Rocket City Junk Removal Service Agreement

SERVICE AGREEMENT

 

This SERVICE AGREEMENT (“this Agreement”) is entered into between XXX , LLC. of address XXX, AL (“the company”) and [NAME] of address [ADDRESS] (“the customer”) on [DATE].

 

WHEREAS the Company and the customer desire to enter a relationship in which the Company will provide junk removal services to the client.

 

NOW, THEREFORE, in consideration of the premises, and of the mutual promises and undertakings herein contained, the parties, intending to be legally bound, do agree as follows:

  • SERVICES

  1.    The Company agrees to collect and remove from the Customer’s office or other designated location (“Premises”), the items (“junk”) (hereinafter the “Services”).

 

  1.   The Company agrees and acknowledges that it is free to provide the services in any manner and for any consideration, as may be decided by the Company in its sole and absolute discretion.

     

  2.    The Company in its sole and absolute discretion may refuse to provide any one or more of the services for any reason whatsoever and especially if delivering such services to the Customer can be detrimental to the reputation, goodwill, and competitiveness of the Company or could cause any breach of any contractual commitments of the Company and cause the Company to breach any applicable laws. 

     

  3.    The Junk shall not include any personal property, which would result in the violation of any law or regulation of any governmental authority, including, without limitation, all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters (“prohibited materials”). For purposes of this Agreement, “Hazardous Materials” shall include but not be limited to any hazardous or toxic chemical, gas, liquid, substance, material or waste that is or becomes regulated under any applicable local, State or federal law or regulation.

  • COMPANY’S OBLIGATIONS

 

The Company shall ensure that it has adequate technology as necessary to perform the service under this Agreement.  

  • OBLIGATIONS, COVENANTS, REPRESENTATIONS, AND WARRANTIES OF THE CUSTOMER

 

  1.   The Customer Represents and Warrants that the Customer owns all legal right, title, and interest in and to the Customer, Materials constituting the Junk or has secured the right to transfer to the Company all legal right, title, and interest in and the said Customer Materials. All legal right, title, and interest in and to the Customer Materials shall pass to the Company upon the Customer’s signature, affirming that all work has been completed to the Customer’s satisfaction. Thereafter, the Company may dispose of the Customer Materials in its sole and absolute discretion

 

  1.   The Customer represents and warrants that Customer 

 

  1. has an ownership interest in the Premises upon which the Company shall enter to retrieve the Customer Materials or that Customer is an authorized agent of the owner(s) of such Premises; and 

 

  1. has the right and authority to permit the Company’s unrestricted entrance upon the Premises. The Customer authorizes the Company to 

 

  1. drive on the Customer’s lawn or other non-paved areas to retrieve the Customer Materials from the site (s) designated by the Customer, or 

 

  1. drive on a paved surface. In either case, the Customer assumes full risk for all damage resulting from the Company’s entrance onto the area(s) designated by the Customer and relieves the Company from any responsibility for such damage. Additionally, the Customer acknowledges that the Company recommends against driving on the Customer’s lawn or non-paved and certain paved areas. 

 

  1. Any retrievals of the Customer Materials requiring the Company to access the Customer Materials by way of non-paved areas or should retrieval of the Customer Materials require extraordinary efforts shall permit the Company, at its option, to assess Customer a reasonable service charge, which the Customer agrees to pay.

 

  1.   The Customer shall provide such necessary assistance (at no additional direct cost to the Company) as may be required to facilitate the Company to carry out its obligations under this Agreement.

 

  1.   The Customer shall not do, cause, or authorize to be done anything which will or may impair, damage or be detrimental to the rights, reputation, and goodwill associated with the Company, its Affiliates, shareholders or directors of the Company’s brand name;  

 

  1.   The Customer understands and acknowledges that the conduct of the Customer would have a material impact and bearing on the reputation of the Company.

  • TERM

This Agreement shall be operative from the date of execution of this Agreement. It shall run until the completion of the services or until the Agreement is terminated according to Schedule 16 of this Agreement. 

  • CONSIDERATION

  1.   Compensation

 

In consideration of the provision of the services by the Company, in a service radius of 75 miles, the Customer shall provide discounted rates of services to the Company. Further, the Customer shall provide the said Customer’s services in 72 hours.          

 

  1.   Qualification for Compensation

 

To qualify for the Customer’s discounted rates, the Company needs to complete at least [NUMBER OF JOBS] jobs per fiscal quarter. 

