User AgreementForney, Talty, Crandall, Kaufman, Terrell, Wills Point, Rockwall, Royse City and Other Surrounding Areas
Titan Waste User Agreement
Titan Waste, LLC shall provide Customer with waste collection, transportation and disposal services for Customer’s waste and/or refuse materials. Customer grants to Titan, LLC the exclusive right to provide such services to Customer. Customer hereby agrees to grant Titan Waste, LLC the right to enter upon its property to the extent necessary to perform the aforedescribed services. Customer represents and warrants that it has no existing agreements with other companies or entities for the provision of such services, and hereby agrees to hold Titan Waste, LLC harmless from any claims, losses or damages resulting from any actions regarding any preexisting contracts.
Customer shall pay Titan Waste, LLC quarterly service fees in accordance with the “Schedule of Charges” set forth in this Agreement and the invoices delivered to Customer, as such amounts may be adjusted and additional charges assessed from time to time pursuant to section 3b below. Payment is due in full on the receipt of invoice. Customer shall pay Titan Waste, LLC for additional services performed by Titan Waste, LLC that are not specifically set forth in this Agreement, in accordance with the terms of this Agreement. A Customer’s account is past due if it has not been paid before or on the due date. Titan Waste, LLC may, at its sole discretion, assess a monthly finance charge not to exceed the maximum interest rate allowed by law on all past due accounts and charge administrative fees or other charges representing costs Titan Waste, LLC incurs in connection with past due accounts. In the event that Customer fails to timely pay its invoice, Titan Waste, LLC may terminate this Agreement or suspend services until the Customer’s account has been paid in full.
Change in Service. The parties agree that the type or frequency of service may be changed during the term of this Agreement without affecting the validity of this Agreement and that a. such change shall become a part of this Agreement. In the event Customer request any additional services or a change in the type or frequency of service, the service fees charged by Titan Waste, LLC will be adjusted and Customer agrees to pay the adjusted service fees. Upon agreement of the adjusted service fees, such modification shall become a part of this Agreement.
Rate Increases. Customer agrees that Titan Waste, LLC may either proportionately increase the service fees hereunder or add additional surcharges to adjust for any b. increase to Titan Waste, LLC in disposal, fuel and environmental costs; any increases in transportation costs due to changes in location of the disposal facility; for increases in the Customer Price Index; increases in the average weight per container yard of the Customer’s Waste Materials (Titan Waste, LLC initial assumption is that Customer’s Waste Material does not exceed 85Ibs per cubic yard); increased costs due to uncontrollable circumstances, including without limitation, changes in local, state, or federal laws or regulations, imposition of taxes, fees or other governmental charges assessed against or passed through to Titan Waste, LLC (excluding income or real property taxes) and acts of God such as floods, fires, terrorist acts, etc. Payment of such increased service fees or additional surcharges shall not be withheld by the Customer. Increases in the service fees or additional surcharges for reasons other than set forth above requires the consent of the Customer which may be demonstrated verbally, in writing or by the actions and practices of the parties.
RELOCATION OF RESIDENCE OR BUSINESS
In the event Customer relocates its residence or business to another area serviced by Titan Waste, LLC, Customer shall notify Titan Waste, LLC and such relocation will not affect the validity of this Agreement, as long as Titan Waste, LLC agrees to continue service to Customer.
Customer represents and warrants that the materials placed in the Equipment shall be “Waste Material” as defined herein and shall contain no other substances. The term Waste Material as used in these Terms and Conditions shall mean solid waste generated by Customer excluding radioactive, volatile, highly flammable, explosive, biomedical, infectious, toxic or hazardous material. The term “hazardous material” shall include but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, or applicable state law. Titan Waste, LLC shall acquire title to the Waste Material when it is loaded into Titan Waste, LLC’s trucks. Title to and liability for any waste excluded above shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Titan Waste, LLC from and against any and all damages, penalties, fines, and liabilities resulting from or arising out of such waste excluded above.
