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Rental Service Agreement

Notice About Dispute Resolution

These Terms & Conditions contain provisions on binding arbitration of disputes on an individual basis which will be binding on you unless you opt out as described below. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1. Services Rendered; Waste Materials

Customer grants to Nordic Waste Services LLC the exclusive right, and Nordic Waste Services LLC through itself and its affiliates shall furnish equipment and services, to collect and dispose of and/or recycle (collectively, the “Services”) all of Customer’s Waste Materials at Customer’s service address. Customer agrees that the Waste Materials collected under these terms and conditions shall not include any Excluded Materials.

“Waste Materials” means all non-hazardous solid waste, organic waste, and if applicable, recyclables, generated by Customer or at Customer’s service address. Waste Materials shall not include any Excluded Materials.

“Excluded Materials” means (a) radioactive, (b) corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, toxic, regulated medical or hazardous waste, substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations; (c) any materials containing information protected by federal, state or local privacy and security laws or regulations; (d) any materials that, due to its physical or chemical characteristics, requires more stringent environmental protection, handling, documentation or other management than normal municipal solid waste; and (e) any other waste or material that is prohibited from being received, managed or disposed of at the disposal facility.

Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Customer’s Waste Materials is transferred to Nordic Waste Services LLC upon Nordic Waste Services LLC’s receipt or collection unless otherwise provided in these terms and conditions or applicable law.

2. Equipment

Any dumpster(s) or bin(s) (“Equipment”) Nordic Waste Services LLC furnishes to Customer shall remain Nordic Waste Services LLC’s property. While the Equipment is in Customer’s possession, Customer is liable for all loss or damage to the Equipment, except for normal wear and tear. Customer shall provide safe, unobstructed access to the Equipment on pick-up day.

3. Invoices; Payment Terms

Customer must pay in advance to Nordic Waste Services LLC on a per dumpster basis. The invoices represent Nordic Waste Services LLC’s offer to provide such Services for the specified rental period. By accepting Service, Customer agrees to all terms & conditions. Customer agrees to pay Nordic Waste Services LLC the invoiced amount (“Charges”) prior to delivery.

Invoices can be paid online at https://nordicdumpsters.com.

If full payment of the Charges is not received by Nordic Waste Services LLC within thirty (30) days from the date of the invoice, Customer will be assessed a late fee as specified on the invoice, which shall be for the maximum monthly late charge allowed under applicable law on all past due amounts accruing from the date of the invoice, with a minimum late fee of $100.

Customer acknowledges that such late fee is not to be considered as interest or debt on a finance charge, but rather is a reasonable charge for the anticipated loss and cost to Nordic Waste Services LLC for the late payment.

Additionally, if Customer fails to timely pay an invoice, Nordic Waste Services LLC may terminate or suspend services until full payment is received. If Customer’s service is suspended for non-payment, Customer may be charged a resume fee to restart service.

If Services are suspended or terminated by Nordic Waste Services LLC due to Customer’s breach of these terms or if Customer terminates the Services, Customer understands and agrees that Nordic Waste Services LLC will not refund, or pro-rate or return any amounts previously paid by Customer to Nordic Waste Services LLC.

See next section for further information on additional charges.

4. Charges & Additional Services

In addition to the Charges, Nordic Waste Services LLC also reserves the right to charge Customer additional Charges for additional services provided by Nordic Waste Services LLC to Customer, whether requested or incurred by Customer, including, but not limited to, account resume or reactivation services; extra pickups or trip charges; container overages, overflows and damages (see the FAQs page for a list of “Additional Services”, which may be updated from time to time), all at such posted prices or rates that Nordic Waste Services LLC is charging its customers in the service area at such time.

Customers are advised to request the current charge amounts for any additional services at the time of ordering, and to call the number listed on their invoice for further details on any Charges.

An Energy Surcharge applies to all other Charges, including delivery and/or removal charges, whether or not listed in these terms, and information about the Energy Surcharge can be found on the FAQs page.

State & Local taxes, and/or fees and a Recycle Material Offset, if applicable, will also be added to the Charges. Nordic Waste Services LLC may also adjust the Charges to cover any increases in disposal, processing and/or transportation costs and to cover increased costs due to uncontrollable circumstances, including, without limitation, changes in local, state or federal laws or regulations, imposition of taxes, fees or surcharges or acts of God such as floods, fires, hurricanes and natural disasters.

5. Indemnity

Nordic Waste Services LLC agrees to indemnify, defend and save Customer, its parent, subsidiaries, and corporate affiliates, harmless from and against any and all liability which Nordic Waste Services LLC may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law, to the extent caused by any negligent act or omission or willful misconduct of Nordic Waste Services LLC or its employees, which occurs (a) during the collection or transportation of Customer’s Waste Materials, or (b) as a result of the disposal of Customer’s Waste Materials in a facility owned by Nordic Waste Services LLC or its affiliated companies, provided that Nordic Waste Services LLC’s indemnification obligations will not apply to occurrences involving Excluded Materials.

