Steve’s Excavating and Paving INC. DBA Sarnago and Sons Recycling
Subject to Change
1. Agreement: This agreement legally binds (“Customer”) and Sarnago and Sons Recycling and Materials 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 Recycling and Materials 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: If Sarnago and Sons attempts to deliver or pick up material or a dumpster and either is blocked or prevented in any way from being delivered or picked up, including being declined and turned away, the customer will be subject to a 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 Return Charge. At Sarnago and Sons’ discretion may charge the “Customer” a disposal fee for the hazardous or toxic waste found in the dumpster. 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. 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. Sarnago and Sons is not responsible for any incorrect order placed by “Customer”, for example, if crushed asphalt is needed and paver base is ordered or if a larger dumpster is needed but they ordered a smaller one. That is solely the “Customer’s” responsibility.
6. 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 an 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 AND CHARGED AN ADDITIONAL FEE. Sarnago & Sons is not responsible for fluids dripping out of containers. Liners can be provided @ $75 per liner.
7. 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 $55.00 each ton over.
8. Daily Rental: Each dumpster includes a number of days in the rental, which is listed on the website. A daily rental fee 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.
9. 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.
10. Stand by time: A maximum 15 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; $2.00 per minute.
11. 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.
12. Placement: Sarnago and Sons will place the dumpster in a location desired by the customer, if possible, as long as it’s deemed safe by a Sarnago and Sons representative. The dumpster must not be moved from where it was placed for any reason by anyone other than Sarnago and Sons. If dumpster is moved, the customer or contractor will be held responsible for all damage to our property and any costs incurred trying to retrieve our dumpster, this action will hold the participating party completely liable for any and all damages to owner’s property and by this action will void our insurance on that location. It is the customer’s responsibility to ensure their desired location is not violating any laws or ordinances, otherwise, they will be responsible for any fees or fines that may be accrued.
13. Dumpster Contents: Any dumpster other than our demo dumpsters are made for specific materials and are not to be mixed with any other types of debris. For instance, if a “Customer” orders a concrete only dumpster, the only acceptable material would be concrete with the exception of rebar. The asphalt dumpster should only contain asphalt and the dirt dumpster is only allowed to have dirt and grass scalpings. Any material or contaminates placed in the dumpster other than what the dumpster is titled as, will be subject to a pick fee. Material only dumpsters are limited to 10 and 20 yard dumpsters due to DOT regulations on load limits while driving. If a non permitted item goes into a dumpster of larger size, the “Customer” will be responsible for all fees incurred.
14. Feedback and Review Permission: In the event that the customer is satisfied with their service but unable to leave a review, with the customer’s expressed permission, Sarnago and Sons is able to leave a review on their behalf.
15. Fuel Surcharge: ALL PRICES ARE SUBJECT TO CHANGE AND/OR TO A FUEL SURCHARGE
Sarnago & Sons Recycling & Materials is a DBA of Steve’s Excavating and Paving, INC