  • NON-DISCLOSURE


  •   The rates, terms, conditions, and schedules of this Agreement shall remain confidential between the Company and the Customer, their respective agents, employees, and consultants, and either party shall not provide a copy of the Agreement, or disclose the terms thereof, to any third party without the prior written consent of the other party. 

 

  1.   The Customer hereby authorizes the Company to release any information regarding the Customer and the Customer Materials as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts including but not limited to officials from local and State code enforcement agencies

 

  1. INDEMNIFICATION

 

The Customer shall promptly on demand indemnify, defend and hold harmless the Company, for and against all claims, liabilities, costs, and expenses (including reasonable attorney’s fees) incurred from any breach by the Customer of any of the provisions of this Agreement, or violation of any laws, or negligence, fraud or willful misconduct of the Customer.

  •  COMPANY’S LIMITATION OF LIABILITY


  •   NOTWITHSTANDING ANYTHING CONTRARY CONTAINED IN THIS AGREEMENT, IN ANY EVENT, THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHER THEORY), TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR COST OF COVER OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF REVENUES, LOSS PROFIT OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS OR DATA) ARISING OUT OF OR CONCERNING THIS AGREEMENT. 

 

  1.   The Company’s entire liability to the Customer under this Agreement or any applicable law or equity shall be limited solely to actual and proven direct damages sustained by the Customer as a result of the gross negligence or willful misconduct of the Company and its Affiliate and their respective directors, officers, employees and agents in the performance of their respective services and other obligations under this Agreement. 

 

  1. REMEDIES. 

 

  1.   If the Customer shall fail to pay any amounts due to the Company under this Agreement or shall fail to comply with any term, provision or covenant contained herein (an “Event of Default”), the Company shall have the right at its election, then or at any time thereafter while such Event of Default continues, to pursue any remedy provided for under applicable laws under this Agreement. 

 

  1.   ALL EXPENSES INCURRED BY COMPANY WILL BE ASSESSED TO THE CUSTOMER (INCLUDING REASONABLE ATTORNEY’S FEES AND OTHER EXPENSES). 

 

  1.   The Company’s remedies are cumulative, and any or all thereof may be exercised instead of or in addition to each other or any other remedies legally available to the Company.

 

  1. FORCE MAJEURE. 

 

The Company shall not be held liable for any delay, interruption, or failure to perform any of its obligations under the Agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.

  •   INDEPENDENT CONTRACTORS

The relationship between the parties is on principal to principal basis. Nothing in this Agreement shall be deemed to constitute either party a partner, joint venture agent or legal representative of the other party, or to create any fiduciary, employer-employee relationship between the parties.     

  •   APPLICABLE LAW

 

 This Agreement shall be deemed to have been made, executed, and delivered in the State of [STATE] and shall be construed per the laws of the State of [STATE]. 

  •   SEVERABILITY

It is the intent of the parties that in case any one or more of the provisions contained in this Agreement shall be held to be invalid or unenforceable in any respect, such provision shall be modified to the extent necessary to render it, as modified, valid and enforceable under applicable laws and such invalidity or unenforceability shall not affect the other provisions of this Agreement. 

  •   ENTIRE AGREEMENT

This Agreement constitutes the final and entire Agreement between the Company and the Customer. It supersedes all prior and contemporary agreements, oral or written.

  •   MODIFICATION

This Agreement may be modified or amended only by a duly authorized written instrument executed by the parties hereto.

 

 

  1.   NOTICES

    All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given if (a) delivered by hand and receipted for by the party to whom said notice or other communication shall have been directed, (b) mailed by certified or registered mail with postage prepaid, on the third business day after the date on which it is so mailed, (c) mailed by reputable overnight courier and receipted for by the party to whom said notice or other communication shall have been directed or (d) sent by facsimile transmission, with receipt of oral confirmation that such transmission has been received: 

 

Company’s Address:

 

XXXX

 

Customer’s Address:

 

 

  • TERMINATION

  1.   Either Party to this Agreement may terminate this Agreement upon notice of termination to the other party.

     

 

  1.   Termination of this Agreement shall not relieve any party of any of its obligations or liabilities and affect the rights and remedies of a Party, which have accrued prior to the date of termination             

     

 

In Witness of whom, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:

 

 

 

___________________________________ ___________________________

Company’s Signature                   Date

 

___________________________________ ___________________________

Customer’s Signature Date

 

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