1. DEFINITIONS: The following terms, as used in the agreement, shall have the meanings specified in this paragraph.

  1. “Company” shall mean Break it Down, LLC
  2. “Customer” shall mean the customer named on the front page of this Agreement
  3. “Hazardous Materials” shall mean any substance that is toxic, ignitable, reactive, corrosive, acidic, radioactive, volatile, highly flammable or explosive and that is regulated by any local government, state government or United States government, and includes any and all materials or substances that are defined as “hazardous waste”, or a “hazardous substance” pursuant to local, state or federal law or regulation. Hazardous materials include but are not restricted to asbestos, polychlorobiphenyls (PBS) and petroleum.
  4. “Proper Waste Materials” or “Waste” shall mean any recyclable or compostable material which the Company can handle and transport without the requirement of a hazardous or toxic license or permit which does not contain Hazardous Materials.

2. SERVICE FEE: Customer shall pay, on a monthly basis, the service fees and charges designated on the face of this Service Agreement, plus such adjustments as are calculated below.

  1. These terms are subject to change.
  2. Rate: Rates are subject to change due to market conditions with 30 days written notice during which time Customer may change service level or end service with no penalty. 
  3. Sales tax: Customer shall also be responsible for any and all sales tax imposed in connection with services provided under or services arising out of this agreement.
  4. Terms: The Customer shall be billed on a monthly basis by Company. Payments shall be made on a monthly basis by the Customer, and all charges shall be due upon receipt of the Company’s statement. Upon default, thirty (30) days after receipt, this agreement shall become immediately due and payable in full on demand. Customer, one and all, waives all demands for payment, presentations for payment, notice or intent to accelerate maturity, and notice of protest. If this agreement is collected through an attorney for probate, bankruptcy or other proceedings, then the Customer shall pay reasonable attorney’s fees, court costs, interest and other applicable fees. If after sixty (60) days past due payment has not been received, the Company will suspend the Customer’s services and not reinstate service until the full amount is paid. When the full amount is paid, after suspension, the Customer shall pay a reinstatement fee to restart services and resume pickups.
  5. Extra Services: The Company shall be entitled to an upward adjustment for any services or extra pickups performed by the Company. In the case of overflow, the Company shall provide documentation along with a written warning to the Customer. After two such warnings, on the third and any subsequent pick-ups, the Company is entitled to an upward adjustment to the amount communicated to the Customer with the warnings. At any time, the Customer is entitled to a change of service quote for a larger regular volume in order to avoid future warnings regarding overflow.
  6. Contamination: In the event that there is contamination of non-compostable material in the compost containers, the Company may, at its sole discretion, charge a fine per incident  to the Customer depending on the severity of contamination after the second and any subsequent offenses. Additionally, with documentation, the Company may decline to remove containers as per the contract if the Company deems that there is too much non-compostable material in the compost container. This decision is made by the sole discretion of the Company and in such instances it is the responsibility of the Customer to remove contamination from the Container(s) before Customer’s next pickup. If contamination remains, Company will remove the Container(s) and may assess a fine per incident.
  7. Missing/Damaged Equipment: In the event that container(s) go missing or are damaged at no fault of the Company, the Customer shall pay the fee for the total amount of all container(s) missing/damaged. 
  8. Service Changes: Service changes shall be implemented within 10 business days. The new rate for increased service shall be prorated. The new rate for decreases will be effective on the 1st of the next month and will not be prorated.
  9. Locks: Container(s) may be secured to objects and lids may be secured to the container with locks for a monthly premium, or fully unlocked by Customer prior to each pickup for no additional fees. Container(s) stored inside enclosures with a padlock do not require additional fees.
  10. Vacation Holds: Service may be paused for a minimum of thirty (30) days and a maximum of one hundred (100) days with forty five (45) days’ notice, during which time Customer will not be charged for service or restarting service. Billing will be paused on the 1st of the following month.