Terms and Conditions
1. RIVER CITY RUBBISH TERMS AND CONDITIONS At the request of the Customer, Waste Services, LLC T/A River City Rubbish (RCR) has contracted the performance of waste disposal services to include, but not limited to, recovery, handling, loading, hauling, and/or waste disposal services. River City Rubbish performs all services in a safe and professional manner, consistent with state licensing requirements and regulatory statues governing such operations. River City Rubbish Warrants the supply of products and services of the highest order, using vehicles and equipment that are operated by qualified fleet operators, adequately insured, and maintained in good working order. By purchasing dumpster waste removal services OR portable toilets from River City Rubbish, you agree to the full rules, regulations, conditions and terms of sale stated below.
2. TERM: The initial term of this agreement shall start on the date of this agreement and continue for 36 months thereafter. This agreement shall automatically renew for successive 36 month terms unless either party gives written notice of termination to the other at least 60 days before the end of the current term. Any notice of termination under this agreement shall be void unless sent via certified mail, return receipt requested and actually received by company.
3. CREDIT CARD AUTHORIZATION & CONSENT Customer shall pay River City Rubbish in accordance with River City Rubbish established pricing for the services provided. Payment for services will be charged to the credit card provided by Customer as services are rendered. The provided credit card will also be charged for any and all additional charges that may be incurred upon the removal of the dumpster including but not limited to: overweight fees, daily rental fees, service attempts, etc. Additional charges may appear on a subsequent credit card statement from the original charge
4. WASTE MATERIAL Customer represents and warrants that the materials placed in the equipment shall be “waste material” as defined herein and shall contain no other substances. The term “waste material” shall mean solid waste generated by Customer excluding radioactive, volatile, highly flammable, explosive, biomedical, infectious, 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 Resource Conservation and Recovery Act of 1976, as amended or applicable by law. Title to and liability for any waste excluded above shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless RCR from and against any and all damages, penalties, fines and liabilities resulting from or arising out of such waste excluded above. Other prohibited items include, but not limited to, liquids, solvents, chemicals, freon, batteries, paint cans (unless dry), biohazards, medical waste, propane tanks, asbestos, lead painted materials, dirt, equipment containing gas or oil and household garbage. Restrictions and fees may apply to appliances, furniture, refrigerators, freezers, box springs, mattresses, air conditioners, tires, televisions, monitors and computers. Please inquire with specific questions.
5. PAYMENT: Customer shall pay Company for the Services and Equipment furnished by the Company at the rates provided either verbally or in writing. Customer shall be billed on a per haul basis. Customer shall pay all taxes, fees, and other governmental charges assessed against or passed through to Company (other than income or real property taxes). Customer shall pay such fees in its discretion up to the maximum allowed by Applicable Law. Without limiting the foregoing, Customer shall pay Company: (a) a fee of $50.00 (which Company may increase from time to time by notice to Customer) for each check submitted by customer that is an insufficient funds check or it returned or dishonored; and (b) fuel/environmental recovery fee in the amount shown on each of the companies invoices, which the amount Company may increase or decrease from time to time by showing the amount on the invoice. Customer shall pay Company within 20 days after the date of the companies invoice. At any time after Company becomes concerned about Customer’s creditworthiness or after Customer has made any late payment, Company may request and if requested Customer shall pay, a deposit in an amount equal to one month’s charges under this agreement.
6. RATE ADJUSTMENT: Company may, from time to time by notice to Customer, increase the rates provided in this Agreement to adjust for any increase in: (a) disposal cost; (b) transportation costs due to a change in location of Customer or the disposal facility used by Company; (c) the Consumer Price Index for all Urban Consumers; (d) the average weight per cubic yard or number of containers of Customer’s Waste Material above the number of pounds per cubic yard or number of containers upon which the rates provided in this Agreement are based as indicated on the cover page of this Agreement; (e) Company’s costs due to changes in Applicable Laws. Company may increase rates for reasons other than those set forth with Customer’s consent, which may be evidenced verbally, in writing or by the parties actions and practices.
7. SERVICE CHANGES: The parties may change the type, size or amount of equipment, the type or frequency of service, and correspondingly the rates by agreement of the parties, which may be evidenced verbally, in writing or by the parties’ actions and practices. This agreement shall apply to any changes of location of Customer within the area in which Company provides collection and disposal services.
