Last updated: 8/29/2024

 Terms of Service – Sanitation and Climate Control Equipment

By accepting this Agreement, the “Bill To” party on the Invoice (“Customer”) agrees with On Site Companies, Inc. (“On Site”) to these terms and conditions (“Terms”) for the rental of the equipment identified in the Invoice (“Equipment”).

1. TERM

The term of this Agreement shall commence on the date referred to on the Invoice and shall continue from month to month (based on 28 days) thereafter, until the later of (i) the date the Agreement is terminate and the Equipment has been redelivered to On Site as hereinafter provided, or (ii) the end of the minimum rental period (one, 28 day period).

2. PAYMENT AND BILLING TERMS, BILLING MINIMUMS

• Payment Terms
  1. Credit Card Terms: Under this payment arrangement, the service or product provider requires that payment be made via credit card. Two key sub-categories are:
     1. Valid Card on File: This stipulates that the customer must maintain a valid credit card on file with the provider. Failure to maintain a valid credit card may result in a breach of the payment terms.
     2. Auto-Pay: This condition requires automatic billing. By opting into this arrangement, the customer consents to the automatic deduction of payments from their credit card on a recurring basis, as specified in the agreement. The customer must ensure that sufficient funds or credit are available in the account to cover these automatic charges.
  2. Net Terms: This payment term specifies a defined period, known as the “net period,” during which the payment for an invoice is due. The net period is calculated from the date of the invoice issuance. For instance, under “Net 30” terms, the payment must be made within 30 days from the invoice date. The customer is obligated to make the payment within the agreed timeframe, and failure to do so may result in late fees or other penalties as stipulated in the contract.
  3. Pre-Pay: This term requires that the payment be made in advance of the delivery or provision of the service. Specifically, payment must be received by the provider no less than 15 days prior to the scheduled delivery date. Non-compliance with this term may result in a delay or cancellation of the delivery.
• Billing Terms
  1. 28-Day in Advance Billing: Under this billing arrangement, the provider invoices the customer on a fixed 28-day cycle prior to the provision of services. Specifically:
     1. Billing Schedule: The billing is conducted every 28 days, and the invoice covers services or Equipment that will be rendered or provided in the forthcoming 28-day period.
     2. Payment Obligation: The customer is obligated to remit payment prior to or on the specified date as outlined in the invoice to ensure continued access to services.
  2. 28-Day in Arrears Billing: This term refers to a billing process where the customer is invoiced on a regular 28-day cycle, but the billing covers services already rendered during that cycle. Specifically:
     1. Billing Schedule: The invoice is issued every 28 days and covers the services or Equipment provided during the preceding 28-day period.
     2. Payment Obligation: Payment is due after the services have been rendered, following the end of the 28-day cycle. The customer must ensure that payment is made in a timely manner to avoid any service interruptions or late fees.
  3. Monthly Billing: This term stipulates that billing is conducted on a monthly basis. Specifically:
     1. Billing Schedule: Invoices are issued on the last day of each calendar month, and the invoice covers the services or Equipment provided during the entire previous month.
     2. Payment Obligation: Payment is due according to the terms set forth in the invoice, which generally requires payment within a specified number of days following the invoice date.
  4. Non-Recurring Billing: Under this billing arrangement, charges are processed at the time of order entry rather than on a recurring basis. Specifically:
     1. Billing Schedule: An invoice or charge is generated, and payment is processed immediately upon the entry of the order.
     2. Payment Obligation: The customer is required to make payment at the time of placing the order or immediately following the completion of the order entry process. This arrangement is typically used for one-time purchases or single-instance services and does not involve ongoing or periodic billing.

