Terms and Conditions

Terms

Customer grants to Northwest Portables, LLC, dba American Sani-Can the exclusive right provide portable restroom services for an agreed upon term, or the end of event or completion of the project. If the Customers terminates the Agreement or contractor terminates the Agreement due to Customer’s nonpayment, Customer shall pay the Contractor all amounts due leading up to the termination date or the date Contractors equipment is successfully picked up, whichever is later.

Changes and Cost Increases

Because disposal and fuel cost are a significant portion of the cost of contractor’s service. Contractor may increase the schedule of charges proportionately to reflect any increase in such costs. The Schedule of Charges may also be adjusted from time to time to reflect increases in the Customer approval, and changes to the frequency of actions and practices of the parties.

Waste Materials

Customer warrants that the waste materials delivered to Contractor will not contain any hazardous, toxic or radioactive wastes or substances as defined by applicable federal, state, local or provincial laws or regulations. Contractor shall acquire title to the waste materials when loaded into Contractor’s vehicle; and Customer agrees to indemnify, defend and hold harmless Contractor against all claims, damages, suits, penalties, fines and liabilities arising out of the breach of the above warranties including, without limitation, liabilities for violation of laws or regulations, for injury of death to persons or for loss of damage to property or the environment.

Responsibility for Equipment

The equipment furnished by Contractor under the terms of this Agreement shall remain the property of Contractor, and Customer shall have no interest in such equipment. Customer shall be responsible for all loss or damage to the equipment. Customer shall not overuse, move or alter the equipment, and shall use the equipment only for its proper and intended purpose. Customer agrees to indemnify, defend and hold harmless Contractor against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property arising out of Customer’s use, operation or possession of the equipment. On service day, Customer shall provide unobstructed access to the equipment. If the equipment is inaccessible, Customer will be notified, and any additional service or attempt to provide such service shall be charged as an “extra service.”

Charges and Payment

Customer shall pay Contractor for its services in accordance with the Schedule of Charges shown on each invoice. Payment shall be made by Customer within fifteen (15) days after receipt of any invoice from Contractor. In the event that any payment is not made when due, Contractor may terminate this Agreement on notice to Customer, recover any equipment on the premises of Customer and recover any payments owed. Customer may be required to provide a valid credit card to offset any outstanding charges that go unpaid. Contractor may impose and Customer agrees to pay a late fee for all past due payments not to exceed the maximum rate allowed by applicable law. If Customer uses a Customer Owned Lock to secure the toilet, the lock is the responsibility of the Customer. If the toilet has been requested for pick-up by the Customer and the lock is not removed prior to pick-up, said toilet will not be picked up and Customer will be charged an additional pick-up fee of $75.

Right to Compete

Customer grants to Contractor the right to compete with any offer which Customer receives (or intends to make) relating to the provision of nonhazardous waste collection and disposal services upon the termination of this Agreement for any reason, and agrees to give Contractor written notice of any such offer and reasonable opportunity to respond to it.

Driveways and Parking Areas

Customer warrants that any right of way provided by Customer from the location of the equipment to the most convenient public way is sufficient to bear the weight of all the Contractor’s equipment and private pavement or accompany sub-surface of any route reasonable necessary to preform the service under the terms of this Agreement.

Attorney's Fees

In the event of a breach of the Agreement, the breaching party shall pay all reasonable attorney’s fees, collections fees and costs of the other party incident to any action brought to enforce this agreement.

Miscellaneous

If any conflicts exist in this Agreement between terms which are printed and those which are typed or written, the typed or written language shall govern. This Agreement shall be binding on the parties and their successors and assigns. The representations, warranties and indemnification contained in this Agreement.

Reinstatement Fee

In the event that service is disrupted due to nonpayment, there will be a $25.00 reinstatement fee assessed.