CUSTOMERS RESPONSIBILITY FOR EQUIPMENT: customer shall be responsible for all loss or damage to the equipment, other than normal wear and tear and except for any loss or damage resulting from Contractor’s handling of the equipment when providing its services hereunder. Customer shall not overload or move the equipment except to make any alterations or improvements to the equipment and shall use the equipment only for the proper purposes for which it was intended. Customer shall be liable for any overweight fines caused by an overloaded condition.
Customer agrees to indemnify, defend and hold harmless Contractor against all claims, damages, suits, penalties, fines, or liabilities for injury or death to persons or loss or damage to property arising out of Customers use, operation or possession of the equipment.
On collection day, 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 Contractors established rates for the services provided. Customer shall be responsible for all taxes, fees, or other charges imposed upon the disposal of Customers materials by federal, state, or local or provincial laws and regulations. Customer must pay as agreed or may be charged late fees, not to exceed the amounts allowed by applicable law.
WASTE MATERIALS: Customer warrants that the wastes materials delivered to Contractor hereunder will not contain any hazardous, toxic, or radioactive wastes or substance as defined by applicable federal, state, or local laws or regulations nor any special wastes as defined by Contractor. Contractor shall acquire title to the waste materials when loaded into Contractors vehicles, provided, however, that the title to and liability for the waste materials excluded from this agreement shall remain with the Customer, and the Customer agrees to indemnify, defend and hold harmless Contractor against any and all claims, damages, suits, penalties, fines, and liabilities for injury or death to persons, or loss or damage to property or the environment arising out of the breach of warranty stated above.
PAVEMENT DAMAGE: Contractor shall NOT be responsible for damage to Customers pavement or other driving surfaces resulting from the weight of the contractors’ vehicles servicing the equipment location designated by the Customer.
ATTORNEY FEES: in the event of a breach of this agreement by either party, the breaching party shall pay all reasonable attorney fees, collection fees and costs of the other party incident to any action brought to enforce this agreement.
