TERMS & CONDITIONS:
These Terms & Conditions between Cook St. Roll-Offs & Recycling (Company) and the Customer shall apply to any and all work performed pursuant to the lease of equipment described subject to the following terms and conditions:
NO OTHER AGREEMENT: Except as otherwise mutually agreed in writing, this document is the complete agreement of the parties and supersedes all other agreements or understandings, written or oral.
TERMS OF PAYMENT: WE ASK THAT ALL PAYMENTS ARE RECEIVED BEFORE OR AT THE TIME OF DELIVERY BY CREDIT CARD OR CASH, with the exception of additional rental fees, damage charges or weight overage charges, which, will be automatically charged to the original credit card put on file after pick-up. Customer understands that all additional charges will automatically be charged to the original credit card. If payment is not made within thirty (30) days from date of invoice Cook St. Roll-Offs will be entitled to interest on the unpaid balance at 1-1/2% per month (annual percentage rate 18%) or the maximum rate allowed by law, whichever is less. If payment is referred to collections, Cook St. Roll-Offs shall be entitled to its costs, including reasonable attorney fees, in collecting amounts due to Cook St. Roll-Offs.
CONFORMANCE TO ALL LAWS: Customer agrees to use the equipment in strict compliance with all applicable rules, laws and regulations. Placement of Roll-Off Dumpster must be on Customer’s property, as many municipalities will not allow them to be placed on the street or in a public right-of-way. IF customer requests that the equipment is placed in another location, not on their property, they take full responsibility for all claims, fines, consequences or other such implications. The front of the dumpster must remain clear for pick-up at all times to avoid a MISSED PICKUP CHARGE.
WARNING!! You are required to adhere to the maximum fill line posted on each dumpster and distribute items evenly throughout the dumpster. Waste cannot exceed the top of the dumpster and BY LAW all roll-off containers must be tarped to transport them to the landfill. We require that the containers not be filled higher than the top to avoid delays at the time of pickup. Should there be too much in the container, the Driver will ask for it to be removed prior to hauling it away. If this cannot be done within 15 MINUTES, A MISSED PICKUP CHARGE AND ADDITIONAL RENTAL FEES WILL APPLY.
In the event that materials or waste items are not distributed evenly into the dumpster and cause it to be unsafe to pick up or transport, materials will need to be off-loaded and re-loaded into the dumpster. A MISSED PICKUP CHARGE WILL BE APPLIED WHEN A DUMPSTER CANNOT BE REMOVED AT THE SCHEDULED TIME AND ADDITIONAL RENTAL FEES WILL APPLY.
IMPORTANT NOTICE: Cook St Roll-Offs charges an additional overweight tonnage charge for dumpsters that weigh more than the allowable weight limit based on dumpster size. THIS WEIGHT OVERAGE CHARGE IS $95.00 PER TON FOR ANY AMOUNT OVER THE MAXIMUM ALLOWED TONNAGE, prorated by the amount of overage per ton. If your roll-off dumpster exceeds the allowed capacity, Cook St Roll-Offs will send an overage invoice and process payment of additional fees to your credit card on file. A copy of the weight ticket from the disposal facility will be available upon request. For example, if the weight of your dumpster is 3.77 tons, and you have a limit of 3 tons, then you will be charged the prorated fee of (3.77 tons – 3 tons) x $95 per ton = $73.15.
Overly Heavy items such as dirt, concrete, brick, roofing materials, etc. must be declared prior to dumpster drop-off and will usually incur additional Weight Overage charges per ton. With these items the dumpster must be filled evenly and only halfway.
Equipment shall remain at Customer’s Site, except when handled by Company. Customer shall not make any changes, alterations, additions, or improvements in or to the equipment or move or relocate the equipment without Company’s prior written consent. Customer shall allow Company and/or its designee to enter the Site to examine or inspect the equipment, perform preventative maintenance and repairs, or for any other purpose permitted by this Agreement. Company has the right, at any time and at its sole discretion, to substitute the equipment for similar equipment of make and size, or of a make and size that provides for more efficient or economical service. Customer will be responsible for all damage to the Roll-Off dumpster while in their care, custody and control. You can request Cook St Roll-Offs to move the dumpster for only $100 additional cost.
