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Last Revision 02/01/2022
Terms & Conditions:
Dumpster Disposal Service with Roll-Off Container(s), Dumpster(s) and/or Dump Trailer(s)
Stratton Oakmont Holdings, LLC an Ohio registered “COMPANY” doing business as 1st Choice Junk Removal, 1st Choice Dumpsters, 1st Choice Junk Removal & Dumpsters, including its affiliates and subsidiaries (““COMPANY””), agrees to rent certain container equipment (“Equipment”), (“Container”) to “CLIENT(S)” (“CLIENT(S)”on the basis of the terms and conditions as set forth herein. Except as specifically set forth herein or an statement of work (« SSOW « ), or as otherwise communicated by “COMPANY” to “CLIENT(S)” , the following terms and conditions, including the Lease Documents (as defined herein) shall apply to and govern both commercial and residential leases. In the event of a conflict between the provisions herein and the SOW, the SOW shall control and is incorporated herein by reference.
1. ACCEPTANCE AND BINDING AGREEMENT: This transaction, including “COMPANY” lease of Equipment to “CLIENT(S)” and/or Junk Removal Service, is expressly limited to and made conditional upon “CLIENT(S)” assent to and acceptance of all the terms and conditions contained herein and as set forth in any related lease document, including, but not limited to any quotation, proposal, SOW, acknowledgment and/or invoice (collectively “Lease Documents”). The terms and conditions stated herein shall apply to and govern all Lease Documents, including any agreement, order and/or lease that may result from, and these terms and conditions, along with the Lease Documents, constitute the entire agreement between “COMPANY” and “CLIENT(S)”. Any of “CLIENT(S)” terms contained in any request for quotation, purchase order, release, acknowledgement or any other “CLIENT(S)” document which are in addition to or different from the terms contained herein are hereby specifically objected to, rejected and excluded, and shall be of no force or effect. The terms and conditions of this agreement shall remain valid for a term of 12 months from the date of last services provided to “CLIENT(S)’ by ““COMPANY” and will continue to renew for an additional 12 months at the completion of each new services requested by “CLIENT(S)” from “COMPANY”.
2. TERMS OF LEASE: ‘“COMPANY”” will provide container disposal service using our roll-off container(s) and/or dump trailer(s). The amount of time, cost and weight associated with your use of container will be outlined within your estimate, invoice, or as stated herein or the website if there is not invoice.
3. CLIENT(S) RESPONSIBILITIES: All “CLIENT(S)”are responsible for the total weight of the contents of their container(s) and making sure it is loaded properly. All “CLIENT(S)” are responsible to ensure the doors to the container are securely closed and latched correctly prior to pick up. All “CLIENT(S)” are responsible for scheduling the removal of their container(s) by contacting “COMPANY” once they are done with the container(s). All “CLIENT(S)” are responsible for ensuring their container(s) are not overloaded. “CLIENT(S)”shall inspect the container(s) upon delivery for any existing damage. All damage shall be documented and photos shall be taken and reported to ‘“COMPANY”” upon delivery of the container(s). All “CLIENT(S)”are leasing equipment from “COMPANY” and is responsible for it while in “CLIENT(S)” possession. “CLIENT(S)” shall not compress containers contents or debris with heavy equipment or machines. “CLIENT(S)” is required to provide insurance-provider contact information and policy information on request at any time for any reason by “COMPANY” whether a claim exists or not, respecting any policy which may apply to the subject matter of the parties’ dealings. All “CLIENT(S)”are responsible to know how to properly use the dumpster. All “CLIENT(S)”are responsible to be onsite for delivery to direct its placement. All “CLIENT(S)”are responsible that no object(s) are in front of the dumpster, impeding its ability to be picked up at any time while in “Client(s)” possession. All “CLIENT(S)”are responsible for any content placed inside the container while the “CLIENT(S)” are in possession of the container. Do not load any debris over the top of the Container edge. Container is required to be water level full or less.
