Please read and agree to our service agreement prior to signing up for our Residential Trash and Recycling Services
TERMS AND CONDITIONS
A. Service Rendered: The undersigned (Pratt Trucking) agrees to furnish the solid waste collection and disposal services and equipment specified above and Customer agrees to make the payments as provided for herein and abide by the terms and conditions of the Agreement.
B. Waste Material: The waste material to be collected and disposed of by Pratt Trucking pursuant to this Agreement is solid waste generated by Customer excluding radioactive, volatile, highly flammable, explosive, toxic, or hazardous material. The term “hazardous material” shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, or applicable state law. Pratt Trucking shall acquire title to the waste material when it is loaded into Pratt Trucking trucks. Title to and liability for any waste excluded above shall remain with Customer, and Customer expressly agrees to defend, indemnify and hold harmless Pratt Trucking from and against any and all damages, penalties, fines and liabilities resulting from or arising out of such waste excluded above.
C. Liability for Equipment: Customer acknowledges that it has the care, custody and control of equipment owned by Pratt Trucking and accepts responsibility for the equipment and its contents except when it is being physically handled by employees of Pratt Trucking. Therefore, Customer expressly agrees to defend, indemnify and hold harmless Pratt Trucking from and against any and all claims for loss of or damage to property, or injury to or death of person or persons, resulting from or arising in any manner out of Customer’s use, operation or possession of any equipment furnished under this Agreement.
D. Damage to Pavement: Customer acknowledges that Pratt Trucking shall not be liable for any damages to pavement, curbing, or driving surface resulting from its trucks servicing in agreed upon area.
E. Landfill and Fuel Adjustments: Pratt Trucking reserves the right to adjust the rates hereunder based upon increases in fuel and landfill costs.
F. Other Rate Adjustments: Pratt Trucking may adjust the rates hereunder from time to time to reflect the percentage increase in the local Consumer Price Index of Urban Wage Earners and Clerical Workers(all items) published by the U.S. Department of Labor, Bureau of Labor Statistics. Pratt Trucking may also adjust the rates hereunder in an amount in excess of such percentage increase upon Customer’s approval.
G. Changes: Changes in the rates, the type, size and amount of equipment and the frequency of service may be agreed to orally or in writing by the parties without affecting the validity of this Agreement. Consent to oral changes shall be evidenced by the practices and actions of the parties.
H. Failure to Perform: In the event Customer terminates this Agreement prior to the expiration of its term, Customer agrees to pay Pratt Trucking as liquidated damages a sum equal to the sum of Customer’s average monthly billing for the most recent six months, or, if Customer has not been serviced for six months, Customer’s average monthly billing multiplied by six. In the event Customer fails to pay Pratt Trucking all amounts which become due under this Agreement, or fails to perform its obligations hereunder, and Pratt Trucking refers such matter to an attorney, Customer agrees to pay, in addition to the amount due, any and all costs incurred by Pratt Trucking as a result of such action, including, to the extent permitted by law, reasonable attorney’s fees.
I. Excused Performance: Neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, fires, and acts of God.
J. Assignment: Neither party shall assign this Agreement without the prior written consent of the other party, except that Pratt Trucking without Customer’s consent may assign this Agreement to any corporation affiliated with Pratt Trucking.
K. Binding Effect: This Agreement is a legally binding contract on the part of both Pratt Trucking and Customer and their respective heirs, successors and assigns in accordance with the terms and conditions set out herein.
L. Term: This Agreement is for a term of one year and shall be renewed for successive three year terms without further action by the parties, but may be terminated at the end of any one/three year period by either of the parties hereto by not less than sixty days prior written notice (Certified Mail).
M. Payments: Customer shall pay Pratt Trucking on a monthly or quarterly basis for the services and/or equipment furnished by Pratt Trucking in accordance with the charges and rates provided for herein. Payment shall be made by Customer to Pratt Trucking within ten (10) days of the receipt of an invoice from Pratt Trucking. Company may impose and Customer agrees to pay a late fee for all past due payments not to exceed the maximum rate for same allowed by applicable law.
N. Future Service: Customer grants to contractor the rights to compete with any bona fide offer, which Customer receives or intends to accept relating to the provision of non-hazardous solid waste disposal services for the period after the termination of this Agreement. Customer shall notify Contractor forthwith in writing if Customer receives or intends to accept any such bona fide offer, disclosing to Contractor all the terms and conditions thereof. Customer shall not accept such offer for the period of (14) days of such notification submits an offer of its own, Customer shall consider Contractor’s offer but is not bound to accept it. Nothing stated in this clause shall be interpreted as relieving the Customer of its obligation to comply strictly with the provisions of this agreement until such time as this Agreement has been terminated in accordance with its terms.
Pratt Trucking: PO Box 795, Webster, MA 01570