Customer agrees to indemnify, defend and save Nordic Waste Services LLC, its parent, subsidiaries, corporate affiliates and their joint venture partners, harmless from and against any and all liability which Nordic Waste Services LLC may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by Customer’s breach of these terms and conditions or by any negligent act or omission or willful misconduct of the Customer or its employees, agents or contractors or Customer’s use, operation or possession of any Equipment furnished by Nordic Waste Services LLC.

Neither party shall be liable to the other for consequential, incidental or punitive damages arising out of the performance or breach of these terms and conditions.

6. Miscellaneous

(a) Nordic Waste Services LLC shall not be in default for its failure to perform or delay in performance caused by events or significant threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, riots, imposition of laws or governmental orders, fires, acts of war or terrorism, acts of God, and the inability to obtain equipment, and Nordic Waste Services LLC shall be excused from performance during the occurrence of such events.

(b) These terms and conditions shall be construed in accordance with the law of the state in which the Services are provided.

(c) Different terms and conditions may apply to residential dumpster customers covered by municipal franchise, homeowner’s association or individual customer agreements.

(d) In the event Nordic Waste Services LLC successfully enforces its rights against Customer hereunder, Customer shall be required to pay Nordic Waste Services LLC’s attorneys’ fees and court costs.

(e) Customer understands and agrees that by providing Customer’s phone number(s), email, and home address in connection with these terms, Customer authorizes Nordic Waste Services LLC and its agents to contact Customer regarding this account with an artificial or prerecorded message or using auto-dialing equipment at the provided phone number(s), including cell phone numbers if provided, or email, and home address.

7. Recycling Services

All Recyclable Materials must be clean, dry, unshredded, empty, loose and unbagged.

(a)(i) Single stream Recyclable Materials (“Single Stream”) will consist of Customer’s entire volume of uncoated office and writing paper, magazines, pamphlets, mail, newspaper; flattened, uncoated cardboard, paperboard boxes; aluminum food and beverage containers, tin or steel cans; glass, and rigid container plastics #1, #2 and #5, including narrow neck containers and tubs.

Any material not specifically set forth above, including but not limited to foam, film plastics, plastic bags, napkins, tissue, paper towels, or paper that has been in contact with food, is unacceptable. Glass may not be accepted at all locations.

Nordic Waste Services LLC reserves the right, upon notice to Customer, to discontinue acceptance of any category of Recyclable Materials set forth above as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials. Collected Recyclable Materials for which no commercially reasonable market exists may be landfilled at Customer’s cost.

(b) Notwithstanding anything to the contrary contained herein, Recyclable Materials may not contain Nonconforming Waste, Hazardous Waste, Special Waste or other materials that are deleterious or capable of causing material damage to any part of Nordic Waste Services LLC’ property, its personnel or the public or materially impair the strength or the durability of Nordic Waste Services LLC’ structures or equipment.

(c) Nordic Waste Services LLC may reject in whole or in part, or may process, in its sole discretion, Recyclable Materials not meeting the specifications. Customer shall pay Nordic Waste Services LLC for all increased costs, losses and expenses incurred with respect to such non-conforming Recyclable Materials (collectively the “Cost”).

Without limiting the foregoing, Customer shall pay a contamination charge for additional handling, processing, transporting and/or disposing of such non-conforming Recyclable Materials, Hazardous Waste, Special Waste, Nonconforming Waste, and/or all of part of non-conforming loads and additional charges may be assessed for bulky items such as appliances, concrete, furniture, mattresses, tires, electronics, pallets, yard waste, propane tanks, etc.

8. Legal Disputes; Arbitration Agreement; Right to Opt Out

Please Read This Section Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.

A. Initial Dispute Resolution

We are available by email at Info@NordicWaste.Net or you may contact us via our website at https://nordicdumpsters.com to find the appropriate customer service for your area to help address any concerns you may have regarding the Services. Most concerns may be quickly resolved in this manner.

Nordic Waste Services LLC and Customer agree to use best efforts to settle any disputes directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

B. Agreement to Binding Arbitration

If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 8(A) above, then either party may initiate binding arbitration.

All claims arising out of or relating to these Terms and Conditions (including their formation, performance and breach), the parties’ relationship with each other and/or Nordic Waste Services LLC’s provision of the Services shall be finally settled by binding individual arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration.

Each party will have the right to use legal counsel in connection with arbitration at its own expense.

The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

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