Terms and Conditions

General Condition

This is legally binding agreement subject to the General Conditions specified below.

1. TERM. In consideration of the contractor commencing the services the customer agrees to employ the services of the contractor for a minimum three (3) year period, commencing on the date of signature and continuing for three (3) year after the service begins. The customer may terminate the agreement upon expiry of the minimum of three (3) year period by giving written notice to the contractor at least 60 days prior to the expiry of the three (3) year period failing which the agreement shall be renewed automatically for a further three (3) year term on the same terms and conditions. Except as provided aforesaid, prior to the expiry of the minimum three (3) year period the customer may terminate this agreement only on payment to the contractor, as liquidated damages, of a sum equal to six times the latest six (6) months invoice/ commodity rebate to the customer, or if the services have not been provided for a full six (6) months, then six times the latest monthly invoice or the latest commodity rebate. The contractor reserves the right to cancel this agreement due to customer’s non-payment and the above liquidated damages apply.
2. PAYMENT. The contractor will invoice the customer monthly for services provided pursuant to this agreement. Payment of the contractors invoice shall be made within 30 days of invoice date. The contractor may impose, at its option, a late payment fee on outstanding balances at the rate specified from time to time in the contractor’s invoices.
3. CHARGES. The charges described in the face of this agreement are those in effect as of the date of the agreement. The contractor shall be entitled to increase its charges annually in an amount equal to or greater than the increase in the consumer price index published by Statistics Canada for all items in the Province of Ontario in the previous twelve (12) month period, in which case the schedule of charges is deemed amended accordingly. The customer’s consent may be evidenced by the payment of the first invoice after of such the amendment.
4. CHANGES. Where a change in the services or equipment described in this agreement has been agreed upon orally by both customer and contractor, but not reduced to writing, then the actions and practice of the parties shall be confirmation of such agreement.
5. DISPOSAL AND FUEL COSTS INCREASES. The cost of the services provided for the customer is increased significantly by increases in the cost of fuel and the dumping fees charged by sanitary landfills and other disposal and transfer agencies. Therefore, the contractor may increase its per unit service charges in an amount equal to the proportionate increase in disposal or fuel cost increase and the schedule of charges is hereby amended accordingly.
6. ACCESS. It is the customer’s responsibility to ensure the contractor has clear, unimpeded and safe access to the equipment. The customer warrants that all driveways and parking areas, which from the right-of-way provided by the customer to the equipment from the most convenient public way are sufficient to bear the weight of the contractor’s equipment and vehicles and agrees to indemnify and save harmless the contractor from any damage or loss resulting from the contractor’s use of such right-of-way. The contractor shall not be responsible for any damage to private pavement, road surfaces or subsurfaces.
7. EXCUSED PERFORMANCE. Neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond its reasonable control, including, but not limited to, strikes, riots, fire and acts God.
8. CUSTOMER’S RESPONSIBILITY. The customer shall be responsible for the cleanliness and safekeeping of the equipment. The customer shall be liable to the contractor for loss or damage to the equipment in excess of reasonable wear and tear. No hazardous or toxic waste whatsoever shall be delivered or permitted to be delivered to the contractor.
9. INDEMNITY. The customer agrees to indemnify and save the contractor harmless from all claims, lawsuits, and damages, including legal costs, for personal injury or financial loss suffered by any party whatsoever, and howsoever caused, whether to any person, property or the environment, if caused or contributed to by the customer’s use of the equipment or breach of any term of this agreement.
10. ASSIGNMENT. This agreement shall be binding on the parties, their successors and assigns.