Terms of Service
These terms of service relate to any services provided by Black Cedar Management, Inc. ("Bin There Dump That) to our Customer ("Customer") for the waste removal service offered by Bin There Dump That. BY PURCHASING SERVICES FROM BIN THERE DUMP THAT, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DISAGREE WITH THESE TERMS OF SERVICE, DO NOT PURCHASE SERVICES FROM BIN THERE DUMP THAT.
Bin There Dump That reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms of service, at any time. Customer is responsible for periodically reviewing these terms of service for changes. By continuing to use the Services, Customer accepts any changes at the time they are implemented.
BY CLICKING THE ACCEPTANCE BUTTON, REQUESTING SERVICES, PAYING FOR SERVICES, OR OTHERWISE ENGAGING BIN THERE DUMP THAT, CUSTOMER EXPRESSLY AGREES TO BE BOUND BY ALL OF THESE TERMS OF SERVICE. IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS OF SERVICE, CUSTOMER SHOULD NOT ENGAGE BIN THERE DUMP THAT.
1. Duties of Bin There Dump That. Bin There Dump That will provide the services to Customer as described in the Service Proposal, as amended, which is incorporated by reference or other services as requested by Customer. (those services outlined in the Service Proposal or requested, the "Services")
2. Duties of Customer. Customer is responsible for filling the dumpster bin provided for the Services before the scheduled pick-up time.
2.1.Restrictions. Customer is encouraged to dispose of all waste in the bin provided for the waste removal service. There are, however, some materials that are not allowed:
2.1.1. No Hazardous Waste. No hazardous waste (e.g., explosives, propane tanks, flammable or corrosive liquids including paint, stain, gasoline, motor oils, car batteries, transmission fluid, pesticides) are allowed.
2.1.2. No Biohazards. No biohazardous waste and biomedical waste (e.g., needles, syringes, or lancets) are allowed.
2.1.3. Dirt and Masonry Upon Request. Dirt and masonary products are allowed only when arranged at time of bin order. Additional Charges may apply.
2.2.Removal of Restricted Items. If, on inspection and tarping of bin, any hazardous or non allowed item is found, it will be removed and left on premises. If such items are not located, an Additional Charge will apply.
2.3.No Overfilling. Each provided dumpster bin has a "fill line", Customer must not overfill a dumpster bin or there will be an Additional Charge for removal of excess waste and additional trips for removing the excess waste.
3. Warranties and Release of Liability and Indemnification. Bin There Dump That makes no warranties, express or implied unless explicitly offered this agreement. After satisfactory completion, Customer agrees to indemnify and hold Bin There Dump That harmless against any and all claims, costs, and expenses, including attorney's fees. These claims may include, but are not limited to:
3.1.Property Damage. Any claims of property damaged experienced.
3.2.Any other claims. Customer releases Bin There Dump That from any claims arising from the Services.
4. Payment: Customer agrees to pay Bin There Dump That any service fee or Additional Charges for services rendered within 15 days of service. If payment is not made at the time required, any unpaid balance is subject to interest charges of 21% per annum or the highest interest rate allowed by law, whichever is less.
5. Service Fees and Other Charges. When the Services are ordered, but before the Services are provided or any waste bin is delivered, Customer must pay the amount in the Service Proposal. If Customer requests additional Bin There Dump That services or any other additions to the job information described in the Service Proposal, such additional costs will be charged as "Additional Charges". Customer agrees to pay such Additional Charges and agrees that any additional services resulting in Additional Charges will be subject to this agreement. Charges that may be applied for the Services can include, but are not limited to:
5.1.Service Fee. There will be a service fee for the waste removal service.
5.2.Per Diem. A per diem will be charged for storage of the waste bin at your site.
5.2.1. Not a Rental. The storage of the waste bin at your site is not a rental of the waste bin, but a per diem convenience charge for the convenience of the waste removal bin being located at your site during the provision the waste removal service.
5.3.Extra Tonnage. If the waste bin is over the normal weight limit, an extra tonnage fee may be charged as Additional Charges.
5.4.Damage to Service Vehicle. If the service vehicle is damaged on your property through no fault of Bin There Dump That, there may be an Additional Charge.
5.5.Damage to Dumpster Bin. If the dumpster bin is damaged while located at your site, there may be an Additional Charge.
5.6.Hazardous Waste Disposal. If hazardous waste is placed in the dumpster bin, there will be an additional charge for hazardous waste disposal.
