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Terms and Conditions

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Rules and Restrictions:

By placing an order with us, you (the “Customer”) agree to the full terms and conditions stated herein (this “Agreement”). This Agreement supersedes any inconsistent terms of any purchase order or other Customer agreement and/or documents.

 

Delivery, Pickup, and Service:

Every effort will be made to deliver and pick up within 48 hours of the day of request, Monday through Friday. However, due to inclement weather, traffic conditions or mechanical breakdowns, delivery times or dates could vary. We highly recommend that you request toilets 48-72 hours in advance.

Please note that we do not have specific pickup or delivery times, only scheduled days. For weekend pick-up/delivery, an additional fee will be added. Should we arrive and have no placement instructions, be unable to reach you and not be able to deliver the unit, you will be subjected to a delivery fee.

All special event orders that fall on a weekend will be delivered on Thursday/Friday and picked up on Monday/Tuesday unless other arrangements are made.

We offer servicing as an option on all portable restrooms. If Customer orders servicing, we will remove any domestic septic waste (“DSW”) from portable restrooms on the agreed scheduled service day(s). We will not remove any waste other than DSW from portable restrooms, and we shall in no way be responsible for the same.

For delivery, service, and pick-up Customer shall provide us with timely, sufficient, and unobstructed access to our deliver, service and pick-up our equipment, including extended hours or after business hours access, as necessary to perform our obligations. Our pricing to you per this Agreement is based upon easy access to the Customer’s location/site, firm and level ground and a dry location.

 

Equipment Responsibility and Care:

We will deliver the equipment to the site and location selected by Customer. Customer represents and warrants to us that it is solely responsible for and has exercised due diligence and care in selecting a safe location at the site for placement of any equipment and further agrees to direct and supervise the equipment’s placement. Title of all equipment remains with us. Customer shall not modify or move the equipment from the specific location at a site or within the site absent our express written approval; If Customer moves equipment from or within the site without our written consent, Customer immediately assumes all responsibility and liability for all losses and costs incurred by us and any third parties with respect to such equipment, including, direct and indirect damages, losses and claims and Customer shall hold us harmless form the same and fully indemnify us for any such claims, losses, and liability related to the same.

Customer warrants and represents it is familiar with the safe and proper use of the equipment. Customer shall not sell, rent, lease or otherwise lose possession of the equipment, nor shall Customer permit any lien to be placed on the equipment. Customer acknowledges that we have no control over the use of the equipment by Customer, and Customer agrees to comply, at Customer’s sole expense, with all applicable governmental and quasi- governmental laws and guidelines related to the use and holding of the equipment. Customer further agrees to (i) obtain and comply with all applicable governmental and quasi-governmental licenses, permits, registrations, permissions, and other approvals (“Permits”) applicable to the equipment (including, but not limited to, Permits allowing the delivery and placement of the equipment at the Site); and (ii) comply with all applicable Permits applicable to the equipment.

Any equipment furnished by us shall remain our property. Customer acknowledges that it has care, custody, and control of our equipment while at the Customer’s location/site and Customer hereby accepts responsibility for any loss or damage to the equipment (except for normal wear and tear or for loss or damage resulting from our handling of the equipment). Customers agree not to overload (by weight or volume), move, or alter the equipment, and to use the equipment only for its proper and intended purpose. Customer agrees to be held responsible for all claims, damages, suits, penalties, fines and liabilities for injury or death to persons, loss or damage to property arising out of Customer’s use, operation, or possession of the equipment and agreed to hold us fully harmless from the same and shall indemnify us from any and all claims made against us as direct or indirect result of any claims, damages, suits, penalties, fines and liabilities for injury or death to persons, loss or damage to property arising out of Customer’s use, operation, or possession of the equipment.

Customer represents and warrants that it has chosen the type of equipment, the number of equipment units, the type of service and the frequency of service based on the exercise of its own due diligence and care in assessing its own needs and is not relying on any information provided by us in making any such choices.

Customer represents and warrants that any waste material to be collected in the equipment or disposed of by us as part of the service we provide does not and will not include any radioactive, volatile, biohazardous (excluding noninfectious DSW), flammable, explosive, special waste, or hazardous materials (including but not limited to asbestos, petroleum, paints and any substance identified by a governmental agency as being hazardous or toxic) or their equivalent (collectively, “Hazardous Materials”). At all times, Customer shall hold all title to and liability for all waste material. We will not remove tires, Hazardous Materials, or appliances from dumpsters (collectively, “Prohibited Waste”). Customer will be responsible for all removal, cleanup, remediation, fines, penalties, and other costs arising from or relating to the presence of Prohibited Waste attributable to Customer’s possession of the equipment. Customer will be responsible for all fines or penalties on overweight mattresses or other bulky items found in dumpsters may result in additional fees. If Prohibited Waste is found in or around the equipment, customer shall arrange and pay for separate removal, disposal and remediation of such waste and equipment. Customer shall be responsible for all accrued charges and continuing charges for rental of the equipment until such Prohibited Waste is removed and the equipment is remediated and is once again usable by us for its intended purpose.

