These Terms and Conditions for Junk Removal, Large Item Removal, Hard-to-recycle Item Removal, and Light Demolition (“Terms and Conditions”) are entered into between Benson Hauling dba Pittsburgh Junk Company (“Company”) and the Customer identified on their Estimate attached and made part of these Terms and Conditions (“Customer”). The Company agrees to perform removal services (“Services”) of items (“Items”) from Customer’s home, office, or other location (“Premises”). The details of the specific Services, Items, and Premises are to be defined in Customer’s Estimate (“Estimate”). By signing these Terms and Conditions and approving the Estimate, Customer intending to be legally bound, agrees to the following Terms and Conditions:
The following shall be included Services, if applicable and indicated in the Estimate:
Junk Removal For Individuals. Including removal of individual items such as pianos, mattresses, dressers, cleaning out of rooms or garages, removal of construction or yard debris, and estate cleanouts.
Junk Removal for Property Managers. Including but not limited to, individual items such as pianos, mattresses, dressers, etc., removal of items in overflowing dumpsters, and apartment turnovers.
Large Item Removal. Including but not limited to items such as pianos, hot tubs, etc.
Removal of Hard-to-Recycle Items. Including but not limited to, paint, televisions, propane tanks, fluorescent light bulbs, fire extinguishers, and tires.
Light Demolition. Including but not limited to sheds, playsets, etc.
Ongoing or Additional Services. Additional scopes of work shall be decided from time to time between the parties for additional rates. Such scopes of work may be decided via email communication or other forms of writing to be subject to the conditions and terms of these Terms and Conditions.
Premises must be available to Company and Company’s agents, including employees, technicians, or subcontractors during the day(s) scheduled for the Services.
The provided pickup window in Estimate is merely an estimated time of arrival to begin Services. The time of arrival is not guaranteed.
Company’s normal working hours (“Normal Working Hours”) are 7AM to 5PM, Monday through Friday. Company may work on the Services outside of these hours for their own scheduling purposes, in their sole discretion. If Customer requests work outside of Normal Working Hours, such work may be subject to an additional fee, which will be provided to Customer prior to incurring such cost.
If applicable to the Services, Customer must provide Company with a key or gate access code to the Premises if Customer (or a person authorized to let Company in) cannot be present.
If pets are present, please keep them away from the worksite to prevent any issues. Company is not liable for any damage due to pet interference.
Pickup Refusal. Company has the right to refuse pickup of Items for any reason in its sole discretion, including but not limited to Items that, in Company’s sole discretion, are too large to fit through doorways or to be taken down stairs, Items that Company reasonably believes may cause damage to the Premises if removal were to occur, and/or Items that fall under the Prohibited Items section below. Except for Items falling under the Prohibited Items section below and the Minimum Visit Fee, Customer shall only incur a fee for the actual cost of Services that were completed.
Prohibited Items. Company has the right to refuse pickup of Items that Company, in its sole discretion, deems unsafe, illegal, or dangerous (“Prohibited Items”). Prohibited Items may include, but are not limited to, weapons, drug paraphernalia, Items with mold, asbestos, septic systems, buried waste, rotted-out wood, and animal droppings. Company has sole discretion to deem Items as Prohibited Items upon reasonable belief that such Items may be unsafe, illegal, and/or dangerous. Company has the right but not the obligation to summon law enforcement upon reasonable suspicion of illegal activity or Items. The parties agree that, if Company encounters Prohibited Items in the course of the Services, Company shall stop work immediately and notify Customer, who may then retain a qualified contractor to perform such removal work, if applicable.
Company may, in its sole discretion, choose to leave the Premises and/or Services incomplete or to finish the Services except for the Prohibited Items to the extent Company believes, in its sole discretion, partial Services can be safely completed. In either case, Customer shall incur 100% of the final cost of the Services, based upon the estimate provided in Estimate or any additional costs accrued for completed Services.
Customer represents and warrants that Customer owns all legal right, title, and interest in and to the Items, or has secured the right to transfer to Company all legal right, title, and interest in the Items. All legal right, title, and interest in and to the Items shall pass to the Company upon execution of this agreement.
Customer represents and warrants that Customer has an ownership interest in the Premises upon which the Company shall enter to retrieve the Items, or is an authorized agent of the owner(s) of such Premises.
Customer agrees that Company has sole discretion to make decisions regarding the disposal of Items once removed from the Premises, including but not limited to disposal, donation, or sale. Company makes all reasonable efforts to donate furniture when possible.
Generally. Payment for services is due upon completion and is acceptable as cash, check, or credit card (credit cards subject to a 4% fee). The estimated Fee outlined in the Estimate is based upon the information provided by Customer at the time of estimate, and may not be reflective of the final amount due to Company upon completion of Services. Company reserves the right to adjust the Fee due in order to accurately reflect the percentage of the truck filled upon retrieval of Items, the labor hours expended for the job, and any other additional circumstances which Company reasonably believes require additional fees. Customer agrees to pay the adjusted total Fee upon completion of Services.
