CONTRACTOR’S (“A ROYAL FLUSH, INC.”) OBLIGATIONS:
- Supply the portable toilet unit(s) 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.
- Provide such other additional units, servicing and recharging as requested by Customer at Contractor’s customary rates and Schedule.
- Maintain portable toilet 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.
- Service Customer within Contractor’s servicing area at Contractor’s customary rates and schedule.
CUSTOMER’S OBLIGATIONS: The Customer shall:
- A valid credit card must be provided to Contractor prior to the receipt of any and all unit(s). All payments are
due Net 15 from date of invoice. 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. 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 portable toilet unit(s) and return such unit(s) to Contractor at the end of the service period.
- 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 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, Contractor is not responsible for any damages that accrue there from: Customer will be charged for a service call and it will be charged for any additional service calls made necessary by the failure.
- 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 $60.00 per hour for truck waiting time in excess of a reasonable time (5 minutes).
The loss of or damage of a Hand Sanitizer Stand will result in a $500 fee.
Damage of or theft of hand sanitizer units, hand sanitizer refills, hand sanitizer brackets and toilet paper is not the responsibility of the provider.
MINIMUM RENTAL: The Customer agrees to pay a minimum of three (3) months rental on the unit(s).
HOLD HARMLESS: Customer agrees to assume the risks of and hold Contractor harmless for property damage and personal injuries caused by the unit(s) and/or arising out of Contractor’s non-negligent acts.
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 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.
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: Customer agrees to pay for any damage or to loss the goods, as an insurer, regardless of cause, except reasonable wear and tear while the unit(s) is/are out of the possession of Contractor. The cost of repairs 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.
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 he has had an opportunity personally to inspect the sanitation unit(s) and finds it/them suitable for his needs and in good condition. and that he understands 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 of Connecticut and the Occupational Safety and Health Administration governing portable sanitation.
Coronavirus / COVID-19 Cancellation Policy
This policy replaces our normal cancellation policy until the COVID-19 crisis is over.
These are certainly unprecedented times in our world and right here in the Northeast. We have all seen the impact that the Coronavirus has had on our lives and the lives of so many people around the world. At this time, we are closely monitoring the CDC website and heeding our local and state official’s comments and rulings regarding workplace safety and gatherings.
We, like everyone else, are hoping for a speedy end to this pandemic. Positive thoughts and energy will certainly lend to this thinking, but for the immediate future, we must be realistic about what faces us.
Due to the COVID-19 Pandemic, we are updating our cancellation/postponement policy during this Pandemic as follows.
All reservations are still required to pay a 50% deposit. Deliveries should be paid in full 6 weeks prior to delivery.
- Reservations cancelled within 5 days of delivery or pickup will be charged at 100%. By that time our orders will be set. No changes will be allowed.
- Reservations may be postponed 5 days or more prior, and we will rebook your function for a future date through 12/31/2021. We will honor the quoted pricing and hold your credit.
- Reservations cancelled 5 to 14 days prior will receive an in-store credit for the entire deposit. Future pricing is subject to change.
- Reservations cancelled 15 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 fee.
We are committed to working with all our clients to postpone and reschedule events to a mutually agreeable date and time.
Everyone’s health and well-being are our highest priority and we truly appreciate the trust that you have placed in us to take care of all your restroom support needs.