 

Liability and Indemnification:

Customer agrees to defend, indemnify and hold harmless us to the maximum extent permitted by law against and for all claims, lawsuits, damages, expenses, penalties, fines, and other losses arising out of any of (a) the rental, delivery, condition, possession, maintenance, use or operation of equipment delivered to or rented by Customer, including but not limited to any claims that might be brought against only us by an employee of Customer, or an invitee of the Customer, (b) Hazardous Materials and waste material collected in the equipment or disposed of by us, or (c) any damage to underground pipes, sewers, wires, conduits or utilities resulting from Customer’s actions or inactions. Customer’s indemnity and defense obligations apply to the maximum extent permitted by law to all injuries, damages and losses regardless of whether same are caused, or are alleged to have been caused, in whole or in part by us, Customer’s, or a third party’s acts or omissions, except that Customer will have no obligation to indemnify or defend us to the extent the injury, damage, or loss was actually caused by our sole gross negligence or willful misconduct. Customer expressly agrees and will cause its insurer to accept a tender by us to Customer of any claim arising out of the rental, delivery, condition, possession, maintenance, use or operation of the equipment.

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, ALL EQUIPMENT IS PROVIDED TO CUSTOMER “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS,” AND THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION OR PERFORMANCE OF THE EQUIPMENT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

Pricing for unit replacement:

Should a unit become damaged beyond repair while on a Customer’s site, the Customer assumes full responsibility for the replacement of the unit. Example pricing: Standard – $815, Handwashing station $670, ADA – $1600, Flushable $1400, Hand Sanitizer Dispenser $15. Please note these prices are subject to change based on the current replacement cost at the time of the incident.

 

Charges and Payment:

New Customers: All new Customers will be subject to our credit approval process and each customer’s payment terms will be determined based on the outcome of the same.

Payment Terms: Customer payment terms shall be determined after the Customer credit review process has been completed and credit terms are approved. Failure to pay in a timely manner could result in a suspension of your service or collections. We reserve the right to charge the card on file should the account go past due.

Recurring Service Orders: Your rental consists of the selected unit(s) and service once per week to include all internal supplies for a four-week period. If you are dissatisfied with your service, you must notify us within 24 hours so any needed adjustments can be made.

Paying for your unit(s) – We run on a 28-day bill cycle that begins on the date of delivery of the first piece of equipment. Our rates are flat, and we do not pro-rate.

Special Events: Full payment is required to secure your order reservation. Unit and equipment availability is guaranteed only upon receipt of full payment.

Changes and/or Cancellations: In the event of a change to a previously accepted order, the Customer assumes all charges and expenses associated with changing the order. All changes will need to be submitted in writing. Cancellations made on the scheduled delivery date may result in no refunds. This will not negate the refund policy.

Special Event Orders: All orders cancelled no less than two weeks prior to scheduled delivery will be charged a $50 cancellation fee per unit or piece of equipment. Any order(s) cancelled within the week leading up to the event delivery will forfeit 50% of the total invoice.

Access: Customers agree to provide unobstructed access to the equipment on the scheduled service day. If the equipment is inaccessible so that the scheduled service cannot be made, we will promptly notify the Customer and afford the Customer a reasonable opportunity to provide the access needed for service. If the unit is still inaccessible, our driver will be prompted to leave, and no refund will be made. All units must be within 30 feet of a stable hard surface.

Restricted/secured site: we need at least 3-5 business days to accommodate any special paperwork or access restrictions for your site. Additional fees may apply for different levels of security. Administrative or delivery fees may be applied. All fees will be at our discretion on a case-by-case basis depending on the level of security.

It is solely the responsibility of the Customer to adhere to any restrictions by the County, Park, HOA, etc. We are not responsible for any additional fees or permits required for placement of units and/or equipment.

 

Disclaimer

  • Holidays: We do not provide service on federal or federally observed holidays. In the event your rental is scheduled for service on a holiday, you can expect service the following week on your normal service day.
  • Ground Conditions: It is the Customer’s responsibility to make us aware of any underground utilities which might be affected by taking delivery of the potty. Again, placement must be within 30 feet of a hard surface. Should a customer request us to drive in a soft area (grass, dirt etc.) the Customer assumes responsibility for any land damage.
  • Acts of God: We are not responsible for service during extreme weather and/or acts of God. If a unit is tipped over, we may have to reroute the driver off route and provide service. This service will have an additional fee.
  • Delivery Cancellations (not Special Events): Cancellations must be made no later than 2:00pm the day prior to your scheduled delivery. Anything after 2:00pm will be considered a same-day cancellation and be subjected to a fee.
  • Refunds: All refunds, compensation, and/or credit requests must occur within 30 days of service completion. Any refunds issued will be at our sole discretion.

Termination: We may terminate this Agreement and any open order or contracts with Customer and immediately remove the equipment if (i) Customer fails to pay any amount when due, (ii) Customer breaches this Agreement and any related agreements and/or contracts with Customer, (iii) there is a loss of or damage to the equipment, (iv) a lien is placed, or is proposed to be placed, on any equipment, (v) a proceeding in bankruptcy or for other protection from creditors is commenced by or against Customer, or (vi) at our convenience. We shall not be responsible for losses due to removal of equipment pursuant to this paragraph.

Governing Law; Non-Waiver: This Agreement is governed by the laws of the state where the site of the applicable equipment is located, without giving effect to principles of conflicts of laws. Each party submits to the jurisdiction of any state or federal court sitting in such state in any action or proceeding arising out of or relating to this Agreement. No failure by us to exercise any right hereunder shall operate as a waiver of any other right hereunder, and a waiver of any right on one occasion shall not constitute a waiver of any such right on any future occasion. All modifications to this Agreement must be in a writing signed by both parties.

Errors & Omissions: We reserve the right to correct any erroneous information that may appear in an invoice including, without limitation, Customer’s name or address, pricing, and/or billing information.

By placing an order with us, you agree to the terms and conditions set forth in this Agreement and thereby subject to and bound by the terms of this Agreement.