4. ADDITIONAL CHARGES: Upon removal of the equipment, “COMPANY”shall be entitled to charge the “CLIENT(S)”for the repair or replacement costs attributable to any damage or loss to the equipment while in the “CLIENT(S)”possession. The “CLIENT(S)”shall be liable for any repair or replacement costs. Upon removal, the “CLIENT(S)”authorizes “COMPANY”to collect any additional charges and repair or replacement costs attributable to the “CLIENT(S)”through any financial instrument, debit or credit card saved on file with ““COMPANY””. Additional extended service area fuel charges may apply
Additional tonnage Overage
$60/per ton (1-2000lbs)
Dry Run Charge
Max tonnage overage
5. LOSS OF USE: “CLIENT(S)” understands and agrees that “COMPANY” will suffer harm in the event that “CLIENT(S)” breaches this agreement which harm is difficult to calculate with precision at the time of contracting, and therefore agree that reasonable liquidated damages shall apply as stated hereunder. Without prejudicing any other right of remedy afforded “COMPANY” hereunder, “CLIENT(S)” shall pay to “COMPANY” upon demand for loss revenue or wages of any equipment damaged by “CLIENT(S)” actions or negligence, along with any lost or stolen equipment in the care of “CLIENT(S)” as follows:
a. Dumpster -$300/day
b. Trailer – $1000/day
c. Truck – $1,500/day
d. Excavator/Skid steer $1,500/day
Cleaning, loading & unloading due to loading of restricted or hazardous materials may be billed at a 3rd party rate plus a reasonable markup. Do not load any debris over the top of the Container edge.
6. WASTE MATERIAL: Non-Hazardous Solid Waste Only. “CLIENT(S)”agrees not to put any waste that is liquid, or any waste that is, or contains, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, biohazardous, infectious, toxic, and/or any hazardous wastes or substances (“Prohibited Waste”) into roll-off containers. Prohibited Waste includes, but is not limited to, tires, paint, batteries, paint cans, ashes, oil, vehicle parts, sewage sludge, etc. If such items are hidden in the Container and “COMPANY” is charged at the dump site, “CLIENT(S)”agrees to pay actual charges and fines. “CLIENT(S)”is responsible for contents of container during lease period, and for any charges associated with restricted contents.
7. INSPECTION/REJECTION OF PROHIBITED WASTE: Title to and liability for Prohibited Waste shall remain with “CLIENT(S)” at all times. “COMPANY”shall have the right to inspect, analyze, and/or test any waste delivered by “CLIENT(S)”
8. ACKNOWLEDGEMENT: “CLIENT(S) ”acknowledges that “CLIENT(S)”agrees to promptly pay for all damages to Leased Equipment and “COMPANY” property caused by “CLIENT(S)” , including a reasonable fee for lost profits, reasonable attorney fees incurred in enforcing this section, and interest at 1,5% per month. “CLIENT(S)” agrees to be responsible for Leased Equipment and all “COMPANY” property while on “CLIENT(S)” site and shall take reasonable steps to secure and maintain the same. “CLIENT(S)” shall report and damage however caused to “COMPANY” immediately. “CLIENT(S)” shall indemnify “COMPANY” for misuse, abuse, or neglect of Leased Equipment and/or “COMPANY” Property. The foregoing does not apply in the case of negligence on the part of “COMPANY” which results in claims for personal injury or death.
9. ACCESS AND GROUND CONDITIONS: The “CLIENT(S)”will be responsible for the provision of free and suitable access to and from the delivery site (including the removal and reinstatement of local obstructions) and for ensuring suitable, level ground conditions for the delivery, placement and removal of the equipment. All “CLIENT(S)” are responsible to make sure the surface(s) being used by our equipment is capable of handling the weight of our equipment and will not be damaged by such use of our equipment. . “CLIENT(S)” shall not block, barricade or park in front of the container at any time, for any reason. “CLIENT(S)” must assure a minimum of 15’ feet overhead clearance for all power, phone, cable, and other lines. “CLIENT(S)” is responsible to make sure there is adequate length, width and height for Container to be delivered, otherwise a dry run fee will apply for the failed delivery. No responsibility will be accepted for the damage to any surface caused by “COMPANY’ truck, trailers, container and/or equipment. “CLIENT(S)” Agrees to take steps to protect surfaces before delivery. “CLIENT(S)”acknowledges that they are not allowed to move around any equipment with their personal equipment or a third party’s equipment. It is suggested that “CLIENT(S)”can place lumber down before the container is delivered and request driver place container on lumber to limit the possibility of damaging the surface. Should the “CLIENT(S)”fail to return the container, “COMPANY”maintains the right to enter upon the premises where the container may be, without notice, and take possession of and remove it at the “CLIENT(S)”expense, all without legal process, the “CLIENT(S)”hereby waving any claims for damages from any such entry, taking, or removal so long as it can be accomplished without breach of the peace. “CLIENT(S)”accepts responsibility and liability for any loss of, or damage to the container(s) while in “CLIENT(S)”possession. “CLIENT(S)”grants the “COMPANY” the right to access to the container(s) at all reasonable times.
