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For the purposes of this Contract, the following terms are defined as set out below. Bins: shall mean those portable waste bins permitted for use by the Customer pursuant to this Agreement Environmental Laws: shall mean all federal, provincial and municipal statutes, regulations, by-laws, codes and guidelines governing the generation, storage, treatment, collection, handling, transport and/or disposal of any waste or recyclable materials, including laws related to spills and the protection of health and safety of persons and the natural environment.
Hazardous Substances: shall mean any substances designated by any Environmental Laws as a hazardous or dangerous waste, recyclable material or other substance, or a waste, recyclable material or other substance requiring special handling, treatment, transport and/or disposal. Permitted Bin Contents: shall mean only those materials identified as permitted bin contents under this Agreement.
Customer shall pay to RedBins Disposal o/o Fairlight Disposal Inc. within 10 days of receipt of invoice, all rental charges for the Bins and all other charges for the handling and disposal of Permitted Bin Contents. Customer acknowledges that due to variances in availability of transfer and disposal sites, fuel costs and disposal fees charged by third parties, charges for handling and disposal of Permitted Bin Contents may exceed the estimates provided in this Agreement.
Customer shall not alter the Bins in any way. Customer is responsible for the cleanliness and safekeeping of the Bins and shall not permit the Bins to be used for any purpose except the storage of Permitted Bin Contents from Customer pursuant to this Agreement.
Customer represents and warrants to RedBins Disposal that Customer will not cause or permit any liquids or liquid producing substances to be deposited in any bins at any time. In the event that RedBins Disposal reasonably determines that Customer caused or permitted any liquids or liquid producing substances to placed in any one or more of the bins, the Customer shall compensate – RedBins Disposal for any and all reasonable costs for any and all costs associated with the removal, handling, transport and disposal of such liquids and/or liquid producing substances.
Customer represents and warrants to RedBins Disposal that Customer will not cause or permit any Hazardous Substances or any other materials other than Permitted Bin Contents to be deposited in any bins at any time. In the event that RedBins Disposal reasonably determines that waste or materials placed by or on behalf of Customer into any bin included any Hazardous Substances or any materials other than Permitted Bin Contents, the Customer shall compensate RedBins Disposal for any and all reasonable costs for any and all costs associated with such unauthorized and/or Hazardous Substances including, but not limited to the removal, transport and disposal of such Hazardous Substances.
Customer represents and warrants to RedBins Disposal that Customer assumes full responsibility for any losses, costs or damages caused to the bins covered by this Agreement during such periods of time that the bins are at the Customer’s property. Customer will ensure that Bins will not be overfilled and that none of the Bin contents will be above the upper rim or edge of the Bin nor will such materials be placed in a manner that might interfere with the attachment of a tarp to ensure that no materials will fall or be blown out of the Bin during transport. Customer also is responsible for ensuring that only Permitted Waste from the Customer is placed in the bins.
Customer agrees to indemnify and save harmless RedBins Disposal, each of its officers, directors, employees and agents from and against all actions, suits, claims, executions and demands which may be brought against RedBins Disposal, or its officers, directors, employees or agents by reason of the Customer’s use or possession of the Bins, or by reason of any breach of this Agreement by Customer, including reasonable solicitor fees and any charges or fines imposed by any regulatory authority.
Customer warrants that the location designated by the Customer for the placement and collection of Bins is sufficient to bear the weight of RedBins Disposal’s vehicles and equipment. Customer assumes all responsibility to any potential damage that might be caused to buried structures such as septic beds, water and sewer lines and other subsurface facilities. Customer will be responsible and indemnify RedBins Disposal for any damages arising from lack of reasonable access and support of the Bins and RedBins Disposal’s vehicles and equipment to place, handle and remove the Bins from Customer’s premises, including but not limited to driveway and laneway damage. On the days designated under this Agreement for the collection of the Bins by RedBins Disposal, Redbins Disposal’s vehicles shall have clear access to the Bin. Customer shall be liable for any delays and costs incurred by RedBins Disposal due to any obstructions caused by any other vehicles, equipment or structures on Customer’s premises.
RedBins Disposal may refuse to remove any Bin or the contents of any Bin on Customer’s premises where RedBins Disposal has determined that the Bins contain any liquids, liquid producing substances or any Hazardous Substances and Customer shall bear full financial and legal responsibility for the generation, storage, handling, treatment transport and disposal of all liquids, liquid producing substances and Hazardous substances together with any Permitted Bin Contents contaminated by liquids, liquid producing substances or Hazardous Substances.
There is no warranty, representation or condition made or offered by RedBins Disposal or operating in favour of Customer with respect to this Agreement or the Bins or the removal of the Bins and contents or the disposition of the Bin contents, whether express or implied, collateral, or otherwise, including any with respect to fitness of the Bin. All statutory representations and warranties, are waived by Customer to the extent permitted by law.
In the event that RedBins Disposal has reason to believe that Customer has breached any term of this Agreement, RedBins Disposal may at any time thereafter terminate this Agreement, with or without notice to the Customer. Whether or not it has terminated this Agreement, RedBins Disposal may, in the event of a breach of this Agreement by Customer, demand immediate return of all Bins and shall be entitled to repossess the Bins by any method permitted by law. In exercising its rights, RedBins Disposal, its employees and/or agents, may use force to gain entry to any premises owned or controlled by the Customer where the Bin may be located without liability for damage caused or for trespass or for any other liability whatsoever. Customer shall be liable for all costs, expenses and damages of RedBins Disposal associated with Customer’s breach of this Agreement, including the costs of enforcement reasonable force. No termination of this Agreement as a result of Customer’s breach shall relieve Customer from any of its obligations relating to the care and use of the Bin or its contents, payment of rent and other charges therefore, including disposal fees, fines and indemnification of RedBins Disposal, nor shall RedBins Disposal’s election to terminate this Agreement or to repossess the Bins preclude RedBins Disposal from exercising any other remedy or remedies, including its right to claim and recover damages from Customer arising from breach of this Agreement.
Any amount not paid by Customer to RedBins Disposal when due pursuant to this Agreement, shall bear interest at the rate of two percent (2%) per month.
This Agreement may only be amended by a written instrument duly executed by both parties.
This Agreement contains the entire agreement between the parties relating to the Bins and any services to be provided by RedBins Disposal to the Customer. This Agreement will be interpreted and enforced in accordance with the laws of the Province of Ontario. In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such provision or provisions will be deemed to be deleted and the remainder of this Agreement will remain in full force and effect.
This Agreement may not be assigned by Customer without the prior written consent of RedBins Disposal.
No delay or omission by either party in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of them or the exercise of any other right or remedy.