Terms List
Terms and Conditions
Customer shall be deemed to have accepted these terms and conditions upon the earliest to occur of (i) two business days after receipt of an invoice from Company; (ii) delivery of items of equipment (“Equipment”) identified in this invoice to the site designated in this invoice (the “Site”) and use or acceptance hereof; or (iii) acknowledgment or other conduct of Customer indicating acceptance. These terms and conditions shall supersede any inconsistent terms of any purchase order or other documents of Customer.
1. Acceptance of Terms
Customer shall be deemed to have accepted these terms and conditions upon the earliest to occur of (i) two business days after receipt of an invoice from Company; (ii) delivery of items of equipment (“Equipment”) identified in this invoice to the site designated in this invoice (the “Site”) and use or acceptance hereof; or (iii) acknowledgment or other conduct of Customer indicating acceptance. These terms and conditions shall supersede any inconsistent terms of any purchase order or other documents of the Customer.
2. Term of Agreement & Rental Duration
This agreement shall continue from the date hereof until the job described is completed. Rental begins upon delivery of the equipment and continues until the equipment is picked up or the agreement is terminated. Except that the company may terminate this agreement at any time upon written notice to the customer specifying the termination date.
3. Equipment Placement & Site Access
The customer agrees at all times to keep the equipment in a location where it can be serviced in all kinds of weather and at all times to keep the area around the equipment clear for at least 20 feet. Customer shall ensure safe and unobstructed access for delivery, servicing, and pickup. Additional charges may apply for failed delivery or pickup attempts due to inaccessibility.
4. Equipment Use Restrictions
The customer agrees not to move the equipment from the project site without prior written consent from the company. Unauthorized relocation may result in additional fees.
The customer agrees not to sublease any of the equipment to any other person or to permit the use of the equipment by persons not connected with the project site.
The customer agrees to lease sufficient equipment so that the capacity of each item of equipment is not overburdened. For debris boxes or dumpsters, the customer agrees not to exceed weight limits or fill lines. Overweight or overfilled containers may result in additional charges.
5. Equipment Condition, Damage & Loss
The customer agrees to promptly notify the company in the event of any failure, malfunction, damage to, or theft of any equipment.
The customer agrees to exercise reasonable care in the use and handling of equipment and will be responsible for any damages caused to the equipment beyond normal wear and tear.
The customer is responsible for the replacement cost of the equipment in the event of a complete loss, including fire and/or theft.
Graffiti and/or markings of any nature are NOT reasonable wear and tear and are damage for which the customer is responsible.
Optional damage waiver (additional cost) covers graffiti, vandalism, fire, normal wear and tear, and complete loss of unit(s). Loss due to theft is only covered when a police report is submitted to American Portables by the customer.
6. Billing & Payment Terms
The customer agrees to pay charges, in advance, on a 28-day billing cycle. All payments are due within fifteen (15) days of invoice date unless otherwise stated.
All prices are subject to change upon (5) days prior written notice to Customer.
Prices are also subject to change if the customer changes the quantity of leased equipment or the frequency of service, and such changes shall be reflected on the company’s invoice.
7. Delinquent Accounts
All accounts will become delinquent if not paid within fifteen (15) days of the billing date. All delinquent accounts shall be charged interest up to 1.5% per month, as determined by the company.
8. Cancellation & Refund Policy
Orders canceled prior to delivery may be subject to a cancellation fee. Once equipment has been delivered, no refunds will be issued for unused rental time. Early pickup or removal does not relieve the customer of agreed minimum rental charges.
9. Servicing
The company offers servicing as an option on all equipment.
10. Contamination Policy
While portable restroom or sink units are in customers’ possession, the customer shall prevent any contamination of such units with or from radioactive, volatile, flammable, explosive, toxic, or hazardous materials (including paints, oil, solvents, and adhesives).
The company will not remove any waste other than DSW from units. In the event other waste is found in the equipment, the customer shall arrange and pay for separate removal of such other waste.
Until such other waste is removed, the customer may not terminate the period and the customer is liable for all charges accrued during such period.
11. Delivery & Pickup Terms
Delivery and pickup will be scheduled based on availability. The customer must provide accurate site instructions. The company is not responsible for delays due to site conditions, weather, or access limitations. Additional fees may apply for rescheduling, waiting time, or special handling requirements.
12. Liability & Indemnification
Customer agrees to, in all events, indemnify and hold Company harmless in respect of any and all claims or suits made or filed against the Company for bodily injury and/or property damage growing out of the use of the equipment.
It is agreed that upon delivery to the customer, the equipment has passed out of the company’s control and is assumed by the customer.
Customer assumes full responsibility for all liability arising from the use, operation, or possession of the equipment during the rental period.
13. Collections & Legal Fees
The customer agrees to pay all reasonable fees and costs of collection, including reasonable attorneys’ fees, incurred by the company if it is required to institute legal proceedings to collect any amount due hereunder or otherwise enforce its rights hereunder.