Terms of Service
Subject to the terms and conditions stated here, American Combat Cans LLC agrees to furnish customer, at Customer’s designated location, portable restrooms and other waste and sanitation related equipment and services, as may be requested by Customer during the term of this Agreement.
PRICING
All equipment and services are billed at an agreed upon rate for four (4) weeks or twenty eight (28) days of service, subject to applicable taxes. Minimum four weeks rental rate assessed on all portable restrooms, hand wash units and holding tanks. American Combat Cans LLC does not prorate for unused days. Prices are subject to change upon fifteen (15) days written notice to Customer.
PAYMENT TERMS
Payment is net twenty eight (28) days from the date of invoice. Customer will be invoiced in advance for 28 days of service for a re-occurring rental or a one-time rental. All past due amounts under this Agreement shall bear interest at the rate of 1.3% per billing cycle (or at the highest rate permitted by law) from the date due until paid. Should Customer’s account be referred to a collection agency or an attorney, whether “in-house” or otherwise, Customer shall bear the costs of court and/or attorneys’ fees.
CREDIT CARD PROCESSING
Customer declares that the all credit information submitted is true, accurate, and appears in the name as stated. Authorization is hereby given to American Combat Cans LLC to use the credit card information provided for amounts due to American Combat Cans LLC on a monthly basis as charges accrue. Further, Customer authorizes its credit company to accept and to charge its account for purchases initiated by American Combat Cans LLC. This authorization allows American Combat Cans LLC to continue to use the credit card information, which shall remain in full force and affect unless the Customer revokes this authorization in writing sent certified mail, return-receipt requested to American Combat Cans LLC at 23705 Lenze Road, Spring, TX 77389.
SERVICE COMPLAINTS
Customer and American Combat Cans LLC agree that all service related issues and all complaints regarding nonperforming or malfunctioning goods will be communicated by emailing American Combat Cans LLC at customerservice@americancombatcans.com.
UNIT DELIVERY, LOCATION, AND RETRIEVAL
Delivery dates provided by American Combat Cans LLC are approximate. American Combat Cans LLC shall have no liability for failure or delay in delivery or failure to notify Customer of any delay or non-delivery. American Combat Cans LLC is not responsible for Customer’s failure to designate unit placement at delivery. If unit is set in an undesired area because Customer failed to designate placement area and American Combat Cans LLC is asked to return, the American Combat Cans LLC reserves the right to charge a fee of ranging from $25-$75 depending on the service location, plus fuel costs. Relocation of the unit will be performed at American Combat Cans LLC’s earliest convenience. Customer agrees not to remove units from site or permit the units to be removed from the site without American Combat Cans LLC’s expressed written consent.
EQUIPMENT USE AND ACCESS
Customer will immediately notify American Combat Cans LLC and discontinue use of equipment that is or becomes unsafe or dangerous, in any respect. Customer shall provide unobstructed access to equipment on the day of servicing or removal, or be subject to a $25-75 trip charge plus fuel costs, and/or delayed service or removal. A unit is inaccessible if it is located more than twenty five (25) feet from an area accessible to a pumper truck. Customer represents that it has authority to permit American Combat Cans LLC to enter upon property upon which the American Combat Cans LLC units are located to permit American Combat Cans LLC to service, repair, or remove a unit, and Customer agrees to hold American Combat Cans LLC harmless from American Combat Cans LLC entry upon such real property for these purposes. Customer acknowledges that health standards require 1 unit for each 10 persons on site. It is Customer’s sole responsibility to contact American Combat Cans LLC to request all equipment relocations and final pick-ups. American Combat Cans LLC HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT.
PROHIBITED WASTE AND PROPER LOADING OF CONTAINERS
Customer warrants that, unless otherwise agreed under separate written agreement, no controlled, hazardous, toxic, or radioactive wastes or substances, as defined by applicable federal, state or local laws or regulations, will be placed in waste disposal containers. Prohibited wastes include, but are not limited to: paint; tires; batteries; free liquids, sludges, industrial process and pollution control process wastes; residue, contaminated residue and residuals from chemical spills or cleanups; liquids and sludges from septic tanks, food service grease traps and commercial laundries and car washes; biomedical waste; friable asbestos; non-friable asbestos; oil filters, cathode ray tubes, acetylene tanks, and other chemical equipment, and; waste produced from dismantling or demolition of industrial process equipment contaminated with chemicals (collectively, the “Prohibited Wastes”). Customer agrees to indemnify, defend and hold American Combat Cans LLC harmless from any and all claims, suits, damages, penalties, citations, fines, and liabilities for injury or death to persons or damages to property or the environment, arising out of a breach of this warranty or caused by Customer’s waste containing hazardous or other prohibited waste.
Customer agrees that containers shall not be overloaded by volume or weight, or above the sides of the container. If American Combat Cans LLC cannot service an overloaded container, a $150.00 trip fee may be charged. Additionally, Customer agrees that if American Combat Cans LLC must unload material from a container or third party costs are incurred to dispose of waste, the Customer will be charged for the out-of-pocket expense incurred by American Combat Cans LLC, plus a twenty percent (20%) handling charge for the American Combat Cans LLC’s time and opportunity costs.
Customer agrees to indemnify or reimburse American Combat Cans LLC for any fees, fines, or other expenses relating overloaded containers or Prohibited Wastes found or placed in units used by Customer. Customer further agrees to pay American Combat Cans LLC a twenty percent (20%) fee to American Combat Cans LLC in addition to any such amounts of indemnity or reimbursement.