Customer acknowledges and agrees that all Equipment furnished hereunder by Titan Waste, LLC shall remain the property of Titan Waste, LLC. The word “Equipment” as used herein shall mean all containers used for the storage of Waste Material including stationary compaction units, stationary bailing units, Waste Material loading devices, tanks, tankers, and such other on-site devices as may be specified on the face of this Agreement. Titan Waste, LLC reserves the right to substitute the Equipment for similar Equipment at any time during the term of this Agreement. Customer Responsibility. Customer acknowledges that is has care, custody and control of the Equipment while at the Customer’s location and accepts responsibility for all loss or a. damage to the Equipment (except for normal wear and tear of for loss or damage resulting from Titan Waste, LLC handling of the Equipment) and for its contents. Customer agrees not to overload, by weight or volume, move or alter the Equipment, and shall use the Equipment only for its proper and intended purpose. Customer agrees to indemnify, defend and hold harmless Titan Waste, LLC against all claims, damages, suits, penalties, fines and liabilities for injury or death to a persons or loss or damage to property arising out of Customer’s use, operation or possession of the Equipment. Access. Customer shall provide unobstructed and reasonable access to the Equipment on the scheduled collection day. If the Equipment is inaccessible so that the regularly b. scheduled pick up cannot be made, Titan Waste, LLC will promptly notify the Customer and afford the Customer a reasonable opportunity to provide the required access; however, Titan Waste, LLC reserves the right to charge an additional fee for any additional collection service required by Customer’s failure to provide such access.
DRIVEWAYS AND PAVEMENT DAMAGE
Customer warrants that any right of way provided by Customer for Titan Waste, LLC’s Equipment location to the most convenient public way is sufficient to bear the weight of all Titan Waste, LLC’s Equipment and vehicles reasonably required to perform the service herein contracted. Titan Waste, LLC shall not be responsible for damage to any private pavement or accompanying sub-surface of any route reasonably necessary to perform the services herein contracted and Customer assumes all liabilities for damage to pavement or road surface.
BREACH AND DAMAGES
Breach. Customer will be considered in breach of this Agreement if it: (1) fails to pay service fees as set forth in this Agreement; (2) fails to comply with any of its obligations set forth a. in this Agreement. Customer shall provide Titan Waste, LLC with written notice of any problem which it believes constitutes a failure by Titan Waste, LLC to fully perform its obligations under this Agreement. Titan Waste, LLC will be considered in breach of this Agreement if Titan Waste, LLC does not cure the problem in ten (10) business days after receiving such notice. Where Titan Waste, LLC determines, in its reasonable judgment, that the problem does not constitute a failure by Titan Waste, LLC to perform its obligations, or where such problem is beyond Titan Waste, LLC’s control, Titan Waste, LLC shall not be obligated to cure such problem and this Agreement shall remain in full force and effect. Titan Waste, LLC shall not be liable under any circumstances for any special, incidental or consequential damages arising out of or in connection with the performance or non-performance of this Agreement. Liquidated Damages. In the event Customer fails to pay Titan Waste, LLC all amounts which become due under this Agreement, or fails to perform its obligations b. hereunder, and Titan Waste, LLC refers such matter to an attorney, Customer agrees to pay, in addition to the amount due, and any and all costs incurred by Titan Waste, LLC as a result of such action, including, to the extent permitted by law, reasonable attorneys’ fees. Waiver. The failure of Titan Waste, LLC to exercise any right to terminate this Agreement and/or collect damages against Customer for any breach of this Agreement will not c. constitute a waiver of any of Titan Waste, LLC rights under this Agreement.
(a) This Agreement shall be governed in all respects of the laws of the State of Texas, without giving effect to the conflict of laws rules thereof; (b) This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective subsidiaries, successors and assigns. Titan Waste, LLC may assign its obligations and rights under this Agreement without the consent of the Customer. Customer may not assign its obligations or rights under this Agreement without the prior written consent of Titan Waste, LLC; (c) In the event Titan Waste, LLC is successful in enforcing the terms and conditions of this Agreement against Customer, then the Customer shall pay Titan Waste, LLC’s reasonable attorney’s fees, collection fees and costs; (d) Neither party hereto shall be liable for its failure to perform or delay in performance hereunder (other than an obligation to pay money), due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, compliance with laws or governmental orders, inability to get container, fires, and acts of God and such failure shall not constitute a default under this Agreement; (e) This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, whether written or oral, that may exist between the parties and if any one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and all other provisions shall remain in full force and effect.