8. EQUIPMENT CARE Any equipment company furnishes shall remain Companies property. Customers shall be liable for all losss or damage to such equipment (except for normal wear and tear and for loss or damage resulting from Companies handling of equipment). Customer shall use the equipment only for its proper intended purpose and shall not overload (by weight or volume), move or alter the equipment. Customer shall indemnify, defend and hold harmless Company from and against all Lossses arising from any injury or death to persons or loss or damage to property (including the equipment) arising out of RCR’s use, operation or possession of the equipment. Customer shall provide safe, unobstructed access to the equipment on the scheduled collection day. Company may charge an additional fee for any additional collection service required by Customer’s failure to provide access. Leaving a site unattended does not excuse liability or charges for contamination or overages.
9. SERVICE ATTEMPTS If River City Rubbish is unable to make a delivery and/or removal due to safety and/or lack of accessibility; customer will be charged a $150 service attempt fee. Relocation of dumpster after it has been set is a $150.00 fee.
10. DRIVEWAYS AND PARKING AREAS Customer warrants that any access / location provided for equipment is sufficient to bear the weight of all equipment and vehicles required to perform the service. RCR shall not be responsible for damage to any pavement or accompanying sub-surface or any route reasonably necessary to perform the services herein contracted. In addition, River City Rubbish shall not be responsible for damages to pavement, utilities, property, lawns, fences, landscaping or other like exterior items.
11. REASONABLE CONTROL River City Rubbish warrants that they will make every effort to deliver and pick-up as directed. River City Rubbish is not liable for forces of nature, strikes, laws, inhibited access, etc. that are beyond their control.
12. CHANGES AND CANCELLATION POLICY If you would like to change or cancel your order, you must call our office during normal business hours (Monday – Friday 7:30am – 5 pm EST) excluding holidays. Cancellations must be made 24 hours in advance of scheduled delivery date. Any cancellation made after this time is subject to a $75 fee. Changes made to the order after a container has been dispatched may result in additional fees.
13. LIMITATION OF LIABILITY: CUSTOMER’S SOLE REMEDIES FOR RCR’S LIABILITY OF ANY KIND (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) RELATED TO THE WORK PROVIDED, OR GOODS SOLD, AND ANY OTHER PERFORMANCE BY RCR SHALL BE LIMITED TO CORRECTION OF THE WORK, REPLACEMENT OF DEFECTIVE SERVICES OR, IF CORRECTION OR REPLACEMENT IS NOT POSSIBLE, A REFUND OR CREDIT OF THE CONTRACT SUM PAID. IN NO EVENT SHALL RCR BE LIABLE TO CUSTOMER FOR ANY LOSS OF PROFITS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, OR RELATING TO, THE WORK PROVIDED, OR GOODS SOLD, OR THE USE OR PERFORMANCE THEREOF.
14. THIRD PARTY INDEMNIFICATION: Customer shall indemnify, defend and hold harmless RCR, its employees, officers, and agents, for and against all claims brought by parties other than the parties to this Agreement. This provision shall apply to all claims, including defects in products, design, initial connection, inspections, tests, repair service, or non-operation of the Equipment, whether based upon active or passive negligence, indemnification, contribution warranty, or strict or product liability on the part of RCR, its employees or agents, but this provision shall not apply to claims for loss or damage solely and directly caused by RCR while on or about Customer’s premises.
15. FORCE MAJEURE: RCR shall not be liable for any delay or failure to provide the Services that is caused in whole or in part by Federal, State or Municipal actions or regulations, strikes or other labor troubles, fires, embargoes, earthquakes, storms, accidents, power failures, negligence, acts of God, acts of Customer or any third parties labor disputes freeze-ups of any kind, or any other causes contingent to or circumstances beyond the control of RCR and/or which make the fulfillment of this Agreement commercially impractical, impossible, or for any consequential damage whatsoever. On the removal of the cause of such failure or interruption, performance shall be resumed under this Agreement.
