Terms & Conditions

ZMEX DISPOSAL, INC.
TERMS & CONDITIONS OF SERVICE

These Terms & Conditions (“Terms”) govern the Service Agreement (“Agreement”) between ZMEX DISPOSAL, INC. (“Company”) and the customer (“Customer”)

1. SERVICES PROVIDED; ACCEPTABLE MATERIALS
The Company will provide the equipment, personnel, and services necessary to collect, transport, recycle, and/or dispose of Customer’s waste (“Services”) at the service address listed in this Agreement.
“Waste Materials” means non-hazardous solid waste, including commercial trash, non-hazardous construction debris, and approved recyclable materials generated at Customer’s site.
Customer agrees not to place any of the following prohibited materials in the Company’s equipment (“Excluded Materials”):
Hazardous waste or toxic substances
Corrosive, flammable, volatile, or explosive materials
Medical or biohazardous waste
Radioactive materials
Chemicals, oils, solvents
Batteries, tires, appliances (unless approved)
Any waste regulated by federal, state, or local law
Any unapproved “special waste”
Title and liability for Excluded Materials remain with the Customer. Company may refuse pickup if Excluded Materials are detected.

2. TERM OF AGREEMENT
The standard contract term is 60 months (“Initial Term”), beginning on the Effective Date.
At the end of the Initial Term, this Agreement automatically renews for additional 60-month Renewal Terms unless either party provides written notice of termination 90–180 days prior to renewal.

3. SERVICE GUARANTEE & TERMINATION RIGHTS
If the Company fails to perform the contracted Services within five (5) business days after receiving written notice from Customer, Customer may terminate the Agreement after paying all balances due through the termination date.
If Company increases rates for reasons not related to disposal costs, fuel, CPI, or regulatory changes, Customer may terminate within 30 days of receiving written notice.
If the Company withdraws the increase within 15 days, the Agreement continues as normal.

4. RATES, FEES & PAYMENT TERMS
Customer agrees to pay for services according to the pricing listed in the Agreement, subject to adjustments permitted under these Terms.
The Company may adjust rates due to:
a) Changes in service level or container needs
b) Extra pickups, overflow charges, or blocked access
c) Roll-out, gate, or enclosure services
d) Repair/replacement of damaged equipment
e) Contamination of recyclable materials
f) Increases in fuel or environmental recovery charges
g) Increases in disposal or transfer station rates
h) Local, state, or federal regulatory changes
i) Acts of God or severe weather
j) Increases in the Consumer Price Index (CPI)

Payment Terms:
Invoices are due within 30 days.
Balances past due accrue a 1.5% monthly charge.
Returned checks or failed payments incur a fee.
Credit/debit card transactions may incur a processing fee.
Service may be suspended for non-payment.
Reactivation fees may apply.
If service is suspended for more than 15 days, the Company may terminate the Agreement and collect all funds owed including applicable liquidated damages.
Customer shall pay any taxes, fees, or surcharges imposed by governmental entities.

5. SERVICE CHANGES
Changes in service level (frequency, container size, equipment type) may be requested verbally or in writing. Any approved changes will appear on future invoices.

6. EQUIPMENT & SITE ACCESS
All dumpsters, containers, and equipment (“Equipment”) remain the property of ZMEX DISPOSAL, INC.
Customer is responsible for:
Protecting Equipment from damage or misuse
Ensuring clear and safe access for pickup
Providing adequate space and a suitable surface for Equipment
Customer is liable for any damage to Equipment beyond normal wear.
Company is not responsible for damage to pavement, landscaping, or underground surfaces due to normal truck operation.
Blocked or inaccessible pickups may result in trip charges.

7. LIQUIDATED DAMAGES
If Customer terminates the Agreement before the end of any term without valid cause, Customer must pay:
The current monthly service rate × the number of months remaining in the term
Any additional costs, attorney fees, or collection costs incurred by the Company
This amount represents a reasonable estimate of the Company’s losses and is not a penalty.

8. INDEMNIFICATION
Company Indemnity:
The Company will indemnify Customer for injuries, property damage, or violations of law caused solely by the Company’s negligence during collection, transport, or disposal.
Customer Indemnity:
Customer will indemnify the Company for:
Improper use of Equipment
Excluded Materials
Site hazards or unsafe conditions
Customer’s negligence, misconduct, or contractual breach
Neither party is liable for consequential or punitive damages.

9. RIGHT OF FIRST REFUSAL
For one (1) year after termination of this Agreement, Customer must provide Company the opportunity to match any competing service offer. If Customer fails to do so, Customer agrees to pay liquidated damages equal to six (6) months of the average monthly bill preceding termination.

10. GOVERNING LAW & VENUE
This Agreement is governed by the laws of the State of Florida.
Any legal disputes shall be resolved in the courts located in Osceola County, Florida, unless otherwise required by law.
Prevailing party is entitled to recover attorney’s fees and court costs.

11. ASSIGNMENT
Company may assign this Agreement to any successor or purchaser of its business.
Customer agrees that the Agreement remains valid if the service address changes within Company’s service area.

12. COMMUNICATION CONSENT
Customer authorizes Company to contact them via phone, text, email, or automated messaging systems regarding service, billing, notifications, and updates. Message/data rates may apply. Customer agrees to notify Company of any changes to contact information.

13. MISCELLANEOUS
a) Neither party is liable for delays caused by events outside their control (weather, labor issues, emergencies, etc.).
b) This Agreement represents the entire understanding between the parties.
c) Amendments must be in writing and signed by both parties.
d) Waiving one provision does not waive others.
e) Written notices must be sent via certified mail unless otherwise agreed.
f) If any part of this Agreement is found invalid, the remaining provisions remain in effect.