• Billing Minimums
  1. 28-Day Sanitation Minimum: Under this billing minimum, the customer is required to commit to a minimum billing period of 28 days for sanitation Equipment. Specifically:
     1. Minimum Service Period: The customer must engage the sanitation services for no less than 28 consecutive days.
     2. Billing Obligation: Regardless of actual service usage within this period, the customer is billed as if the service was provided for the full 28 days. Early termination or reduction in service may not result in a prorated refund, and the full amount for the 28-day minimum period remains due.
  2. 14-Day Climate Control Minimum: This billing minimum stipulates that the customer must utilize climate control Equipment for a minimum duration of 14 days. Specifically:
     1. Minimum Service Period: The customer is obligated to maintain the climate control services for at least 14 consecutive days.
     2. Billing Obligation: The customer is invoiced based on this minimum duration. If services are used for less than 14 days, billing will still reflect the 14-day minimum charge, and no adjustments will be made for a shorter service period.
  3. 3-Day Thaw Boxes Minimum: This term requires that the customer commits to a minimum usage period of 3 days for Thaw Boxes. Specifically:
     1. Minimum Service Period: The customer must rent or use the thaw boxes for no fewer than 3 consecutive days.
     2. Billing Obligation: Charges will be assessed based on this minimum period. If the customer returns the thaw boxes before the 3-day minimum, they will still be billed as though the boxes were used for the full 3 days.
  4. 7-Day Thaw Blankets Without a Ground Heater Minimum: This term mandates a minimum rental period of 7 days for thaw blankets, specifically when not accompanied by a ground heater. Specifically:
     1. Minimum Service Period: The customer must rent the thaw blankets for at least 7 consecutive days.
     2. Billing Obligation: Billing will be based on this 7-day minimum duration. Early return of the blankets will not result in a prorated adjustment.
  5. 7-Day Air Conditioning Minimum: This billing minimum requires that air conditioning Equipment be utilized for a minimum period of 7 days. Specifically:
     1. Minimum Service Period: The customer must engage the air conditioning Equipment for no less than 7 consecutive days.
     2. Billing Obligation: The customer will be billed based on this 7-day minimum period. If the services are discontinued before the 7 days, the customer will still be charged for the full 7-day minimum.
  6. 7-Day Special Event Rental Minimum: This term establishes a minimum rental period of 7 days for Equipment to a special event. Specifically:
     1. Minimum Rental Period: The customer is required to rent the equipment or services for a minimum of 7 consecutive days.
     2. Billing Obligation: Charges are applied based on this 7-day minimum rental period. No reductions in billing will be made for a shorter rental duration, even if the Equipment is returned or concluded before the 7-day period.

Propane rental requires a deposit at time of order placement.

All past due amounts under this Agreement shall bear interest at the rate of 1.5% per billing cycle (or at the highest rate permitted by law) from the date due until paid. This Agreement shall be effective immediately and shall continue in effect until On Site receives written notice of termination from Customer, which shall be no less than seven (7) days after On Site receipt of said notice of termination.

3. POSSESSION, USE AND MAINTANCE OF THE EQUIPMENT

The Equipment shall be kept by Customer:

(a) in good condition and repair (ordinary wear and tear excepted);

(b) supplied with all necessary parts;

(c) at the delivery location referred to on the face hereof;

(d) subject to inspection by On Site;

(e) free of all security interests and other claims, and

(f) conspicuously labeled to disclose On Site’s ownership, which Customer shall also maintain and shall not remove or deface. The Equipment leased to Customer shall only be used for intended uses, and for no other reason whatsoever. No perishables, inflammables, explosives or hazardous goods or property shall be placed within or near the Equipment, unless required for the use of the Equipment. Customer shall be responsible for all damage or loss to On Site as a result of said events. Customer shall not permit the Equipment to become or remain a fixture to any real estate.

4. CANCELLATIONS

Cancellation of a special event order more than 48 hours before delivery date is subject to a  refund of 50% of the quoted total. Cancellation of a special event order made within 48 hours is subject to a refund.

Cancellation of a delivery upon arrival for a recurring portable restroom rental will be subject to a trip charge.

