1. Payment Terms
Customer/Contractor agrees to pay all invoices in accordance with the payment terms stated on the invoice. Past due balances may accrue interest at the maximum rate permitted by New York law. Customer/Contractor shall be responsible for all costs of collection, including reasonable attorneys’ fees, court costs, and collection agency fees.
2. Title to Waste
Title to acceptable, non-hazardous waste transfers to Boon Waste Solutions, Inc. upon pickup and removal. Title to and liability for prohibited, unauthorized, or excluded materials shall remain with the Customer/Contractor, who agrees to indemnify and hold harmless Boon Waste Solutions, Inc. from all fines, penalties, cleanup costs, environmental remediation costs, or damages arising therefrom.
3. Access & Service Conditions
Customer/Contractor shall provide clear, safe, and unobstructed access to the dumpster at all times. If access is blocked, unsafe, or unavailable, service may be delayed or rescheduled and additional trip or service fees may apply.
4. Property Damage Disclosure
Customer acknowledges that roll-off dumpsters and trucks are heavy commercial equipment and may cause damage to pavement, driveways, lawns, landscaping, underground utilities, septic systems, irrigation systems, or overhead obstructions.
5. Limited Release for Property Damage
To the fullest extent permitted by New York law, Customer releases Boon Waste Solutions, Inc. from claims for ordinary property damage arising from dumpster services, excluding damage caused by gross negligence or willful misconduct.
6. Street Placements & Permits
If the dumpster is placed on a public street or right-of-way, Customer is responsible for obtaining permits and assumes responsibility for fines, enforcement actions, or towing.
7. Weight Estimates & Adjustments
Pricing may be based on industry-average weight estimates. Disposal facility scale tickets shall govern actual weight. If actual weights exceed estimated weights, additional charges may apply.
8. Service Interruptions
Boon Waste Solutions, Inc. shall not be liable for service delays or interruptions caused by weather, road conditions, disposal facility closures, equipment failure, acts of God, or other events beyond its reasonable control.
9. Damage to Equipment
Customer/Contractor is responsible for damage to dumpsters caused by overloading, fire, prohibited materials, unauthorized movement, or misuse, excluding normal wear and tear. Once the dumpster is placed, Customer assumes care, custody, and control of the container and its contents until removal.
10. Insurance Requirements
Contractors shall maintain Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence and Workers’ Compensation as required by New York law. Certificates must be provided upon request.
11. Entire Agreement & Electronic Signatures
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements. If any provision is deemed unenforceable, the remainder shall remain in full force. Electronic and DocuSign signatures shall be deemed original and binding. This Agreement shall be governed by the laws of the State of New York.