Subject to the terms and conditions of this Agreement (“Agreement”), #2 Septic Pumping And Excavating, Inc. (#2) agrees to furnish customer, at customer’s designated locations(s), portable restrooms and other waste related equipment and services, as may be requested by customer, from time to time, during the term of Agreement.
All Equipment and services are billed at an agreed upon rate for four (4) weeks or twenty eight (28) days of service, subject to applicable taxes. Minimum four weeks rental rate assesses on all portable restrooms, hand wash units, holding tanks, and comfort stations. #2 does prorate for any unused days on long term rentals over twenty eight (28) days.
Payment is due upon invoice. One-time or short term rentals are invoiced in advance and do prior to delivery. Long term (over 28 days) rentals will be billed in arrears on a 28 day billing cycle (monthly). All past due amounts under this Agreement shall bear interest at the rate of 1.2% per billing cycle (or at the highest rate permitted by law) from the date due until paid. Should customers account be referred to a collections agency or an attorney, whether “in house” or otherwise, customer shall bear the costs of court and / or attorneys fees.
CREDIT CARD PROCESSING
Customer declares that the credit information submitted contemporaneously herewith is true, accurate, and appears in the name stated. Authorization is hereby given to #2 to use these cards for purchases from #2 on a monthly basis as charge accrue. Further, I authorize my credit company to accept and to charge my account for purchases initiated by #2. This authorization allows #2 to continue to use the credit card information, which shall remain in full force and affect unless I revoke this authorization in writing sent certified mail return receipt requested to #2 Septic Pumping & Excavating, Inc at 50181 State Highway 13, Ashland, WI 54801. UNIT DELIVERY, LOCATION, AND RETRIEVAL Delivery dates provided by #2 are approximate, #2 shall have no liability for failure or delay in delivery or failure to notify customer of any delay or nondelivery. #2 is not responsible for customer’s failure to designate unit placement (i.e. flagged) at delivery. If unit is set in an undesired area because customer fails to designate placement area and #2 is asked to return, #2 reserves the right to charge a fee of ranging from $25 $75 depending on service location. Relocation of the unit will be performed at #2’s earliest convenience. Placement is to be no further than 25’ for trucks to access upon retrieval of unit.
EQUIPMENT USE AND ACCESS
Customer will immediately notify #2 and discontinue use of equipment that is or becomes unsafe or dangerous, in any respect. Customer shall provide unobstructed access to equipment on the day of servicing or removal, or be subject to a $25$ 75 trip charge, delayed service or removal. A unit is inaccessible if it is located more than twenty five (25) feet from an area accessible to a pumper truck. Customer represents that it has authority to permit #2 to enter upon property upon which the #2 units are located to permit #2 to service, repair, or remove a unit and agrees to hold #2 harmless from #2 entry upon such real property for these purposes. Customer acknowledges that health standard recommend 1 unit for each 10 persons on site. It is Customer’s sole responsibility to contact #2 to request all equipment relocations and final pickups. #2 HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND QUIET ENJOYMENT.
Customer warrants that, unless otherwise agreed under seperate written argument, no controlled, hazardous, toxic, or radioactive wastes or substances, as defined by applicable federal, state or local laws or regulations, will be placed in waste disposal containers. Prohibited wastes include, but are not limited to: paint, tires, batteries, free liquids, sludges, industrial process and pollution control process waste; residue, contaminated residue and residuals from chemical spills or cleanups; liquids and sludges from septic tanks, food service grease traps and commercial laundries and car washes; biochemical waste; friable asbestos; non friable asbestos; oil filters, cathode ray tubes, acetylene tanks, and other chemical equipment; waste produced from dismantling or demolition of industrial equipment contaminated with chemicals. Customer agrees to indemnify, defend and hold #2 harmless from any and all claims, and suits, damages, penalties, citations, fines, and liabilities for injury or death to persons or damages to property or the environment, arising out of a breach of this warranty or caused by customers waste containing hazardous or prohibited waste.
RISK OF LOSS OR DAMAGE
Customer agrees to return all equipment furnished under this Agreement to #2 in the same condition as delivered, subject only to normal wear and tear. Customer shall bear the risk of loss and damage to equipment. In the event of damage, other than damage caused directly by #2, Customer shall pay the lesser of (a) the cost of repair, or (b) the cost of replacement in its yard in Ashland, Wisconsin. The cost of replacement of a standard portable toilet is agreed to be $550; a handicap unit $1600; and a Handwash Station $600; which will be billed to the customer in the event of loss. No loss or damage to equipment, in whole or in part, shall impair customer’s payment obligations under this Agreement.
This Agreement shall be effective beginning the date of order shall continue in full force and affect until #2 receives written notice of termination from Customer sent by certified or registered mail, return receipt requested. Said notice shall specify the effective date of termination, which shall be no less than seven (7) days after #2’s receipt of said notice of termination. Termination of this Agreement shall in no way release customers or guarantor from any sum, debt or obligation, including any duty to defend and/or indemnify #2, incurred or arising prior to such termination.
INVOICE DISPUTES; WAIVER
In the event customer disputes any amount invoiced hereunder, customer agrees to provide #2 with written notification of such dispute within twenty (20) calendar days of the disputed invoice date, or else waive such dispute. Even in the event of a timely notice of dispute, customer agrees to timely pay all undisputed amounts invoiced hereunder.
If customer fails to make any payment or perform any obligation under this Agreement or becomes in any way the subject of a bankruptcy proceeding, #2 shall be under no obligation to furnish additional equipment or services to customer until the default is cured and #2 may, without penalty, legal process, or notice of any kind, immediately retake possession of all of its equipment from customer, regardless of location.
LIMITATION OF LIABILITY
#2 shall not be liable for damage to pavements or other driving surfaces resulting from the weight of vehicle servicing location designated by customer, nor for any damages incurred while executing customers directions. In no event shall #2, its members, managers, employees, agents, attorneys, insurers, affiliates, successors, or assigns be liable for: i)any claim, loss, damage, or expense of any kind (including strict liability in tort) arising out of or related to the ownership, selection, possession, lease, operation, control, use, maintenance, delivery or return of the equipment; ii) incidental, indirect, special or consequential damages (including loss of profits or production), whether suffered by customer or any third party, no matter the cause; or iii) any amount in excess of the amount of #2 receives from customer as payment under this Agreement.
Customer agrees to defend, indemnify and hold #2 harmless from and against any and all claims, actions, suits, costs, expenses (including attorney’s fees), damages and liabilities for injury or death to persons or loss or damage to property, arising out of or related to the equipment or services furnished under this Agreement, including costs, expenses, and attorney’s fees incurred by #2 in an action, claim, or suit to enforce or prosecute customer’s obligations under this provision or agreement.
CHOICE OF LAW; CONSTRUCTION
This agreement shall be governed by the laws of the State of Wisconsin. There shall be presumption or inference against the party drafting this agreement in construing or interpreting its provisions. Any provision of this agreement, or portion thereof, held to be void or unenforceable under applicable law, shall be deemed stricken and all other provisions, as well as the other portions of this provision at issue shall continue to be valid and binding on the parties. This agreement constitutes the entire agreement between the parties with regard to its subject matter, superseding all prior negotiations and agreements, and shall not be amended, altered or changed.