5. UNIT DELIVERY, LOCATION, AND RETRIEVAL

On Site will not be held responsible for Customer’s failure to designate Equipment placement at time of order. If Equipment is set in an undesired area because Customer failed to designate placement area On Site reserves the right to issue a trip charge, plus fuel costs.

Customer agrees not to remove Equipment from site or permit the Equipment to be removed from the site without notification of doing so to On Site.

6. EQUIPMENT USE AND ACCESS

Customer will immediately notify On Site and discontinue use of Equipment that is or becomes unsafe or dangerous. Customer shall provide unobstructed access to Equipment on the day of servicing or removal or be subject to a trip charge plus fuel costs, and/or delayed service or removal.

Customer grants On Site the right and privilege to enter on the real property where the Equipment is located as well as access to the Equipment at reasonable times, for the purpose of inspection, or for making such repairs or alterations as may, in On Site’s opinion, be necessary or proper, or for the purpose of determining whether the Customer is in conformity with the terms and conditions of this Agreement.

Customer shall furnish On Site a duplicate key/keys to any Equipment that has a lock for the purpose of permitting entry by On Site or On Site’s as provided above. Customer agrees that when the Equipment is located on property not owned by Customer, then Customer will obtain the consent of the owner of that real property to On Site’s right to enter for all purposes provided for under this Agreement.

7. INDEMNIFICATION

Customer shall indemnify, defend and hold harmless On Site from and against all claims, lawsuits, damages, losses, expenses, fines or penalties of any kind (“Claims”) directly or indirectly arising out of the rental, Equipment or this Agreement. Customer also acknowledges that On Site has no responsibility or indemnification obligations related to or arising out of this Agreement.

8. LIMITATION OF LIABILITY

Customer acknowledges and agrees that its maximum recourse against On Site, and On Site’s maximum liability, for any Claims arising out of, or any way related to this Agreement, or the Equipment, shall be strictly limited to the amount On Site charged to Customer under this Agreement.

Customer shall bear the risk of loss and damage to Equipment. In the event of damage, other than damaged caused directly by On Site, Customer shall pay the cost or repair or replacement.

In no event shall On Site be liable for any i) expense of any kind arising out of or related to the rental of the Equipment; ii) incidental, indirect, special or consequential damages (including, but not limited to damage to grounds due to Customer’s delivery instructions), or; iii) any amount in excess On Site receives from Customer as payment under this Agreement.

9. DISCLAIMER OF WARRANTIES AND LIABILITIES.

Customer acknowledges and agrees that On Site does not provide any warranty, express or implied, as to any matter whatsoever including, without limitations, regarding the condition of the Equipment, its design, its capacity, its performance, or its fitness for a particular purpose. Customer further acknowledges and agrees that On Site disclaims any liability whatsoever for loss, damage or injury to the Customer or any third parties arising from the Equipment, or as a result of any defects, latent or otherwise, with the Equipment.

10. INSURANCE

Customer shall keep the Equipment insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value thereof; and shall carry liability and property damage insurance covering the Equipment and On Site’s operation and handling of the Equipment.

On Site will not and does not have any responsibility to insure Customer’s property and hereby waives all claims against Customer for damages to goods, wares and personal property in, upon or about the Equipment from any cause whatsoever while in Customer’s possession. Customer hereby agrees to hold On Site exempt and harmless and to indemnify On Site from any damages or injury to any person or to the goods, wares and personal property of any person, arising from the use of the Equipment by Customer or from the failure to on Customer to keep the Equipment in good condition and repair.

11. RISK OF LOSS

Customer shall bear the entire risk of all loss, theft, damage, destruction, or other interruption or termination of use of the Equipment, and personal property stored therein, from any cause whatsoever during the term hereof and until the return of the Equipment to On Site. No such loss, theft, damage, destruction or other interruption or termination of use of the Equipment, or personal property stored therein, shall relieve Customer of the obligation hereunder. Customer shall promptly notify On Site in writing of the occurrence of any of the above events and shall promptly pay On Site the Replacement Cost of the Equipment.

