DEFINITIONS
Hereinafter, “A&W Septic Service LLC” shall be referred to as “AWS”, and the party engaging the services or purchasing the products of , A&W Septic Service LLC shall be referred to as “Customer” throughout this agreement.
SERVICES RENDERED
AWS agrees to furnish the equipment for rent, provide cleaning service(s) requested, delivery, pick-up, relocation, emergency services, and additional services ordered. The Customer agrees to make payment for said services according to payment terms and conditions set forth by AWS.
BINDING EFFECT
This Agreement is a legally binding contract on both the part of AWS, and Customer and their respective heirs, successors, and assignees in accordance with the Terms and Conditions put forth herein.
ERRORS AND OMISSIONS
This contract shall be the acceptance of all other charges under the Customer’s request. New jobs, additional unit rentals, extra services, or other services requested in writing or verbally within 365 days of signing this contract will be considered as the Customer’s acceptance of the terms of this contract as well. Any missing signatures on future contracts will not void the Customer’s acceptance of AWS rental agreement, and AWS will have a 365-day audit window where missing signatures are requested from the Customer.
PORTABLE UNIT RENTAL
This Agreement shall include the rental of a portable toilet, hand wash station, deluxe, special event, ADA,or any asset rented by AWS.
CLEANING
Service will include collection and disposal of liquid waste, replenishment of fresh water, deodorant, toilet paper, hand sanitizer refills, and the cleaning of the unit. The Customer acknowledges that to provide regular service, the unit must remain clear of debris or any building materials or vehicles, and the job site must be open to the driver. AWS's vehicle must be able to come within 15′ of the unit and do so in a safe manner. If the toilet is not accessible on service day or is deemed unsafe by AWS's drivers, the toilet will not be serviced again until the next scheduled service day.
RESCHEDULED SERVICE
If an additional cleaning is requested to be done by the site contact provided after the unit was deemed inaccessible by the driver, a $50 trip charge will be applied, and AWS will perform the service within 24-48 hours; a charge of $100 if the service is requested on the same day.
ADDITIONAL SERVICE
If the Customer requests an additional service outside of the normal scheduled service, a $50 per unit cleaning fee will be applied.
TIP-OVER
AWS secures all units to the ground when possible, but if a unit tips over, the Customer must call AWS or their sales representative. Do not wet the ground or try to clean the spill. AWS will dispose of the spilled waste, clean or replace the unit, spray the area with a disinfectant, and clean the affected area. AWS reserves the right to charge a $100 per unit tip over cleaning costs.
HOLIDAY SERVICE AND FREQUENCY CHANGES
AWS will try to maintain all customers on their set schedules, returning on set intervals regularly. AWS holds the right to reschedule service or skip service during schedule changes. For example: During national holidays, specifically, but not limited to other factors. AWS will notify the site contact verbally or in writing, stating the change in frequency or interval.
Only human waste is permitted in the toilet. No garbage or toxic materials of any kind are permitted to be disposed of in the unit. If there is an abundance of non-human waste in the holding tank, AWS may charge a trash collection fee.
AWS reserves the right to remove the unit from a site that is not in compliance at the Customer’s expense. No refunds will be given for days not used for non-compliant toilets.
If there is a gate code or security operations, the Customer must inform AWS, or their sales representative through email. If AWS drivers are not able to access the site, and it is found that the Customer did give AWS the gate code or security operation instructions AWS will return to clean the units at no additional fee.
PRICING
All equipment and services are billed at an agreed upon rate of (4) weeks or twenty-eight (28) days of services. All units are subject to applicable taxes. AWS does not pro-rate for unused days if a unit is picked up early. AWS 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 regulations.
CREDIT CARD PAYMENT
Upon entering into this Agreement, The Customer gives AWS permission to automatically charge the credit card provided for the portable toilet or hand washing unit rental. A 2.99% credit card processing fee will be applied.
Unless otherwise agreed, the Customer shall make PAYMENT IN ADVANCE for all quoted services by either major credit card, cash, money order, or check. The Customer further agrees to pay any and all additional charges, emergency charges, 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 who 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 AWS are approximate. AWS shall have no liability for failure or delay in delivery or failure to notify Customer of any delay or non-delivery. AWS is not responsible for the Customer’s failure to designate unit placement at delivery. If a unit is set in an undesired area because Customer failed to designate a placement area and AWS is asked to return, AWS reserves the right to charge a moving fee of $25 per unit plus fuel costs. Toilets CANNOT be placed on sidewalks, backyards, through gates, up/downstairs, or any place that can cause obstruction or hazard. Relocation of the unit will be performed at AWS, at the earliest time possible. The Customer agrees not to remove units from the site or permit the units to be removed from the site without AWS expressed written consent. If the Customer cancels delivery before delivery has been made, a failed delivery fee of $25 per unit may be applied, plus a fuel fee if applicable. If the Customer cancels an order after the rental units have been delivered, a delivery and pick-up charge may be applied.
