Last Updated: September 16th, 2024

1. INTERPRETATION

For the purposes of this Agreement, the following terms are defined:

• "Bins" refer to portable waste containers provided by Task Force Transport & Logistics for the Customer's use.

• "Environmental Laws" encompass all applicable federal, provincial, and municipal statutes, regulations, by-laws, codes, and guidelines related to the generation, storage, treatment, collection, handling, transportation, and/or disposal of waste and recyclable materials, including regulations concerning spills and environmental protection.

• "Hazardous Substances" refer to materials classified by Environmental Laws as hazardous or dangerous waste, recyclable materials, or any materials requiring special handling, treatment, transport, and/or disposal.

• "Permitted Bin Contents" refers to materials expressly approved for disposal in the Bins as specified under this Agreement.

2. PAYMENTS

The Customer agrees to remit payment for all Bin rental charges and related services, including disposal of Permitted Bin Contents, within 10 days of receipt of the invoice. The Customer acknowledges that fees for handling and disposal of Permitted Bin Contents may vary from estimates due to changes in third-party costs, including fuel surcharges, transfer site availability, and disposal fees.

3. PROTECTION FROM DAMAGE AND ABUSE

The Customer agrees not to alter the Bins in any way. The Customer is responsible for ensuring that the Bins are used only for storing Permitted Bin Contents and that the Bins remain clean and undamaged while in their possession.

4. PROHIBITION ON LIQUIDS AND LIQUID-PRODUCING SUBSTANCES

The Customer warrants that no liquids or liquid-producing substances will be placed in the Bins. Should Task Force Transport & Logistics discover such materials, the Customer agrees to reimburse all costs associated with their removal, handling, transport, and disposal.

5. PROHIBITION ON HAZARDOUS SUBSTANCES

The Customer guarantees that no Hazardous Substances, or any materials other than Permitted Bin Contents, will be placed in the Bins. If such substances are discovered, the Customer will bear all associated costs for removal, transportation, and disposal of these unauthorized materials.

6. CUSTOMER RESPONSIBILITY FOR BIN AND CONTENTS

The Customer assumes full responsibility for the Bin and its contents while on their property. Overfilling the Bin or placing materials beyond the upper rim or in a manner that prevents proper tarp attachment is prohibited. The Customer is also responsible for ensuring that only their Permitted Waste is disposed of in the Bins.

7. INDEMNIFICATION AND HOLD HARMLESS

The Customer agrees to indemnify and hold harmless Task Force Transport & Logistics, its officers, directors, employees, and agents, from any claims, actions, or demands arising from the Customer’s use of the Bins, including breaches of this Agreement. This includes legal fees and any penalties imposed by regulatory bodies.

8. ACCESS TO CUSTOMER’S PREMISES

The Customer guarantees that the designated area for Bin placement and collection can support the weight of Task Force Transport & Logistics' vehicles and equipment. The Customer is responsible for any damage to buried structures and agrees to indemnify Task Force Transport & Logistics for damages due to inadequate access or support. Additionally, the Customer must ensure unobstructed access to the Bin on collection days and is responsible for any delays or costs incurred due to obstructions.

9. TASK FORCE TRANSPORT & LOGISTICS' RIGHT OF REFUSAL

Task Force Transport & Logistics reserves the right to refuse Bin removal if it contains liquids, liquid-producing substances, or Hazardous Substances. The Customer will be solely responsible for all related legal and financial obligations, including costs for removal, handling, transport, and disposal of such materials.

10. NO IMPLIED WARRANTY

Task Force Transport & Logistics makes no warranties, express or implied, regarding the Bins, their removal, or the disposal of their contents. The Customer waives any statutory warranties, to the extent permitted by law, concerning the fitness or suitability of the Bins.

11. BREACH OF AGREEMENT

In the event of a breach of this Agreement by the Customer, Task Force Transport & Logistics reserves the right to terminate the Agreement and demand the immediate return of the Bins. Task Force Transport & Logistics may repossess the Bins without notice and, if necessary, may use reasonable force to do so. The Customer is responsible for all costs, damages, and legal fees associated with any breach and the enforcement of Task Force Transport & Logistics' rights under this Agreement.

12. INTEREST ON LATE PAYMENTS

Any overdue amounts owed by the Customer will accrue interest at a rate of 2% per month.

13. AMENDMENT

This Agreement may only be amended by a written agreement signed by both parties.

14. GOVERNING LAW AND SEVERABILITY

This Agreement is governed by the laws of the Province of Ontario. Should any provision of this Agreement be deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. ASSIGNMENT

The Customer may not assign this Agreement without the prior written consent of Task Force Transport & Logistics.

16. NO WAIVER OF RIGHTS

Any delay or failure by either party to exercise any rights under this Agreement does not constitute a waiver of those rights.