12. DEFAULT

If Customer shall be in default in the performance of any of the terms, covenants or conditions of this Agreement, including but not limited to, the covenant for the payment of money under this Agreement, then, at the sole option of On Site, On Site may (a) terminate the Agreement, (b) take possession of the Equipment wherever the same may be found, with or without process of law, and for that purpose may enter upon any premises where the Equipment is located; (c) change the locks and refuse access by Customer to the Equipment, and (d) On Site shall have lien on any property of Customer in the Equipment, which On Site may at its sole option exercise, or alternatively waive. By execution of this Agreement, Customer releases On Site and agrees to hold harmless from any and all claims for liability or damages arising or claimed to arise as a result of the options granted to On Site under the terms of this paragraph. Upon default, On Site shall retain all rents, rentals, and other sums paid by the Customer hereunder with respect to such Equipment.

13. TERMINATION

This Agreement may be terminated by either party. Upon the termination of this Agreement, Customer shall surrender the Equipment and all keys thereto, and shall remove all property from the Equipment for pick up by On Site in the same condition and state of repair as at the inception of this Agreement, reasonable wear and tear alone excepted.

14. CHOICE OF LAW

This Agreement shall be governed by the laws of the State of Minnesota. There shall be no presumption or inference against the party drafting this Agreement in construing or interpreting its provisions. This Agreement constitutes the entire agreement between the parties with regard to its subject matter, superseding all prior negotiations and agreements, and shall not be amended, altered or changed except in writing signed by both parties. The parties hereto irrevocably and unconditionally waive, to the fullest extent possible, their right to a jury trial in any suite, action, or proceeding on any matter arising from or relating to these Terms.

15. WINTER, ENVIRONMENTAL, AND FUEL FEES

(a) Due to winter climate conditions, On Site will impose a winter service charge which covers the additional costs related to, but not limited to freeze prevention costs, and additional labor.

(b) Customer agrees to environmental fee.

(c) Customer agrees that On Site may increase its fuel surcharge to adjust for any increase to On Site costs.

16. DAMAGE WAIVER

Customers choosing to opt-out of the damage waiver program must sign and return a release form to avoid the additional charge. Customer is still responsible for all personal injuries or property damage as set forth in the rental agreement. The damage waiver is valid for all instances of damage except damage due to Customer’s neglect or misuse.

17. PERMITS AND CONTRACTORS

Customer is responsible for following any city or local codes requiring Burner Permits or LP Permits. Certain local governments require a mechanical contractor to make connections to fuel source. An electrician is required for AC units power connections 3.5 ton and above, and for power on P1800 and above electric units.

18. GROUND HEATER FUEL

Diesel fuel is required on all ground heaters. On Site has diesel fuel fills available.

 

Special Event Terms:

 

SPECIAL EVENT PAYMENT TERMS FOR RESTROOM/SHOWER TRAILERS

50% deposit for prepayment term orders placed 30 days or more prior to the delivery date.

All orders subject to prepayment terms not paid in full 30 days prior to the delivery date could be subject to loss of their reservation.

No equipment will be delivered without prior payment in full unless credit terms have been previously approved by On Site.

Pre-approved customers with net credit terms will be invoiced.

The customer may cancel, increase or reduce quantities, revise specifications or extend schedules by mutual agreement with On Site which may be subject to price adjustments.

SPECIAL EVENT PAYMENT TERMS FOR PORTABLES

All small event orders are pre-paid. No order will be entered without payment (check or credit card).

All orders subject to prepayment terms (paying with a check) not paid in full two weeks prior to delivery date may be be subject to loss of their reservation.

No equipment will be delivered without prior payment in full. If credit card declines, order is placed on hold until payment is secured.

The customer may cancel, increase or reduce quantities, revise specifications or extend schedules by mutual agreement with On Site Companies which may be subject to price adjustments.