10. “AGREEMENT TO PAY FOR SERVICES: “CLIENT(S)”payment is due to the “COMPANY” for the service charge and adjustments as set forth in this contract at the time of ordering. “CLIENT(S)”is required to place a debit and/or credit card on file with “COMPANY”at the time the order is placed. This financial information will be stored and can be used to collect any open balance or additional charges owed to the “COMPANY”set forth in this document. By providing such financial information you express you have the authority to use such card and grant the authority to store such financial information on file to be used for any balance to be incurred by you. In the event you pay by check, you authorize the “COMPANY”to convert check to an electronic check and be presented to your financial institution. In the event a check is returned a $30 return check fee shall apply. “COMPANY”will continue to present check to financial institution in attempt to capture funds. In the event the “CLIENT(S)”debit/credit card is declined in an attempt to collect a balance owed on “CLIENT(S)”account. “CLIENT(S)”authorize “COMPANY”to continue to attempt to capture funds owed. “CLIENT(S)”authorize “COMPANY”to process the entire account balance, invoice and/or individual line item on your invoice at the “COMPANY”discretion in an attempt to collect funds owed. “COMPANY”” is not responsible for any fee’s incurred from your financial institution. “COMPANY” may terminate this agreement if “CLIENT(S)” fails to pay the service charge or should the credit worthiness of the “CLIENT(S)”not be acceptable to the “COMPANY”. No container shall be removed unless paid for and will continue to incur additional charges.
11. GUARANTEE OF PAYMENT: In the event of a voluntary or involuntary petition for bankruptcy or receivership filed by or against the ““CLIENT(S)”, the lease agreement shall be terminated on the filing date, and the equipment shall be returned to ‘“COMPANY””, and all unpaid rents shall be paid by the undersigned. The “CLIENT(S)” signature on this lease agreement will constitute both their corporate and personal guarantee to “COMPANY”that its invoices will be paid in full, including any overages or penalties incurred.
12. CONTAINERS: All containers furnished by the “COMPANY” shall remain the property of the “COMPANY” and “CLIENT(S)”SHALL not modify or use the containers for any purpose other than relating to the “COMPANY”’S service. Construction, Demolition & household garbage debris may be loaded to the top “FILL LINE” of the container. Dirt, concrete, brick, block and asphalt materials shall only be loaded to 50% of the containers capacity. Furthermore, such debris is only allowed if “COMPANY”is advised at the time of ordering and is reflects such on the invoice. If “COMPANY” is unable to tarp container due to overfill or if unsafe to transport, “COMPANY” has the right to dump all or part of the load on site. “CLIENT(S)”shall not put any content above the “fill line” and it shall be “water level”.
13. MARKETING & MONITORING: “CLIENT(S)” give permission to allow “COMPANY” to record all telephonic conversations for quality and training purposes. It also allows for “COMPANY” to communicate with “CLIENT(S)”via text message, email, telephone & social media now and in the future. Such communication may be shared at the discretion of the “COMPANY”. In the event the “CLIENT(S)”estimate/invoice stipulate a different term applies that is contradictory to these terms, the term within estimate or invoice will take precedence. The terms and fee’s in this lease agreement are applicable to all orders unless otherwise stated in the estimate or invoice in writing.
