CONTRACT TERMS & CONDITIONS
Waste Material: Waste material collection and disposed of by You Call We Haul NY Corp. (“YCWH”) pursuant to this Agreement is limited to non-hazardous waste generated by Customer. (a) Hazardous Material: YCWH will not accept any hazardous or dangerous material, including, but not limited to radioactive materials, explosives, corrosives, oxidizing agents, infectious wastes, pathological wastes, chemotherapeutic wastes, and any other materials deemed not acceptable by YCWH. The inclusion of hazardous waste materials may result in additional charges to the Customer. Customer agrees to indemnify and hold YCWH harmless for any and all liability arising out of a contaminated load, including, but not limited to legal actions, claims, fines, sanctions, or any other liability. No hazardous waste, as classified by any local state or federal agencies authorized to categorize the same is to be loaded or placed in YCWH containers and/or equipment. Any barrels, tanks or containers having any liquid or chemical compounds classified as hazardous or toxic by local, state or federal agencies authorized to categorize the same are not permitted to be loaded into YCWH containers and/or equipment. YCWH reserves the right to charge customer for disposal of and/or fines imposed against YCWH for hazardous waste.
Duration: The terms of this Agreement shall remain in effect for ninety (90) days from the date of signing. YCWH reserves the right to modify the terms of this Agreement in its sole discretion.
Pricing and Payment: Customer hereby agrees to the prices for container services supplied by YCWH, as specified herein. Pricing varies based on Customer’s locations and may differ by city, county, and state. Payment is due immediately upon receipt of any invoice for services rendered. Customer agrees to promptly pay all sums when due. Customer authorizes YCWH or YCWH’s agents to verify any information provided by Customer and obtain additional information by securing data from a credit reporting agency, as required. Customer authorizes YCWH to charge Customer’s credit card for unpaid balances and any future delinquent balances. Customer acknowledges that the credit card may be charged multiple times for one container, as provided for in this Agreement. Customer agrees and acknowledges that YCWH assumes no obligation to extend credit to Customer at any time.
Sales Tax: YCWH will be charge sales tax pursuant to the New Yok State and Local Sales and Use Tax Law, which is (8.875%). Projects exempt from tax under these provisions will not be charged, provided a completed sales tax exemption certificate or capital improvement certificate is submitted with this Agreement.
Default: If a default occurs with respect to payment on any account on which Customer is or may be liable and which necessitates placement with an Attorney or bonded collection agency, Customer agrees to pay an additional 35% collection charge on the entire open balance together with reasonable attorney’s fees for YCWH to recover unpaid sums due YCWH. For good and valuable consideration, the undersigned jointly and individually agree to be held personally liable for all debts based on the extensions of credit to any other corporation or business entity with which the undersigned is or may be affiliated.
Enforcement: Customer agrees to hold YCWH harmless and to Indemnify YCWH for any legal fees, costs, expenses, claims, judgments, or any other liability arising out of YCWH’s responsibilities under this Agreement, including, but not limited to any legal action brought against YCWH.
Cancellation/Access: YCWH must be notified of cancellations at least 24 hours in advance of the date of service. Any cancellations within 24 hours of date of service or while truck is in route to Customer’s location will be subject to a cancellation fee of up to $250. If Customer violates or is charged with a violation of any law, regulation, ordinance which may govern this Agreement or the services rendered thereto or fails to comply with the terms of this Agreement, YCWH shall have the right to terminate the Agreement and any future services thereunder unless Customer shall make prompt payment. Customer agrees to provide unobstructed access to the equipment on the scheduled service day. If the equipment is inaccessible so that the scheduled service cannot be made, YCWH will charge the Customer a trip charge of $250 and also promptly notify Customer and afford the Customer a reasonable opportunity to reschedule the service.
Title: YCWH shall acquire title to waste material, as hereinabove defined, when said material loaded into YCWH’s container(s) and/or vehicle. Title to and liability for hazardous materials shall remain with Customer.
Liability for Equipment: Customer acknowledges that it has care, custody and control of YCWH’s equipment and agrees to protect YCWH’s equipment from any unreasonable risks of harm or damage. Customer shall be liable for the cost of repairing or replacing equipment owned by YCWH that may become damaged or destroyed while in the possession of Customer.
Delays: YCWH shall not be responsible for any losses or damages resulting from delays in supplying and/or servicing a container to Customer. Customer engaging containers on a time basis shall not be entitled to any refund in the event said container is not utilized during said period or is underutilized. Any extensions of time shall be subject to negotiations for an additional specified rate.
Clean Up: YCWH shall not be responsible for any debris on the ground or in the immediate vicinity of any container.
Permits: Customer is to supply all barricades, flashing lights, reflectors and other safety equipment as may be required by local authorities. Customer is responsible for obtaining required permits as may be needed if operating in New Jersey. All containers placed on streets in New York require a street permit pursuant to the Rules of the Department of Transportation and will be obtained by YCWH. Customer will be charged a permit fee for all required permits. Permits are valid for a maximum of 5 days and all containers must be scheduled for removal by Customer no later than the 4th day. Failure to schedule removal within the requisite period will result in an additional permit fee charged to Customer. YCWH reserves the right to pick up containers after five (5) business days. Failure to schedule removal within the requisite period will result in an additional charge of $10 per day for any inactivity on container(s) or equipment.
Damage to Premises: It is expressly agreed and understood that YCWH shall not be responsible for any damaged to pavement, driving surface, lawns or walkway, wells, septic systems, building, vehicles, or any other real or personal property while Customer is in possession of YCWH’s containers or equipment. Customer agrees to indemnify and hold YCWH harmless for any and all liability, arising out of damages to any premises, including, but not limited to legal actions, claims, fines, sanctions or other liabilities as they may arise in connection with Customer’s possession of containers and equipment owned by YCWH.
Yardage, Overfills and Offloads: Customer shall observe the fill line indicated on YCWH’s containers and equipment and agree to load the same safely and not to exceed any specified yardage limits in filling any container. Customer is responsible for any overweight charged. Customer will have to pay a $150 overload charge per service. YCWH is not responsible for any overweight charged, YCWH is not responsible for spillage due to overloaded containers. In the event YCWH incurs any fines, penalties or any other criminal, civil or administrative liability as a result of the overloading and/or spillage of any container for the term of this Agreement, Customer agrees to indemnify and hold YCWH harmless for any and all such liabilities, including but not limited to reasonable attorney fees and costs.