TERMS AND CONDITIONS FOR CONTAINER RENTALS LLC (THE AGREEMENT)

TERM:  Customer grants Contractor the right to collect, sell and dispose of customer waste material(s) as warranted below (including recyclables).  The Agreement comes into effect, and is applicable to all equipment rented by the Customer from the Contractor, from the time the equipment is delivered to the Customer’s job site to the time it has been physically checked in at the Contractor’s recycling facility located at 73 Hunter’s Branch Road, Troy, VA.  The Agreement will remain in effect for this and all subsequent equipment rentals between the Customer and Container Rentals.  Unless disputed in writing within 24 hours of equipment delivery, the parties agree that the terms set forth herein shall control the relationship between the parties regardless if The Agreement has been fully ratified or not. Contractor reserves the right to charge the contracted haul rate for customer cancellations less than 24 hour in advance of scheduled service.  In the event customer would like to transfer responsibility for equipment to another party, transfer must be done in writing, by both parties with subsequent party signing a new Service Agreement accepting full responsibility for all equipment transferred, otherwise original Customer retains bound to The Agreement.  

OVERLOAD PROHIBITIONS, FEES:  Customer shall not overload the equipment, particularly the containers (by weight or volume) or move or alter the equipment, and shall use the equipment only for their proper and intended purpose.  Customer further agrees not to load containers beyond the top of such containers(s) (“top” being defined as horizontal plane formed by the upper rim of the container).  Customer holds full responsibility for ensuring that the material does not exceed above the rim of the container and will off load as necessary to ensure the safe and legal transport of the container.  In the event containers are filled in excess of eight (8) tons, regardless of the size of the container Customer agrees to pay Container Rentals all fees, expenses, fines or other costs incurred by Container Rentals, including any fines for littering or damage from material loaded above the rim of the container.  The contractor also reserves the right to charge for an attempted service at the contracted haul rate for containers that are overloaded by weight or volume and cannot be safely transported.  

ACCESS:  On service days, Customer shall provide unobstructed access to the containers.  If the container(s) are inaccessible for any reason or has equipment blocking, material stacked or leaning against it, Contractor reserves the right to charge for additional return trips at the contracted haul rate to access the container.  

CHANGES:  If Customer sells its business or its business property, the contract shall be construed to be part of the liabilities assumed in the sale and Customer shall have the duty of informing the purchaser and Contractor.

WASTE MATERIAL:  Customer warrants that the waste materials delivered to the Contractor shall not contain any liquid waste, hazardous, toxic, radioactive waste or substance as defined by federal, state and local laws or regulations.  Waste material must be able to fit entirely in the container.  Contractor reserves the right to use their sole discretion to evaluate if a load is safe or unsafe to transport.

RESPONSIBILITY OF EQUIPMENT:  The equipment provided by the Contractor under this agreement, is and shall remain the personal property of the Contractor and Customer shall have no interest in such equipment.  Customer shall be responsible for all damage to equipment, excluding normal wear and tear or damage resulting from Contractor’s handling and servicing of the equipment.  It is the Customer’s responsibility to provide covers for open-top containers if required for their jobsite.  

CHARGE AND PAYMENT:  Customer shall pay Contractor for its services under The Agreement in accordance with the Schedule of Charges as shown in the customer job quote and/or Service Agreement.  Contractor reserves the right to apply any unassigned payments to the oldest invoices on the Customer account in general.  Contractor reserves the right to hold service for delinquent payments and continue to hold service until the account is current.  In the event that any payment is not made when due, Contractor reserves the right to terminate The Agreement upon notice to the Customer and recover any equipment and all accessories thereto minus any contents that customer may have placed in the container for disposal, and recover all amounts remaining unpaid extending until the normal termination of The Agreement from the date of repossession by the Contractor as well as all previously unpaid amounts prior to repossession.  In the event Customer has agreed to a service term, Contractor reserves the right to enforce the terms of The Agreement and demand rental and haul charges for the remaining term of the contract.  

Contractor reserves the right to charge interest at the rate of EIGHTEEN PERCENT (18%) per annum for all invoices that exceed the contracted terms until invoices are fully paid.  The contracted service fee per container will be charged to remove equipment upon expiration, termination or cancellation of The Agreement.  In addition, Customer will be charged for any material inside the container to be disposed of.  Contractor reserves the right to use Customer’s deposit towards any past due balances and then require an additional deposit.  Customers deposit will be applied to the charges incurred on the final pick-up.  Customer will be responsible for any charges that exceed the deposit amount and likewise will be reimbursed for any deposit balance still remaining after all charges have been applied.  If Customer alters this agreement or fails to make payment Contractor reserves the right to continue in the escalation of collection protocol.  Contractor reserves the right to issue an IRS 1099 to Customer for any and all debt that is considered uncollectible and must be written off by Contractor.

CREDIT APPLICATION AND CREDIT CARD USAGE:  Customers may apply for credit by completely filling out Contractors credit application.  Incomplete credit applications will not be processed.  Residential Customers are not eligible for credit terms.  Credit customers must be able to show at least two years of active business in order to apply.  Credit customers must sign a personal guarantee to receive credit terms.  Contractor reserves the right to examine financial and credit records as well as run a credit check on Customers applying for credit.  

PROPERTY DAMAGE:  Contractor shall not be responsible for any damage to Customer’s pavement, driving surface, parking lot, walls, curbs, sidewalks, mailboxes, concrete pads, items in the service area including but not limited to vehicles and structures, trees, shrubs, grass or other landscaped areas as a result of weight or services under The Agreement. Contractor holds no responsibility for damage to items in Customer’s rented storage container.  This includes during storage or transport.  Contractor recommends that Customer retains property insurance for items stored in storage containers as they are not guaranteed waterproof.  

MISCELLANEOUS:  If any conflicts exist in The Agreement between terms and conditions which are written or typed, typed language shall govern.  The Agreement in its entirety shall be binding upon the parties, their successors, agents and assigns.  No representation other than expressed in The Agreement shall apply.  The representations, warranties, and indemnifications contained herein shall survive the termination of The Agreement.  The Agreement shall be considered accepted in its entirety and the parties bound by the terms and conditions, when The Agreement is accepted by a designated official of the Contractor or in absence of such a signature, upon commencement of service.  Contractor shall, at its sole discretion, use any appropriate and legally licensed disposal facility it deems appropriate to dispose of waste under The Agreement.  

ATTORNEY FEES AND COURT COSTS:  If Customer breaches the obligations under The Agreement, including, but not limited to the obligation to pay for equipment rental and service, including any damage to equipment, throughout The Agreement period and the obligation to protect and preserve Contractor’s equipment, Contractor reserves the right to charge the Customer any and all costs associated with the collection of uncollected debt, including but not limited to legal fees, court costs and any other fees associated with the collection of said debt.  Contractor reserves the right to have all legal proceedings to occur in our local jurisdiction of Fluvanna County, VA.