Erikks Hauling Inc, a New York, USA Corporation, including its affiliates and subsidiaries, agrees to provide certain dumpster equipment ("Equipment) to customer ("Customer") and/or trucking services ("Services"), on the terms and conditions set forth herein.
1) Acceptance; Contract formation. This transaction, including Erikks Hauling's rental of Equipment to Customer, is expressly limited to and made conditional upon Customers approval to and acceptance of all terms and conditions set forth herein in any related rental document, including, but not limited to any quotation, proposal, acknowledgement and/or invoice. The terms and conditions stated herein apply to and govern all rental documents, including any agreement, order and/or rental that may result herefrom, and these terms and conditions, along with any Rental Documents, constitute the entire agreement between Erikk's Hauling Inc. and Customer.
2) Ordering Process Erikks Hauling intakes and process all Equipment rental orders via telephone (phone call or text message) or email. All orders must receive confirmation from Erikks Hauling that the order was received. Customer agrees when placing an order for a rental of equipment a binding and forcible rental agreement shall then exist between Erikks Hauling and Customer with respect to such Equipment based upon these terms and conditions. Customer is solely responsible for contacting Company (via telephone or text message only) in order to initiate the start of the services, as well as the final pick-up of the equipment. Customer understands Erikks Hauling does not keep track of the number of hours/days equipment is rented out and the customer must give at least 24 hour notice to Erikks Hauling for all drop off and pick up request. Customer understands a credit card must be given to hold on file and that will be used as the method of payment when the job is complete unless Erikks Hauling agrees to another method (I.E. Check). Customer understands the rental agreement with additional overage fees is for 10 days with the equipment rental unless otherwise specified by Erikks Hauling. The hours of scheduling a drop off and pick up are Monday-Friday 9:00am EST to 5:00pm EST and Saturday's 10:00am - 2:00pm EST. NO REQUESTS WILL BE TAKEN ON SUNDAY'S OR ANY MAJOR HOLIDAYS. TWENTY FOUR HOUR NOTICE IS MANDATORY FOR ALL SERVICES.
3) Delivery and Pickup of equipment Erikks Hauling will use commercially reasonable efforts to ensure prompt delivery and pickup of Equipment; provided that, due to circumstances beyond our control, but not limited to, inclement weather, hazardous roads/driving conditions, traffic delays, motor vehicles accidents, delays at transfer stations, and/or equipment failure, we cannot and do not guarantee delivery times or dates. Erikks Hauling will not be liable to Customer under any circumstances for costs, expenses, losses and/or damages incurred by Customer in any manner relating to such delays. In the event Erikks Hauling attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond Erikks Hauling control, including, but not limited to, overloaded Equipment, low lying power lines or tree branches, blocked access to the delivery or pick-up location, damaged Equipment, locked gates, fences, or parking lots, inaccessible driveways, and/or the storage or prohibited items or substances in Equipment (I.E. hazardous waste), Erikks Hauling will charge Customer is Erikks Hauling is entitled to an inconvenience fee/ dry run fee of $275.00 plus tax. If Erikks Hauling incurs additional charges, fees, fines, penalties cost and/or expenses related to the dry run, then Erikks Hauling may increase the inconvenience fee in order to recoup such expenses listed above. Customer acknowledges and understands Erikks Hauling is authorized and entitled to charge a Customer's credit card of the amount of any such inconvenience fee if they arise.
4) Prices and Payment Terms Prices for Equipment rentals are given to the Customer before the Equipment is sent out either verbally, or via text message or email. The applicable prices for each Equipment rental transaction will be confirmed by Erikks Hauling at the time of Customers placement of an order for such Equipment. Customer hereby expressly authorizes Erikks Hauling to retain your credit card information and charge your credit card for all fees owed to Erikks Hauling. All payment must be provided in full payment within 10 days unless other specified by Erikks Hauling. If, at any time during a rental term, Erikks Hauling authorization to charge your credit card is revoked and/or cancelled by Customer or any third-party, Erikks Hauling, within its sole discretion, may immediately terminate the Equipment rental and recover the Equipment without notice or liability to Customer, without prejudice to or waiver or any Erikks Hauling remedies against Customer. Failure to provide payment within 10 days will result in Customer being held accountable for all legal fees incurred along with late payment penalties.
