COMPOST QUEEN PBC
SERVICE AGREEMENT; ORGANIC WASTES
Collection Service Agreement
Terms And Conditions
1. SERVICES RENDERED; ORGANIC WASTE MATERIALS. The authorized signature of this agreement (herein known as “Customer”) grants to Compost Queen PBC (herein known as “Company”) the exclusive right to collect and recycle all of Customer’s Organic Waste Materials in materials provided by Company. Customer represents and warrants that the materials to be collected under this shall be only “Organic Materials” as defined herein. For purposes of this Agreement, “Waste Materials” means all non-hazardous food scrap waste OTHER THAN AND EXCLUDING animal bones, meat, oil, dairy, industrial compostable material or any other non-compostable material.
2. TERM. The initial term (“Term”) of this Agreement is (1, 3, 6 or 12) month(s) from the date of acceptance of this agreement. This Agreement shall automatically renew thereafter for additional terms of month to month each (“Renewal Term”) unless either party gives to the other party written notice of termination at least thirty (30) days, but not more than one hundred eighty (180) days, prior to the termination of the then-existing Term. Customer agrees to forfeit of all monies collected if cancellation is requested before term of contract end date.
3. SERVICES GUARANTY. If the Company fails to perform the services described within five business days of its receipt of a written demand from Customer, Customer may terminate this Agreement with the payment of all monies due through the termination date.
4. CHARGES; PAYMENTS; ADJUSTMENTS. Customer shall pay for the services and/or equipment (including repair and maintenance) furnished by Company within ten (10) days of the date of Company’s invoice. Customer shall pay a service charge on all past due amounts accruing from the date of the invoice at a rate of ten percent (10%) per annum or, if less, the maximum rate allowed by law. Company may increase the charges to account for: any increase in disposal, fuel or transportation costs; any change in the composition of the Waste Materials or increases in the average weight per container of Waste Materials; increased costs due to uncontrollable circumstances, including, without limitation, changes in local, state or federal laws or regulations, imposition of taxes, fees or surcharges and weather such as floods, fires, Acts of God, etc. Company may also increase the charges to reflect increases in the Consumer Price Index for the municipal or regional area in which the Service Address is located. Increases in charges for reasons other than as provided above require the consent of Customer which may be evidenced verbally, in writing or by the actions and practices of the parties.
5. CHANGES. Changes in the frequency of collection service, schedule, number, capacity and/or type of equipment may be agreed to orally, in writing, or by the actions and practices of the parties.
6. EQUIPMENT, ACCESS. All equipment furnished by Company shall remain the property of Company; however, Customer shall have care, custody and control of the equipment and shall bear responsibility and liability for all loss or damage to the equipment and for its contents while at Customer’s location. Customer shall not overload, move or alter the equipment and shall use the equipment only for its intended purpose. At the termination of this Agreement, Customer shall return the equipment to Company in the condition in which it was provided, normal wear and tear excepted. Customer shall provide unobstructed access to the equipment on the scheduled collection day. Customer shall pay, if charged by Company, an additional fee for any service modifications caused by or resulting from Customer’s failure to provide access. Company shall not be responsible for any damage to Customer’s property, including pavement, subsurface or curbing, resulting from Company’s provision of services hereunder. Customer warrants that Customer’s right of way is sufficient to bear the weight of Company’s equipment and vehicles.
7. LIQUIDATED DAMAGES. In the event Customer terminates this Agreement prior to the expiration of any term for any reason other than a default by Company, or in the event Company terminates this Agreement for Customer’s default, Customer shall pay the following liquidated damages in addition to the Company’s legal fees: 1) if the remaining Initial Term under this Agreement is six or more months, Customer shall pay its most recent monthly charges multiplied by six; 2) if the remaining Initial Term under this Agreement is less than six months, Customer shall pay its most recent monthly charges multiplied by the number of months remaining in the Term. Customer acknowledges that the actual damage to Company in the event of termination is difficult to fix or prove, and the foregoing liquidated damages amount is reasonable and commensurate with the anticipated loss to Company resulting from such termination and is an agreed upon fee and is not imposed as a
penalty. Company shall not be liable under any circumstances for any special, incidental or consequential damages arising out of or in connection with performance of this Agreement.
8. INDEMNITY. The Company agrees to indemnify, defend and save Customer harmless from and against any and all liability which Customer may be responsible for or pay out as a
result of bodily injuries (including death), property damage, or any violation or alleged violation of law, to the extent caused by any negligent act, negligent omission or willful misconduct of the Company or its employees, which occurs (1) during the collection or transportation of Customer’s Organic Materials, or (2) as a result of the disposal of Customer’s Organic Materials, after the date of this Agreement. Customer agrees to indemnify, defend and save the Company harmless from and against any and all liability which the Company may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by Customer’s breach of this Agreement or by any negligent act, negligent omission or willful misconduct of the Customer or its employees, agents or contractors in the performance of this Agreement or Customer’s use, operation or possession of any equipment furnished by the Company. Neither party shall be liable to the other for consequential, incidental or punitive damages arising out of the performance of this Agreement.
9. RIGHT OF FIRST REFUSAL. Customer grants to Company a right of first refusal to match any offer relating to services similar to those provided hereunder which Customer receives (or intends to make) upon termination of this Agreement for any reason and Customer shall give Company prompt written notice of any such offer and a reasonable opportunity to respond to it.
10. MISCELLANEOUS. (a) Except for the obligation to make payments hereunder, neither party shall be in default for its failure to perform or delay in performance caused by events beyond its reasonable control, including, but not limited to, strikes, riots, imposition of laws or governmental orders, fires, inclement weather, Acts of God, and inability to obtain equipment, and the affected party shall be excused from performance during the occurrence of such events; (b) This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns; (c) 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; (d) This Agreement shall be construed in accordance with the law of the state of Colorado; and (e) All written notification required by this Agreement shall be by Certified Mail, Return Receipt Requested. If any provision of this Agreement is declared invalid or unenforceable, then such provision shall be severed from and shall not affect the remainder of this Agreement; however, the parties shall amend this Agreement to give effect, to the maximum extent allowed, to the intent and meaning of the severed provision. In the event the Company successfully enforces its rights against Customer hereunder, the Customer shall be required to pay the Company’s attorneys’ fees and court costs.
11. FORCE MAJEURE. The Company shall not be liable for delays in service or other non-performance caused by such events as fires, telecommunications, or utility or power failures, equipment failures, labor strife, riots, war, non-performance of The Company’s vendors or suppliers, acts of God, or other causes over which The Company has no reasonable control.
12. SEVERABILITY. Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction will not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.
By signing up for a weekly service plan, you agree to all the conditions stated above.