DEFINITION OF EQUIPMENT. The term “equipment” as used herein shall mean all equipment furnished by Contractor in providing the services as specified on the face of this agreement. All equipment furnished by Contractor, which Customer has not purchased, shall remain the property of Contractor, and Customer shall have no right, title or interest in the equipment.
CUSTOMER’S RESPONSIBILITY FOR EQUIPMENT. Customer shall not overload container above the sides. Customer shall be responsible for all overload fines, loss or damage to the equipment, other than normal wear and tear, and except for loss or damage resulting from Contractor’s handling of the equipment when providing its services hereunder. Customer agrees to indemnify, defend and hold harmless Contractor against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property arising out of Customer’s use, operation or possession of the equipment.
WASTE MATERIALS. Customer warrants that the waste materials delivered to Contractor hereunder will not contain any matresses, hazardous, toxic or radioactive wastes or substances (such as antifreeze, batteries, oil, paint, refrigerator Freon, or tires) as defined by applicable federal, state, local or provincial laws and regulations. Contractor has the right to reject said materials or charge extra for disposal of said materials. Contractor shall acquire title to the waste materials when loaded onto Contractor’s vehicles, provided, however, that title to and liability for the waste materials excluded from this agreement above shall remain with Customer, and Customer agrees to indemnify, defend and hold harmless Contractor against 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 the warranty stated above.
CHARGES AND PAYMENT. Customer agrees to all charges for services to be provided. Customer will make payment in full for those services to be provided prior to or at the time of service.
PAVEMENT DAMAGE. Contractor shall not be responsible for damage to Customer’s pavement or other driving surface resulting from the weight of Contractor’s vehicles servicing the equipment location designated by Customer.
ATTORNEYS’ FEES. In the event of a breach of this agreement by either party, the breaching party shall pay all reasonable attorneys’ fees, collection fees and costs of the other party incident to any action brought to enforce this agreement.
WE CANNOT PROMISE A DELIVERY TIME. CONTAINER WILL BE DELIVERED WITHIN 4 HOURS OF TIME INDICATED ON YOUR SERVICE AGREEMENT. CONTAINER MUST BE ACCESSIBLE TO DRIVER AT TIME OF SERVICE TO AVOID YOUR BEING CHARGED A DRIVER WAIT FEE.