14. ORDERS: “COMPANY” intakes and processes all Equipment lease orders either via telephone or via our website which is located at https://p0p.8df.myftpupload.com (the “Website”). “CLIENT(S)” acknowledges and agrees that upon “CLIENT(S)” placement of an order for a lease of Equipment (either via telephone or via the Website), and “COMPANY” acceptance of such order, then a binding and enforceable lease agreement shall exist between “COMPANY” and “CLIENT(S)” with respect to such Equipment based upon these terms and conditions, as well any applicable Lease Documents. All lease orders accepted by “COMPANY” are accepted with the understanding that each such order is subject to “COMPANY”’s ability to obtain and furnish the Equipment to “CLIENT(S)”. “CLIENT(S)” is solely responsible for contacting “COMPANY” through designated channel in order to initiate the commencement of the Services, as well as the final pick-up of the Equipment (in accordance with the terms of Section 4 herein). “CLIENT(S)” acknowledges that any telephone numbers posted on and/or adhered to the Equipment belong to third-parties and should not be used for the purpose of attempting to contact “COMPANY”.
15. JUNK REMOVAL SERVICE. If elected by “CLIENT(S)” and accepted by “COMPANY”, “COMPANY” shall provide for removal of accumulation of waste material and rubbish at “CLIENT(S)” location, including the interior of any applicable structures thereon (« Junk Removal Service »); and at the completion of the work shall remove from the site all rubbish, tools, equipment, machinery, scaffolding, and surplus materials and haul the same away. “CLIENT(S)” shall pay for any disposal fees or permits required to perform the aforementioned. “CLIENT(S)” understands and agrees that the services do not include construction site cleanup or environmental remediation, mold remediation, or removal of hazardous or Prohibited Material defined in this agreement. “CLIENT(S)” agrees to indemnify and hold “COMPANY” against any third party claim or loss resulting from the performance of this service, unless such claim or loss relates to personal injury or death and is caused solely by “COMPANY”’s negligence. Pricing for such services shall be as indicated on “CLIENT(S)” invoice or agreed to between “COMPANY” and “CLIENT(S)” at the time of contracting. All other terms and conditions in this agreement shall apply to Junk Removal Service to the extent possible.
16. SCHEDULED TIMES: Equipment rental and junk removal arrival times are not guaranteed other than by the end of the scheduled business day unless unforeseen circumstances beyond the “COMPANY” control become a factor in the delay. The “COMPANY” may provide a time window to the “CLIENT(S) on when they expect to arrive, however such time slots are estimations on arrival.
17. ADDITIONAL DELIVERY AND PICK UP OF EQUIPMENT TERMS: “COMPANY” will use commercially reasonable efforts to ensure timely delivery and pick up of Equipment; provided that, due to circumstances beyond our control, including, but not limited to, inclement weather, hazardous roads and/or driving conditions, traffic delays, motor vehicle accidents, delays at landfills and equipment failure, we cannot and do not guarantee delivery times or dates. “COMPANY” will not be liable to “CLIENT(S)” under any circumstances for costs, expenses, losses and/or damages incurred by “CLIENT(S)” in any manner relating to such delays. There shall be a twenty (20) minute allotment time for pickup and delivery. Any waiting time is billed at $1.50/minute. Upon the delivery of the Equipment to the location as designated by “CLIENT(S)” , “CLIENT(S)” shall not move, transport or attempt to move or transport (either directly or indirectly) the Equipment from the designated site without prior notice to and consent from “COMPANY”, which may be withheld within the sole discretion of “COMPANY”. In the event that “COMPANY” attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond “COMPANY” control, including, but not limited to, overloaded Equipment, low lying power lines or tree branches, blocked access to the delivery or pick-up location, damaged Equipment, locked gates, fences or parking lots, inaccessible driveways and/or the storage of prohibited items or substances in the Equipment (collectively referred to as “dry run”), then “COMPANY” shall be entitled to an dry run inconvenience fee according to the fee chart below (Figure 1.) the amount of which is determined in “COMPANY”’s sole discretion. “CLIENT(S)” acknowledges and agrees that “COMPANY” is authorized and entitled to charge to “CLIENT(S)” ’s credit card the amount of any such dry run inconvenience fee. “CLIENT(S)” shall be solely responsible for any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including, without limitation, a towing “COMPANY”) incurred in connection with the movement, placement and/or use of the Equipment. In the event of “CLIENT(S)”’s violation and/or breach of the terms of the Lease Agreement (including these Terms and Conditions), “COMPANY” may, within “COMPANY”’s sole discretion and without prior notice to “CLIENT(S)” and without any liability to “CLIENT(S)”, pick-up the Equipment. In addition, “COMPANY” may pick-up the Equipment at any time if required to do so by local, county and/or state law or as required by order of any local, county and/or state government or agency.
