Terms and Conditions of Modern Disposal Services, Inc.
Services Provided: Subject to the terms and conditions of this Agreement, the Customer grants the Contractor and the Contractor accepts the exclusive right to collect and dispose of the Customer’s non-hazardous Solid Waste (“Services”). “Solid Waste” shall mean garbage, refuse and rubbish, including those which are recyclable, but excluding Regulated Material. “Regulated Materials” shall mean any waste that is or contains any infectious waste, radioactive, flammable, explosive, biomedical, petroleum products, biohazardous material, regulated medical or hazardous waste or toxic substances (including contaminated or uncontaminated construction or demolition debris), whether or not naturally occurring, which are defined pursuant to or listed or regulated as of the Effective Date, or which thereafter become defined, listed or regulated, under any applicable federal, state or local law, statute, ordinance or regulation, by any judicial order, or by any governmental entity.
Term: The initial term is listed on the front of this agreement. The Contractor and Customer further agree that the Contractor may provide the Customer with written notice at least 15 days and not more than 30 days prior to the expiration of this agreement by certified mail at the address on the front of this agreement of its intention to renew the agreement for an additional like period upon the same terms and conditions. This agreement shall be renewed for the additional period specified in the Contractor’s
notice unless Customer provides written objection to the Contractor prior to the commencement of the renewal period. In the event the Customer terminates this agreement prior to the end of the existing Term, the Customer shall pay to the Contractor, as liquidated damages, a sum calculated as follows: (A) if the remaining Term under this agreement is six or more months, the Customer shall pay its most recent or projected monthly charge multiplied by six: (B) if the remaining Term under this agreement is less than six months, the Customer shall pay its most recent or projected charge multiplied by the number of months remaining in the Term. The Contractor agrees that if the Customer no longer requires any collection and disposal service for its waste materials through discontinuance of its business or relocation outside the area in which the Contractor provides collection service, the Customer may terminate this agreement upon written notice to the Contractor at least sixty (60) days prior to the intended termination date, but only upon payment sixty (60) days in advance of all amounts due to the
Contractor through the intended termination date. Customer cannot terminate this agreement based upon the acts or omissions of Contractor unless Customer has first given Contractor written notice and a period of 14 days to cure that act or omission. The Contractor may terminate this agreement for convenience, and without cause, by providing written notice of termination to the Customer at least 30 days prior to thedate of termination.
Equipment: The word “Equipment” shall mean all equipment provided to the Customer used for the storage of waste material including stationary compaction units, stationary baling units, waste material loading devices and such other on-site devices as may be utilized to provide the Services. All Equipment owned by the Contractor, which the Customer has not purchased, shall remain the property of the Contractor and the Customer shall have no right, title or interest in the Equipment.
The Customer is responsible for the safe loading of the Equipment and warrants that they will not exceed the Equipment’s designed capabilities nor use it for incineration purposes or make alterations without the Contractors written approval. Customer shall provide safe, unobstructed access to the equipment on the scheduled service day. Waste Materials: The Customer warrants that the waste or materials collected by or delivered to the Contractor hereunder will not contain any Regulated Materials. Title to and liability for any Regulated Material shall remain with Customer at all times. Customer shall indemnify, hold harmless and pay or reimburse Contractor for any and all
costs, damages, and/or fines incurred as a result of or relating, directly or indirectly, to Customers tender or delivery of Regulated Materials or other failure to comply with the terms of this Agreement, including costs of inspection, testing and analysis of any waste material. Acceptability is based on available disposal capacity.
Indemnification: The Customer agrees to indemnify, defend and hold harmless the Contractor and its related corporate affiliates, Modern Disposal Services, Inc., Lewiston Trucking Co., Inc., Modern Recycling, Inc., Modern Landfill, Inc., R & S Equipment Leasing & Sales, Inc., Modern Portable Toilets, Inc., Modern Environmental Group, Inc., H2Gro, LLC, Buffalo Recycling Enterprises, LLC, Natural Environmental, Inc., Inc., Modern Landfill Ontario, Inc. (collectively “Affiliates”) their officers, directors and employees, against any and all claims, damages, suits, judgments, penalties, fines and other liability (including reasonable attorney’s fees), which the Contractor and Affiliates may be responsible for or pay out as a result of bodily injury or death of persons, or loss or damage to property, or any violation or alleged violation of law to the extend caused, directly or indirectly, by Customer’s breach of this Agreement or by any negligent act or omission or willful misconduct of the Customer or its employees,
agents or contractors or arising out of the Customer’s use, operation or possession of the Equipment or arising out of the Customer’s breach of any warranty created hereunder by the Customer. The Customer will indemnify the Contractor and Affiliates for damages, including repair and replacement costs of Equipment caused by, but not limited to, intentional misuse, abuse, theft and/or fire damage.
