BOYLE DISPOSAL INC.

 610・872・3149                         since 1990    

Boyle Disposal Service Agreement

This Service Agreement is between the Customer identified on the front side and Boyle Disposal, Inc. (“Boyle Disposal”). If you have any questions about our Service Agreement, please contact us via email at info@boyledisposal.com or by phone at (610) 872-3149 for further explanation. Visit us at www.boyledisposal.com.

1. Services. Customer grants to Boyle Disposal the exclusive right to collect and dispose (the “Services”) of all of Customer’s waste materials (the “Materials”). All Materials must be placed out by 7:00 a.m. on the Service day. Boyle Disposal will not return to Customer’s address to collect Materials that were not placed out at the appropriate time and, in that event, Customer will be required to retain Materials until the following Service day.

2. Notice and Opportunity to Cure. Boyle Disposal will perform the Services in a workmanlike manner in accordance with industry standards and in compliance with all applicable laws and regulations. Customer must give Boyle Disposal prior written notice in the event that Customer believes that Boyle Disposal has failed to adequately perform the Services pursuant to the terms of this Service Agreement. If remedy of Customer’s issue is within the reasonable control of Boyle Disposal and Boyle Disposal fails to reasonably remedy the issue within seven (7) days from the receipt of said notice, then Customer may terminate this Service Agreement. In the event that Boyle Disposal reasonably remedies the deficiency, this Service Agreement shall remain in full force and effect.

3. Bulk Items. Customer is required to contact Boyle Disposal in the event that Customer desires to dispose of appliances, electronics, furniture, extra bags/cans, or any other items which are not part of Customer’s regular pick-up (“Bulk Items”). Customer agrees that there may be extra charges associated with collection/disposal of Bulk Items.

4. Waste Materials. Customer agrees that all Materials to be collected by Boyle Disposal must meet the definition of “Municipal Waste” pursuant to the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (“Act 101”) and the Pennsylvania Solid Waste Management Act (“SWMA”). Materials will not include “Residual Waste” or “Hazardous Waste” as those terms are defined under Act 101 and the SWMA and any Materials that are not classified as Municipal Waste shall be deemed Non-Conforming Waste. If Non-Conforming Waste is collected from Customer, all charges associated with the disposal of the Non-Conforming Waste are the sole responsibility of Customer, including, but not limited to, any fines imposed by the PA DEP. If Boyle Disposal makes a reasonable determination that the Materials contain Non-Conforming Waste, Boyle Disposal may, in its sole discretion, and at Customer’s sole cost and expense, reject and return the Non-Conforming Waste to Customer. Title to Customer’s Materials shall pass to Boyle Disposal upon its acceptance of the Materials. Boyle Disposal will never take title to Non-Conforming Waste, and title to such Non-Conforming Waste shall always remain with Customer notwithstanding the fact that physical possession may have passed to Boyle Disposal.

5. Equipment. Any equipment furnished by Boyle Disposal (the “Equipment”) to Customer shall remain the property of Boyle Disposal at all times. Customer agrees to not overload by weight or volume, or alter Equipment in any way, and will take all reasonable precautions to prevent others from doing the same. Equipment is to be used only for its intended purpose. Customer will provide unobstructed access to Equipment on all Service days. In the event that Equipment is not accessible, or if it is overloaded by weight or volume, Customer may be subject to additional charges. It is Customer’s duty to return Equipment at the end of the Term in good condition subject only to reasonable wear and tear. Customer agrees that in the event that Customer fails to return Equipment in good condition, the Customer shall be solely responsible for repair or replacement of Equipment, and that such determination shall be made at Boyle Disposal’s sole discretion.

6. Payment. Customer agrees to make full payment by the due date stated on Boyle Disposal’s invoice. If Customer fails to make payment as required, Customer will be in breach of this Service Agreement and Boyle Disposal will have the right to discontinue the Services, to retrieve Equipment, and to commence legal action seeking all amounts due. Boyle Disposal may charge, and Customer agrees to pay if so charged, a late fee for all past due payments. Customer will be charged a $35 fee for each cancelled check and for all authorized credit card charges which are declined by the card issuer.

7. Rate Adjustments. Boyle Disposal reserves the right to adjust its rates on no more than an annual basis based upon increased solid waste and recycling disposal rates, significantly increased fuel costs, and regulatory requirements affecting, and outside the reasonable control of, Boyle Disposal.

8. Term. The Term of this Service Agreement shall extend for three (3) years from the effective date indicated on the reverse side. Due to the complexity in planning collection routes and establishing contractual relationships with various disposal facilities, the Term shall be automatically renewed for successive one (1) year periods without further action by either party. This Service Agreement may be terminated by either party at the end of the initial three (3) year period or any one (1) year renewal period upon written notice, sent only by either party by certified mail, return receipt requested, no less than ninety (90) days, but not more than one hundred eighty (180) days, prior to the end of that period.

9. Performance Delays. Boyle Disposal shall not be responsible for delays in performance resulting from weather conditions, other acts of nature, pandemic, or any other conditions beyond its reasonable control.

10. General. Boyle Disposal has the right to transfer/assign this Service Agreement following notice to Customer of at least five (5) days prior to the date of such transfer/assignment. In the event that any provision of this Service Agreement is found by a court of competent jurisdiction to be invalid, void or unenforceable, the invalidity or unenforceability shall affect neither the validity of this Service Agreement nor the remaining provisions, and the provision in question shall be deemed to be replaced with an enforceable provision most closely reflecting the intent and purpose of the original provision. In the event that any legal action is commenced with regard to the subject matter of this Service Agreement (including nonpayment), the parties specifically agree that the prevailing party in such action shall be entitled to have its reasonable attorney’s fees, filing fees, and other reasonable costs incurred in said action fully reimbursed by the non-prevailing party. The parties agree that all times for performance of this Service Agreement are of the essence.

Boyle Disposal truly appreciates your business and continually strives for 100% Customer Satisfaction!