18. PRICES AND PAYMENT TERMS: Prices for Equipment leases are stated in Figure 1 below and available on the Website, as modified from time to time within the sole discretion of “COMPANY”; provided that applicable prices for each Equipment lease transaction will be confirmed by “COMPANY” at the time of “CLIENT(S)” placement of an order for such Equipment. Except as otherwise mutually agreed in writing between “CLIENT(S)” and “COMPANY”, “CLIENT(S)” will pay “COMPANY” monthly throughout the applicable lease term via credit card payment. “CLIENT(S)” hereby expressly authorizes “COMPANY” to retain your credit card information and charge your credit on a monthly basis for lease fees and all other charges to which “COMPANY” is entitled hereunder. “CLIENT(S)” acknowledges and agrees that such credit card authorization shall remain valid and in full force and effect during the applicable lease period and for a period of time not to exceed 120 days beyond the last day of your Equipment lease. If, at any time during a lease term, “COMPANY” authorization to charge your credit card is revoked and/or cancelled by “CLIENT(S)” or any third-party, then “COMPANY”, within its sole discretion, may immediately terminate the Equipment lease and recover the Equipment without notice or liability to “CLIENT(S)”, and without prejudice to or waiver of any of “COMPANY” remedies against “CLIENT(S)” In the event of any dissatisfaction and/or liability dispute arises, payment may not be withheld from “COMPANY” by “CLIENT(S)” for any reason and “COMPANY” will not attempt to resolve the issue at hand until paid in full.
19. CANCELLATION AND CANCELLATION FEES: Any lease order, once placed with and accepted by “COMPANY”, may not be cancelled by “CLIENT(S)” except upon the consent of “COMPANY”, which may be withheld within the sole discretion of “COMPANY”. In the event that “COMPANY” agrees to accept a cancellation after acceptance of “CLIENT(S)”’s order, then “COMPANY” shall be entitled to a cancellation fee (which may be charged to “CLIENT(S)”’s credit card) in the amount $25.00 if the cancellation occurs prior to 3:00 p.m. the business day before your scheduled delivery and a cancellation fee in the amount of $200.00 if the cancellation occurs thereafter.
20. WEIGHT RESTRICTIONS AND OVERLOAD FEES. “CLIENT(S)” is solely responsible for complying with the weight restrictions applicable to the lease Equipment. “CLIENT(S)” acknowledges that: (a) each item/unit of Equipment has a designated weight specification and corresponding weight limitation (which varies based on the size and type of the Equipment, as well as other factors); (b) the size and/or volume of the particular item/unit of Equipment is not determinative of the applicable designated weight specification and weight limitation for such item/unit of Equipment; (c) local, municipal, city, county and/or state laws, regulations, rules and ordinances also govern and limit the weight and/or amount of material that can be legally stored in and/or transported in the Equipment; and (d) rain, water, snow, ice permitted by “CLIENT(S)” to accumulate in the Equipment can increase (and under certain circumstances) exceed the applicable weight restriction relating to specific Equipment. “CLIENT(S)” acknowledges that “CLIENT(S)” is solely and exclusively responsible for determining the weight restrictions applicable to “CLIENT(S)” ’s Equipment and for strictly complying with such restrictions, including, but not limited to covering and/or tarping the Equipment in order to prevent rain, water, snow, ice accumulation in the Equipment. “COMPANY” shall make reasonably available to “CLIENT(S)” upon request to inspect Vehicle Identification Number (VIN) plates and/or any other notices that provides the weight capacity on any equipment to determine the capacity. “CLIENT(S)” hereby acknowledges that “COMPANY” incurs charges and expenses in connection with the transport of loaded Equipment to landfills/transfer stations, and that such charges and expenses are based upon the weight of the