Terms and Conditions
A. AGREEMENT TO TERMS & CONDITIONS
1. 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 are not limited to, recovery, handling, loading, hauling, and/or waste disposal services. River City Rubbish performs all services safely and professionally, consistent with state licensing requirements and regulatory statutes 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.
B. CREDIT CARD AUTHORIZATION & CONSENT
1. The customer shall pay River City Rubbish in accordance with River City Rubbish’s established pricing and timeline for the services provided. Payment for services will be charged to the credit card provided by the 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, prohibited items, etc. Additional charges may appear on a subsequent credit card statement from the original charge.
2. Credit card authorization must be given from the cardholder regardless of personal or business accounts. With the exception of those holding power of attorney documents.
3. Declined credit cards result in removal from the delivery schedule until payment can be corrected. Additional security deposits may be required for final removal and are based on the previous fee, project type, and location on rental.
4. Insufficient Funds rejections will require an additional deposit.
C. WASTE MATERIAL
1. The 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 the 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 and ALL waste shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Contractor from and against any and all damages, penalties, fines, and liabilities resulting from or arising out of such waste. Other prohibited items include, but are not limited to container drums (even if empty), 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, etc. Restrictions and fees may apply to appliances, furniture, refrigerators, freezers, box springs, mattresses, upholstery or cushion items, air conditioners, tires, televisions, monitors, computers, etc. Please inquire with specific questions.
2. The Customer is responsible for charges relating to forbidden items even if it is a result of unauthorized use.
D. EQUIPMENT CARE
1. The equipment delivered to the customer is the property of River City Rubbish and its contractors and therefore the customer will take reasonable care of it. Any damage, movement, loss, etc. will be charged to the customer. All claims arising out of improper use or allowed access by the customer will be their sole responsibility for damages, injuries, wrongful death, suits, penalties, and fines that arise. It is the customer’s responsibility to ensure that the equipment is secure until it is picked up. Leaving a site unattended does not excuse liability or any charges for contamination or overages.
E. SERVICE ATTEMPTS
1. If River City Rubbish is unable to make a delivery and/or removal due to safety and/or lack of accessibility for any reason, the customer will be charged the associated fees for service attempts.
2. Downtime billing begins 10 minutes after an RCR driver arrives when a driver must wait for access in order to complete service, instructions for placement, or awaiting customer/ site contact arrival. It is the customer’s responsibility to ensure proper instructions and accessibility for the services they request.
F. DRIVEWAYS AND PARKING AREAS
1. The customer warrants that any access/location provided for equipment is sufficient in size to accommodate the size of trucks/containers and to bear the weight of all equipment and vehicles required to perform the service. The contractor 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 exterior items.
G. REASONABLE CONTROL
1. 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.
H. CHANGES AND CANCELLATION POLICY
1. If you would like to change or cancel your order, you must call our office during normal business hours (Monday – Friday 7:30 am – 4:00 pm EST) excluding holidays. Cancellations must be made 24 hours in advance of the scheduled delivery date. Any cancellation made after this time is subject to a fee. Changes made to the order after a container has been dispatched may result in additional fees.
I. LIMITATION OF LIABILITY
1. Customer’s sole remedies for contractor’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 the contractor shall be limited to corrects or replacement is not possible, a refund or credit of the contract sum paid. In no event shall the contractor be liable to the 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.
J. THIRD-PARTY INDEMNIFICATION
1. Customer shall indemnify, defend and hold harmless Contractor, 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 Contractor, its employees or agents, but this provision shall not apply to claims for loss or damage solely and directly caused by Contractor while on or about Customer’s premises.
K. FORCE MAJEURE
1. The contractor 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 Contractor and/or which make the fulfillment of this Agreement commercially impractical, impossible, or for any consequential damage whatsoever.
2. On the removal of the cause of such failure or interruption, performance shall be resumed under this Agreement.
L. DEFAULT BY CUSTOMER
1. The contractor, at its sole option, may discontinue Work, terminate this Agreement, and/or recover from the Customer all sums to which Contractor may be entitled in law or equity if a) the 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 Contractor 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.
M. ONLINE REPRESENTATIONS
1. Customer shall not post on the internet comments or reviews concerning Contractor or the Work under this Agreement, which are false, misleading, or have no basis in fact. Customer shall make reasonable efforts to remove such post within two (2) days in the event Contractor issues a written demand on Customer to remove the same. In the event the Customer fails to remove such post, Customer shall be liable for any and all damages arising therefrom. This provision survives termination of the Agreement.
1. The contractor shall have the right to subcontract with other persons, firms, or corporations any of the Work without notice to the Customer.
O. BENEFIT OF AGREEMENT
1. Customer acknowledges that all provisions of this Agreement, expressly including those provisions relating to Contractor’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 Contractor.
1. In the event of any conflict between this Agreement and any other document with respect to the relationship between Customer and Contractor, 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.
1. 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.
1. Nothing contained herein is intended to or shall be construed so as to limit the remedies which Contractor may have against Customer in the event of 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.
S. APPLICABLE LAW
1. This document shall in all respects be governed by the laws of the Commonwealth of Virginia.
1. The customer recognizes that timely notice of any defects in the Work is critical to the Contractor’s ability to remedy or repair such work and mitigate damages. Unless Customer provides Contractor with written notice promptly upon, but not later than twenty-one (21) days after, the 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 Contractor based on such claims. The customer must also allow the Contractor 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 Contractor’s request, constitutes a waiver of a claim.
1. In the event Contractor substantially prevails in any action brought under this Agreement or otherwise related to the Work, Contractor will be entitled to its reasonable attorneys’ fees, costs, (including expert fees and court reporter fees), and expenses. The 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 Contractor 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.
V. ADDITIONAL ACKNOWLEDGMENTS
1. When billing occurs outside of regular office hours, weekends, holidays, etc. RCR reserves the right to bill in advance.
2. Extended use fees apply when service is delayed at no fault to RCR, including but not limited to overweight, blocked access, overfull, payment issues, etc.
3. Lack of payment for final removal may result in onsite unloading.
4. Client information, account details, and requests for services will not be discussed with anyone not listed as an authorized user. It is the responsibility of the customer or business representative to add all employees, with whom they wish to grant authorized use, to the account with RCR.
5. Extension billing is a non-reversible charge.
6. An additional weight charge applies when the load is over 10 tons.
7. Month billing charges occur 2 business days prior to the initial delivery date and will follow the holiday and weekend schedule.
8. Failure to receive payments in accordance with our billing policy can result in automatic final removal, additional deposits, additional extension fees, or delays in removal until payments have been received.
W. THIRD-PARTY RIGHTS
1. 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.
1. All paragraph headings are inserted for convenience only and shall not be used in any way to modify, limit or construe or otherwise affect this Agreement.
Y. ENTIRE INTEGRATED AGREEMENT; MODIFICATION; ALTERATIONS; WAIVER; NON-CONTRA PROFERENTUM
1. This writing is the final and full expression of the parties’ agreement.
2. No subsequently issued purchase orders by Customer modify this Agreement unless agreed to by Contractor 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.
3. Customer may assign its rights and obligations under this Agreement only with the express written consent of Contractor.
Z. CONSENT AND CONTRACT OF TERMS AND CONDITIONS
1. River City Rubbish has posted a copy of our Terms and Conditions on our website.
2. The use of our services signifies the customer’s agreement to our Terms and Conditions without the requirement of a signature.