General Terms and Conditions
General Terms and Conditions
Service Provided: ADRS Services. for the fee set forth herein shall collect, remove and dispose of all the NON-HAZARDOUS debris material , placed by customer in the equipment/containers provided by ADRS Services . It is understood that the terms of this contract do not include and do not contemplate the collection, removal or disposal of any waste material which is defined as HAZARDOUS or which requires special handling to comply with any statute, rule or regulation of any federal or state agency, department or authority.
Payment: Deposit is required upon submission of this agreement, unless otherwise noted in the contract. All payments shall be due within 15 days from invoice date. Final payment shall be upon submittal of the final invoice.
Interest on Unpaid Balance: Any amount not paid when due shall bear interest from the due date until paid in full at the rate of 1.5% per month. In the event it becomes necessary to place in the hand of an attorney or collection agency, the customer will be held responsible for all court cost, collection agency, and/or attorney fees.
Location: Customer shall provide ADRS Services with suitable and sufficient access to the equipment for collection purposes from a convenient public road or street. The location of such access way shall be approved by ADRS Services and shall be maintained by customer at customer’s expense in a condition suitable for the purposes intended. Should customer fail to provide or maintain such access at any time, ADRS Services . shall have the right to cancel and terminate this contract, immediately, without notice to customer. Further, customer warrants that the customer has either ownership or the right of possession to the location where the equipment/containers is to be located, as well as the location of the access way to the equipment/containers. ADRS Services shall not be responsible to customer for any damage to any pavement or sub-surface of any access way provided by customer.
Equipment/Containers: All equipment/containers furnished by ADRS Services shall be placed in the location provided by customer for the sole use of customer. The equipment/containers shall remain the property of ADRS Services, and the customer shall have no right, title or interest in the equipment/containers. Customer agrees to defend, hold harmless, and indemnify ADRS Services against all claims, lawsuits, and any other liability for injury to persons or damage to property or the environment caused in whole or in part by the negligence of the customer. Customer shall not use equipment/containers for incineration purposes, and shall be liable to ADRS Services for loss or damage to the equipment in excess of reasonable wear and tear during the life of this contract. Customer shall not abuse or misuse the equipment/containers in any manner inconsistent with the intended purposes contemplated by this contract. Customer will not place, nor allow to be placed, in the equipment/containers any waste material other than NON-HAZARDOUS solid waste as set forth above. Further, customer shall not attempt to relocate or move the equipment/containers as placed by ADRS Services to any other location or to re-position the equipment/containers in any manner. If moving, relocation or re-positioning of the equipment/containers is desired by customer, customer shall notify ADRS Services and ADRS Services shall move, relocate or re-position the equipment/containers as soon as possible after receipt of such request.
Waste Materials: Customer warrants that waste collected by ADRS Services here under will not contain any hazardous or toxic waste as defined by local, state, or federal laws, rules or regulations. Furthermore, customer shall be responsible for all fines and expenses incurred as a result of any hazardous or toxic waste.
Over-Weight / Over- loaded Containers: The Georgia Department of Transportation (GDOT) enforces and regulates weight limits for all commercial hauling vehicles on Georgia highways and roads. ADRS Services reserves the right to forward and invoice customer if a load is weighed and subject to citation from a GDOT department or agency and /or the GDOT department or agency has deemed a specific load unsafe for transportation. Customer warrants the equipment will only be filled level with its top and not otherwise overloaded. If equipment is deemed overloaded, ADRS Services has the right to refuse to handle the equipment, Customer shall pay for any extra trips, waiting times for overloaded containers, or charge a fee based on excess weight. Furthermore, customer shall be responsible for all fines and expenses incurred as a result of an overweight container. Customer of a “roll-off” is responsible for the cleanliness and safekeeping of the container.
Termination: This contract may be terminated by ADRS Services immediately and without notice to customer, for the following reasons: (1) Failure to pay the amount due, (2) Abuse or misuse of the equipment/containers by customer, (3) Failure of customer to provide access to the equipment/containers, (4) Breach of any of the terms of this contract or any warranty or representation or duty of the customer set forth herein. Upon termination of this contract as provided herein, Customer shall pay all balances due ADRS Services within fifteen (15) days of the date of termination, and shall allow ADRS Services to immediately pick-up and take possession of all equipment/containers provided by ADRS Services Upon termination ADRS Services shall have the right to immediately apply any deposit of Customer in its possession to any outstanding balance due ADRS Services
Access and Right of Entry: Further, upon termination of this Agreement for any reason, customer shall immediately allow ADRS Services to remove the equipment/containers from the property and shall not in any way, directly or indirectly, hinder, impede, block or deprive ADRS Services from such removal. In the event customer does not provide such access, ADRS Services is hereby granted a right of entry to the property of customer for the limited purpose of removing such equipment/containers, and ADRS Services shall be authorized to (1) undertake any and all means to gain access to customer’s property wherever the equipment/containers are located, (2) to hire others for the purpose of gaining access, (3) to move other equipment, vehicles and objects necessary to gain access to the equipment/containers and remove it, and (4) to do all things necessary to remove the equipment/containers from the customer’s property. Customer hereby releases ADRS Services from any and all damages, claims and causes of action which arise out of ADRS Services 's exercise of the rights granted herein. Further, customer shall indemnify and hold ADRS Services harmless for all costs, claims, liabilities, damages, and causes of action and expenses, including attorney fees, incurred by ADRS Services in obtaining possession of its equipment/containers as provided for herein. If this contract is terminated by ADRS Services for any of the reasons specified in section 8, above, ADRS Services shall not be required to remove from customer’s property any waste material in the equipment/containers at the time of pick-up and ADRS Services shall be authorized to empty said equipment/containers prior to pick-up and to leave such waste material on customer’s property. If Any fines are assesed for littering the customer will be held responsible for all fines.
PAYMENT AND PERFORMANCE OF THIS CONTRACT BY CUSTOMER IS PERSONALLY AND GUARANTEED BY THE UNDERSIGNED.