Service Cardinal Disposal will provide the Customer with collection, transportation, disposal, and recycling services for non-hazardous Waste Materials, and will have the exclusive right to do so. Adjustments in service may be mutually agreed upon by Customer and Cardinal Disposal during any term, provided that Cardinal Disposal’s exclusivity in maintained.
Waste Materials The Waste Material to be collected and disposed of by the Cardinal Disposal pursuant to this Service Contract is all solid waste (including recyclable materials) generated by the customer (the “Waste Material”). Waste Material specifically excludes and the customer agrees not to deposit in Cardinal Disposal’s equipment any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, or hazardous (excluded “Waste”) materials as defined by the Waste Material when it is loaded into Cardinal Disposal’s trucks. Title to and liability for Excluded Wastes shall remain with the Customer and Customer expressly agrees to indemnify and hold harmless, Cardinal Disposal from and against all damages, penalties, liabilities and fines resulting from, or arising out of the deposit of Excluded Waste in Cardinal Disposal’s trucks, containers or other equipment.
Equipment The Equipment furnished by the Cardinal Disposal shall remain the property of the Cardinal Disposal. Customer will be responsible for loss or damage caused by theft or any negligent use of the equipment. Customer will not overload by weight or volume, or alter the equipment and will take reasonable precautions to prevent others from doing so. The equipment will be used only for its intended purpose. Unobstructed access to the equipment shall be provided on the service day(s). If equipment is not accessible, or is continuously overloaded by weight or volume Customer accepts all liability of personal injury associated with loading of Cardinal Disposal equipment, excluding the Cardinal Disposal’s employees.
Term The initial term of this agreement shall be for three (3) years from the effective service date and shall be automatically renewed for like terms unless either party terminates the agreement by giving the other party notice of intent to terminate at least sixty (60)days prior to but not more than 180 days prior to the expiration of the current term. Such notice shall be by certified mail or facsimile. If this agreement is terminated prior to the end of any term, the Cardinal Disposal will pay liquidated damages in the amount of six times the most recent monthly charge, or the remaining number of months in the term, which ever in less, plus any outstanding balances, and any reasonable attorneys’ fees incurred by Cardinal Disposal in collection of damages.
Fees and Payment Customer agrees to pay the Cardinal Disposal for the fees set fourth here in accordance with the payment terms on Cardinal Disposal invoice. Fees may be increased from time to time to reflect changes in disposal and processing fees, fuel prices, regulations and taxes, and other operating expenses plus a reasonable margin. Subject to customer approval may be agreed to verbally, in fee no greater than that allowed by law on outstanding balances. In the event of default, in addition to the finance charges, the customer agrees to pay all attorneys fees or collections fees, court costs and other expenses reasonably incurred. If disposal is listed as a separate component from the fees, a reasonable and appropriate handling charge may be added.
Pavement Damage Cardinal Disposal will not be responsible for damages to Customer’s pavement or driving surface resulting from the weight of our equipment or vehicles in providing service to the Customer. If damage other than pavement occurs through the gross negligence of the Cardinal Disposal, the Cardinal Disposal will assume responsibility. Miscellaneous The Agreement will be governed by the laws of the state in which services are performed, and are binding on the successors and heirs of both parties. This Agreement supersedes any prior Service Agreement between Cardinal Disposal and Customer for locations or services covered by this Agreement. If Customer should move during term, and the new location is within the Cardinal Disposal’s (including subsidiaries) service area, the Agreement shall remain in effect. A fax signature of any party shall be considered to have the same binding legal effect as an original signature.