TERMS AND CONDITIONS

Thank you for renting a portable toilet with Enviro Flush, LLC. Please review our Service Agreement for all portable toilet rentals or handwashing unit rentals and be advised that this Service Agreement will need to be accepted in order for us to deliver to your site.

SERVICES RENDERED: Enviro Flush, LLC agrees to furnish the equipment for the rental and servicing of a portable toilet along with the removal of liquid waste and cleaning of each unit as specified by The Customer (Customer). Customer agrees to make payment for said services according to payment terms and conditions set forth by Enviro Flush, LLC.

BINDING EFFECT: This Agreement is a legally binding contract on both the part of Enviro Flush, LLC and Customer and their respective heirs, successors, and assignees in accordance with the terms and conditions put forth herein.

TOILET/HANDWASHING UNIT RENTAL: This agreement shall include the rental of a portable toilet, along with the collection and disposal of liquid waste, replenishment of fresh water, deodorant, toilet paper and the cleaning of the interiors. Customer acknowledges that in order to provide regular service, the unit must remain clear of debris and any building materials. The company’s vehicle must be able to come within 15’ of the unit. If the toilet is not accessible on service day, the toilet will not be serviced again until the next scheduled service day. If a second cleaning is requested, a $85 additional fee will be applied. Only human waste is permitted in the toilet. No garbage or toxic materials of any kind are permitted to be disposed of in the toilet. Enviro Flush, LLC reserves the right to remove the unit from site that is not in compliance. No refunds will be given for days not used for non-compliant toilets. Hand sanitizing units will not be replaced if removed or damaged.

PRICING: All equipment and services are billed to an agreed upon rate of (4) weeks or twenty eight (28) days of services, subject to applicable taxes. Minimum four weeks rental rate is assessed on all portable restrooms and hand wash units. Enviro Flush, LLC does not pro-rate for unused days if toilet is picked up early. Enviro Flush, LLC reserves the right to adjust its rates based upon increases or decreases in fuel costs, disposal facility costs or due to changes in local, state, or federal laws and regulation.

PAYMENT: Upon entering into this agreement: The customer gives Enviro Flush, LLC
permission to automatically charge the credit card provided for the services as per deliveries. Unless otherwise agreed the customer shall make PAYMENT IN ADVANCE for all quoted service, by either Major Credit Card, Cash, Money Order or Pre-approved business check. The customer further agrees to pay any and all additional charges, such as additional rental fees, damages, failure to deliver, or any costs as a result of damage to company equipment from customer negligence, or from removal of hazardous or prohibited material. Customers that pay
by credit card and incur additional fees will have the credit card charged for those fees. In the event Customer fails to perform its obligation to remit payment, and payment is collected through an attorney, collection agency or other proceedings, then Customer agrees to pay in addition to the amount due, reasonable attorney’s fees, court costs, interests and other applicable fees.

DELIVERY OF EQUIPMENT: Delivery times provided by Enviro Flush, LLC are approximate. Enviro Flush, LLC shall have no liability for failure or delay in delivery or failure to notify Customer of any delay or non-delivery. Enviro Flush, LLC is not responsible for Customer’s failure to designate unit placement at delivery. If unit is set in an undesired area because Customer failed to designate placement area and Enviro Flush, LLC is asked to return, Enviro Flush, LLC reserves the right to charge a fee of $85 plus fuel costs. Toilets CAN NOT be placed on sidewalks backyards, through gates, or up/downstairs. Relocation of the unit will be performed at Enviro Flush, LLC’s earliest convenience. Customer agrees not to remove units from site or permit the units to be removed from the site without Enviro Flush, LLC expressed
written consent.

SITE MOVE: Do not move toilets, you will be responsible for any damaged caused by moving the toilet. Please contact customer service to move a toilet to a new location. Scheduling a toilet move will incur a new rental fee.

RETURN OF EQUIPMENT: It is the responsibility of the Customer to notify Enviro Flush, LLC when they want the equipment picked up. However, the Customer is still liable for any damage, lost, stolen, burned equipment until said time Enviro Flush, LLC picks up the equipment. Our standard timeframe is 48 to 72 hours after the pickup request has been processed. All request submitted after 2:00 pm will be processed as of the next full business day. Customer agrees to return the equipment rented in as good condition as when received.

LIMITATION OF LIABILITY: Enviro Flush, LLC shall not be liable for damage to pavements or other driving surfaces resulting from the weight of vehicles servicing the equipment location designated by Customer, nor for any damages incurred while executing Customer’s directions. In no event shall Enviro Flush, LLC, its members, managers, employees, agents, attorneys, insurers, affiliates, successors, or assigns be liable for: i) any claim, loss, damage or expense of
any kind (including strict liability in tort) arising out of or related to the ownership, selection, possession, lease, operation, control, use, maintenance, delivery or return of the equipment; ii) incidental, indirect, special or consequential damages (including loss of profits or production), whether suffered by Customer or any third party, no matter the cause; or, iii) any amount in
excess of the amount Enviro Flush, LLC receives from Customer as payment under this Agreement.

DAMAGE TO UNIT: Customer agrees to return all equipment furnished under this Agreement to Enviro Flush, LLC in the same condition as delivered, subject only to normal wear and tear. Customer shall bear the risk of loss and damage to equipment. In the event of damage, Customer shall pay the lesser of (a) the cost or repair, or (b) the cost of replacement. The cost of replacement of a standard portable toilet is agreed to be $1500, which will be billed to the Customer in the event of loss. No loss or damage to equipment, in whole or in part, shall impair
Customer’s payment obligations under this Agreement. The following additional fees will be applied for missing/damaged items:

Missing locks/keys: $15
Missing sanitizer dispenser: $60 Missing toilet paper rod: $10

RETURNED CHECK POLICY: There will be a set fee of $35.00 for any payment received by Enviro Flush that is deemed insufficient funds.

AUTHORITY: The signer below represents and warrants that he/she has read the document and understands its contents and is duly authorized to execute this agreement and agrees to reimburse the company for all expenses or damages incurred. The customer understands and agrees that all services rendered to the individual/company for whom he/she is the responsible party are charged directly to him/her and that he/she is personally responsible for payment. The customer understands that if service is suspended or terminated, any fees for services rendered to him/her will be immediately due and payable. The customer understands that interest may be charged on overdue accounts at that highest rate allowable by Connecticut law. All deliveries and services requested by the customer are covered under this agreement.

All future Site Location Requests are subject to the terms of this Rental and Servicing Agreement.