Terms & Conditions | Smash-It | Open Top Container Compaction Miami
2076
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Terms & Conditions

Terms of Service

Upon purchase of Smashing services, Purchaser claims authority to and hereby authorizes Smash-It Service to perform Smashing Operations on material in the open top dumpster located at the address(es) on file as requested. Waste materials will not contain any restricted materials including hazardous, toxic, or radioactive waste or substances as defined by applicable Federal, State and Local laws or regulations.

 

Purchaser understands only certain materials can be compacted and all other items will become obstructions. Your Smash-It Operator will do their best to compact material around obstructions without damaging personnel or equipment. In the event the operator deems the bin to have excessive obstructions, or restricted materials, Smashing Operations will cease, and the customer will remain liable for all charges associated with the Smash.

 

Routine Services requested before 6 am can be scheduled on the same day.

 

Urgent Services requested before 10 am can be scheduled for the same day. Smashes requested after 10 am will be prioritized for the next day before noon.

 

Smash-It Service will attempt to contact designated POC via phone, text, or email, to provide an estimated time of arrival. POC will ensure Smash-It Service has unrestricted access open top dumpster and is clear of any obstructions that could cause damage to personnel or equipment. If the Smash-It Operator cannot gain access to the dumpster, an attempt will be made to contact site POC to remedy the situation. If remedy cannot be made in a timely manner, Smash It Service reserves the right to continue with their daily operations, and customer will remain liable for charges associated with the Smash.

 

Smash-It Service agrees to repair at its cost and hold the customer harmless for any damage to contract haulers open top Bin/Bins proved to be caused by Smash-it LLC machinery or by Smash-It Service employee negligence.

 

Smash-It Service will abide by any applicable municipal requirements for roadway restrictions or hours of operation near residential neighborhoods. Inaccessible areas due to roadway restrictions will be cancelled and refunded.

 

Smash-It Service reserves the right to cancel and refund any scheduled service outside of its current service area.

 

 

Deferred Payment Programs:

TERMS: This agreement shall be in force month to month and automatically renew for successive terms of like duration unless either party gives written 30-day notice of cancellation by certified mail to the other.

 

SUSPENSION AND TERMINATION FOR CAUSE: If during the term of this agreement, either party shall be in breach of or default In any provision of this Agreement (default) the other party may suspend or terminate its performance hereunder until such delinquency has been corrected, provided that no termination shall be effective unless and until the complaining party has given written notice of Default to the other party and the other party has failed to cure such default within at least ten (10) days thereafter. In the event any such default remains uncured for a period of ten (10) days the complaining party may terminate this Agreement by giving the other party a written 30-day notice of such termination, such termination to become effective upon receipt of such notice.

 

CHANGES AND COST INCREASES: Operations and fuel costs are a significant portion of the cost of Smash-it Service provided hereunder therefore Smash-it Service may increase the Schedule of Service Charges proportionately to reflect any increase in such operations and fuel costs, or to reflect Increases in the Consumer Price Index. Increases in Smash-It Service cost due to Changes in local, state, or federal rules ordinances or regulations which result in increased taxes, fees or other governmental charges may be recovered by Smash-It Service from Customer as they occur. Change frequency and service type may result in a rate adjustment which will be made by mutual agreement of the parties. Such adjustment will not affect the validity of this Agreement which will continue in effect for the term provided herein. This Agreement shall not be affected by any changes in the Customer’s service Address, if such new address is located within Smash-It Service territory.

 

WASTE MATERIALS: Waste materials will not contain any hazardous, toxic or radioactive waste or substances as defined by applicable Federal, State and Local laws or regulations. Customer agrees to defend, indemnify and hold harmless Smash-It Service against all claims, damages, suits, penalties, and fines arising out of the breech of the warranties of this clause.

 

PROPERTY DAMAGE: Smash-It Service agrees to repair at its cost and hold the customer harmless for any damage to contract haulers open top Bin/Bins proved to be caused by Smash-it LLC machinery or by Smash-It Service employee negligence.

 

CHARGES AND PAYMENTS: Customer shall pay Smash-It Service for all services in accordance with use of the Deferred Payment Program. Payment shall be made by Customer within Five (5) business days from date of Invoice from Smash-It Service. In the event that any payment is not made when due, Smash-It Service may terminate this Agreement upon written notice to customer Smash-It Service reserves the right to impose a late fee for all past due payments. Such late fees are not to exceed the maximum rate allowed by law. On service day customer shall provide unobstructed access to the open top bin/bins. If the open top bin/bins are inaccessible so that the regularly scheduled service cannot be made, Smash-It Service may invoice a service charge equal to 100% of the per smash service as per occurrence and service of the obstructed bin will be canceled for that date and time.

 

ATTORNEY’S FEES: If this Agreement is breached, the breaching party shall pay all reasonable attorney’s fees, collection fees and cost of the other party resulting from any action brought to enforce this Agreement.

 

ASSIGNMENT: Neither party shall assign this Agreement without prior written consent of the other party, except that Smash-It Service may assign this Agreement to any corporation or entity affiliated with Smash-It Service without Customer’s consent.

EXCUSED PERFORMANCE: Neither party hereto shall be liable for its failure to perform or delay performance hereunder due to contingencies beyond its reasonable control, including, but not limited to strikes, riots, compliance with laws, governmental orders, fires and acts of God and such failure shall not constitute a Default under this Agreement.

 

MISCELLANEOUS: If any conflict subsists In the Agreement between terms which are printed and those which are typed or written, the typed and or written language shall govern. This Agreement shall be binding on the parties and their successors. The representations, warranties, guarantees and indemnifications contained herein shall survive the termination of this Agreement.

 

Privacy Policy

We do not share customer information.

 

Refund Policy

Refund requests can be processed if cancellation is requested 1 hour before driver is dispatched. In addition, if the customer is not 100% satisfied with the service a full refund will be issued to customers that inform us of their dissatisfaction within 3 business days of receiving the service.

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