Charges and Payment: The Customer shall make payment within thirty (30) days after receipt of an invoice from the Contractor. In the event that any payment is not made when due, the Contractor at its sole option may at any time suspend or terminate the agreement on notice to the Customer and recover any Equipment belonging to the Contractor on the premises of the Customer. In such an event, The Contractor may impose and the Customer agrees to pay, in addition to the liquidated damages as set
forth above, interest for all past due payments equivalent to the maximum rate allowed by applicable law.
Disposal/Fuel/Environmental Charges: Since fuel, sanitary landfill costs and other charges to which the Contractor is subject are components of the services provided, the Contractor at its option, may increase the unit price of the collection, disposal, or recycling services provided to the Customer in an amount equal to any equivalent increase. Customer shall pay Contractor an amount equal to any per ton taxes, environmental surcharges or fees imposed or that may be imposed by New York State or by any governmental agency at any point from the date of this Agreement.
Changes: Changes in the schedule of charges, frequency of collection service, number, capacity and type of equipment may be agreed to orally or in writing by the Contractor or the Customer. Consent to oral changes shall be evidenced by the actions and practices of the parties.
Pavement Damage: The Contractor shall not be responsible for damage to the Customer’s pavement or other driving surfaces resulting from the weight of the Contractor’s vehicles servicing the equipment location designated by the Customer.
Miscellaneous: (a) The prevailing party shall be entitled to recover reasonable fees and costs, including attorney’s fees, in interpreting or enforcing this Agreement. In the event Customer fails to pay Contractor all amounts due hereunder, Contractor shall be entitled to collect all reasonable collection costs or expenses, including attorney’s fees, court costs or handling fees for returned checks from Customer; (b) the validity, interpretation and performance of this Agreement shall be construed in accordance with the laws of the state of New York, without regard to the principles of conflicts of laws; (c) If any provision of this Agreement is declared invalid or unenforceable, then such provision shall be deemed severable from and shall not affect the remainder of this Agreement, which shall remain in full force and effect; (d) Customer’s payment obligations for Services and the warranties and indemnifications set forth herein shall survive expiration or termination of this Agreement.
This Agreement constitutes the entire Agreement between the parties. This Agreement supersedes any and all prior negotiations, representations or understandings regarding the subject matter hereof, and contains all of the terms and provisions of the Agreement between the parties. This Agreement may not be modified, amended, supplemented or terminated except by a written agreement signed by the parties hereto. Please initial and date below to indicate your acceptance of the Terms and Conditions.
Temporary Roll Off Terms and Conditions
Modern disposal Service, inc. will make every attempt possible to provide guidance and inform our customer regarding these guidelines when it pertains to solid waste and recycling. As a waste generator, you are legally responsible for compliance with waste disposal, recycling laws and guidelines as they apply to your point of generation.
Listed below are some of the most common items found in our daily lives, which are unacceptable and not permissible in our dumpsters. This list should not be deemed as complete but should be used as a basic guide. Further clarification can be gained through one of the two contacts listed below.
Unacceptable waste items for dumpsters:
- Animal waste or animal parts
- Bed mattresses or box springs
- Chemical solvents, cleaners, herbicides, pesticides, acids
- Contaminated soil
- Electronic equipment, computers, monitors and televisions
- Fluorescent lights, or their fixtures
- Freon containing items refrigerators, air conditioners
- Hazardous materials
- Industrial waste
- Liquids of any kind
- Materials from a fire.
- Medical waste
- All oils including motor, cooking, hydraulic, Lubricating
- Paint or paint cans
- Radioactive materials
- Steel barrels, pails, or drums
If any of the items listed above are found in your container when received at the disposal site you will be assessed a fee for unacceptable items, which will automatically be charged to your credit card on file. All material must be below the top of the container.
Liability of the waste remains with the customer. It is the responsibility of the customer to make sure the container is accessible on the day service is requested. If we are unable to haul the container to anything mentioned above the customer will be charged a transportation fee of $100.00 plus tax. The customer will be responsible for removing the items, and we would need to re-schedule the service for the next available business day.
Modern cannot guarantee a specific time for delivery. The dumpster can remain on site for 7 days. If you need the container for an additional week the cost is $70.00 (prepaid)
Any tonnage overage will be charged to the credit card on file after the container is weighed at the scale. Modern will automatically charge your credit card on file for any overage fees associated with the terms and conditions above. Initial prepaid amount includes delivery, 7 days use, removal, disposal up to the included limit, and applicable sales tax.
Should you have any further questions or need further assistance, please do not hesitate to call our Customer Service department at 1-800-330-7107 or contact The New York state Department of Conservation, region 9 office in Buffalo at