By purchasing any rental from Unlimited Recycling Inc, you are agreeing to and accepting the following “Service Agreement”.
SERVICE AGREEMENT – DUMPSTER
Unlimited Recycling, Inc.
Po Box 363. Richmond, MI. 48062
(586) 784-4980 Or Fax (586) 784-4981
Customer agrees to pay base price for dumpster which includes delivery, standard maximum tonnage and fuel surcharge (fuel/environmental fee fluctuates monthly, tied to the DOE currently at 12.5%) due prior to delivery. All dumpsters include (7) days of rental, $5.00/day thereafter; or $90/Month if no activity. Disposal fees for any additional materials will be billed at $55 per ton above the maximum tonnage. Customer is responsible for any additional fees assessed by the disposal site for unacceptable materials. Please do not overfill dumpsters over the fill line indicator! Any additional fees due to overweight or other fees not paid for upon delivery are due within (7) days of container being picked up. Any unpaid balance after (7) days will start to accrue 1.5% (18% annually) interest from the date of pickup until paid in full.To avoid additional charges – dumpsters used for heavy materials, including, cement, asphalt, shingles, dirt, brick and like materials cannot exceed 10 yards of material. Our containers must be covered during transportation according to DOT regulations. Overfilled dumpsters will incur a false trip charge of $175.00. Please note that delivery/pickup times are not guaranteed. Please allow 2-3 days lead time prior to your required delivery date.
- 10yd – 2 tons
- 20yd – 3 Tons
- 30yd – 4 tons
- 40yd – 6 tons
CREDIT AGREEMENT; CHARGES; PAYMENTS; ADJUSTMENTS
In consideration of Unlimited Recycling (referred to herein as UR) extending credit to applicant, applicant agrees to pay for all recycling services provided at the request of applicant by UR within seven (7) days from the date of UR’s invoice for said items. All accounts are due and payable at the remittance address shown on the UR invoice. Applicant agrees that each of the terms and conditions of sale stated on the UR invoice shall be a term of the contract of each sale from UR to applicant. Applicant acknowledges that a monthly finance charge of 1.5% (18% annually) shall be assessed on all sums due to UR, which have not been paid according to regular credit terms, and applicant agrees to promptly pay said finance charges. Waiver of any one or more finance charges shall not be deemed to be a waiver of future finance charges. If UR commences litigation or employs attorneys in order to secure payment of any sums due to it from applicant, the applicant agrees to pay attorney’s fees and costs associated with collection of said sums due. The undersigned warrants that the above agreement has been carefully read and that applicant understands the same. Applicant authorizes UR to obtain credit and financial information concerning the applicant at any time and from any source. The undersigned agrees that for purposes of venue, this agreement will be entered into Macomb County, Michigan, and any dispute will be litigated or arbitrated in Macomb County, Michigan and Customer hereby consents to the personal jurisdiction of the Michigan State Courts.
The material/waste to be collected, recycled and/or disposed of by Unlimited Recycling pursuant to this agreement is solid waste generated by customer excluding the following unacceptable / hazardous material:
- Aerosol Cans
- Air Conditioners
- All Liquids
- Chemical Products
- Contaminated Soils (Mixed With Solvents, Gasoline, Etc.)
- Deep Freezers
- Electronic Equipment
- Fluorescent Tubes
- Food Waste
- Hazardous Waste
- Herbicides & Pesticides
- Industrial Waste
- Lubricating/Hydraulic Oil
- Medical Waste
- Motor Oil
- Oil Filters
- Other Flammable Liquids
- Paint (Except Completely Dried Latex Paint)
- Petroleum-Contaminated Soil/Lead Paint Chips
- Propane Tanks
- Radioactive, Material
- Transmission Oil
The term “hazardous material” shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the resource conservation and recovery act of 1976 as amended and applicable state law. Title to and liability for any waste excluded above shall remain with customer and customer expressly agrees to defend, indemnify and hold harmless Unlimited Recycling from and against any and all damages, penalties, fines and liabilities resulting from or arising out of such waste excluded above.
Customer agrees to and shall defend, at its sole expense; indemnify; and hold UR harmless from and against any and all damages, fines, penalties, costs, expenses and/or fees (including reasonable attorneys’ fees) awarded or assessed against UR or Client in association with or reached through a negotiated settlement of any third-party claim, demand or suit (“Claim”) against UR or Customer.
LIABILITY FOR EQUIPMENT
Customer acknowledges that it has the care, custody and control of equipment owned by Unlimited Recycling and accepts responsibility for all insurance, loss and damage to the equipment, other than normal wear and tear and except when it is being physically handled by employees of Unlimited Recycling. Customer expressly agrees to defend, indemnify and hold harmless Unlimited Recycling from and against any and all claims for loss of or damages to property, or injury or death of person or persons, resulting from or arising in any manner out of customer’s use, operation or possession of any equipment furnished under this agreement.
DAMAGE TO FACILITY
Customer acknowledges that Unlimited Recycling shall not be liable for any damages to pavement or driving surface resulting from its truck’s servicing an agreed upon area. Unlimited Recycling will be responsible for any damages to facility resulting from the partial or willful negligence of its employees.
GOVERNING LAW AND VENUE
This Agreement and the terms thereof are governed by and construed in accordance with the laws of the State of Michigan (exclusive of its choice of law rules), and the federal laws of the U.S., without giving effect to any principles of conflicts of law. b. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision will be enforced to the fullest extent that it is valid and enforceable under applicable law and will not affect the validity and enforceability of any remaining provisions. UR’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. No waiver of any of the terms of this Agreement will be deemed a further or continuing waiver of such term or any other term or condition. UR reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of Customer’s transactions with UR. Customer agrees that any claim Customer may have arising out of or related to Customer ‘s relationship with UR must be filed within one month after Customer ‘s payment for the provided pursuant to this Agreement.