Customer grants to TMT Waste Management, Inc., a Michigan corporation, conducting business under Century Waste Management hereafter (Company) the right to manage the collection and disposal of the Customer's non-hazardous solid waste materials, recyclables and/or construction materials and Company agrees to provide such services to customer.
TERM: All terms and condition of this agreement shall be in full force through the duration of the dumpster rental and until any and all charges have been paid to the Company, which may include but not limited to late fees, damages, over tonnage charges or extra days charges.
PRICING: The Customer agrees to pay the price of select dumpster(s) as advertised on the Company website, www.centurydumpster.com
BASE AMOUNT: This is the base amount that the customer pays for that specific size container, excluding, tonnage overage charge and extra days per diem charge, and any other charges herein specified by the Company.
TOTAL AMOUNT: This amount is the final price including base amount and fuel surcharge. This amount does NOT include over tonnage and extra days per diem charge.
DURATION: The duration of the dumpster shall start from the day that the dumpster has been dropped off at Customers desired location and shall end when the customer calls in for a final pickup. I.E: The dumpster was dropped off on October 1st and Customer called in October 12th for final pickup, the total duration was 12 days.
EXTRA DAYS: This charge is for the days exceeding the duration allowed for the customer. The amount is on a per diem bases. If the Customer calls in for a dumpster pickup five (5) days after the duration allowed, the customer shall pay the per diem charge X 5 extra days.
TONNAGE LIMIT: This is the max allowed tonnage for the container selected, additional tonnage is an additional charge.
OVER TONNAGE CHARGE: This charge is for the containers exceeding the tonnage limit for the Customer and selected container size. The charge is based on weight when the container is weighted at the disposal site.
CREDIT CARD CHARGE: Customer agrees that Company may charge Customer’s credit card at anytime for any and all charges, including but not limited to the initial charge and any weight overages.
RATE AND ADJUSTMENTS: The company, at its sole discretion may at any time change the above-mentioned pricing. The Company agrees to communicate the rate change with the Customer within a reasonable time. Acceptable forms of communication may include but not limited to mail, email, phone, voicemail.
WASTE MATERIALS: The Waste Materials shall not contain any hazardous materials, wastes or substances; toxic substances, wastes and pollutants; contaminants; infectious waste; medical wastes; or radioactive wastes (collectively, "Excluded Waste"), each as defined by applicable federal, state and local laws or regulations (collectively, "Applicable Laws"). Customer shall indemnify, defend and hold harmless Company and its contractors 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 Waste Materials.
USE: Customer shall use the equipment only for its proper and intended purpose and should reasonably avoid overloading the equipment (by weight or volume), move, or alter the equipment. 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 or its contractor's handling of the equipment).
ACCESS: Customer shall provide safe, unobstructed access to deliver the equipment on the scheduled delivery and unobstructed access to collect the equipment. Company may charge an additional fee for any additional collection service required by Customer's failure to provide access.
DIMENSION VARIANCE: The Customer understands that although the same size container is delivered, the dimensions of the container may vary. I.e.: the customer orders a 10 yard dumpster and its dimensions online are listed as 8’ Wide x 11’ Long X 3.5’ Tall, however the company delivers a 8’ wide x 10’ long and 4’ Tall dumpster.
DAMAGE TO DRIVEWAY: Customer agrees that excluding any damage caused intentionally or due to gross negligence, Company, or the Company's employees shall not be responsible for any damages to Customer's pavement, curbing or other driving surfaces resulting from Company or its employee providing service(s) at Customer's location, including location not owned by the Customer.
DELIVERY: The Company shall attempt to deliver the container at the date and time the customer requests. The customer shall hold harmless the company for any delay caused by the company’s inability to deliver said dumpster to Customer’s desired location. The Company does not take any responsibility for any loss, whether monetary or otherwise, damages, claims, or any penalties imposed that the Customer may incur due to the container not being delivered on the date and time of Customer’s request.
ADDITIONAL FEES: 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
ATTORNEYS' FEES: If any litigation is commenced under this Agreement, the successful party shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys' fees, expert witness fees, litigation related expenses:' and court or other costs incurred in such litigation or proceeding.
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 other acts of God, shall not constitute a breach of this Agreement.
TITLE: Company and or its contractors shall acquire title to Waste Materials when they are loaded into the Company's or Company's contractor's truck. Title to and liability for any Excluded Waste shall remain with Customer and shall at no time pass to Company or its contractors.
MISCELLANEOUS: This Agreement sets forth the entire agreement of the parties and supersedes all prior agreements, whether written or oral, that may 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. Customer agrees that it shall not engage in any business activity with any other waste/recycling company that employs a former employee of Company for a period of two years after the termination of this Agreement. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall be modified so as to be valid, legal and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Michigan. Customer consents to personal jurisdiction and venue in the courts for the County of Macomb, State of MI
By completing the purchase, I hereby agree to the terms and conditions herein.