Frequently Asked Questions about this program are
listed below. If you have further
questions, or seek further clarification, feel free to call our office.
Q: Am I protected against damage done by
fire, theft, or vandalism when I am not on the job?
A: Yes.
You are protected 24 hours a day, 7 days a week.
Q: Am I protected if a supplier,
subcontractor, or employee damages a unit?
A: Yes.
Q: Is there a deductible?
A: Yes.
You are protected against all damages over and above a $100.00 deductible per basic or two
compartment hand sink unit, per incidence.
The current replacement value of a basic unit or two compartment hand
sink portable unit is $850.00.
For luxury,
standard unit or wheelchair accessible restrooms, you are protected against all
damages over and above $250.00 deductible per unit, per incidence. The current replacement value of a standard
unit is $1,500.00 and luxury flush & wash unit is $2,000.00. Our wheelchair
accessible restroom replacement value is $2,800.00.
Q: With this deductible, will I be
responsible for minor graffiti, damaged vent screens, or broken seats?
A: No.
The deductible applies only to major structural damage, not incidental
“wear and tear” damages. However, without the damage waiver you will be
responsible for any vandalism or misuse of unit, excluding normal wear and
tear, and will be invoiced accordingly.
Q: What
if a unit is stolen from a job site?
A: After the deductible, you are fully
protected, if the following conditions are met:
a)
Customer has made every effort to provide a safe and secure
location.
b)
A police report has been filed and a copy is received in our
office within 14 days of loss.
Q: The big
question...How much does the damage waiver cost?
A: Only pennies a day. For basic, standard, luxury portable
restrooms and two compartment hand sinks, the cost is $11.00 per unit, per
billing period, for other equipment the cost is 1% of the equipment value per
billing period.
Q: Do we have to accept this program?
A: No.
You or your insurance company can accept responsibility for the damages
by signing the decline portion of the enclosed form and returning it to
us. You will then be bound by our
standard rental agreement.
Q: O. K., I like the way it sounds. How do I sign up?
A: Simply sign the accept portion of the enclosed form, and return it to us. Your coverage begins the day we receive it.
Damage
Waiver Program
Dear Customer,
All damage, injury or loss to Property is the
responsibility of the Customer.
If the Customer does not have an “all risk” type of
insurance covering the Property, Clean Earth will provide the following damage
waiver for our Customer’s benefit.
Clean Earth agrees in consideration for an additional
charge to modify the terms of the contract and relieve the customer of
liability for damage or loss as follows:
1.
Incidental losses will
be covered 100%.
2.
Major losses will be
covered 100% after the deduction of $100.00, for basic units and two
compartment sinks, or $250.00 for wheelchair accessible restrooms, standard and
luxury units; which may be waived at the option of Clean Earth, if the
following conditions are met:
A.
Customer has made every
effort to provide a safe and secure location.
B.
Police report has been
filed and a copy is received in our office within 14 days of loss.
This coverage is available only for our Customer’s
benefit. We will automatically provide
this coverage for you unless you decline it.
By signing either section below, I
acknowledge that I have read and understand the agreement.
_____ Yes, Please provide the damage waiver coverage so that I
will not be liable for the damage to the portable restroom at a cost of $
_______________ per unit, per 28 day billing cycle/special event.
Responsible Party: ____________________________________ Date:
_____________________
Signature: ___________________________________ Title:
__________________________________
_____ No, I do not need
the damage waiver coverage. I take full
responsibility for damage, destruction or theft of the portable restroom unit.
Responsible Party: ____________________________________ Date: _____________________
Signature: ___________________________________ Title:
___________________________________
Insurance Co: ________________________________________ Policy # ________________________
NOTE: This form must be returned
within 14 days of receipt.
Please mail or fax to: 5189 King Highway Kalamazoo, MI 49048
TERMS
1.
CONTRACTOR’S OBLICATIONS.
The contractor shall:
(a)
Supply the sanitation units and provide the type of service
plan agreed upon. The delivery dates
are approximate and the Contractor shall have no liability for any failure or
delay in making delivery or for failure to give notice of any such failure or
delay.
(b)
Provide such other additional units, servicing, and
recharging as requested by the Customer at Contractor’s customary rates.
(c)
Maintain sanitation units in good working order under
ordinary use. Contractor shall not be
responsible for failure to render such maintenance due to causes beyond the
reasonable control of Contractor.
(d)
Schedule recharging and servicing as requested by Customer
within Contractor’s customary charge.
2.
CUSTOMER’S OBLIGATIONS.
Customer shall:
(a)
Pay amounts due as indicated on the front thereof, and all
subsequent amounts due, not later than 10 days after the 4-week service period
or as indicated on monthly invoices, whichever time is greater. All charges are payable in full with no
privilege to pay in installments.
(b)
Retain absolute and sole control, possession, and custody of
the sanitation units and return such units to Contractor at the end of the
service period.
(c)
Make no alterations in or attachments to the units without
the Contractor’s permission in writing.