5) Cancellation and Cancellation Fees Any rental order, once placed with and accepted by Erikks Hauling, may not be cancelled by Customer except upon the consent of Erikks Hauling, which may be withheld within the sole discretion of Erikks Hauling. In the event Erikks Hauling agrees to accept a cancellation after acceptable of a Customer's order, then Erikks Hauling shall be entitled to a cancellation fee (which may be charged to Customers credit card) in the amount of $50.00 if the cancellation occurs prior to 3:00pm EST the business day before your scheduled delivery and a cancellation fee in the amount of $175.00 if the cancellation occurs thereafter.
6) Tonnage Restrictions and Overload Fees Customer is solely responsible for complying with the weight restrictions applicable to the rental equipment. Customer understands the equipment cannot be overloaded (I.E. overflowing at the top), any boxes used for concrete or any other material similar understands the Equipment provided cannot be overloaded. Any equipment designated weight specification must be followed. Customer acknowledges that Customer is solely and exclusively responsible for determining the weight restrictions applicable to Customer's equipment and for complying with such restrictions, including but not limited to covering and/or tarping the Equipment in order to prevent rain, water, snow, ice from accumulation in the Equipment. Customer hereby acknowledges Erikks Hauling incurs charges and expenses in connection with the transport of loaded Equipment to landfills, and that such charges and expenses are based upon the weight of the Equipment. In the event that Erikks Hauling incurs any overload expenses relating or in connection with Customer's failure to comply with applicable weight restriction, in addition to all other remedies to Erikks Hauling is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to Erikks Hauling (including Customer's reimbursement of all such Overload Expenses to Erikks Hauling).
7) Permits Customer acknowledges certain locations and/or uses of the Equipment may require a permit, license, certification, or other local, municipal, city, county, and/or state approval relating to the possession, placement, storage, and/or transportation of Equipment *collectively referred to hereinafter as "permit") Customer represents and warrants to Erikks Hauling that Customer (and not Erikks Hauling) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer's possession and use of Equipment. In the event that Customer fails to obtain and/or maintain all necessary and required Permits, Company may pick-up Equipment without prior notice to Customer and without any liability to Customer.
8) Prohibited Substances/Materials Customer acknowledges that local, municipal, city, county, state and/or federal laws, regulations, rules, and ordinances prohibit the storage of certain items, materials and substances in the Equipment ("Prohibited Substances"). Prohibited Substances include, without limitation, tires, batteries, railroad ties, chemically treated lumber, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, food waste, fuels, refrigerants, and other toxic and/or hazardous materials and substances. Customer acknowledges and agrees that Customer is solely and exclusively responsible for complying with all applicable laws relating to Prohibiting Substances, and Customer shall be liable for any charges, expenses, damages, losses, fines and/or penalties (including, but not limited to traffic fines and penalties) relating to Customer's storage and/or transportation of Prohibited Substances in the equipment.
9) Waiver, Limitation of Liability and Disclaimer of Warranties In the event of cross negligence or intentional misconduct of Erikks Hauling, Customer hereby waives any and all claims and losses against Erikks Hauling relating to or arising from customer's rental of the Equipment and/or Erikks Hauling performance. This includes but is not limited to any damage to customer's property, pavement, curbing, driveways, walkways, landscaping, lawn, wells, irrigation systems, septic systems, hanging wires, and/or underground utilities related to or arising from the storage or transport of the equipment in or on customer's property, including, without limitation, any damage to customer's property from leaks or stains relating to customer's use of the rental equipment. The rental equipment shall be provided on an "as-is" basis, and Erikks Hauling makes no warranties to Customer, either express or implied, including but not limited to, warranties as to merchantability, fitness for any particular use or purpose or that the equipment will meet your requirements.
10) Governing Law, Severability Any and all disputes arising from or in connection with the Equipment rental transaction between Erikks Hauling and Customer, including, but not limited to, these terms and conditions, the Rental Documents (invoices) and/or Customer's possession and use of the Equipment, shall be construed in accordance with and governed by the laws of the State of New York, United States. Any provision hereof which may be prohibited by applicable law shall be ineffective to the extent of such prohibition and without invalidating the remaining provisions hereof.
11) Reservation of Rights Erikks Hauling Inc. reserves all rights and remedies which are available to it at law or in equity.
12) Entire Agreement and Modification Upon Erikks Hauling's acceptance of the Customer's order for the rental of the Equipment, the terms and conditions set forth herein and as set forth in the Rental Documents (including, but not limited to all requirements as set forth in Erikks Hauling's Website), shall constitute the entire agreement between Customer and Erikks Hauling, and no statement, correspondence, or other terms shall modify or affect the terms hereof or thereof. No change in these terms and conditions will be valid unless approved and signed off by Erikks Hauling president in writing.