Terms and Conditions:
Disposal Terms & Conditions
CUSTOMER, BY ACCEPTING THE DISPOSAL & SERVICES FROM BAVARIAN, CERTIFIES AND AGREES TO EACH OF THE FOLLOWING:
Acceptability and Integrity of Waste.
I hereby certify that the material listed on this document is what is being/has been delivered and that the waste does not contain any free liquids except as specified on manifest; that the waste is not a listed or characteristically hazardous waste as defined in 401 KAR 31:030 or 40 CFR 260,261; that the waste is not regulated under 40 CFR 700 – 766 (Toxic Substances Control Act) TSCA; that the waste is not regulated under 40 CFR 150 – 180 (Federal Insecticide, Fungicide, and Rodenticide Act) FIFRA; and that the waste does not contain CFCs or Freon.
Customer warrants that there are no hazardous wastes; unidentified closed drums; free liquids, except as specified on manifest; flammables with a flash point below 140 degrees Fahrenheit; explosive; reactive; radioactive; toxic; or medical wastes contained in the material.
Agreement to Pay and Abide by Terms.
Customer agrees to pay Bavarian all charges associated with the disposal or services that are reflected on this document. In the event Customer fails to pay for such disposal or services, or otherwise breaches any terms warranted on this document or, if applicable, those contained in an other agreement with Bavarian, Bavarian shall recover all costs and reasonable attorney fees incurred or expended to collect the amounts due or to enforce any terms or to recover damages resulting from a breach thereof.
If Customer fails to pay the amounts charged for disposal or services when due (unless credit is established with Bavarian by separate agreement, payment is due immediately), Bavarian may impose, and Customer agrees to pay, a late fee not to exceed the maximum rate allowed by applicable law for all past due payments.
Consent to Service.
As a consequence of utilizing a Kentucky municipal solid waste facility, Customer irrevocably agrees to submit to the jurisdiction of the Courts of the Commonwealth of Kentucky and waives any objection and all other challenges to service of process, whether subpoena or summons, upon Customer by the delivery of process to Customer’s address or by any other manner authorized by law. This Consent is limited to civil or criminal actions arising out of or related to the waste transported to Bavarian.
Venue and Governing Law.
The Customer agrees that any action or lawsuit arising out of the disposal or services hereof will be governed by and construed in accordance with the substantive laws of the Commonwealth of Kentucky. Customer further agrees that any such action or lawsuit may be tried in the County of Boone, Kentucky and consents to jurisdiction of Court in Boone County, Kentucky regarding any such lawsuit or action.
Dump at Own Risk.
Customer shall be liable for and shall indemnify, defend, and hold Bavarian, its officers and directors, and other employees, harmless against any claim, loss, or damage, including reasonable attorneys’ fees, arising from the willful misconduct or gross negligence of Customer for personal injury or death, or damage to Bavarian’s personal or real property. Customer shall not make any claims against Bavarian for any injuries to Customer, their employees, or other passengers, either for personal injury, including death, or for injury to property of any nature, unless such loss is the result of Bavarian’s gross negligence or willful misconduct. Customer agrees to dump at their own risk.
Terms & Conditions
CUSTOMER, by accepting service or by making payment, AGREES TO THE FOLLOWING:
1.Customer shall adhere to all applicable federal, state and local laws, as well as Bavarian’s policy and/or requirements regarding the disposal of acceptable wastes. With respect to the disposal of special or industrial wastes, such waste shall only be approved for disposal in accordance with Bavarian’s environmental review procedures. Customer shall initiate review by appropriate Bavarian personnel by its submittal of a completed waste stream application form along with all analyses and MSDS requested by the person(s) performing the review for BAVARIAN. Additionally, all “special” wastes sent after approval must be the same as that represented in the application and will be certified to be such by manifesting or other arrangements acceptable by applicable law and Bavarian policy. Any changes in the waste process, content or integrity must be resubmitted for approval.
2.Customer understands, under penalty of Law, that all hazardous waste, unidentified closed drums, free liquids, flammables with a flash point below 140 degrees Fahrenheit, explosive, reactive, radioactive, toxic and medical wastes etc. are POSITIVELY PROHIBITED.
3.Customer acknowledges that this invoice constitutes a confirmation of agreement between customer and Bavarian executed by express assent of the parties or by Bavarian’s acceptance and performance of Customer’s verbal or written offer. In the event of a breach in any of the terms of such Agreement by the Customer, or by default in payment on the part of the Customer, Bavarian shall be entitled to recover all collection costs and reasonable attorney fees incurred or expended to collect the amount due pursuant to the agreement as well as to enforce any of the provisions of this agreement or to recover damages resulting from a breach hereof.
4.Upon the occurrence and continuation of any Bankruptcy of Customer, Bavarian may in its discretion terminate this agreement without penalty or damage.
5.The Customer agrees to make payment to Bavarian within thirty (30) days of receipt of a Bavarian invoice or statement. If a customer default is not remedied within 10 days, Bavarian may terminate this customer’s account(s) immediately. Additionally, Bavarian may impose at its discretion, and Customer agrees to pay, a late fee not to exceed the maximum rate allowed by applicable law. Bavarian may also, at its discretion remove its equipment from premises of Customer with or without advance notice.
6.In the event that federal, state or local laws, actions, regulations or ordinances cause additional taxes, surcharges and/or fees to be added to those in effect throughout the duration of this agreement; said addition and/or increase shall be passed on to Customer, including the imposition of fuel surcharges as determined by the Energy Information Administration and Bavarian fee schedules.
7.Customer consents to Bavarian’s use of any and all driveways, lots and means of access owned by customer and agrees to hold Bavarian harmless for any property damage beyond the curb line due to placement or servicing of container or removal of waste. Customer acknowledges that Bavarian shall not be liable for any damage done to pavement or driving surfaces resulting from Bavarian’s trucks performing normal service of an agreed upon area. However, Bavarian will be liable for any damage done to Customer’s property due to unreasonable failure of Bavarian’s equipment, or that due to negligence on the part of Bavarian’s employees.
8.”No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.
9.Customer consents to jurisdiction of Court in Boone County, Kentucky.