(d)
Make no use of the units for other than sanitation purposes.
(e)
Keep units free and clear of all levies, liens, and
encumbrances, and pay all governmental changes and taxes applicable to this
agreement, except state and federal income taxes.
(f)
Make the units available or accessible for servicing or
maintenance at ground level during normal working hours without hazard to
Contractor, its agents, employees or equipment. If Contractor is unable to service units due to Customer’s
failure to make them accessible, Contractor is not responsible for any damages
that accrue there from. Customer will
be charged for a service call, and will be charged for any additional service
call made necessary by his failure.
(g)
Notify the Contractor immediately and discontinue use of the
units if the units become unsafe or in disrepair for any reason. Contractor is not responsible for any
incidental or consequential damages caused by delays or otherwise.
3.
HOLD HARMLESS:
Customer
agrees to assume the risks of and hold Contractor harmless for property damage
and personal injuries caused by the units and/or arising out of Contractor’s
negligence.
4.
INDEMNITY:
Customer agrees to indemnify and reimburse
Contractor for all liabilities to Customer, his agents or third parties,
arising out of the use of the units or a breach of this contract by the Customer,
including those arising from Contractor’s negligence.
5.
DURATION:
The service contract is for 4 weeks service
only. No pro-rates adjustment is made
for partial use. Unless agreed upon in
writing the minimum billing period is 4 weeks.
6.
WARRANTIES:
THERE ARE
NO WARRANTIES OR MERCHANTABILITY, OR FITNESS, EITHER EXPRESSED OR IMPLIED. There is no warranty that the units are
suited for Customer’s use, or that they are free from defects.
7.
DEFAULT:
If the
Customer fails to pay any service payment or other charge due, perform any o
fits other obligations, Contractor, without notice shall have the right to
terminate the agreement immediately, to take possession of any or all its
property without any legal process, to enter Customer’s premises to take such possession,
or pursue any other remedy at law or equity.
All such remedies shall be cumulative and may be exercised concurrently.
8.
LATE PAYMENT:
Should the
customer fail to pay any amount within ten (10) days after its due date, a late
charge of 1 ˝ % PER 28 DAY BILLING PERIOD will be charged on all such overdue
accounts.
9.
COLLECTION COSTS:
Customer
Agrees to pay all reasonable collection, attorney’s and court fees and other
expenses involved in the collection of the charges of enforcement of
Contractor’s rights under this contract.
10.
DAMAGED OR LOST UNITS:
Customer
agrees to pay for any damage or loss of the goods, as an insurer regardless of
the cause, except reasonable wear and tear while units are out of the
possession of the contractor. The cost
of the repairs will be borne by the customer, whether performed by the
Contractor or at Contractors option, by others. Units damaged beyond repair will be paid for at their replacement
cost. Customer agrees to accept
Contractors decision as to whether damage is repairable.
11.
DAMAGE WAIVER:
(a)
Unless Customer hereof declines damage waiver provision,
Clean Earth agrees, in consideration of additional charge as shown above, to
modify the responsibilities of the Customer treated in Paragraph 10 (Damage or Lost
Units) regarding units damaged, destroyed, lost or stolen while in Customer’s
possession or control. Unless the
damage waiver provision is declined, Customer is not responsible for damage to,
destruction of, or theft of units except as follows: (I) damage due to
Customers neglect or misuse, (ii) loss, (iii) mysterious or unexplained
disappearances, (iv) theft by persons entrusted with a unit.
(b)
The Customers responsible for the first $ 100.00 per basic
unit or sink unit per occurrence and $250.00 per handicap luxury, wheelchair
accessible, ADA unit per occurrence.
This applies in the case of damage or theft and is the responsibility of
Customer under the terms of the damage waiver.
(c)
In order for this damage waiver to be effective and as a
condition thereto, Customer agrees he/she shall report to Clean Earth within 14
days of the date of loss or damage.
(d)
Not withstanding the foregoing, Customer agrees that this
damage waiver provision shall not relieve Customer of its obligation to obtain
and maintain public liability insurance.
12.
NONWAIVER:
No
provision of this contract can be waived except by the written consent of the
Contractor. Failure by Contractor to
enforce any provision shall not constitute a waiver of the provision. Acceptance of the returned goods shall not
waive any claims by the Contractor against Customer.
13.
ASSIGNMENT:
A purported assignment of this
contract by the customer shall be void
14.
SEVERABILITY:
The
provisions of this agreement shall be serviceable so that the invalidity,
unenforceability, or waive of any of the provisions shall not affect the
remaining provisions.
15.
INSPECTION:
Customer
acknowledges that he/she has had an opportunity personally to inspect the
sanitation units, and finds them suitable for his/her needs and in good
condition, and that he/she understands their proper use. Customer further acknowledges his duty to
inspect the units prior to use and notify Contractor of any defects.
16.
GOVERNING LAW:
This
agreement shall be governed in all respects by the laws of the State of Michigan
Date___________________ Initials
_____________________