The Renter/Lessee hereinafter referred to as “Customer” acknowledges that it has the care, custody and management of the equipment owned by A Royal Flush, Inc., and/or ARF Rental Services, Inc., (“Contractor”) and accepts responsibility for the equipment and its contents except when it is being physically handled by employees of the Contractor.
CONTRACTOR’S OBLIGATIONS:
- Supply the portable toilet or trailer unit(s) (“units”), including any necessary equipment, and provide the type of service plan agreed upon. The delivery date(s) is/are approximate, and the Contractor shall have no liability for any failure or delay in making delivery or for the failure to give notice of any such failure or delay. The Company reserves the right to provide alternate pieces of equipment of equal or greater value.
- Provide such other additional units, servicing and recharging as requested by Customer at Contractor’s customary rates and Schedule.
- Maintain unit(s) in good working order under ordinary use. Contractor shall not be responsible of failure to render such maintenance due to causes beyond the reasonable control of Contractor, including but not limited to relocation of the units by anyone other than Contractor, weather related events, etc.
- Service Customer within Contractor’s servicing area at Contractor’s customary rates and schedule. Prices to be held for 90 days from signature on quote.
CUSTOMER’S OBLIGATIONS: The Customer shall:
- Provide a valid credit card Contractor prior to the receipt of all unit(s). All payments are due as set forth above. All charges are payable in full, with no privilege to pay installments. If an invoice remains outstanding for more than 45 days, Customer’s credit card will be charged. Any charges to a credit card will be charged a 2% credit card service fee. Customer acknowledges that Customer must select whether to receive paper or electronic invoices. If Customer elects paper invoices, Customer will be charged $5.00 per paper invoice.
- Retain absolute and sole control. possession and custody of the unit(s) and return such unit(s) to Contractor at the end of the service period in proper and good order.
- Make no alterations in or attachments to the unit(s) without Contractor’s permission.
- Make no use of the unit(s) other than for sanitation purposes, depositing only human waste and toilet tissue.
- Keep the unit(s) free and clear of all levies, liens, and encumbrances, and to pay all governmental charges and taxes applicable to this agreement, except state and federal income taxes.
- Make the unit(s) available for servicing or maintenance at ground level within 25 feet of the roadway during normal business hours without hazard to Contractor, its agents, employees, or equipment. If Contractor is unable to service the unit(s) due to Customer’s failure to make it/them accessible, or relocation of the units to an area where they cannot be safely serviced, Contractor is not responsible for any damages that accrue there from and Customer will be charged for that service call and will be charged for any additional service calls made necessary by the failure. If the unit(s) are moved to or placed in a location that requires a service or delivery to go off a paved surface Contractor shall not be responsible for any damage to lawn, ground, pavement, sprinkler heads, septic systems, etc.
- Notify Contractor in writing of any desired cancellation of sanitation service at least ten (10) working days prior to such cancellation. Customer further agrees to notify Contractor immediately upon the termination of any construction project or event which the unit(s) serves/services.
- Notify Contractor immediately and discontinue use of the unit(s) if the unit(s) become unsafe or in disrepair for any reason. Contractor is not responsible for any incidental or consequential damages caused by delays or otherwise.
- Pay Contractor at the rate of $165.00 per hour for truck waiting time in excess of a reasonable time (5 minutes).
MINIMUM RENTAL: The Customer agrees to pay a minimum of three (3) months rental on the unit(s), unless otherwise agreed in writing.
HOLD HARMLESS: Customer agrees to assume the risks of and hold Contractor and its owner, officers, directors, members, agents, consultants or employees harmless and indemnify any of them from and against all claims, damages, losses and expenses, including but not limited to attorneys’ fees, for property damage, personal injuries, economic loss or otherwise, caused by or the use or possession of the unit(s) and/or arising out of Contractor’s non-negligent acts in connection with the units. Under no circumstance will the Contractor indemnify/hold harmless Customer or otherwise be responsible for any claims arising out of the use or possession of the units other than those arising from Contractor’s own negligence. This provision shall survive the termination of the parties’ contract.
CUSTOMER IS RESPONSIBLE FOR THE USE OF THE UNITS WHEN OUT OF CONTRACTOR’S POSSESSION AND CONTROL AND/OR IN USE BY CUSTOMER. CUSTOMER SHALL NOT RELOCATE THE UNITS AND IS FULLY RESPONSILBE FOR ALL DAMAGES AND CLAIMS THAT ARISE FROM SUCH ACTION. FULL REPLACEMENT VALUE OF UNIT TO INCLUDE SHIPPING AND ASSEMBLY.