SITE MOVE
Do not move rental equipment. You will be responsible for any damage caused by moving the rental equipment. Please contact customer service to move the assets to a new location. Scheduling a move will incur a new contract rental fee. If a customer neglects these rules and moves the unit on their own, it must be noted that the units can weigh up to 350 pounds and will cause injury if untrained individuals attempt to move a bathroom unit. Only AWS employees are authorized to move rental assets.
RETURN OF EQUIPMENT
It is the responsibility of the Customer to notify AWS when they want the equipment picked up, even if their contract specifies a pick-up date. If the Customer requests pick-up service, the Customer is still liable for any damage, lost, stolen, or burned equipment until said time that AWS picks up the equipment. Our standard timeframe is 48 to 72 hours after the pick-up request has been processed. All requests submitted after 2:00 pm will be processed as of the next full business day. The Customer agrees to return the equipment rented in as good of condition as when received. If the Customer requests for pick-up and then requests to cancel pick-up AFTER units have already been picked up, units will be returned to the Customer, but the pick-up charge will stay as a customer failed pick-up.
LIMITATION OF LIABILITY
AWS shall not be liable for damage to pavements or other driving surfaces resulting from the weight of vehicles servicing the equipment, a location designated by Customer, nor for any damages incurred while executing Customer’s directions, nor for any damages from spills, or loss of unit availability that may cause employee delay. In no event shall RPB, 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 AWS receives from Customer as payment under this Agreement. Customers, staff, or equipment may not come within 10 feet of the service truck during operation. If damage to either party results from customers’ disregard for a safety barrier, AWS holds itself not liable.
DAMAGE TO UNIT
The Customer agrees to return all equipment furnished under this Agreement to AWS, in the same condition as delivered, subject only to normal wear and tear. Customers shall bear the risk of loss and damage to equipment, and Customer shall pay the lesser of (a) the cost of repair or (b) the cost of replacement. The cost of replacement of a standard portable toilet with no damage waiver is agreed to be $1,000, which will be billed to the Customer in the event of a loss. No loss or damage to equipment, in whole or in part, shall impair Customer’s payment obligations under this Agreement.
The following additional fee will be applied for missing/damaged items:
Missing locks/keys:
$10
Missing sanitizer dispenser:
$25
Missing hand sanitizer bag:
$15
Missing toilet paper rod:
$10
Missing toilet paper cover:
$35
Missing urinal:
$65
Missing Seat:
$50
Walls:
$250
Door:
$350
Floor:
$250
Door lock:
$75
Door handle:
$35
Spray paint:
$25 per wall
Total loss / Theft of Classic toilet or Hand wash station:
$1,000
Total loss / Theft of ADA unit:
$2,000
Total loss / Theft of Trailer Unit metal frame:
$1,500
Total loss / Theft of Tank units:
$800
Hand sanitizer units will not be replaced if sanitizer is removed or damaged more than twice. Customers must accept or decline the damage waiver protection. The damage waiver is $8.50 per standand and $12.00 per ADA/VIP unit per unit per billing period and will cover all damage to the unit on the above list. The damage waiver does not cover the total loss of the unit. Missing, stolen, burned, or destroyed whole units will be charged 20% less if the damage waiver is selected. Instead of $1,000, a $800 per unit replacement fee will be applied. Damage waiver does not cover tip-over equipment that is contaminated with hazardous material. AWS reserves the right to increase per unit damage waiver cost at will and on-demand based on high-risk factors. Damage waiver is nonrefundable and is not insurance on the rental asset.
RETURNED CHECK POLICY
There will be a set fee of $35.00 for any payment received by AWS that is deemed insufficient funds.
AUTHORITY
The signer below represents and warrants that he/she has read the document, understands its contents, 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 they are the responsible party are charged directly to them and that they are personally responsible for payment. The Customer understands that if service is suspended or terminated, any fees for services rendered to them will be immediately due and payable. The Customer understands that interest will be charged on overdue accounts at 1.5% per month.