Equipment. If “CLIENT(S)” fails to comply with applicable weight restrictions, “COMPANY” may incur any pay for charges, damages, expenses, penalties and/or fines from a landfill or other third-parties, whether private or public, including, but not limited to traffic fines and penalties or other consequential damages (collectively the “Overload Expenses”). In the event that “COMPANY” incurs any Overload Expenses relating to or in connection with “CLIENT(S)” failure to comply with applicable weight restrictions, then, in addition to all other remedies to which “COMPANY” is entitled and in addition to all other amounts, fees, charges and expenses due from “CLIENT(S)” to “COMPANY” (including “CLIENT(S)” reimbursement of all such Overload Expenses to “COMPANY”), Exceeding stated weight allowance will result in an additional charge of $60 per ton (tonnage is not pro-rated, if you exceed by one (1) pound you are billed for an overage of 1 ton. For example you rent a 15 yard container with a 3,000lbs included allowance of weight and it scaled out at 3,001. You would owe $60 for the additional 1 ton overage. Any weight above the max tonnage (8,000lbs) can result in refusal of service and off-loading shall be required. Overweight, height and overloaded circumstance can result in the driver emptying part or all of the contents of the container on site to remove the container in a legal and safe manor or refusal to remove container. Such actions by “COMPANY” would be caused by “CLIENT(S)” actions and willful disregard of the terms and conditions outlined in this agreement and the “COMPANY” is still entitled to the fees incorporated in the invoice and the terms and conditions throughout this agreement.If the driver removed a load of 8,000 lbs. or more an additional $200 fee will apply on top of the overage in tonnage. “CLIENT(S)”are responsible for any costs incurred to unload overloaded container.
21. PERMITS: “CLIENT(S)” acknowledges that certain locations and/or uses of the Equipment may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the Equipment (collectively referred to hereinafter as a “Permit”). “CLIENT(S)” represents and warrants to “COMPANY” that “CLIENT(S)” (and not “COMPANY”) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to “CLIENT(S)” ’s possession and use of the Equipment. In the event that “CLIENT(S)” fails to obtain and/or maintain all necessary and required Permits, “COMPANY” may pick-up the Equipment without prior notice to “CLIENT(S)” and without any liability to “CLIENT(S)” .
22. PROHIBITED SUBSTANCES: “CLIENT(S)” acknowledges that local, municipal, city, county, state and/or federal laws, regulations, rules and ordinances prohibit the storage of certain items, materials and substances in the Equipment (“Prohibited Substances”). Prohibited Substances include, without limitation, tires, batteries, Motor vehicles and major motor vehicle parts such as transmissions, rear ends, frames, springs and fenders, agricultural and farm machinery and equipment, marine vessels and major parts thereof, and any other types of large equipment or machinery, tree stumps, yard waste, concrete, bricks, stones, dirt, railroad ties, chemically treated lumber, paints and lacquers, oils, asbestos, infectious waste, radioactive materials, contaminated soils and absorbents, inks and resins, industrial drums, water heaters and water tanks, food waste, fuels, explosive and ordnance materials, adhesives, refrigerants and other toxic and/or hazardous materials and substances. A non-exclusive list of certain Prohibited Substances is available on “COMPANY” Website for “CLIENT(S)”’s review. “CLIENT(S)” acknowledges and agrees that “CLIENT(S)” is solely and exclusively responsible for complying with all applicable laws relating to Prohibiting Substances, and “CLIENT(S)” shall be liable for any charges, expenses, damages, losses, fines and/or penalties (including, but not limited to traffic fines and penalties) relating to “CLIENT(S)” storage and/or transportation of Prohibited Substances in the Equipment.
