IT IS HEREBY AGREED AS FOLLOWS:
For the consideration hereinafter mentioned, the Contractor will deliver and pick up roll-off box (es) as specified by the Customer.
The Customer will pay the Contractor a fixed rate of:
$325.00 for each 20-yard box 5-ton maximum
$375.00 for each 30-yard box 7-ton maximum
$425.00 for each 40-yard box 7-ton maximum
$50 per ton overage fee will apply per box
$100 mix load fee may apply per box
$100 per hour truck wait time may apply per box
$75 box relocate fee
$125 trip charge fee (trip charge is applied when box is unable to be delivered and/or picked up)
Credit card payments will increase bill 3%
Customer will request on line, by email or phone, the box size, delivery date, complete address and exact location for box to be dropped.
Customer will load box with construction debris, dirt, concrete, stumps, brush and metal, and Contractor shall remove the box at the end of the Contract Term (“Service”).
The term “box” used herein shall mean all boxes furnished by Contractor for the above referenced Service. All boxes furnished by the Contractor, shall remain the property of Contractor, and Customer shall have no right, title or interest in the box.
Customer shall not overload the box above any side. In the event the Contractor determines the box is overloaded, Customer may be charged a fee for an additional box and or any additional costs incurred by Contractor related to overloading. Customer shall be responsible for loss or damage to the box, other than normal wear and tear or damage caused by Contractor’s gross negligence or willful misconduct. Customer agrees to indemnify, defend and hold harmless Contractor against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property arising out of Costumer’s use, operation, possession, or requested location of the box. Contractor shall not be responsible for damage to Customer’s pavement or other driving surface resulting from the weight of the box or Contractor’s vehicles servicing the box location designated by Customer and Customer releases Contractor for any liability related thereto
Customer warrants that the waste materials loaded in the box will not contain any hazardous, toxic or radioactive waste or substances including, but not limited to antifreeze, batteries, oil, paint, refrigerator Freon, tires or mattresses) as defined by applicable federal, state, or local laws and regulations. Contractor has the right to reject said materials or charge extra for disposal of said hazardous materials. Contractor shall acquire title to the waste materials when loaded onto Contractor’s vehicles, provided however, that title to and liability for the waste materials excluded from this Agreement above shall remain with the Customer, and Customer agrees to indemnify, defend and hold harmless Contractor against all claims, damages suits, penalties, fines and liabilities for injury or death to person or loss or damage to property or the environment arising out of the breach of the warranty stated above.
Customer is responsible for any and all charges. Customer shall make all payments within ten (10) days after receipt of an invoice from Contractor. All late payments will accrue at the rate of 18% per annum plus penalties and costs incurred in attempt to collect payments. This Agreement shall be governed by the laws of the State of Georgia.
The parties hereby agree that this Agreement may be executed in counterparts, each of which shall be an original, and all of which together shall constitute but one and the same instrument.
Time shall be of the essence of this Agreement and of each and every party hereof.
No waiver by any party or any breach by any other party of its covenants, obligations and agreements hereunder shall be a waive of any subsequent breach of any other covenant, obligation or agreement, nor shall any forbearance to seek a remedy for any breach be a waiver of any rights or remedies with respect to such or any subsequent breach.
In the event that any clause, condition or term, or any part thereof, contained in this Agreement shall be unenforceable or prohibited by the State of Georgia or by any present or future state or federal legislation, then such clause, condition, term or part thereof, shall be amended and is hereby amended so as to be in compliance with said legislation.