Cancellations are accepted with 24-hours notice prior to delivery, otherwise a fee of $100 will be charged.
Additional Rental Costs and Fees that could be charged:
Additional Rental Time: $70 per week or $10 per additional day. There is a Maximum of 28 days, on any rental, anytime past the initial 28 days will result in additional rental charges. Scheduling extensions or changes are not guaranteed and cannot always be accommodated by the Company.
Other Charges and Fees:
PROHIBITED ITEMS:
Cook St Roll-Offs may refuse service to anyone, for any reason at the sole discretion of management.
CUSTOMER ACKNOWLEDGES that it has the care, custody, and control of the equipment owned by Cook St Roll-Offs and accepts responsibility for the equipment and its contents while it is on customer's property. Therefore, customer agrees to indemnify and hold harmless Cook St Roll-Offs from and against any and all claims for loss of or damage to property, injury or death of person or persons resulting from or arising in any manner of customers’ use, operation or possession of any equipment furnished under this agreement.
CUSTOMER ACKNOWLEDGES that Cook St Roll-Offs employees will drive company vehicle on customer's property. The customer accepts responsibility for any and all damage that may occur or rises out of Cook St Roll-Offs’ actions while servicing customers’ property. All liquidated and consequential damages are specifically excluded and shall not be accepted by Cook St Roll-Offs & Recycling. Including damage to the site resulting from delivery/pick-up or operation of equipment; including but not limited to damage to pavement, sidewalks, landscaping, ground conditions and underground structures.
INDEMNIFICATION: CUSTOMER AGREES, to the fullest extent of Colorado law, to indemnify, defend, save and hold Company, its employees and agents harmless from and against any and all claims, damages, losses, injuries, deaths, or other liabilities, including from customer’s employees, arising in any manner from Customer's rental and use of the Equipment pursuant to this Agreement. Customer’s duty to indemnify hereunder shall include costs or expenses arising out of claims specified herein or not, including court and/or arbitration costs, filing fees, attorney's fees and costs of settlement. Pursuant to C.R.S.A. 13-21-111.5, Company shall not be required to indemnify, insure or defend in litigation for damage arising out of death or bodily injury to persons or damage to property caused by the negligence or fault of the Customer or any third party under the control or supervision of the Company in regards to the Company vehicles at or around the Site during delivery, pick-up, moving or for routine inspection, including but not limited to roads, cubs, culverts, fences, landscaping, utilities or other areas of the site which Company's vehicles may come into contact with while delivering, picking up, moving, or servicing the Equipment at the Site. Customer will also be liable to Company for any and all consequential and/or special damages related to any breach of this Agreement by Customer. This provision is separate and distinct from any other provision or paragraph in this contract, including any provision or paragraph concerning indemnification and procurement of insurance. If any word, phrase or sentence of this paragraph is declared invalid then all other words, phrases or sentences of all paragraphs of this contract shall stand.
CUSTOMER AGREES to allow Cook St. Roll-Offs & Recycling to process payment of outstanding invoices after 7 days to any credit card they have on file. Further customer agrees to accept additional rental charges, damage charges or weight overage charges, if not disputed with Cook St Roll-Offs within 10 business days of invoice, and understands that weight overage charges will be automatically charged to the original credit card on file after pickup of equipment.
Signature on these Terms & Conditions or payment of the associated invoice shall constitute acceptance of all Terms & Conditions. The execution by an individual on behalf of a corporation or other business entity, does represent to Cook St Roll-Offs that the person whose signature is affixed thereto and the company for which the individual has signed this agreement, represent to Cook St Roll-Offs that the individual signing has the capacity and full authority enter into this agreement on behalf of said corporation or other business entity and further signing states that they have the legal right to acknowledge and agree to these Terms & Conditions for the property at which the dumpster is being placed.
If any provision of this agreement is deemed unenforceable under applicable state law, the remaining provisions shall remain in effect.