HOLD HARMLESS: Customer agrees to assume the risks of and hold Vendor 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 Vendor’s non-negligent acts. Under no circumstance will the Vendor 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 Vendor’s own negligence. This provision shall survive the termination of the parties’ contract.
WARRANTIES: THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. There is no warranty that the unit(s) is/are suited to the Customer’s use or that it/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, Vendor, 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% 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 Vendor’s rights under this contract.
DAMAGED OR LOST UNITS: Customer agrees to pay for any damage to or loss of unit(s), as an insurer, including but not limited to graffiti, weather related damages, tip overs, etc., regardless of cause, except reasonable wear and tear while the unit(s) is/are out of the possession of Vendor. Customer shall be responsible for any damages or additional service fees resulting from a loss of power or water to any applicable unit(s). The cost of repairs will be borne by Customer, whether performed by Vendor or, at Vendor’s option, by others. Unit(s) damaged beyond repair will be paid for at their replacement cost. Customer agrees to accept Vendor’s decision as to whether damage is repairable. It is recommended that Customer notify their insurance company of rental(s). Value of rental unit(s) provided upon request.
NON-WAIVER: No provision of this contract can be waived except by the written consent of Vendor. Failure by Vendor to enforce any provision shall not constitute a waiver of the provision. Acceptance of the returned unit(s) shall not waive any claims by Vendor 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 finds it/them suitable for their needs and in good condition, and that they understand its/their proper use. Customer further acknowledges their duty to inspect the unit(s) prior to use and to notify Vendor of any defects.
GOVERNING LAW: The agreement shall be governed in all respects by the laws of the State of New York.
HEALTH LAWS & RULES: Customer agrees to abide by the health laws and regulation of the State of New York and the Occupational Safety and Health Administration governing portable sanitation.
AGREEMENT: Customer agrees and accepts all terms when an order is placed by any means, including but not limited to email and phone conversation. Any terms stated by Vendor in a quote/estimate supersede the terms herein.