5.7.Extra Clean-Up For Failure to Notice of Fluids. If fluids are not properly drained, marked, or contained, there may be an additional charge for the required clean-up of spilled fluids.
5.8.Trip Charge. If the bin is not ready or able to be picked-up at the scheduled time, a trip charge will be applied.
5.9.Overfilled Bin Charge. If the bin is filled past the allowed limit as noted on the wall of the bin, items will be removed and Additional Charges may apply.
5.10. Restricted Items in Bin. If restricted items are not discovered until unloading and disposing, there will be a hazardous waste penalty and a minimum $100 charge to dispose of properly.
5.11. Sales Tax. Customer shall, in addition to the other amounts payable under this agreement, pay all sales and other taxes, federal, state, or otherwise, however designated which are levied or imposed by reason of the Services provided under this agreement.
6. Credit Card Authorization. Customer authorizes Bin There Dump That to process and charge Customer's credit or debit card account for any and all amounts due in this agreement. This authorization includes and Additional Charges incurred. Customer acknowledges receipt of the goods and services indicated in this agreement and agrees to perform the obligations set forth in their Cardholder Agreement with the issuer of the credit card. Credit card transactions must be approved before they are accepted as payment.
7. Costs of Collection. Customer agrees to pay all collection costs, including legal fees, incurred by Bin There Dump That in pursuit of collecting payment. Once collected, payments will be applied first to costs incurred for collecting, next to accrued interest and finally to the principal owed. Interest begins accruing from the due date. Customer agrees that any claim for price adjustment shall not be reason, cause, or defense for failure to make full payment of the amount owed in this agreement.
8. Default. Failure of client to make any payment within 30 days of its due date shall be considered an Event of Default.
9. Remedy for Default. If an Event of Default occurs, Bin There Dump That may exercise the following remedies without being in breach of this agreement or waiving any other rights or remedies available under this agreement and applicable law:
9.1.Cease Services. At any time after a payment due date is missed, Bin There Dump That may cease services to client until such Event of Default is cured to the satisfaction of Bin There Dump That.
9.2.Terminate Agreement. At the option of Bin There Dump That, this agreement may be terminated on an Event of Default.
9.3.Return of Equipment on Termination. Upon termination, all equipment provided by Bin There Dump That that was required to provide the waste removal services are the property of Bin There Dump That and will be surrendered and returned to Bin There Dump That at the end of the agreement.
9.4.Security. If Customer cures any Event of Default and Bin There Dump That does not exercise any of the rights listed above, Bin There Dump That may, at its discretion, require security acceptable to Bin There Dump That to continue services after an Event of Default.
10. Notices. Any notice, election, or other communication provided for or required by this agreement shall be in writing and shall be deemed received when hand-delivered, delivered electronically or delivered by mail to the person to whom such notice is intended to be given at such address as such person may have previously furnished in writing to the Company or at such person's last known address.
11. Binding Effect. This agreement shall inure to the benefit of, and shall be binding upon, the Parties, their legal representatives, transferees, heirs, successors, and assigns.
12. Pronouns. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person or entity may require.
13. No Warranties. Bin There Dump That makes no warranty, express or implied, and all warranties of merchantability and fitness for a particular purpose are expressly disclaimed. In no event shall Bin There Dump That or any of its officers, employees, agents, or other representatives be liable for any special, incidental, indirect, or consequential damages of any kind including, without limitations, those resulting from loss of income, profit, and on any theory of liability, arising out of or in connection with the Services or use of any hardware provided or Services under this agreement even if it has been advised or has knowledge of the possibility of such damages.
14. Severability. Each provision of this agreement shall be considered severable, and if for any reason any provision or provisions herein are determined to be invalid, unenforceable, or illegal under any existing or future law, such invalidity, unenforceability, or illegality shall not impair the operation of or affect those portions of this agreement which are valid, enforceable, and legal.
15. Failure to Enforce Rights. Failure by Bin There Dump That to enforce any rights in this agreement shall not be construed as a waiver of those rights or an amendment to this agreement.
16. Dispute Resolution: To the fullest extent permitted by law, all disputes, except for those pertaining to collections, arising out of or relating to this agreement shall be submitted to mediation and, if necessary, legally binding arbitration, under the rules of the American Arbitration Association. Such mediation and, if necessary, arbitration shall be held in Birmingham, Alabama. Arbitration shall be governed by the American Arbitration Association. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. This provision is intended to be as broad as possible under the law: it shall apply to all claims and causes of action, including all statutory and constitutional claims, contract claims and tort claims. The parties agree that their relationship affects and involves interstate commerce.