Waste Material:

Waste material collected and disposed of by Cardella Trucking Co. Inc. dba Cardella Waste Services (“Cardella”) pursuant to this agreement is limited to non-hazardous waste generated by the above-named Customer (“Customer”). Hazardous Material: Cardella will not accept any hazardous or dangerous material, including, but not limited to, radioactive materials, explosives, corrosives, oxidizing agents, infectious wastes, pathological wastes, chemotherapeutic wastes, hazardous wastes, and/or any other materials deemed not acceptable by Cardella. THE UNDERSIGNED EXPRESSLY CERTIFIES THAT MATERIAL DISPOSED OF AT ANY CARDELLA FACILITY DOES NOT CONTAIN ASBESTOS OR HAZARDOUS WASTE. The inclusion of any hazardous waste materials may result in additional charges to the Customer. Customer agrees to indemnify and hold Cardella harmless for any and all liability arising out of a contaminated load, including, but not limited to legal actions, claims, fines, sanctions, or any other liabilities. No hazardous waste, or any barrels, tanks, or containers holding any liquid or chemical compounds classified as hazardous by any local, state or federal agencies authorized to categorize the same, is to be loaded or placed in Cardella’s containers and/or equipment. Cardella reserves the right to charge customer for disposal costs and/or fines imposed against Cardella for hazardous waste.

Pricing and Payment:

Customer hereby agrees to the prices supplied by Cardella, as specified herein. Prices vary based on Customer’s location and may differ by city, county, and state. Payment is due immediately upon service. Customer authorizes Cardella or Cardella’s authorized agents to verify any information provided by Customer and obtain additional information by securing data from a credit reporting agency, as required. Customer authorizes Cardella to charge Customer’s credit card for all invoices and any future delinquent balances. Standard payment terms are net 30 from date of invoice subject to the submission of a credit application and approval from the Cardella Waste credit department. Invoices being paid by credit card which are past due will be assessed a 3% processing fee.

Default:

If a default occurs with respect to payment on any account on which Customer is or may be liable and which is placed with an attorney or bonded by a collection agency, Customer agrees to pay an additional 35% collection charge on the entire open balance. The undersigned jointly and individually agree to be held personally liable for all debts based on the extensions of credit to the undersigned or any other corporation or business entity with which the undersigned is or maybe affiliated.

Enforcement:

Customer agrees to hold Cardella harmless and to indemnify Cardella for any legal fees, costs, expenses, claims, judgments or any other liability arising out of Cardella’s responsibilities under this agreement, including but not limited to, any legal actions brought against Cardella arising out of Customer’s actions.

Title:

Cardella shall acquire title to waste material, as hereinabove defined, when said material is loaded into Cardella’s container and/or vehicle. Title to and liability for any hazardous materials shall remain with Customer.

Liability for Equipment:

Customer acknowledges that it has care, custody and control of Cardella’s equipment and agrees to protect Cardella’s equipment from any unreasonable risks of harm or damages. Customer shall be liable for the cost of repairing or replacing equipment owned by Cardella that is damaged or destroyed by Customer. Customer agrees to pay a charge of three hundred dollars ($300.00) per plastic mini container that is lost or destroyed by Customer or any of its employees, agents, and/or subcontractors throughout the course of the project. Customer agrees to notify Cardella of any damaged or lost container as soon as Customer becomes aware of the loss.

Delays:

Cardella shall not be responsible for any losses or damages resulting from delays in supplying and/or servicing a container to Customer. Customer engaging containers on a time basis is not entitled to any refund in the event said container is not utilized during said period or is underutilized. Any extensions of time shall be subject to negotiations for an additional specified rate.

Clean Up:

Cardella is not be responsible for any debris on the ground or in the immediate vicinity of any container, except for debris which has been properly deposited in said container.

Street Permits and Equipment:

Customer is to supply all barricades, flashing lights, reflectors and other safety equipment as may be required by local authorities. All containers placed on streets in New York require a permit, pursuant to the Rules of the New York City Department of Transportation and will be obtained by Cardella at the rate indicated above, unless otherwise agreed.

Damage to Premises:

It is expressly agreed and understood that Cardella shall not be responsible for any damages to pavement, driving surface, lawns or walkways, wells, septic systems, buildings, vehicles, or any other real or personal property arising out of the performance of Cardella’s responsibilities under this agreement. Customer agrees to indemnify and hold Cardella harmless for any and all liability, arising out of damage to premises, including, but not limited to legal actions, claims, fines, sanctions, or any other liabilities.

Yardage, Overfills and Offloads:

Customer shall observe the fill line indicated on Cardella’s containers and equipment and agrees to load the same safely, so as not to exceed any specified yardage limits in filling any container. Customer is responsible for any overweight charges. Cardella is not responsible for spillage due to overloaded containers. In the event Cardella incurs any fines, penalties or any other criminal, civil or administrative liability as a result of the overloading and /or spillage of any container for the term of this agreement, Customer agrees to indemnify and hold Cardella harmless for any and all such liabilities, including but not limited to, reasonable counsel fees and costs.

Contaminated Loads:

Loads contaminated with debris other than the type agreed to by the parties is subject to an additional charge, reverting the agreed-upon rate to mixed construction debris rates. Any containers contaminated with tires and/or mattresses will be charged $50 for each tire or mattress in the container.