WARRANTIES: THERE ARE NO WARRANITES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESS OF IMPLIED. There is no warranty that the unit(s) is/are suited to the Customer’s use or that if/they are free from defects.
DEFAULT: If Customer fails to pay any payment or other charge due, or fails to perform any of its other obligation, Contractor, without notice, shall have the right place the Customer on Stop Service to terminate this agreement immediately, to take possession of any or all of its property, to enter Customer’s premises to take such possession, or pursue any other remedy at law or equity. All such remedies shall be cumulative and may be exercised concurrently. If the Customer is placed on Stop Service, there will be an additional fee to restore service.
LATE PAYMENT: Should Customer fail to pay any amount by its due date, a late charge of 1.5% per month shall be charged on all such overdue accounts.
COLLECTION COSTS: Customer agrees to pay all reasonable collection, attorneys ‘and court fees, and any other expenses involved in the collection of the charges or enforcement of Contractor’s rights under this contract.
DAMAGE AND LOST UNITS: Unless the Customer has purchased a damage waiver (only available for standard portable units), Customer agrees to pay for any damage or to loss the unit(s), including graffiti, weather related damages, tip overs and any other damages regardless of cause, except reasonable wear and tear while the unit(s) is/are out of the possession of Contractor. Customer shall be responsible for any damages or additional service fees resulting from a loss of power or water to any trailer. The cost of repairs or additional services will be borne by Customer, whether performed by Contractor or, at Contractor’s option, by others. Unit(s) damaged beyond repair will be paid for at their replacement cost. Customer agrees to accept Contractor’s decision as to whether damage is repairable. The Company shall not be liable for loss or damage due to delay in delivery or service resulting from any cause beyond the Company’s control, including but not limited to compliance with any regulations, orders or instructions of any federal, state or municipal government, nor any department or any agency thereof, acts of God, acts or omissions of the Customer, acts of civil or military authority, fires, strikes, factory shutdowns, or alterations, embargoes, war, riots, delays in transportation, pandemics or inability due to causes beyond the Company’s reasonable control to obtain necessary labor, manufacturing facilities, or materials. Failure to pay any damage fees will result in a charge to Customer’s credit card on file.
FUEL SURCHARGE: Due to fluctuations in fuel costs you may be subject to a fuel surcharge. The fuel surcharge shall be based upon the fuel costs to the Contractor.
NON-WAIVER: No provision of this contract can be waived except by the written consent of Contractor. Failure by Contractor to enforce any provision shall not constitute a waiver of the provision. Acceptance of the returned unit(s) shall not waive any claims by Contract against Customer.
ASSIGNMENT: A purported assignment of this contract by the Customer shall be void.
SEVERABILITY: The provision of this agreement shall be severable so that the invalidity, unenforceability, or waiver of any of the provisions shall not affect the remaining provisions.
INSPECTION: Customer acknowledges that they have had an opportunity personally to inspect the sanitation unit(s) and find it/them suitable for their needs and in good condition. and that they understand its/their proper use. Customer further acknowledges his duty to inspect the unit(s) prior to use and to notify Contractor of any defects.
GOVERNING LAW: The agreement shall be governed in all respects by the laws of the State of Connecticut.
HEALTH LAWS & RULES: Customer agrees to abide by the health laws and regulation of the State in which the services are provided and the Occupational Safety and Health Administration governing portable sanitation.
CANCELLATION POLICY, unless otherwise agreed in writing: All reservations are required to pay a 50% deposit. The balance shall be paid in full 6 weeks prior to delivery. All payments and deposits shall be secured by a credit card and made by wire, ach, or check. There is no refund or credit once deployment or delivery of the services has begun. Reservations cancelled within 14 days of delivery or pickup will be charged at 100%. Reservations cancelled 14 to 28 days prior will receive an in-store credit for the entire deposit. Reservations cancelled 28 to 60 days prior to delivery will receive an in-store credit for 1/2 of the deposit and a refund of the other 1/2 of the deposit. Future pricing is subject to change. Reservations cancelled 60 days or more prior to delivery will be charged a 10% cancellation fees.
THE TERMS AND CONDITIONS set forth above shall supersede any/and all prior or subsequent agreements, purchase order, invoices, etc., with the Customer, unless specifically stricken from this agreement.
As Customer is or intends to rent/lease multiple units or enter into multiple unit contracts over the course of the year and may do so by placing sperate orders without entering into individual rental/lease arrangements, the Customer hereby agrees to be bound by these Terms and Conditions with regard to any orders, rental, or lease arrangements through December 31, 2023.
