Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
CUSTOMER TERMS & CONDITIONS
These Terms and Conditions are by and between Trash Titans LLC, a Virginia limited liability company and the customer identified in the applicable order form, work order, or other document affirming a mutual agreement, pursuant to which Trash Titans LLC, and its employees, agents, or contractors, will provide certain waste hauling, dumpster rental, for Customer. These Terms, along with the applicable Order Confirmation (collectively, this “Agreement”), constitute the full and complete agreement between Trash Titans LLC and Customer. References to “Trash Titans LLC” in this Agreement include Trash Titans LLC’s agents and contractors.
SUBMISSION OF SERVICE ORDERS
Requests for service may be submitted to Trash Titans LLC via telephone, email, or The Trash Titans’ website, or such other means as the parties mutually agree. Service Orders are not effective and binding until acceptance is conveyed in writing by Trash Titans LLC. Any terms submitted by Customer in addition to or different from these Terms or the applicable Order Confirmation are rejected and void unless specifically agreed to in writing by Trash Titans LLC. Except where otherwise specified, these Terms apply to both commercial and residential Customers.
EQUIPMENT; ACCESS
The Order Confirmation will identify the containers/dumpster provided by Trash Titans LLC. Unless otherwise specified, Equipment is provided AS IS. Customer agrees to inspect Equipment upon delivery and notify Trash Titans LLC in writing of any defects prior to use. Trash Titans LLC will use commercially reasonable efforts to ensure timely delivery and pickup.
Customer shall designate a placement location and represent that it owns or has authorization to use such location. Customer warrants that the Service Location and access routes are firm and capable of supporting the Equipment and transport vehicles. Customers acknowledge that Trash Titans LLC is not responsible for damage to pavement, subsurface, curbing, or other property resulting from performance of the Services and waives all related claims.
Customer shall not move Equipment without Trash Titans LLC prior written consent. Customer has care, custody, and control of Equipment while on site and acknowledges Trash Titans LLC right to enter the Service Location to service or recover Equipment. Customer must provide unobstructed access on scheduled service days and is responsible for all fines, fees, or costs related to Equipment placement or use.
Equipment must be returned in the same condition as delivered, normal wear and tear excepted. Customer is responsible for loss or damage at full replacement value plus administrative costs.
PAYMENT FOR SERVICES
Customer shall pay all fees stated in the Order Confirmation. Credit cards on file may be charged automatically. Invoice payments are due per invoice terms. Past-due balances accrue interest at 1.5% per month or the maximum allowed by law. Customer is responsible for all collection costs, including attorney’s fees.
Customer authorizes Trash Titans LLC to retain and charge credit card information during the Agreement term and up to 120 daysafter termination. Revocation of authorization permits Trash Titans LLC to terminate Services, recover Equipment, and pursue remedies.
TAXES
Customer is responsible for all applicable taxes, duties, and governmental charges.
TERM
Unless otherwise stated, the Agreement commences upon Customer’s first Service Order or first provision of Services and ends two (2) years after all amounts owed are paid in full.
TERMINATION
Customer Cancellation:
Customer may cancel an Order Confirmation no later than one (1) business dayprior to scheduled delivery, subject to written acknowledgment by Trash Titans LLC. Otherwise, cancellation requires Trash Titans LLC’s written consent and may be subject to fees.
Termination for Cause:
Trash Titans LLC may terminate immediately upon written notice if Customer:
EFFECTS OF TERMINATION
Trash Titans LLC may cease Services and recover Equipment at any time without liability.
ADVERTISING RIGHTS
Customer grants Trash Titans LLC the right to use Customer’s name and trademarks or service marks in advertising, financial, public relations materials and to identify Customer as a customer of Trash Titans LLC. Except as provided in this section, neither party shall use the other party’s marks, codes, drawings or specifications without the prior written permission of the other party.
COMPLIANCE WITH LAW
Customer acknowledges and warrants that Customer is exclusively responsible for obtaining and maintaining all permits, licenses, certifications, or other forms of approval required by applicable federal, state, and local law relating to possession, placement, storage, transportation, and use of the equipment furnished by Trash Titans LLC.
Customer is exclusively responsible for complying with applicable federal, state, and local law relating to the deposit or storage of prohibited materials in the Equipment. Customer shall only use the Equipment for its proper and intended purpose, and Customer acknowledges and warrants that the Services do not include the deposit, storage, or removal of materials prohibited by law, including but not limited to waste characterized as dangerous by the United States Environmental Protection Agency or any state agency per the Resource Conservation and Recovery Act of 1976.
Customer is exclusively responsible for complying with all weight and volume restrictions applicable to the Equipment (a) as set forth in the Order Confirmation, (b) as set by federal, state, and local law, and (c) as designated on the Equipment itself. Customer’s responsibility includes, but is not limited to, covering or tarping the Equipment to prevent the accumulation of rain, water, snow, ice, or debris in the Equipment. Customer acknowledges that Trash Titans LLC incurs charges and expenses in connection with the transport of loaded Equipment to landfills and transfer stations, and that such charges and expenses are based upon the weight of the Equipment. Customer shall be responsible for any charges, expenses, penalties, fines, or damages charged to Trash Titans LLC by a landfill, transfer station or other third party, whether private or public, due to non-compliance with weight restrictions.
Trash Titans LLC reserves the right (a) to remove (e.g. dump) prohibited materials from the Equipment, (b) to remove any materials from the Equipment when Trash Titans LLC determines, in its sole discretion, that the Equipment is overloaded, by either weight or volume, or otherwise loaded in a manner that is not in compliance with applicable law, or (c) to reject transportation of the Equipment until loaded properly by Customer. Customer is solely and exclusively liable for any and all fees, fines, property damage, cleaning costs, and other costs associated with such removal of materials or for service modifications caused by Customer’s improper loading of the Equipment.
DISCLAIMER OF WARRANTIES
TRASH TITANS LLC MAKES NO WARRANTIES TO CUSTOMER WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
INDEMNIFICATION
Customer shall indemnify, defend, and hold harmless Trash Titans LLC, its subsidiaries, affiliates, successors or assigns, and their respective members, shareholders, directors, officers, employees, agents, and representatives (each, an “Indemnitee”) from and against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, to the extent caused by Customer’s breach of this Agreement, or by any negligent act or omission or willful misconduct or violation of law by the Customer or its employees, agents, or contractors in the performance of this Agreement or the use, operation, storage, theft or possession of any Equipment furnished by Trash Titans LLC. Customer shall not enter into any settlement without Trash Titans LLC’s or Indemnitee’s prior written consent.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TRASH TITANS LLC BE LIABLE FOR PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS.
WAIVER
No waiver by Trash Titans LLC of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by an authorized representative of Trash Titans LLC. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
GOVERNING LAW; ARBITRATION
This Agreement is governed by Virginia law. All disputes shall be resolved by binding arbitration administered by the American Arbitration Association in the Washington, D.C. The prevailing party is entitled to attorney’s fees. Trash Titans LLC may seek injunctive relief to protect its Equipment.
FORCE MAJEURE
Trash Titans LLC shall not be liable or responsible to Customer, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond Trash Titans LLC’s reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, pandemic, epidemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages, or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events. Trash Titans LLC will use commercially reasonable efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Trash Titans LLC will resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
MISCELLANEOUS
Customer may not assign without Trash Titans LLC’s consent. Trash Titans LLC may freely assign. Invalid provisions do not affect enforceability of remaining terms. Amendments must be in writing and signed by authorized representatives, except that updated Terms may take effect upon Customer’s acceptance of future Services or Equipment delivery.
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