Terms and Conditions
Orders by Customers for Services: Customer may place an order for one or more services of Contractor available through this Website. Customer's order will be reviewed by Contractor and is subject to Contractor's acceptance before a contract will be deemed created between Contractor and Customer. Nothing on this Website constitutes an offer on behalf of Contractor, but is rather a solicitation for potential customers to make an offer to Contractor.
Payments: Payment shall be made by Customer to Contractor via credit card at the time Customer submits a request for services via this Website. In the event that Customer's order is not accepted by Contractor, Contractor will refund the payment submitted with the order. Sales, excise and other federal, state and local taxes (other than those based upon Contractor's net income) resulting from the services performed for Customer hereunder shall be paid by Customer. Customer hereby provides to Contractor authorization to use either Customer's MasterCard, American Express, Discover or Visa credit card or Echecks. Customer's payment will be processed by Contractor's secure credit and debit card transaction provider, and the provider will request Customer's card and additional information. Contractor has no access to the information collected by the secure credit and debit card provider and only receives a transactional reference number necessary for Contractor to apply Customer's credit card or debit card payment to Customer's account. If the submitted credit card information is incorrect or invalid, Contractor reserves the right to refuse and/or cease all services to be performed on Customer's behalf. Payment via credit card is subject to the approval of the financial institution issuing the card. Contractor assumes no responsibility or liability if the financial institution refuses to accept or honor Customer's credit card for any reason, and Customer will pay all amounts due promptly thereafter, upon written notice from Contractor.
Contractor's Duties: Contractor shall collect and dispose of and/or recycle all Waste Materials (as defined herein) of Customer placed in the containers provided by Contractor at Customer's service address.
Waste Material: "Waste Materials" means all non-hazardous solid waste and recyclable materials generated by Customer or at Customer's service address. Waste Materials excludes special waste not approved by Contractor and radioactive, volatile, highly flammable, explosive, toxic or other hazardous materials, including, but not limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, or applicable state law. Contractor shall acquire title to Waste Materials when they are loaded into Contractor's trucks. Title to and liability for any waste excluded from the definition of Waste Materials shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Contractor from and against any and all damage, penalties, fines and liabilities resulting from or arising out of such excluded waste.
Customer's Duties: Customer shall not make any alterations, repairs or improvements to the containers/equipment without prior written consent of Contractor. Customer shall be responsible for the cleanliness and safekeeping of containers/equipment provided by Contractor. Customer shall hold harmless and indemnify Contractor against all claims, lawsuits and any other liability for injury to persons or damage to property arising out of the possession or use of the containers/equipment by Customer. Customer shall have no right, title or interest in such containers/equipment. Customer shall not overload the containers, nor use them for incineration purposes, and shall be liable to Contractor for loss or damage to the containers in excess of reasonable wear and tear. In the event an overweight fine is sustained by Contractor as a result of transporting a roll-off container loaded by Customer, Customer shall reimburse Contractor in the amount of such fine. Customer (except for any Customer who requests service for a location within the city limits of the City of Chicago) agrees to obtain all licenses and permits that it is required to obtain under applicable laws and regulations to enable Contractor to provide the services ordered by Customer.
Access; Damage To Pavement: Customer warrants that it will provide unobstructed access to the containers/equipment at its service address and that any right of way provided by Customer is sufficient to bear the weight of Contractor's equipment and vehicles. Customer agrees that it will be responsible for any damage to its pavement, subsurface, curbing or other surfaces resulting from the weight of Contractor's equipment and vehicles providing service at Customer's location.
Additional Charges: The prices set forth from time to time on this Website for services are based upon certain assumptions by Contractor as to the likely weight, content and location of Waste Materials to be collected. Notwithstanding these prices Contractor shall be entitled to bill Customer for additional charges if the Waste Materials and collection thereof were not in accordance with Contractor's assumptions or due to any change in the composition of the Waste Materials or any increase above the maximum weight per container of Waste Materials, relocation of containers, increased costs due to changes in local, state or federal laws or regulations, imposition of taxes, fees or surcharges and costs incurred by reason of acts of God such as floods and fires.
Service Standards: All services will be performed in a good and workmanlike manner and will be covered by public liability and worker's compensation insurance. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL NOTIFY CONTRACTOR WITHIN (3) BUSINESS DAYS OF THE DATE OF ANY ALLEGED SERVICE DEFICIENCY.
LIMITATION OF LIABILITY: Contractor shall not be liable for any damages to pavement, subsurface, curbing or other surfaces resulting from Contractor's equipment and vehicles providing service at Customer's location. Contractor will, however, indemnify, defend and save Customer harmless from and against any liability or loss which Customer may incur as a result of bodily injuries, property damage, or any violation of law, to the extent caused by any gross negligence or willful misconduct of Contractor or its employees which occurs during the collection or transportation of Customer's Waste Materials. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR FOR SERVICES AND/OR EQUIPMENT PROVIDED HEREUNDER.
Choice Of Law: This contract shall be governed by the laws of the State of Illinois.
Entire Agreement: These Terms and Conditions make up the entire agreement between Customer and Contractor with respect to Customer's order of services pursuant to this Website. However, Contractor is entitled to change these Terms and Conditions from time to time.
Limitation of Liability for Security Breaches: Customer recognizes and agrees that when submitting personally identifiable information to www.groot.com, while Contractor has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE CONTRACTOR'S EFFORTS, CONTRACTOR SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTION OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY CUSTOMER, EVEN IF CONTRACTOR HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONTRACTOR DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.