SERVICE TERMS AND CONDITIONS
1. SERVICES PROVIDED. Southern Maine Roll Off, (“SOUTHERN MAINE ROLL-OFF”) agrees to provide Customer (“Customer”) with one (1) dumpster the customer has requested (the “Dumpster”) for the initial period of time as defined herein. At the end of the initial period of time, SOUTHERN MAINE ROLL-OFF will pick-up and remove the Dumpster and deposit the contents at an approved waste management facility.
2. INITIAL PERIOD OF TIME. The initial period of time shall, upon the Customer’s decision, start on date of delivery and shall end on the 7th day of rental, and not to exceed a total of 7 days, (additional rental days begin on day eight) also at Customer’s determination, should Customer determine to keep the Dumpster for an extended period, then Customer must contact Southern Maine Roll-Off 72 hours in advance of scheduled pickup, and pay in advance for an additional time period, but once again not to exceed 7 days for every week thereafter. Additional days can be added at the rate of $25.00 per day. We are unable to extend rentals on the scheduled day for pick up, as your dumpster will already be scheduled for its next delivery. Leaving a voicemail message about extending a rental will not be considered notice. Additional days must be paid for in advance with a credit card, no exceptions.
3. CUSTOMER OBLIGATIONS. Customer shall direct SOUTHERN MAINE ROLL-OFF STAFF, upon ordering the Dumpster, where the Dumpster shall be delivered on Customer’s property including the approximate location on the property. Customer is responsible that such location on Customer’s property is an appropriate location for the Dumpster. Customer may deposit into the Dumpster all Allowed Materials (defined below) up to i) four (4) tons in weight and ii) not exceeding the dimensions of the Dumpster including rising above the side walls of the Dumpster.
4. ALLOWED MATERIALS. Customer may deposit any household and similar materials into the Dumpster (the “Waste”) except items stated on the Southern Maine Roll-Off website but specifically excluding any waste that is or contains any infectious waste, radioactive, volatile, corrosive, flammable, explosive, biomedical, biohazardous material, regulated medical or hazardous waste or toxic substances as defined pursuant to or listed or regulated under applicable federal, state or local law (“Nonconforming Waste”). Customer represents and warrants that it will comply with all applicable laws in the disposal of Waste. Customer agrees to be responsible and shall pay any and all fees, fines, clean-up costs and other related expenses should there be any Nonconforming Waste placed into the Dumpster.
5. SOUTHERN MAINE ROLL-OFF REPRESENTATIONS AND WARRANTIES. SOUTHERN MAINE ROLL-OFF hereby represents and warrants that: (a) SOUTHERN MAINE ROLL-OFF will manage the Waste in a safe and workmanlike manner in full compliance with all valid and applicable federal, state, and local laws, ordinances, orders, rules, and regulations; and (b) it will use disposal facilities that have been issued permits, licenses, certificates or approvals required by valid and applicable laws, ordinances and regulations. Except as provided herein, SOUTHERN MAINE ROLL-OFF makes no other warranties and hereby disclaims any other warranty, whether implied or statutory
6. CUSTOMER BREACHES AND SOUTHERN MAINE ROLL-OFF REMEDIES OF THIS AGREEMENT. Customer shall be in default of this Agreement for any of the following reasons: i) Customer fails to have the right (either through ownership, leasing or other authority) to authorize the Dumpster be located on the property as Customer has requested; ii) Customer prevents SOUTHERN MAINE ROLL-OFF from picking up the Dumpster as provided herein; iii) Customer places any Nonconforming Waste in the Dumpster; iv) Customer fails to pay any Additional Fees as required under this Agreement; or v) Customer violates any other provision in this Agreement. Upon SOUTHERN MAINE ROLL-OFF declaring Customer in default, SOUTHERN MAINE ROLL-OFF shall have the following Remedies: i) to collect any fees owed to it pursuant to this Agreement; ii) to collect any costs incurred by it in determining whether any Nonconforming Waste was placed into the Dumpster; iii) should SOUTHERN MAINE ROLL-OFF be denied the ability to pick up its Dumpster as provided under this Agreement, to collect from Customer an amount equal to SOUTHERN MAINE ROLL-OFF initial costs of the Dumpster, time and labor to deliver and pick-up the Dumpster, any Additional Fees owed plus all court costs and legal fees incurred to collect the fees due and the Dumpster; iv) any fees, fines or other expenses incurred by SOUTHERN MAINE ROLL-OFF due to Nonconforming Waste; and v) any other fees, costs or expenses allowed under the law but not listed herein.
7. ADDITIONAL FEES. Customer shall be liable for the following fees and where applicable pays such fees to Southern Maine Roll-Off prior to the event listed: i) in the event Customer needs the Dumpster moved to another location on Customer’s property, Customer shall pay a $125.00 Moving Fee; ii) should Customer want to extend the Initial Period of Time, Customer shall pay a $25.00 Extension Fee for each additional day which will grant to Customer an Extension for an additional 7 days for the initial period of time; and iii) where Customer has attempted to deposit more than Four (4) tons of material into the Dumpster, the fee of $600.00 for an additional Dumpster to hold such additional material. Should the customer’s delivery location reside further than 40 miles from our Steep Falls, Maine location, the customer shall be liable for a mileage fee of $5.50 per mile each way. Customer shall be responsible for disposal of any items that will incur additional fees at the disposal facility. If the dumpster is blocked at the time of pick-up, the customer shall pay a $100.00 fee for the dumpster being blocked at the time of pickup and a wait time charge of $50.00 per hour at 1 hour minimum will be applied. If customer needs a dumpster swap-out for an empty dumpster, the customer shall pay the full rental rate for a new dumpster.
