By finalizing an order with A-John, Inc., and/or R.C. Chatham Sr. & Associates, Inc. DBA A-1 Portable Toilets (“Vendor”), the Renter/Lessee (“Customer”) acknowledges and accepts the rental terms and conditions set forth herein.


1. Supply the portable restroom unit(s), along with other rented equipment (“units”) and provide the type of service plan agreed upon. The delivery date(s) is/are approximate, and the Vendor 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 Vendor reserves the right to provide alternate pieced of equipment of equal or greater value.
– 1a. Recurring rentals are typically delivered on the next available route day unless otherwise requested. Deliveries requested out of route may incur additional fees, should the request be granted.
– 1b. Weekend/Event rentals are typically delivered on either Thursday or Friday and picked up on either Monday or Tuesday at the convenience of the Vendor. Should Customer request a specific day and/or time frame for delivery and/or pick up additional fees may be incurred.
2. Provide such other additional units, servicing and recharging as requested by Customer at Vendor’s customary rates and schedule, should the same units be available at time of request
3. Maintain unit(s) in good working order under ordinary use. Vendor shall not be responsible of failure to render such maintenance due to causes beyond the reasonable control of Vendor, including but not limited to relocation of units by anyone other than Vendor, weather related events, shortage of staff, etc.
4. Service Customer within Vendor’s servicing area at Vendor’s customary rates and schedule.


1. Provide a valid credit card to Vendor prior to delivery of units. All monthly rental payments are due Net 10 from date of invoice, unless otherwise stated by Vendor. All event rental payments are due upon delivery. All charges are payable in full, with no privilege to pay installments. Deposits to hold trailer rental(s) are non-refundable.
2. Retain absolute and sole control, possession and custody of the unit(s) and return such unit(s) to Vendor at the end of the service period.
3. Make no alterations in or attachments to the unit(s) without Vendor’s permission.
4. Make no use of the unit(s) other than for sanitation purposes, depositing only human waste and toilet tissue.
5. Keep the unit(s) free and clear of all levies, liens and encumbrances, and pay all governmental charges and taxes applicable to this agreement, except state and federal income taxes.
6. Make the unit(s) available for servicing or maintenance at ground level during normal business hours without hazard to Vendor, its agents, employees, or equipment. If Vendor is unable to service the unit(s) due to Customer’s failure to make it/them accessible, Vendor is not responsible for any damages that accrue there from and Customer will be charged for a 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 Vendor shall not be responsible for any damage to lawn, ground, pavement, sprinkler heads, septic systems, etc. Customer is responsible for tow truck if vehicle and/or equipment need to be removed from property.
7. Notify Vendor in writing of any desired cancellation of sanitation service at least ten (10) working days prior to such cancellation. Customer further agrees to notify Vendor immediately upon the termination of any construction project or event which the unit(s) serves/services.
8. Notify Vendor immediately and discontinue use of the unit(s) if the unit(s) becomes unsafe or in disrepair for any reason. Vendor is not responsible for any incidental or consequential damages caused by delays or otherwise.
9. Pay Vendor at the rate of $75.00 per hour for truck waiting time in excess of a reasonable time (5 minutes).
10. Consumption of alcohol or mind-altering substances is not recommended for the proper and safe use of unit(s).
11. For proper safety, an attendant is recommended at each stairway of restroom trailers.
12. Customer is responsible for knowing and providing proper electrical equipment for qualifying units, and to have same available upon delivery.
13. For heated units rented during weather conditions where temperature is at or below 32 degrees Fahrenheit, the unit(s) must be supplied proper electrical requirements and must remain plugged in, with the heat on, at all times from delivery until removal.
14. Water used in unit(s) is not potable. Customer is responsible for notifying users that water is not suitable for drinking.

MINIMUM MONTHLY RENTAL: The Customer agrees to pay a minimum of three (3) months rental on the unit(s), unless otherwise agreed in writing.

DEFINITION OF TERMS: “Month”, “4-Week Billing Cycle” and “28-Day Billing Cycle” are interchangeable, all with a duration of 28-Days.

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.

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