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088-20 - Solid Waste Systems, Inc. dba SWS Equip. - ContractContract No. 088-20 SOLID WASTE SYSTEMS, INC. dba SWS EQUIPMENT, INC. TRUCK RENTAL AGREEMENT BILLING INFORMATION (PLEASE PRINT) CUSTOMER: Citv of Port Orchard ADDRESS: 216 PrnsnesL Street CITY: Port Orchard STATE:_WA ZIP: 98366 PHONE:( 360 ) 876-4. AI CONTACT:_ .A NUMBER OF INVOICES REQUIRED: ! __ EQUIPMENT LOCATION INFORM ON (IF DIFFERENT FROM BILLING LOCATION) CUSTOML: ADDRESS: CITY: CONTACT: ATE:_ ZIP: PHONE:( )^_ The Customer agrees to pay a monthly rental fee of $_0_ per month directly to SWS Equipment, Inc. Damage/Cleaning Deposit Waived. First and last month's payment and the damage/cleaning deposit are required to activate rental. Rentals need to be paid in advance of the usage of the unit (daily/weekly/monthly). Rent -to -Own terms are only valid if all rental payments are received On -Time. Any additional repairs beyond the deposit will be based on time and materials. Rental fee is firm and will not be increased as long as the unit is in service. Customer is responsible for transportation to and Ifom SWS Equipment, maintenance and repairs including replacing tires (no retreads) at time of returning truck. All tire brand names and model numbers to match. Unit needs to be clean and free of all trash & debris. Unit needs to be returned in the same operational and cosmetic condition. In addition, the customer agrees to pay all permits and licensing fees for duration of rental. Unit needs to be returned to SWS yard on time or there will be an additional $0 per day charge. Rental period is for term of warranty repair on customers unit. approx. 1 Month. Truck Model No.: 900- Ern Serial No.: 8000 / VIN: 1FVMG3FE9LHLU0503 Container Model No.: N/A Serial No.: N/A _Size:_ N/A _ Additional Equipment: TERMS AND CONDITIONS 1. Agreement. This document is and for all intents and purposes shall constitute a legally binding contract by and between Solid Waste Systems, Inc. dba SWS Equipment, Inc. a duly organized corporation, which shall hecinaRcr be refurtcd to as the "Company" and the person, finn, or curpurution more particularly identified above and below, which said person, finn, orcorporation shall hereinafter be relcued to as the "Customer" 2. Services Rendered. The Company agrees to furnish the solid waste collection equipment specified above and the customer agrees to make the payments as provided for herein and nbidc by the terns and conditions of this ngreaneut. 3, Binding Effect. This agreemcul shall cmutiture a legally binding contract on the part of theCompany and the Customer and their respective heirs, successors, and assigns in accordance with the tenns and conditions set forth hercin. 4, Term. This agreement shall be in full force and effect for an initial tarn as signified above and shall be renewed for successive tarns without further action by the parties; provided. however, that this agreement may be terminated at the end of any tarn by either of the parties hereto by notice to tenninate by certified mail received not less than 60 days prior to the expiration of the current tam. Upon tennionlion of the agreement. Company shall be entitled to immediate possession of equipment. 5. Payments. The Customer shall pay the Company on a monthly basis forthe services and/or equipment furnished by the Company in accordance with the charges and rates provided for herein. The Customer shall make, payments to the Company based on payment terns above. Fees may be subject to sales tax as per applicable law. The company may impose and the Customer agrees to pay n late fee for all past due payments which said laic fee shall be 5 percent (5%) of the monthly payment but in no event in an amount which shall exceed the maximum rate for same allowed by applicable law. 6. Liability for Equipment. The Customer acknowledges that it has the care, custody, and control of the Company's equipment, which is owned by the Company and acceptsresponsibility for the equipment and its contents at all time except when it is being physically handled by the employees of the Company. The Customer, therefore, expressly agrees to dcfbnd, indemnify, and hold the Company harmless fiom and against nny and all claims for loss or damage to properly, m injury to or death of any person or persons resulting fiom or arising in any manner out of the Customret's use, operation, or possession of any of the equipment furnished under this agreeneni. A proof of Insurance certificate must be provided with SWS Equipment, Inc, being named as lost payee and additional insured. 7. Taxes. The Customer shall be responsible for and shall pay any and all local, municipal. and/or state taxes, which shall be imposed upon the rental unit during the terra ofthis agreement and any extension thereof and shall save the Company hannless fiom all liability in connection therewith. 8 Failure to Perform. In the event the Customer terminates this agreement prior to the expiration of its term or any extension thereof; or breaches its obligations putsuaut to this agreement, ilreCuslomer agrees to pay the Company, as liquidated damages a sunr of money to the total of the Customer's billings for any six nronthsduting which this agreement was in full force and ellect. The parties hereto expressly agree, that in computing the liquidated damages described in this section, that the Company may select those months in which the Customer's billings were the highest. The parties hcrctocxpressly agree that the award of liquidated damages would be particularly appropriated in the event of a breach by the Custorncr ofthis agreement taking into consideration the Customer fails to pay the Company all amounts which become due undo this agreement or fails to perform any of its obligations pursuant to this agreement, and the Company refers such matter to an attomey for collection, the Customer shall pay, in addition to the amount due, any and all costs incun'cd by the Company as the result of such action including, to the extent permitted by low, reasonable attorneys fees and court costs, 9. Applicable Law. If any provision of this agreement shall contravene existing law in a jurisdiction in which enforcement Ihcrcof is sought, such provisions as contravene applicable law turd only such provisions shall be unenfbrceable; however, all provisions of [Iris agtecrnent, which shall not exist in violation of applicable law, shall remain in full force and effect. 10. Excused Performance. Neither party hereto shall be liable for its failure to perform hereunderdue to contingencies beyond reasonable control including, but not limited to, strikes, riots, lit es, and acts of God_ 11, Assignment. 'The Customer shall not assign this agreement without the prior written consent of the Company; however, the Company may assign this agreement without the Customer's consent to any person, finn, or corporation affiliated with the Company, with which the Company may merge or consolidate, or to which it may sell all or a substputial portion of its assets SWS Eauiamcnt, Inc. CUSTOMER NAME: t A 224 14)-r +' `Yf 11 dt-;II Itu' Af 7-1 PO BOX 13040 6515 E. NIXON SPOKANE, WA 992I3-3040 BY (SIGNATURE): (509) 533-9000 FAX: (509) 533-1050 PRINT NAME ^ ` EFFECTIVE AND TITLE: Il ' CONTRACT DATE: /�� ] _ BY/TITLE il LN DATE: 1 ! !