Services rendered: Customer grants to the undersigned (Howdy Enterprises, LTD. dba Howdy Kan, Howdy Garbage, Howdy Disposal) hereafter referred to as the “Contractor”, the exclusive right to collect and dispose of all Waste Materials and agrees to make the payments as provided for herein, and agrees to furnish such series and equipment specified above, all in accordance with the terms of this Agreement.
Charges and Payments: Customers shall pay Contractor on a monthly basis for the collection and disposal service provided by Contractor. Payment shall be made by Customer by 1st of every month. Late payment fees will be applied after the 3rd day of every month, with customers being added to the locked list until bill is paid in full. In the event that any payment is not made when due, Contractor may, at its sole option, terminate this Agreement on notice to the Customer and recover all past due payments, recovery and equipment on the premises of the Customer and to recover liquidated damages from Customer as set forth below.
Rate Adjustments: Because disposal and fuel costs constitute a significant portion of the cost of Contractors services provided hereunder, Customer agrees that Contractor may increase the rates hereunder proportionately to adjust for any increases in such costs and/or any increase in transportation costs due to changes in locations in the disposal facility. Customer agrees that Contractor may also increase the rates from time to time to adjust for increases in the Customer Price Index and Customer agrees that contractor may also proportionately pass through to Customer increases in the average weight per container yard of the Customers Waste Materials, increased in Contractors costs due to changes in local, state, or federal rules. Ordinates regulations applicable to Contractor’s operations or the services provided hereunder, and increase the taxes, fees, or other governmental charged assessed against or passes through to Contractor (other than income or real property taxes) and shall not be withheld by the customer.
Waste Material: Customer represents and warrants for the materials placed in the equipment shall be “waste material” as defined herein and shall contain no other substances. The term “waste material” as used in these Terms and Conditions shall mean solid waste generated by customer excluding radioactive, volatile, highly flammable, explosive, biomedical, infectious, toxic, or hazardous material. The term “hazardous material” shall include but not limited to any amount of waste listed or characterized by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery act of 1976 as mended, or applicable state law. Contractor shall acquire title to the waste material when it is loaded into Contractor’s truck. Title to and liability for any waste excluded above shall remain with Contractor and Customer expressly agrees to defend, indemnify and hold harmless Contractor from and against all damaged, penalties, fines and liabilities resulting from or arising of such waste excluded above. No Construction material, refrigerators, appliances, sofas, etc.
Driveways and Parking Areas: Customer warrants that any right of way provided by Customer for Contractor’s equipment location to the most convenient public way is sufficient to bear the weight of all of Contractor’s equipment and vehicles reasonable required to perform the service herein contracted. Contractor shall not be responsible for damage to any private pavement or accompanying sub-surface of any rout reasonable necessary to perform the services herein contracted and Customer assumes all liabilities for damage to pavement or road service.
Equipment:
a) Responsibility: The equipment furnished hereunder by Contractor shall remain the property of the Contractor. However, Customer acknowledges their care, custody and control of the equipment while at the Customer’s location and accepts responsibility for all loss or damage to the equipment (excludes normal wear and tear or damage resulting from Contractor’s handling of the equipment) and for its contents. Customer agrees to not overload by weight or volume, move or alter the equipment, and shall use the equipment only for its proper and intended use. Customer agrees to indemnify, decline and hold Contractor against all claims, damages, suits, penalties, fines and liabilities for injury of death to persons or loss or damage to property arising from the customers use, operation or possession of the equipment.
b) Access: Customer agrees to provide unobstructed access to the equipment on the scheduled collection day. If the equipment is inaccessible so that the regular scheduled pickup cannot be made, Contractor will promptly notify the Customer and afford the Customer a reasonable opportunity to provide the required access; however, Contractor reserve the right to charge an addition fee for any additional collection service required by Customer’s failure to provide such access.
c) Definition: The word “equipment” as used in these Terms and Conditions shall mean all containers used for the storage of the waste material including stationary compaction units, stationary bailing units, waste material loading devices, tanks, tankers, and such other on site devices as may be specified on the face of this agreement.
Liquidated Damages: If the Customer defaults or attempts to cancel Contractor’s service or the Agreement, Customer agrees that the Contractor’s actual damages would be difficult, if not possible, to calculate, therefore, Customer agrees that in such event shall pay all past due sums, and in addition, shall pay as liquidated damages and not a penalty an amount equal to 50% of the product of the last monthly charge at the time of default or cancellation multiplied by the number of months then remaining in the current terms of the Agreement, plus all attorney’s fees. Contractor need to enforce its right against Customer Cancellation of said contract.
Attorney’s Fees: In the event of a breach in this Agreement by either party, the Customer shall pay all reasonable attorney’s fees and collection fees. In the event the Customer fails to pay Contractor all amounts which becomes due under this Agreement, or fails to perform its obligations hereunder, and the refers such a matter to an attorney, Customer agrees to pay, in addition to the amount due, any and all costs incurred by Contractor as a result of such action, including, to the extent permitted by law, reasonable attorney’s fees.
Right To Compete: Customer grants to contractor the right to compete with any offer which Customer receives (or intends to make) relating to the provisions of nonhazardous waste collection and disposal service upon the termination of this agreement for any reason, and agrees to give Contractor written notice of any such offer and a reasonable opportunity to respond to it.
Assignment and Benefit: This Agreement shall not be affected by any changes in the Customer’s service address if new such address is located within Contractor’s service Area. The agreement shall be binding on the parties and their successors and assigns.
Excused Performance: Neither party hereto shall be liable for its failure to perform or delay in performance hereunder to contingencies beyond its reasonable control including, but not limited to, strikes, riots, compliance with laws or government orders, inability to get container, fires and acts of God such failure shall not constitute a Default under this agreement.
Changes to Terms: Changes in the schedule of Charges, frequency of collection services, number, capacity, and/or type of equipment may be agreed to orally, in writing, or by the actions ad practices of the parties. These terms and conditions are subject to change without notice at the discretion of the Contractor. The customer will be notified of these amended terms and conditions via email. The terms and conditions will be posted to our website at the time changes are made.