Minimum Visit Fee. In all cases, and the case of less than 24-hour cancellation (see Cancellation policy below), Company will charge a Minimum Visit Fee upon arrival at the Premises, which shall be included in the Estimate.
Late Payments. All late payments will be subject to a penalty of 1.5% interest per month on the principal amount owed. Company may refer non-payment to a collections agency for which Customer will bear the cost.
Deposit. At Company’s sole discretion, Company may charge a deposit for projects involving longer hours, multiple truckloads, and/or additional crew members, which will be indicated on Customer’s Estimate. In cases where a deposit is due, Company shall proceed with scheduling the pickup date upon receipt of deposit as outlined in Estimate.
Cancellation by Customer. Upon approval of Estimate, Customer agrees to the following cancellation terms and conditions based upon the beginning of the pickup window provided on the date of pickup as determined in Estimate: If Customer requests a cancellation within 24 hours of the start of their scheduled pick up window, the Minimum Load/Visit Fee will apply and Customer will be invoiced for such fee. Alternatively, Customer may reschedule in Company’s sole discretion and availability, and a rescheduling fee may still apply. In all cases where, upon Company’s arrival to complete Services, the item(s) are no longer present on the Premises, access to the Premises is unavailable, or pickup cannot occur due to other impossibility: the Minimum Load/Visit Fee will apply.
Cancellation by Company. Company may cancel or reschedule a pickup for any reason, in Company’s sole discretion, and in such case, Company will provide written notice to Customer. If Company elects to cancel the Services through no fault on Customer’s end, Company will refund any fees or deposits already incurred for the cancelled Services within a reasonable timeframe.
In no event shall Company be liable under these Terms to Customer or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with the Services, the Items, or any breach of these Terms, regardless of (a) whether such damages were foreseeable; (b) whether or not Client was advised of such damages; and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. Client’s maximum remedy, regardless of the form of action, whether in contract, tort, or otherwise, shall be limited to the cost of the Services earned up until the time of any cause of action. Customer will indemnify, hold harmless, and defend Company from all claims, demands, or causes of action hereafter brought or made by third parties arising out of, or connected with the Items, including but not limited to Customer’s misrepresentation of Customer’s authority to dispose of the Items.
EXCEPT AS SPECIFICALLY DEFINED IN THESE TERMS, COMPANY MAKES NO WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT SUCH WARRANTIES WHICH MAY EXTEND FROM AND ARE SOLELY RECOVERABLE AGAINST THE MANUFACTURER. ANY WARRANTIES APPLICABLE TO COMPANY LABOR AND WORKMANSHIP SHALL NOT APPLY IF COMPANY HAS NOT BEEN PAID IN FULL FOR THE SERVICES PURSUANT TO THESE TERMS.
Neither party shall be liable nor shall be deemed to have defaulted under or breached this Terms and Conditions, for any failure or delay in fulfilling or performing any provision of this Terms and Conditions, when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control (”Force Majeure”), in which case, the Parties shall agree to a rescheduled timeline for the Services. If the Force Majeure event results in the full inability for the Services to be performed (destruction of the property, etc.), then the affected party shall notify the other, and these Terms and Conditions shall be terminated without liability, and any payments will be returned.
Customer grants to Company the irrevocable right to use images related to the Services for business promotion and any other lawful purpose, including but not limited to before and after photos, however, Company agrees not to use Customer’s or Customer’s tenant’s, if applicable, name, address, or personal identifying information without additional permission from Customer.
This Terms and Conditions sets forth the entire agreement of the parties and shall govern, supersede, and cancel all previous communications, advertising, representations, or understandings prior to this Terms and Conditions. No supplement, modification, or waiver of this Terms and Conditions shall be binding unless executed in writing by the Parties. No changes or additions to the Terms and Conditions whatsoever are binding absent a writing signed by Company and Customer. These Terms and Conditions shall not be assigned by the Customer without first receiving Company’s written consent, which may be denied in Company’s sole discretion. Subject to the preceding sentence, this Terms and Conditions shall apply to, bind, and be obligatory upon the heirs, executors, administrators, representatives, successors, and assignees of the parties hereto. This Terms and Conditions is governed by, and to be construed in accordance with, the laws of Pennsylvania. If Company is successful in any litigation, Company shall be entitled to payment of the cost of reasonable attorneys’ fees. If any of the provisions of this Terms and Conditions are found to be unenforceable, the remainder shall be enforced as fully as possible, with the unenforceable provision(s) to be modified to the extent to allow it to be enforceable by law. Failure by Company to enforce a right or seek a remedy under this Terms and Conditions shall not be construed as a waiver of such rights/remedies.
Customer agrees that Customer has read, understood, and agreed to the terms and conditions of this Agreement and is responsible for ensuring that full payment is made pursuant to the terms of this Agreement.