Customer agrees that containers shall not be overloaded by volume or weight, or above the sides of the container. If American Combat Cans LLC cannot service an overloaded container, a $150.00 trip fee may be charged. Additionally, Customer agrees that if American Combat Cans LLC must unload material from a container or third party costs are incurred to dispose of waste, the Customer will be charged for the out-of-pocket expense incurred by American Combat Cans LLC, plus a twenty percent (20%) handling charge for the American Combat Cans LLC’s time and opportunity costs.
Customer agrees to indemnify or reimburse American Combat Cans LLC for any fees, fines, or other expenses relating overloaded containers or Prohibited Wastes found or placed in units used by Customer. Customer further agrees to pay American Combat Cans LLC a twenty percent (20%) fee to American Combat Cans LLC in addition to any such amounts of indemnity or reimbursement.
RISK OF LOSS OR DAMAGE
Customer agrees to return all equipment furnished under this Agreement to American Combat Cans LLC in the same condition as delivered, subject only to normal wear and tear. Customer shall bear the risk of loss and damage to equipment. In the event of damage, other than damaged caused directly by American Combat Cans LLC, Customer shall pay the lesser of (a) the cost or repair, or (b) the cost of replacement in American Combat Cans LLC’s yard in Spring, Texas. The cost of replacement of a standard portable toilet is agreed to be $550, which will be billed to the Customer in the event of loss. No loss or damage to equipment, in whole or in part, shall impair Customer’s payment obligations under this Agreement.
TERM
This Agreement shall be effective immediately and shall continue in full force and effect until American Combat Cans LLC receives written notice of termination from Customer sent by certified or registered mail, return-receipt requested. Said notice shall specify the effective date of termination, which shall be no less than seven (7) days after American Combat Cans LLC’s receipt of said notice of termination. Termination of this Agreement shall in no way release Customer or guarantor from any sum, debt or other obligation, including any duty to defend and/or indemnify American Combat Cans LLC, incurred or arising prior to such termination.
INVOICE DISPUTES; WAIVER
In the event Customer disputes any amount invoiced hereunder, Customer agrees to provide American Combat Cans LLC with written notification of such dispute within twenty (20) calendar days of the disputed invoice date, or else waive such dispute. Even in the event of a timely notice of dispute, Customer agrees to timely pay all undisputed amounts invoiced hereunder.
DEFAULT
If Customer fails to make any payment or perform any obligation under this Agreement or becomes in any way the subject of a bankruptcy proceeding, American Combat Cans LLC shall be under no obligation to furnish additional equipment or services to Customer until the default is cured and American Combat Cans LLC may, without penalty, legal process or notice of any kind, immediately retake possession of all of its equipment from Customer, regardless of location.
LIMITATION OF LIABILITY
American Combat Cans LLC shall not be liable for damage to pavements or other driving surfaces resulting from the weight of vehicles servicing the equipment location designated by Customer, nor for any damages incurred while executing Customer’s directions. In no event shall American Combat Cans LLC, its members, managers, employees, agents, attorneys, insurers, affiliates, successors, or assigns be liable for: i) any claim, loss, damage or expense of any kind (including strict liability in tort) arising out of or related to the ownership, selection, possession, lease, operation, control, use, maintenance, delivery or return of the equipment; ii) incidental, indirect, special or consequential damages (including loss of profits or production), whether suffered by Customer or any third party, no matter the cause; or, iii) any amount in excess of the amount American Combat Cans LLC receives from Customer as payment under this Agreement.
INDEMNITY
Customer agrees to defend, indemnify and hold American Combat Cans LLC harmless from and against any and all claims, actions, suits, costs, expenses (including attorney’s fees), damages and liabilities for injury or death to persons or loss or damage to property, arising out of or related to the equipment or services furnished under this Agreement, including costs, expenses, and attorney’s fees incurred by American Combat Cans LLC in an action, claim, or suit to enforce or prosecute Customer’s obligations under this provision or Agreement.
CHOICE OF LAW; CONSTRUCTION
This Agreement shall be governed by the laws of the State of Texas. There shall be no presumption or inference against the party drafting this Agreement in construing or interpreting its provisions. Any provision of this Agreement, or portion thereof, held to be void or unenforceable under applicable law, shall be deemed stricken and all other provisions, as well as the other portions of the provision at issue shall continue to be valid and binding on the parties. This Agreement constitutes the entire agreement between the parties with regard to its subject matter, superseding all prior negotiations and agreements, and shall not be amended, altered or changed except in writing signed by both parties.
Customer is agreement of these terms upon delivery of rented equipment being delivered.
Customer is agreement of these terms upon delivery of rented equipment being delivered.
OUR OBLIGATION
AT American Combat Cans we believe our experiences and lessons learned in the U.S. Military provided us with a unique set of opportunities that we quite simply would have never realized had we chose a different path in our lives. It is because of this reason that every portable toilet rental a portion of our proceeds are donated to the VA services.
In addition to financial support we believe that is our obligation to pay it forward to our fellow service members and remain committed to veterans in their pursuit of post-service ambitions as productive members of our society.
We want to help and hopefully provide the same chance at success that we were lucky enough to receive from a few mentors who took us under their wings and showed us how to make use of those lessons you can only learn while in the service of ones country.
In addition to financial support we believe that is our obligation to pay it forward to our fellow service members and remain committed to veterans in their pursuit of post-service ambitions as productive members of our society.
We want to help and hopefully provide the same chance at success that we were lucky enough to receive from a few mentors who took us under their wings and showed us how to make use of those lessons you can only learn while in the service of ones country.