LOADING GUIDELINES AND TERMS AND CONDITIONS of the DISPOSAL SERVICES AND TRANSPORTATION
CUSTOMER ACKNOWLEDGES THE BELOW LOADING GUIDELINES AND TERMS AND CONDITIONS
Non Acceptable Wastes and/or Wastes with Surcharges:
- Level loads only – loads should not exceed height of bin walls. Overloaded bins may incur an additional removal fee.
- No asbestos or asbestos containing materials (such as drywall)
- No silica dust
- No hazardous waste as outlined and defined by the Province of British Columbia and further outlined on their website.
- No medical waste
- No paints/solvents/flammable liquids
- No ballast with PCB
- No animal or animal by-product waste
- No propane tanks
- No car batteries or car bodies
- No paint (partial or full paint cans)
- No appliances containing Freon
- Electronics, tires, insulation, or mattresses – All subject to a per unit ban fee imposed by Metro Vancouver or the applicable disposal facility plus a handling charge.
- Loads containing more than 5% of – Clean Wood or 5% Cardboard or 5% Leaf and Yard Waste or 5% Food Waste are subject to a 50% landfill surcharge, a per unit ban fee, and/or a clean up fee by Metro Vancouver.
1) SERVICES RENDERED – Canada Minibins.com Ltd. (Minibins) agrees to furnish the solid and recyclable waste transportation, collection, disposal services (the Disposal Services) and the Customer agrees to make the payments, all as provided for herein and abide by the terms and conditions of this Agreement.
2) TERM – This Agreement is for a term commencing on the date digitally signed hereof and continuing until customer ends the disposal service. The Customer and Minibins agree that at any time during the Term they may renegotiate any part of this Service Agreement, even if the effect of such renegotiation is to extend the Term.
3) WASTE MATERIAL – The waste material to be collected and disposed of by Minibins pursuant to this Agreement is solid waste and recyclable waste generated by Customer excluding radioactive, volatile, corrosive, highly flammable, explosive, bio-medical, infectious, toxic, or hazardous material (Waste Material). The term hazardous material shall include, but not be limited to, any waste (regardless of amount) listed or characterized as hazardous by any Federal or Provincial law. Minibins shall acquire title to the Waste Material when it is loaded into Minibins’s trucks. Title and liability for any waste excluded above (and listed as non-acceptable wastes and/or waste with surcharges under these terms and conditions) shall remain with Customer and Customer expressly agrees to defend, indemnify, and hold harmless Minibins from and against any and all damages, penalties, fines, and liabilities resulting from or arising out of such waste excluded above.
4) PAYMENTS – Customer shall pay Minibins for the disposal services furnished by Minibins in accordance with the charges and rates agreed to when ordering the Service and/or issuing a deposit, plus all taxes, fees, and other charges imposed by Federal, Provincial, or local laws and regulations upon the collection, transportation, or disposal of Customer’s Waste Materials. Payment shall be made by Customer in advance of service and the customer authorizes Minibins to take a deposit and/or final charges for the services on the credit card supplied to Minibins. Minibins may impose and Customer agrees to pay a late fee for all past due payments provided such late fee shall not exceed the maximum rate allowed by applicable law. Where disposal is to be billed separately and the disposal rate is not shown, the amount billed by Minibins shall be the posted gate rate for disposal at the disposal facility utilized by Minibins, plus any applicable surcharges, or ban material charges for each load, plus a handling charge.
5) RATE ADJUSTMENTS – Minibins reserves the right to adjust the rates hereunder based upon increases in fuel costs, disposal facility costs, landfill costs, transportation costs due to a change in the location of disposal facilities, changes in the composition of Customer’s Waste Materials, changes in commodity pricing and costs of environmental or other regulatory compliance. The Customer agrees that Minibins shall have the right to immediately adjust the rates hereunder if the Customer has banned materials in the waste stream as outlined by Metro Vancouver’s Solid Waste Bylaw, the Fraser Valley Regional Districts Solid Waste Bylaw, or whichever governing authority sets bylaws for the Customer’s location and is in place at the time of the violation. After 7 calendar days of the Customer having a roll off dumpster at the location of the Customer’s request, the customer agrees to pay an additional $15.00 per day as bin rental, until the bin is removed from the location.
6) LIABILITY FOR EQUIPMENT – Customer acknowledges that, except when it is being physically handled by employees of Minibins, it has the care, custody, and control of equipment owned by Minibins and accepts responsibility and liability for the equipment and its contents, including loss, damage, or unauthorized removal of the equipment from the Customer’s premises. Customer will not move or remove or authorize a third party to move or remove or alter Minibins’ equipment, without the prior written consent of Minibins. At the termination of this Agreement, Customer will make the equipment available for pick up by Minibins in the condition in which it was provided, normal wear and tear excepted. Customer is reponsible for arranging and the costs associated for any street use permits.
7) DAMAGE TO PAVEMENT– Customer acknowledges that Minibins shall not be liable for any damage to pavement, curbing, or driving surfaces resulting from its providing the Disposal Services.
8) INDEMNITY – Customer agrees to indemnify, defend, and hold Minibins harmless from and against any and all claims, losses, damages, causes of action (including reasonable attorney fees) which Minibins may be responsible for or pay out as a result of bodily injury (including death), property damage, or any violation or alleged violation of law to the extent it is caused by (i) Customer’s breach of this Agreement or (ii) by any negligent act, negligent omission or willful misconduct of Customer or its employees, agents, or contractors or (iii) Customer’s use, operation, or possession of any equipment furnished by Minibins. Minibins agrees to indemnify, defend, and hold Customer harmless from and against any and all claims, losses, damages, causes of action (including reasonable attorney fees) which Customer may be responsible for or pay out as a result of bodily injury (including death), property damage, or violation or alleged violation of law to the extent it is caused by Minibins’ breach of this Agreement or by a negligent act, negligent omission or willful misconduct of or by its employees, agents, or contractors.
9) FORCE MAJEURE – Neither party hereto shall be liable for its failure to perform or a delay in performance hereunder due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, fires, and Acts of God.
10) ASSIGNMENT – Customer may not assign this Agreement without the prior written consent of Minibins. Minibins may assign this agreement, without the Customer’s consent.
11) GENERAL PROVISIONS – The Customer agrees to keep the waste storage site and its surroundings clean, including the removal of snow and ice, not to overload the containers (by weight or volume) and to pick up all waste that could fall when the containers are handled by Minibins. Containers and waste shall be accessible to Minibins vehicles at all times; otherwise, waste will not be collected but services may still be invoiced for. Minibins reserves the right to charge the Customer an extra pick up fee for any additional collection service required due to the Customer’s failure to provide such access or for overloaded containers. In the event the Customer fails to pay the money owed according to this Agreement, Minibins may suspend services. If service is suspended for more than Fifteen (15) days the Customer may, at Minibins’ option, be considered to have terminated this Agreement and Minibins may recover any equipment on the Customer’s premises and all disposal service deposits will be forfeited. This Agreement represents the entire understanding and agreement between the parties hereto and supersedes all prior agreements (if any), whether written or oral, between the parties. If any conflicts exist in this agreement between the terms which are printed and those which are handwritten, the handwritten language shall govern. The indemnification provisions contained herein shall survive the termination of this agreement.
12) BINDING EFFECT – This Agreement is a contract legally binding on Minibins and Customer and their respective heirs, agents, successors and assigns, in accordance with the terms and conditions set out herein. This Agreement shall remain in effect notwithstanding the illegality or nullity of one or more of its articles or part of an article.
