Materials and Rolloffs
1. Agreement: This agreement legally binds (“Customer”) and Steve’s Excavating & Paving, Inc., D.B.A. Sarnago & Sons Recycling & Materials, here and after called Sarnago & Sons, to the terms and conditions listed below and in accordance with the laws of the State of Florida in effect at the time of ordering a dumpster. Sarnago and Sons agrees to provide the “Customer” with non-hazardous waste collection, transportation, disposal and recycling services.
2. Service: “Customer” agrees to give Sarnago and Sons Recycling and Materials at least one to two (1-2) business days notice for service (dumpster delivery, exchange, termination or relocation). If a call for service is received after 12p.m. (noon), Sarnago and Sons cannot guarantee service for the next business day. There may be times when a delay could be incurred in servicing your needs due to inclement weather, traffic conditions, equipment failure etc.
3. Inability to Deliver or Pick Up a Dumpster: If Sarnago and Sons attempts to deliver or pick up a dumpster and the dumpster is blocked or a gate is locked or prevented in any way from delivering or picking up a dumpster (including being turned away) the “Customer” will be charged a $150 to $175 No Service fee.
4. Prohibited Waste: “Customer” agrees not to place any hazardous or toxic waste in the dumpster as it is against the law. All hazardous or toxic waste found in the dumpster will become the responsibility of the “Customer”. At Sarnago and Sons’ discretion may return the hazardous or toxic waste found in the dumpster and charge the “Customer” a $150 to $175 Return Charge. At Sarnago and Sons’ discretion may charge the “Customer” a disposal fee for the hazardous or toxic waste found in the dumpster as detailed below in the section called Disposal Fees. Hazardous or toxic waste includes industrial waste, waste containing asbestos, septic tanks and waste, paint, cleaning solutions, biomedical waste, pesticides, solvents, tires, oil, oil filters, oil containers, gas cans, propane tanks, batteries of any kind, appliances with Freon (air conditioners, refrigerators, etc.), Freon aerosol cans, hazardous waste, (ballasts with PCB’s, devices containing mercury, florescent bulbs, etc.), telephone poles, railroad ties,(food garbage).
5. Equipment: All equipment furnished by Sarnago and Sons shall remain property of the Company, however, “Customer” shall have care, custody and control of the equipment and shall bear responsibility and liability for all loss and damage to the equipment and for its contents while at the “Customer’s location. “Customer” shall not move or alter the equipment and shall use the equipment only for its intended purpose. “Customer shall provide unobstructed access to the equipment on scheduled pick-up day.
6. Damages: Sarnago and Sons is NOT responsible for any damage to “Customer’s property including walkways, curbing, pavement, driveways, pavers, irrigation, wells, septic or underground utilities resulting from the company’s provision of services. “Customer” warrants that the right of way is sufficient to bear the weight and physical dimensions of the Sarnago and Sons equipment and vehicles. “Customer” understands that lawn damage may occur during a construction/clean-up project. No repair is offered or provided.
7. Overfilled Dumpsters: “Customer”” agrees not to overfill the dumpster above the top rail of the dumpster. An over-filled dumpster may allow debris to fall out and damage other cars and trucks and, it is against the law to transport and over-filled dumpster. Sarnago and Sons reserves the right to refuse to pick up an over-filled dumpster If over-filled, the “Customer” will be responsible for over-filled debris down to the top rail of the dumpster. An additional charge to the “Customer” of $150 to $175 No Service Charge.
8. Placement: Customer is responsible to meet driver on site to direct dumpster placement, relocations, removal and aggregate material placement. Dumpsters instructed to be located on the road, Sarnago & Sons will not be responsible for tows, traffic fines, accidents and traffic related issues. Sarnago & Sons strongly advises against any placement on road ways.
9. Overweight Debris Dumpsters: Sarnago and Sons includes a certain amount of dump fee’s with each construction debris dumpster depending on the size, which is listed on our web-site www.sarnagoandsonsrecycling.com. If tonnage exceeds allowed weight limit there will be an additional charge of $50.00 each ton over.
10. Daily Rental: Each dumpster includes a number of days in the rental, which is listed on the website. A daily rental fee of $5.00 per day will apply after the included number of days if the dumpster is not emptied and returned or removed at the “Customer’s” request. If the dumpster is emptied and returned, the next dumpster is considered a new rental and includes the same number of days as the first dumpster.
11. Indemnity: The “Customer” agrees to indemnify, defend, and save Sarnago and Sons harmless from and against any and all liability which Sarnago and Sons may be responsible for or pay out as a result of bodily injury (including death), property damage or any violation or alleged violation of the law to the extent caused by “Customer’s” breach of this Agreement or by any negligent omission or willful misconduct of the “Customer” or its agents, employees, contractors in the performance of this agreement. Neither party shall be liable to the other for incidental, consequential, or punitive damages arising out of or in connection with the performance or non-performance of this agreement.
12. Stand by time: A maximum 10 minutes per load is allowed for delivery of each dumpster and/or load of material. If trucks are held beyond this period, the excess will be charged to the customer at the seller’s current rate; $1.00 per minute.
13. Method of Payment: “Customer” agrees to provide a credit card on file and pay for services they have ordered. If Credit Card is declined, “Customer is subject to a finance charge of 1 1/2% per month (18% per annum). Should the servicing of any Agency or Attorney become necessary to collect any amount outstanding, I/we agree to pay of such collection including a reasonable attorneys fee. I/we further agree that any lawsuit against Sarnago and Sons to collect such obligations shall be filed in court having proper jurisdiction of such claims in Pinellas County, Florida. Whereas, it is hereby stipulated that proper venue shall be any such lawsuit.
It is also agreed and understood that if payment is not made, Steve’s Excavating and Paving, Inc., DBA Sarnago and Sons files notice to owner (NTO) a charge of one hundred dollars ($100.00) will accrue. If a claim needs to filed in court or on a bond, another two hundred-fifty dollars ($250.00) will accrue.
Sarnago & Sons is not be responsible for fluids dripping out of containers. Liners can be provided @ $100 per liner.
14. Materials: Sarnago & Sons is not responsible for any material testing, including proctors of any kind.
Sarnago & Sons Recycling & Materials is a DBA of Steve’s Excavating and Paving, INC