23. INDEMNIFICATION: “CLIENT(S)” agrees to indemnify, defend and hold harmless “COMPANY”, including its officers, directors, members, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, judgments, debts, fines, penalties, charges, expenses, costs or other liabilities of whatsoever kind or nature (collectively, “Losses”) asserted or alleged by any third-party arising from or related to: (a) Overload Expenses; (b) “CLIENT(S)” failure to obtain and/or maintain any required Permit; (c) “CLIENT(S)” use or storage of Prohibited Substances in the Equipment; (d) loss or theft of the Equipment; (e) damage and/or destruction of the Equipment during the applicable lease term to cover all equipment on site which may include but is not limited to an excavator, skid steer, truck, trailer and or container and any other “COMPANY” property regardless if leased hereunder; (f) personal injury and/or property damage relating to “CLIENT(S)” use and/or possession of the Equipment; (g) physical damage to streets, roadways, driveways, walkways, pavement, curbs, wells, irrigation systems, septic systems and/or underground utilities caused by the Equipment (h) “CLIENT(S)” ’s breach of the these terms and conditions or the terms of any of the Lease Documents; and (i) any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including, without limitation, a towing “COMPANY”) incurred in connection with the movement, placement and/or use of the Equipment.
24. WAIVER; LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF “COMPANY”, “CLIENT(S)” HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST “COMPANY” RELATING TO OR ARISING FROM “CLIENT(S)” LEASE/USE OF THE EQUIPMENT AND/OR “COMPANY” PERFORMANCE UNDER THE LEASE DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO “CLIENT(S)” HOME, PROPERTY, PAVEMENT, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, LAWN, WELLS, IRRIGATION SYSTEMS, SEPTIC SYTEMS AND/OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON “CLIENT(S)” PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO “CLIENT(S)” PROPERTY FROM LEAKS OR STAINS RELATING TO “CLIENT(S)” USE OF THE COMPANY EQUIPMENT. THE LEASE EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND “COMPANY” MAKES NO WARRANTIES TO “CLIENT(S)” , EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET YOUR REQUIREMENTS.
25. GOVERNING LAW; Severability. Any and all disputes arising from or in connection with the Equipment lease transaction between “COMPANY” and “CLIENT(S)”, including, but not limited to, these terms and conditions, the Lease Documents and/or “CLIENT(S)” possession and use of the Equipment, shall be construed in accordance with and governed by the laws of the State of Ohio, U.S.A., including all matters of construction, validity and performance, without giving effect to the conflict of law’s provisions of such State. Any provision hereof which may be prohibited by applicable law shall be ineffective to the extent of such prohibition and without invalidating the remaining provisions hereof.
26. JURISDICTION AND VENUE. Any action arising from or in connection with the Equipment lease transaction between “COMPANY” and “CLIENT(S)”, including, but not limited to, these terms and conditions, the Lease Documents and/or “CLIENT(S)” possession and use of the Equipment, shall be commenced and prosecuted in the Court of Common Pleas of Cuyahoga County, Ohio, U.S.A., Cleveland Municipal Court, Ohio U.S.A or in the United States Federal District Court for the Northern District of Ohio, Eastern Division. “CLIENT(S)” hereby consents to the exclusive jurisdiction and venue of the Court of Common Pleas of Cuyahoga County, Ohio, U.S.A. , Cleveland Municipal Court, Ohio U.S.A, or in the United States Federal District Court for the Northern District of Ohio, Eastern Division and “CLIENT(S)” hereby waives any objection or defense based on improper jurisdiction and/or forum non conveniens.
27. ASSIGNMENT. Neither this lease transaction (including the Lease Documents), nor any part or portion of “CLIENT(S)” ’s performance hereunder is assignable by “CLIENT(S)” in whole or part without the prior written consent of “COMPANY”, which may be withheld within the sole discretion of “COMPANY”.
28. RESERVATION OF RIGHTS. “COMPANY” expressly reserves all rights and remedies which are available to it at law or in equity.
29. MODIFICATION. No change in these terms and conditions will be valid unless approved by “COMPANY” in writing. No person has the authority to provide any changes to these conditions verbally.
By ordering service from ““COMPANY””, issuing payment to ““COMPANY”, receiving and accepting service and/or equipment from “COMPANY” and/or by signing this agreement, I am acknowledging that I have read and agree to terms listed in the entirety of the contract.