Terms & Conditions
Bear Necessities Portable Restrooms (hereinafter referred as “BNPR”) hereby accepts the Customer’s order for Equipment (hereinafter referred as “Equipment”) and/or services, but such acceptance is expressly conditional upon acceptance of the conditions set forth herein. In the event the agreement is not signed, payment against any invoices shall constitute agreement to these terms.
***Placement of deposit is my acceptance of the agreement of Terms & Conditions***
1. EQUIPMENT: All Equipment supplied by BNPR shall remain the property of. Customer shall have no right, title, or interest in the Equipment. Customer shall not make any alterations or improvements to the Equipment without prior written consent of BNPR. Customer shall not overload the Equipment or use it for incineration purposes. Customer shall keep the Equipment free and clear of all levies, liens and encumbrances.
2. CHARGES AND PAYMENT: The Customer agrees to pay all invoices arising out of the rental & service(s) charges for equipment and any special service(s). Payment shall be made by the Customer to BNPR within twenty (20) days of the receipt of an invoice/statement from BNPR. Customer shall be liable for all taxes, fees or other charges imposed by federal, state, local or provincial laws and regulations upon the collection, transportation or disposal of Customer’s liquid waste materials or the services provided hereunder. An account is past due if it has not been paid within thirty (30) days from the invoice date. If an account is past due, BNPR has the option to terminate this agreement or to temporarily suspend service until the account is brought current without terminating this agreement or other services affecting the remaining terms hereof. Customer acknowledges that it will continue to be bill the full amount of the rental and service while on suspension. Customer agrees to pay interest to any balance older than 28 days at the rate of 1.5% or $5.00 per billing month. Accounts overdue may be placed on a C.O.D. basis. It is agreed that in the event of a default in payment for a period of 60 days and said account is referred to an attorney for collection, the customer agrees to pay reasonable attorney’s fees of 33.5% or $300.00 per hour, in addition to the balance due.
3. RATE ADJUSTMENTS: BNPR reserves the right to change prices of rental, services, delivery, pick up or mileage without notice due to fuel increase, disposal fees, taxes or vendor cost increase.
4. SERVICE: Delivery, Service and/or Pick Up's dates are approximate. BNPR shall have no liability for failure or delay in delivery, service or pick up or failure to notify customer of any delays or non-delivery.
5. ACCESS: On service day, BNPR shall have clear access to the Equipment. If the Equipment is blocked to prohibit the service technician & service truck access, Equipment will be not serviced. It will be logged into the services as a “Partial Service” or “Unable to Service” with time stamp photos and job completion notes. “Partial Service” or “Unable to Service” job completions will not result in a refund. BNPR reserves the right to charge an additional fee for any additional service(s) required by Customer’s failure to provide such access.
6. MEANS OF ACCESS: Customer covenants that BNPR shall not be liable for any damages to any driveway, parking lot, nearby pavement, curbing or any other surface designated for use by Customer, for BNPR to provide services and releases BNPR in advance for any such damages. Customer warrants that any such right of way provided by Customer from Equipment location to the most convenient public right of way is sufficient to bear the weight of all BNPR Equipment and BNPR shall not be responsible for damage to any private pavement or accompanying subsurface of any reasonable access point necessary to perform the services herein contracted. BNPR shall not be responsible for damage to any fences, barricades or other structures which enclose BNPR containers unless such structures are built to BNPR specifications.
7. EQUIPMENT TIPOVERS: The Customer assumes all responsibility of Equipment tip overs and any damage the Equipment may inflect on Customer’s property or any person or person’s property. It is the Customers responsibility to find a reasonable location to have the Equipment delivered and set up. BNPR reserves the right to charge an additional fee for any additional service(s) required by Customer’s to service the unit.
8. LIQUIDE WASTE MATERIAL: The waste material to be collected and disposed by BNPR pursuant to this agreement is liquid waste generated by Customer excluding radioactive, volatile, highly flammable, explosive, biomedical, toxic or hazardous material. Customer shall solely and exclusively use BNPR Equipment and service for the collection, removal and disposal of ‘all its non-hazardous liquid waste material. The term “hazardous" material shall include, but is not 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 as amended, or applicable state law. BNPR shall acquire title to the solid waste material when it is loaded into BNPR trucks. Title to and liability for any waste excluded above shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless BNPR from and against any and all damages, penalties, fines and liabilities resulting from or arising out of such waste excluded above. Customer shall not place any waste that requires special handling in the Equipment, ANYTHING THAT IS NOT HUMAN WASTE OR TOILET PAPER, IS THE CUSTOMERS RESPONSIBILITY.
9. LIABILITY: The Customer agrees to exercise reasonable care in the use and handling of the Equipment and will be responsible for any damages to Equipment over normal wear and tear. The customer is responsible for the replacement cost of the Equipment if complete or partial loss occurs, including fire and theft. Graffiti and/or markings of any nature to any part of the Equipment are NOT reasonable wear and tear and is damage for which The Customer is responsible for and will be billed for the removal of graffiti or replacement parts. The Customer agrees not to sell, rent, lease, or otherwise transfer possession of Equipment listed herein except to the BNPR. The Customer agrees not to cause Equipment listed herein to be removed from the job location without specific written permission of the BNPR. In the event such Equipment is moved without the consent of the BNPR, the Customer agrees to assume all responsibility for maintenance, service, replacement, and/or damage. The Customer expressly agrees to assume all risks and liabilities for the death of or injury to any person or property and for all other risks and liabilities arising from the use, condition, possession or storage of the leased Equipment and Customer will indemnify, defend, and hold harmless BNPR, its agents and employees for all claims, losses or damages, including reasonable attorney fees.
10. LIMIT OF LIABILITY: In no event shall the liability of BNPR related to this agreement exceed three hundred dollars ($300.00).
11. FORCE MAJEURE: BNPR shall not be liable for its failure to perform hereunder if performance is made impossible or impracticable due to any occurrence beyond its reasonable control, including but not limited to, labor shortages or strikes, riots, fires, accidents, governmental regulations or laws, natural disasters and acts of God.
12. PARTIAL IN VALIDITY: In the event any provision or portion of this agreement shall be declared void and of no force and effect, the remaining portions of the agreement shall be binding and remain in full force and effect.13. PRIOR AGREEMENTS: This agreement constitutes the entire agreement between the parties and hereby supersedes all prior and contemporaneous agreements and understandings, whether written or oral, between the parties hereto. At the time this agreement is executed, the commencement date of this agreement shall be at the termination date of any preexisting service providers’ agreement, without allowance of any renewals thereof.
14. THE CUSTOMER MUST CALL OR EMAIL OUR OFFICE TO TERMINATE THIS CONTRACT. If service is not terminated as requested, customer must indicate desired termination date in writing and return with the followings month's invoice. The customer is responsible for the full amount on any invoice not returned with a written request for termination.
Customer acknowledges and certifies that they understand the contents of this agreement. They have had a sufficient opportunity to ask for clarifications which are unclear in this agreement and have been satisfied by the response given to them by BNPR representative. By signing this agreement and/or payment towards any invoice, they agree to be bound by all the terms and conditions of the rental agreement herein as well as bound to the rules of the applicable state and federal laws.