EXCUSED PERFORMANCE
Customer acknowledges that Supreme Waste Network shall not be responsible or liable for any damages to pavement, curbing, or driving surfaces resulting from its trucks or equipment providing the services hereby provided.
TERMS AND CONDITIONS
CUSTOMER UNDERSTANDS AND AGREES THAT THE PROVISIONS AND AGREEMENTS CONTAINED WITHIN THIS CONTRACT ARE HEREBY INCORPORATED BY REFERNECE, CONSTITUTE AGREEMENTS OF THE PARTIES, AND ARE A PART OF THIS AGREEMNT. CUSTOMER HAS READ AND BY HIS/ITS ACCEPTANCE OF THE TERMS ACKNOWLEDGES HAVING READ THE PROVISIONS AND TERMS AND CONDITIONS, AND THE PERSON SIGNING THIS AGREEMENT ON BEHALF OF CUSTOMER AGREES AND GUARANTEES TO BE FULLY RESPONSIBLE FOR ALL PAYMENTS DUE TO SUPREME WASTE NETWORK.
WASTE MATERIAL
Customer grants Supreme Waste Network the exclusive right to collect and dispose all of customer waste materials as warranted below (including recyclables). Customer warrants that waste material is to be collected and disposed of by Supreme Waste Network’s service providers pursuant to this agreement is waste generated by customer excluding any hazardous, toxic or radioactive wastes or substances ad defined by applicable federal, state and local or provincial laws or regulations. Supreme Waste Network’s service providers shall acquire title to the waste material when it is loaded into their trucks and/or containers. Title to and liability for any waste excluded above shall remain with customer and customer expressly agrees to defend, indemnify and hold harmless Supreme Waste Network and its service providers from and against any and all damages, penalties, fines and liability resulting from or arising out of such waste excluded above.
EQUIPMENT RESPONSIBILITY
The equipment provided hereunder and shall remain the property of Supreme Waste Network’s service providers. Customer shall be responsible for all loss and/or damage to the equipment except for normal wear and tear or for loss or damage resulting from Supreme Waste Network’s service providers handling of equipment. Customer expressly agrees to defend, indemnify and hold harmless Supreme Waste Network and its service providers from and against any and all claims for loss of or damage to property, or injury to or death of person or persons, resulting from or arising in any manner out of customer use, operation or possession of any equipment furnished under this agreement. Customer hereby grants the Supreme Waste Network and its service providers the right of access to the equipment at all reasonable times in order to provide the service or inspect the equipment. If the equipment is inaccessible, customer will be notified, and any additional collection service or attempt to provide such service shall be charged as an extra pick-up, dry-run.
CHARGES AND PAYMENT
Customer shall pay Supreme Waste Network on a term of no more than thirty (30) days after the date of invoice/statement/bill for the services and/or contractor furnished equipment in accordance with the charges and rates provided herein. Payment shall be made within thirty (30) days after receipt of an invoice from Supreme Waste Network. Supreme Waste Network may charge, and customer agrees to pay a late fee for all past due payments, such fees not to exceed the maximum allowed rate by applicable law. Customer shall be responsible and agrees to pay for all charges billed, applicable taxes, franchise fees, environmental fees levied by either Supreme Waste Network or local, State or Federal Government. In the event that payment is not made when due, Supreme Waste Network may terminate this agreement on notice to customer, recover any equipment on the premises of customers and recover the liquidated damages described below. Customer shall pay the Supreme Waste Network a rental fee, any roll off container which has no activity within a ten (10) day period, from the date of last service of the container.
EXCUSED PERFORMANCE
Neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond its reasonable control including, but not limited to: container/dumpster shortages, strikes, riots, fires, hurricanes, and acts of God. Customer acknowledges that Supreme Waste Network shall not be responsible or liable for any damages to pavement, curbing, or driving services resulting from its trucks or equipment providing the services hereby provided.
MISCELLANEOUS
This agreement shall be construed under the laws of the State of Florida. This Agreement contains the entire understanding of the parties and supersedes all previous verbal and written, agreements; there are no other agreements, representations or warranties not set forth herein. If any conflicts exist in this Agreement between the terms which are printed and those which are typed or written, the typed or written language shall govern. This Agreement shall be binding on the part of Supreme Waste Network and customer and their respective heirs, successors and assigns in accordance with the Terms and Conditions set out herein. Neither party hereto shall assign this Agreement without the prior written, consent of the other party, except Supreme Waste Network without customer’s consent may assign this Agreement to any corporation affiliated with Supreme Waste Network.