Residential Trash Service Agreement – Tri-County Sanitation and Recycling Services

 

Please read and agree to our service agreement prior to signing up for our Residential Trash and Recycling Services

Terms and Conditions

1. Services Rendered:  The undersigned (Tri-County SRS) agrees to furnish the following services:   Provision of collection equipment and the collection of solid waste and disposal thereof.  Customer agrees to make the payments as provided for herein and abide by the terms and conditions of this Agreement.

2. Waste Material:  The waste material to be collected and disposed of by Tri-County SRS pursuant to this Agreement, is residential solid waste generated by the customer excluding radioactive, volatile, highly flammable, explosive, toxic, or hazardous material.  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 Resources Recovery Act of 1976, as amended or applicable state law.  Tri-County SRS shall acquire title to the waste material when it is loaded into Tri-County SRS’s trucks.  Title to and liability for any waste excluded above shall remain with the customer, and the customer expressly agrees to defend, indemnify and hold harmless Tri-County SRS from and against any and all damages, penalties, fines, and liabilities resulting from or arising out of such waste excluded above.

3. Liability for Equipment:  Customer acknowledges that it has the care, custody and control of equipment owned by Tri-County SRS and accepts responsibility for the equipment and its contents, except when it is being physically handled by employees of Tri-County SRS.  Therefore, the Customer expressly agrees to defend, indemnify and hold harmless Tri-County SRS from and against any and all claims for loss of or damage to property or injury to or death of a 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.

4. Damage to Pavement, Private Driveways:  Customer acknowledges that Tri-County SRS shall not be liable for any damages to pavement, curbing, or driving surfaces from its trucks operating in agreed upon service areas.

5. Landfill and Fuel Adjustments:  Tri-County SRS reserves the right to adjust rates hereunder based upon increases in fuel and landfill costs.

6. Other Rate Adjustments:  Tri-County SRS may adjust the rates hereunder to accomodate minimum wage increases as directed by the U. S. Department of Labor.  Tri-County SRS may also adjust the rates hereunder in an amount in excess of such percentage increase upon customer’s approval.

7. Changes:  Changes in the rates, the type, size and amount of equipment and the frequency of service may be agreed to orally or in writing by the parties without affecting the validity of this Agreement.  Consent to oral changes shall be evidenced by the practices and actions of the parties.

8. Failure to Perform:  In the event Tri-County SRS fails to provide agreed upon services to the customer, the customer will assume no responsibility for the remainder due under the term.  In the event Customer fails to pay Tri-County all amounts which become due under the term of this Agreement, or fails to perform its obligations hereunder, and Tri-County SRS refers such matter to an attorney, Customer agrees to pay, in addition to the amount due, any and all costs incurred by Tri-County SRS as a result of such action, including, to the extent permitted by law, reasonable attorney’s fees.

9. Excused Performance:  Neither party hereto shall be liable for its failure to perform due to contingencies beyond its reasonable control including, but not limited to, riots, fires, strikes, mechanical breakdowns, and “Acts of God”.

10. Binding Effect:  This Agreement is a legally binding contract on the part of Tri-County SRS and Customer and their respective heirs, successors and assigns in accordance with the terms and conditions set out herein.

11. Term:  This agreement is for a term of one year and shall be renewed for successive one year terms without further action by the parties, but may be terminated at the end of any one year period by either party, hereto by not less than sixty days written prior notice.

12. Payments:  Customer shall pay Tri-County SRS on monthly, quarterly, or yearly bases for the services and/or equipment provided by Tri-County SRS in accordance to the charges and rates provided herein.  Payments shall be made to Tri-County SRS upon receipt of an invoice.  A late fee of 10% may be imposed after 15 days of receipt of invoice, and the Customer agrees to pay said late fee for all past due notices.

13. Future Service:  Customer grants Tri-County SRS the rights to compete with any bona fide offer, which Customer receives or intends to accept relating to the provision of non-hazardous solid waste disposal services for a period of six months after the termination of this Agreement.  The Customer shall notify Tri-County SRS forthwith, in writing, if Customer receives or intends to accept any such offer, disclosing to Tri-County SRS of all terms and conditions thereof.  This customer shall not accept offer for a period of fourteen days of such notification to allow Tri-County SRS to submit its own offer.  The Customer shall consider Tri-County SRS‘s offer, but is not bound to accept said offer.  Nothing stated in this clause shall be interpreted as relieving the Customer of its obligation to comply strictly with the provisions of this agreement until such time as this Agreement has been terminated in accordance with its terms.