16. DEFAULT BY CUSTOMER: RCR, at its sole option, may discontinue Work, terminate this Agreement, and/or recover from Customer all sums to which RCR may be entitled in law or equity if a) Customer fails to pay any amount due hereunder within ten (10) days after the same is due and payable, b) if Customer fails to perform any other provisions hereof within ten (10) days after RCR requests in writing such performance, c) if any proceeding in bankruptcy, receivership or insolvency shall be commenced by or against Customer or his property, d) or if Customer makes any assignment for the benefit of creditors.
17. ONLINE REPRESENTATIONS: Customer shall not post on the internet comments or reviews concerning RCR or the Work under this Agreement, which are false, misleading, or have no bases in fact. Customer shall take reasonable efforts to remove such post within two (2) days in the event RCR issues a written demand on Customer to remove the same. In the event Customer fails to remove such post, Customer shall be liable for any and all damages arising therefrom. This provision survives termination of the Agreement.
18. SUBRCRS: RCR shall have the right to subcontract with other persons, firms or corporations any of the Work without notice to Customer.
19. BENEFIT OF AGREEMENT: Customer acknowledges that all provisions of this Agreement, expressly including those provisions relating to RCR’s limited liability, disclaimer of warranties, and third party indemnification, inure to the benefit of any assignees and/or subcontractors with the same force and effect as they bind Customer to RCR.
20. CONFLICT: In the event of any conflict between this Agreement and any other document with respect to the relationship between Customer and RCR, this Agreement shall govern and control regardless of whether such other document or agreement is executed before or after this Agreement. This Agreement shall only be modified by express written change modification.
21. SEVERABILITY: In the event any of the terms and provisions of this Agreement shall be declared to be invalid or inoperative, all of the remaining terms and provisions shall remain in full force and effect. The principle of construction against the drafter shall not apply to this Agreement.
22. REMEDIES: Nothing contained herein is intended to or shall be construed so as to limit the remedies which RCR may have against Customer in the event if a breach by Customer of any representation, warranty, covenant or agreement made under or pursuant to this Agreement, it being intended that such remedies shall be cumulative and not exclusive.
23. APPLICABLE LAW: This document, shall in all respects, be governed by the laws of the Commonwealth of Virginia.
24. CLAIMS: Customer recognizes that timely notice of any defects in the Work is critical to RCR’s ability to remedy or repair such work and mitigate damages. Unless Customer provides RCR with written notice promptly upon, but not later than twenty-one (21) days after, discovery of any defect in the Work or breach of this Agreement, Customer shall be forever barred from pursuing any action at law or in equity against RCR based on such claims. Customer must also allow RCR the opportunity to inspect and cure such allegedly defective Work. Failure to give a required notice within the time provided, or failure to provide an opportunity to cure said defect following RCR’s request, constitutes a waiver of a claim.
25. DISPUTES: In the event any action brought under this Agreement or otherwise related to the Work, Company (RCR) will be entitled to its reasonable attorneys’ fees, costs, (including expert fees and court reporter fees), and expenses, regardless of prevailing party. Venue for any action brought related to this Agreement shall be the General District or Circuit Court for the City of Richmond, Virginia. In no event shall Customer file any action against Company under this Agreement, or otherwise related to the Work, unless such action is filed within one (1) year of the accrual of the cause of action. BOTH PARTIES WAIVE ANY RIGHTS TO A JURY TRIAL.
26. THIRD PARTY RIGHTS: Nothing in this Agreement, expressed or implied, shall confer on any person other than the parties and their respective successors and assigns, any rights or remedies, nor is anything in this Agreement intended to relieve or discharge the obligations or liability of any third persons to any party to this Agreement, nor shall any provision give any person any right or subrogation or action over or against any party to this Agreement.
27. CAPTIONS: All paragraph headings are inserted for convenience only and shall not be used in any way to modify, limit or construe or otherwise effect this Agreement.
28. ENTIRE INTEGRATED AGREEMENT; MODIFICATION; ALTERATIONS; WAIVER; NON-CONTRA PROFERENTUM: This writing is the final and full expression of the parties’ agreement. No subsequently-issued purchase orders by Customer modify this Agreement unless agreed to by RCR in writing. This Agreement supersedes all prior representations, understandings or agreements of the parties and the parties rely only upon the contents of this Agreement in executing it. No waiver of a breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach. Customer may assign its rights and obligations under this Agreement only with the express written consent of RCR.