CUSTOMER’S LIABILITY AND HOLD HARMLESS. Customer will be solely responsible for the safekeeping and properly loading of waste into the equipment. The Customer shall release contractor and hold it harmless against any and all liabilities, claims, suits, and expenses arising out of or resulting from possession or use of the equipment and any damage to the equipment while it is on the Customer’s premises. Customer is responsible for costs of repair or damage to equipment while in their possession.
WASTE MATERIALS. The Customer warrants that the waste materials delivered to the CONTRACTOR WILL NOT CONTAIN ANY HAZARDOUS, TOXIC OR RADIOACTIVE WASTES OR SUBSTANCES DEFINED BY APPLICABLE FEDERAL, STATE, LOCAL, OR PROVINCIAL LAWS OR REGULATIONS.
WEIGHTS. The customer warrants that the equipment will only be filled level with its top or 24 inches from the bottom of being filled with heavy materials such as dirt, rock, concrete, plaster, sand or sod. Customer shall be liable for any overweight fines caused by an overweight condition.
CUSTOMER’S RESPONSIBILITY FOR EQUIPMENT. The Customer shall be responsible for all loss or damage to the equipment, other than normal wear and tear. Customer shall not overload or move the equipment or make any alterations or improvements to the
equipment. Customer shall be liable for any overweight fines caused by an overload condition. On day of collection. Customer shall provide unobstructed access to the equipment. If the equipment is inaccessible. Customer will be notified and charged for any additional collection service or attempts to provide such service.
CHARGES AND PAYMENT. Customer shall pay Contractor in accordance with Contractor’s established rates or the services provided. Customer shall be liable for all taxes, fees or charges imposed upon the disposal of Customer’s waste materials by federal, state, local or provincial laws and regulations. Payment shall be made by Customer within 10 days after receipt of an invoice from Contractor. Contractor may impose, and Customer agrees to pay a late fee. All returned checks carry a $25 fee and must be paid by cash. Returned checks are subject to TRIPLE DAMAGES AND COURT COSTS. (SEC. 1719 CHAPTER 522 CAL. C.V.C. 1983)
PAVEMENT DAMAGE. Contractor shall not be responsible for damage to Customer’s pavement or other driving surface resulting form the weight of Contractor’s vehicles serving the equipment location designated by Customer.
ATTORNEY’S FEES. In the event of a breach of this agreement by either party, the breaching party shall pay all reasonable attorney’s fees, collection fees and cost of the other party incident to any action brought to enforce this agreement.