uses of the Equipment may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the Equipment (collectively referred to hereinafter as a “Permit”). Customer represents and warrants to Company that Customer (and not Company) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment. In the event that Customer fails to obtain and/or maintain all necessary and required Permits, Company may pick up the Equipment without prior notice to Customer and without any liability to Customer. 7.Customer acknowledges that local, municipal, city, county, state and/or federal laws, regulations, rules and ordinances prohibit the storage of certain items, materials and substances in the Equipment, including without limitation, tires, batteries, tree stumps, railroad ties, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, water heaters and water tanks, food waste, fuels, adhesives, refrigerants, aerosols, and other radioactive, volatile, highly flammable, explosive, toxic, special or hazardous materials and substances. (“Prohibited Materials”). A non-exclusive list of certain Prohibited Materials is available on the Company’s Website for Customer’s review. Customer acknowledges and agrees that the only material to which the Services are provided consist solely of non-hazardous general solid waste and/or construction and demolition debris or other inert waste and recyclable materials, and does not include any Prohibited Materials, which are excluded from such Services. Customer agrees to not deposit or permit the deposit for collection of Prohibited Materials in the Equipment and further that title to and liability for Prohibited Materials will remain with Customer at all times. Customer is solely and exclusively responsible for complying with all applicable laws relating to Prohibited Materials, and Customer shall be liable for any charges, costs, expenses, damages, legal fees and costs, losses, fines and/or penalties (including, but not limited to traffic fines and penalties) of whatever nature relating to the deposit, storage and/or transportation of Prohibited Materials in the Equipment. 8. Customer agrees to indemnify, defend and hold harmless Company, including its officers, directors, members, employees, agents, parent companies, affiliates, subsidiaries, successors, subcontractors, vendors, and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, judgments, debts, fines, penalties, charges, expenses, costs or other liabilities of whatsoever kind or nature (collectively, “Losses”) asserted or alleged by any third party arising from or related to: (a) Overage Expenses; (b) Customer’s failure to obtain and/or maintain any required Permit; (c) Customer’s use, storage, or deposit of Prohibited Materials in the Equipment; (d) loss or theft of the Equipment; (e) damage and/or destruction of the Equipment during the applicable service term; (f) personal injury and/or property damage relating to Customer’s use and/or possession of the Equipment; (g) physical damage to streets, roadways, driveways, walkways, pavement, curbs, wells, irrigation systems, landscaping, lawn, septic systems and/or underground utilities caused by the Equipment including, without limitation, any damage to Customer’s property from leaks or stains relating to the use of the Equipment; (h) Customer’s breach of the these terms and conditions or the terms of any of the Service Documents; and (i) any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third party (including, without limitation, a towing company) incurred in connection with the movement, placement and/or use of the Equipment.
9.Neither this service transaction (including the Service Documents), nor any part or portion of Customer’s performance hereunder is assignable by Customer in whole or part without the prior written consent of Company, which may be withheld within the sole discretion of Company. No approval shall be required from the Customer in order for the Company to assign this Service Agreement or the performance of the Services.
10. The terms and conditions set forth herein and as set forth in the Service Documents (including, but not limited to all requirements as set forth in Company’s Website), shall constitute the entire agreement between Customer and Company, and shall supersede all previous agreements. Any of Customer’s terms contained in any request for quotation, purchase order, release, statement, correspondence, acknowledgement or any other Customer document which are in addition to or different from the terms contained herein are hereby specifically objected to, rejected and excluded, and shall be of no force or effect. No change in this Service Agreement will be valid unless approved by the Company in writing.