Terms and Conditions
CH WASTE SERVICES LLC WASTE REMOVAL AGREEMENT THIS AGREEMENT is entered into on , 20 between CH Waste Services, LLC
(“CH”), and (the “Customer”) for services at under the following terms and conditions:
1. Services. CH shall provide to Customer waste removal services as specified by this Agreement.
a. CH shall primarily provide for waste transportation vehicle(s) and one driver per vehicle to transport non- hazardous waste exclusive of large items to a dumping facility selected by CH.
b. The Customer agrees to have the waste or debris to be removed organized (i.e., bags, containers, etc.) in a manner
that will allow for its prompt and safe placement into CH’s waste transportation vehicle(s) (the “Vehicle(s)”). CH personnel will
assist with the placement of the waste o debris into CH’s waste transportation vehicle(s) (the “Vehicle(s)”).
c. CH does not collect, dispose of, or allow the placement in the Vehicles any of the following materials: appliances,
furniture, food, and flammable, toxic, contaminated, hazardous or bio-hazardous materials. Moreover, should you have any concerns
whether certain parts of your materials include any of the materials listed above, please let us know in advance. Failure to do so will
lead to cancellation fees or significantly higher fees as determined by CH in its sole discretion. The load capacity of the CH’s vehicles
is approximately 14 cubic yards each (subject change/availability).
d. Customer must notify CH in advance of requesting CH’s services if large items are included in the waste to be
removed. Large items may affect both the price and ability of CH to dispose of the waste. The loading and/or wait time accounted
for under the regular fees stated below is not to exceed sixty (60) minutes total. The distance between the waste or the debris and the
Vehicle(s) shall not exceed one hundred (100) feet. Exceeding the time or distance limits stated herein will lead to additional or
higher fees as determined by CH in its sole discretion
e. Under no circumstances shall CH load the Vehicle(s) beyond the limit set by the closure of the cargo space, bed
or wagon, or any other limits set by law or as reasonably determined byCH
2. Fees. Customer hereby agrees to pay CH on the basis of the price schedule and terms below.
a. The minimum charge for a Full Truck in Miami-Dade County is for 2.0 tons or less is $600.00. Any additional
weight will be $79.00 per Ton.
b. The minimum charge for a Half truck is for 1.0 ton or less is $350.00. Any additional weight will be $79.00 per
c. Services provided at FISHER ISLAND shall be charged at the following rates: The minimum charge for a Full
Truck is for 2.0 tons or less is $670.00. Any additional weight will be $79.00 per Ton.
Payment must be issued within thirty (30) calendar days from any service provided by CH (the “Payment Date”).
d. Customer agrees to a late fee in the amount of fifty dollars ($50.00) and fifteen percent (15%) interest per annum,
or the maximum interest allowed by law, whichever is less, on any amounts pass the Payment Date.
e. The amount of waste removed is determined by CH and/or its undisclosed providers, should the Customer
challenge or require additional support than the document(s) provided by CH, additional charges will apply as reasonably determined
by CH in its sole discretion.
f. The price schedule above is subject to change without notice as may be reasonably required due to any and all
changes in market conditions and other matter affecting costs and expenses in any way such as changes in laws.
3. Notices. Any notice, request, demand, instruction or other communication to be given to either party hereunder, shall be in
writing and shall be either; (i) hand-delivered, (ii) sent by Federal Express or a comparable overnight mail service, (iii) or mailed by
U.S. Certified Mail, postage prepaid to CH, or to Customer to the Addresses indicated herein or those readily available in the public
records. Notices shall be deemed to have been given upon receipt or refusal of delivery/receipt. The addressees and addresses for the
purposes of this paragraph may be changed by giving written notice. Unless and untilsuch written notice isreceived, the last addressee
and addressstated herein or available in the public records,shall be deemed to continue in effect for all purposes hereunder.
4. Insurances. Customer represents that Customer has general liability insurance or similar type insurance coverages that
provides for coverage with limits of no less than $500,000 per occurrence and $1,000,000 in the aggregate. Customer’s insurance
coverage shall be exhausted prior to CH’s insurance being considered. Failure of Customer to purchase and/or maintain these
insurance requirements shall provide for CH and or its carriers to get compensation for all costs including premiums, deductibles,
and other costs (including attorneys’ fees) incurred as a result of Customer’s failure.