8. CANCELATION POLICY. If for any reason the customer cancels their order after payment is made, the customer will be issued a 95% refund.
9. INSPECTION; REJECTION OF WASTE. SOUTHERN MAINE ROLL-OFF’s agent, through his or her knowledge and experience, shall determine if the contents placed in the Dumpster exceed Four (4) Tons, where upon Customer shall have the option to i) unload enough material to an amount less than or equal to Four (4) Tons or ii) have an additional Dumpster delivered and be charged Additional Fees. In addition, SOUTHERN MAINE ROLL-OFF shall have the right to inspect, analyze or test any waste delivered by the Customer. If Customer’s Waste is Nonconforming Waste, SOUTHERN MAINE ROLL-OFF can, at its option, reject Nonconforming Waste and return it to Customer or require Customer to remove and dispose of the Nonconforming Waste at Customer’s expense. Customer shall indemnify, hold harmless and pay or reimburse SOUTHERN MAINE ROLL-OFF for all costs, damages and/or fines incurred as a result of or relating to Customer’s tender or delivery of Nonconforming Waste or other failure to comply or conform to this Agreement, including costs of inspection, testing and analysis.
10. LICENSE TO ENTER. Customer grants SOUTHERN MAINE ROLL-OFF a license to enter Customer’s property for the purpose of performing Services as defined in this Agreement and to recover SOUTHERN MAINE ROLL-OFF’s equipment. Customer warrants that Customer’s property is sufficient to bear the weight of SOUTHERN MAINE ROLL-OFF’s equipment and vehicles and that SOUTHERN MAINE ROLL-OFF shall not be responsible for any damage to Customers’ property resulting from Services.
11. EQUIPMENT. All equipment furnished by SOUTHERN MAINE ROLL-OFF shall remain the property of SOUTHERN MAINE ROLL-OFF; however, Customer shall have custody, care, and control of the equipment and shall bear responsibility and liability for all loss or damage to the equipment, and its contents, while at Customer’s property. Customer shall not overload, move, or alter equipment and shall use equipment only for its authorized and intended purpose. At the end of the Initial Period of Time (or its extension as provided herein), SOUTHERN MAINE ROLL-OFF shall pick up the equipment. Customer agrees that it shall return equipment to SOUTHERN MAINE ROLL-OFF in the condition that it was provided, normal wear and tear excepted.
12. INDEMNIFICATION. SOUTHERN MAINE ROLL-OFF agrees to indemnify, defend and hold Customer harmless from and against any and all liability (including reasonable attorney fees) which Customer may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law, to the extent caused by SOUTHERN MAINE ROLL-OFF’s breach of this Agreement or by any negligent act, negligent omission or willful misconduct of SOUTHERN MAINE ROLL-OFF or its employees, which occurs during the collection or transportation of Waste, provided however, that SOUTHERN MAINE ROLL-OFF’s indemnification obligations will not apply to occurrences involving Nonconforming Waste. Customer agrees to indemnify, defend and hold SOUTHERN MAINE ROLL-OFF harmless from and against any and all liability (including reasonable attorney fees) which SOUTHERN MAINE ROLL-OFF may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by Customer’s breach of this Agreement or by any negligent act, negligent omission or willful misconduct of the Customer or its employees, agents or contractors in the performance of this Agreement or Customer’s use, operation or possession of any equipment furnished by the SOUTHERN MAINE ROLL-OFF. Neither party shall be liable to the other for consequential, incidental, or punitive damages arising out of the performance of this Agreement.
13. UNCONTROLLABLE CIRCUMSTANCES. Except for the obligation to make payments hereunder, neither party shall be in default for its failure to perform or delay in performance caused by events beyond its reasonable control, including, but not limited to, strikes, riots, imposition of laws or governmental orders, fires, acts of God, and inability to obtain equipment, permit changes and regulations, restrictions (including land use) therein, and the affected party shall be excused from performance during the occurrence of such events.
14. ENTIRE AGREEMENT. This Agreement represents the entire understanding and agreement between the parties relating to the management of waste and supersedes any and all prior agreements, whether written or oral, between the parties regarding the same.
15. TERMINATION; LIQUIDATED DAMAGES. Provided however, that the terms and conditions of this Agreement shall remain in full force and effect with respect to any uncompleted or unfinished Service provided for under this Agreement. SOUTHERN MAINE ROLL-OFF may immediately terminate this Agreement in the event of Customer’s breach of any term or provision of this Agreement, including failure to pay on a timely basis.
16. MISCELLANEOUS. (a) This Agreement shall be binding on and shall inure to the benefit of the parties and their respective successors and assigns. (b) The prevailing party will be entitled to recover reasonable fees and court costs, including attorneys’ fees, in interpreting or enforcing this Agreement. In the event Customer fails to pay SOUTHERN MAINE ROLL-OFF all amounts due hereunder, SOUTHERN MAINE ROLL-OFF will be entitled to collect all reasonable collection costs or expenses, including reasonable attorney fees, court costs or handling fees for returned checks from Customer; (c) The validity, interpretation and performance of this Agreement shall be construed in accordance with the law of the State of Maine and shall be adjudicated in the Courts located in Cumberland County, Maine; (d) If any provision of this Agreement is declared invalid or unenforceable, then such provision shall be deemed severable from and shall not affect the remainder of this Agreement, which shall remain in full force and effect; (e) Customer’s payment obligation for Services and Customer’s obligations, Warranties and Indemnification made hereunder shall survive termination of this Agreement.