5. Governing Law. This Agreement shall be deemed to be a contract made under, and for all purposes shall be construed in
accordance with the laws of the State of Florida.
CH Waste Services, LLC – 444 Brickell Ave., Suite 403, Miami, FL 33131
January 3, 2022
6. Venue and Jurisdiction. CH and the Customer (collectively referred to as the “Parties”) agree that any suit, action, claim,
counterclaim or proceeding arising out of or relating to this Agreement will be instituted or brought exclusively in the Eleventh
Judicial Circuit in and for Miami-Dade County,Florida.
7. Integration, Merger, Construction and Modifications. Each of the Parties agrees that this Agreement reflects the complete
understanding of the Parties, supersedes any and all prior drafts of this Agreement and there shall be no presumption that the
provisions of this Agreement shall be construed strictly against one or the other party. No supplement, modification or amendment
of this Agreement shall be binding unless executed in writing by all parties.
8. Delivery by Facsimile or Electronic Mail. The execution and delivery of this Agreement by either facsimile or electronic
mail format shall be binding on the party who so executes and on whose behalf the document is transmitted.
9. Closed Books. Under no circumstances shall CH be required to provide any information or documentation in connection
with the services provided. We do NOT provide, disclose, share or explain our costs, expenses, business secrets, business partners,
business practices, personnel information, information other past, present or prospective clients, or any other information whatsoever
unless required to do so by law. However, should CH be required to produce any documents for whatever reason (including court
order) to the Customer or any other person in connection with its services to the Customer, the Customer shall bear all costs in
connection with said production or disclosure including without limitation the costs of CH’s personnel time, copying, mailing,
attorneys’ fees if applicable (including time opposing or objecting said production), legal costs and others. Further, should CH be
required to disclose any additional information or documentation, the Customer accepts the obligation of maintaining all the
information and documentation obtained confidential and to not use it for any matters related to the industry to its benefits or that of
others, subject to damages due to CH include without limitation compensatory damages, loss of opportunity, legal costs and
10. Limitation of Liabilities and Indemnity. Customer agrees that should CH be exposed to any liability for any matter or claim
whatsoever related to this Agreement, said liabilities shall be limited to the amount paid by the Customer to CH. Moreover, Client
agrees to fully indemnify the Firm for any and all damages, liabilities, and costs whatsoever including, but not limited to, attorneys’
fees for any liabilities to which CH may be exposed pursuant to providing services under this Agreement
11. Collection Costs. In the event that collection efforts are required to collect unpaid monies by the Customer to CH, then CH
shall have the right to recover any and all collection costs including Attorneys’ Fees, legal costs, the costs of its employees and
agents in connection with their time pursuing the collection of unpaid fees, and any other reasonably related collection costs,
including those fees incurred in connection litigation or appeals.
12. Binding Obligation. This Agreement shall be biding, at CH’s discretion, upon on the respective successors and assigns of
the Customer. Further, the benefits herein shall inure to the respective successors and assigns of the CH.
13. No Waiver. The failure of CH to enforce any provision of this Agreement on one or several occasions shall not be construed
to be a waiver of such provision or any other provision, nor in any way to affect the validity of all or any part of this Agreement or the right of CH thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to
constitute a waiver of any other or subsequent breach.
14. Captions. The captions and headings continued in this Agreement are for convenience and reference only and shall not be
deemed to be construed as limiting or modifying in any manner the provisions of this Agreement.
15. Savings Clause. If any section or portion of this Agreement is declared or found by a court of competent jurisdiction to be
unenforceable or null and void, such section or portion shall be deemed stricken and severed from this Agreement, and the remaining
sections and portions set forth shall continue in full force. Further, to the maximum extent possible, the intent of said invalidated
sections or portions shall be re-written and enforced in a new and valid section or portions as it may apply.
16. WAIVER OF RIGHT TO JURY TRIAL. THE PARTIES HERETO HEREBY WAIVES TRIAL BY JURY IN ANY
ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE
SUBJECT MATTER HEREOF OR THEREOF. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO
ENTER INTO THIS AGREEMENT.
The signatory below represents and warrants that (s)he has all of the requisite power, right, title and authority to enter into
this Agreement, and bind the subject entity(ies), property(ies), and himself or herself.