Terms of Service

1. The location of the container will be chosen by the Customer upon ordering a service. Howard Companies reserves the right to reject service if the location is considered unsafe or inaccessible. The Customer is responsible for providing a safe location at all times. If deemed unacceptable, the Customer may be charged for the attempted service.
2. Howard Companies shall not be responsible for damage to lawns, driveways, sidewalks, or similar surfaces during placement, removal, or servicing of any container. The Customer releases Howard Companies from liability for such damage and assumes full responsibility for container placement.
3. The container must always be accessible. The Customer must provide clear space for servicing, including no parked vehicles, equipment, materials, locked gates, unstable surfaces, or other obstructions. If inaccessible, the Customer will be subject to attempted haul charges.
4. Containers are not to be moved, pushed, pulled, altered, or damaged by Customer equipment. The Customer will be charged for any losses or repairs due to damage.
5. Containers must be loaded level to the top line. Excessively heavy materials or overloading may result in denied service. The Customer must resolve the issue before hauling. Trip fees and over-tonnage charges may apply.
6. Separated material loads (cardboard, wood, metal, concrete/asphalt, trash, etc.) must be free of contamination. Contaminated loads will be redirected, and associated disposal charges will apply. Concrete, dirt, and unpainted block materials must be loaded in 10-, 15-, or 20-yard boxes only. No trash is permitted in clean fill boxes.
7. Unacceptable materials include (but are not limited to): tires, fuel tanks, filters, appliances containing freon, light ballast, batteries, asbestos, hazardous or flammable materials, oil, paint, medical waste, chemicals, or any materials prohibited by law. Special Waste requires prior approval and must be separated. Additional charges, fines, or penalties may apply.
8. Payment is due per invoice terms, including additional disposal or tonnage charges. Late invoices are subject to late fees.
9. Customers shall indemnify and hold harmless Howard Companies against all claims, damages, penalties, attorney fees, and costs arising from breach of this agreement. If property is abandoned, repossessed, or sold, Howard Companies will retrieve its container and leave contents at the property owner’s expense.

This Agreement is a legally binding contract between Howard Companies, Inc. (the “Company”) and the party listed on the front of this Agreement (the “Customer”).

1. The Customer is responsible for cleanliness and safekeeping of equipment.
2. No alterations without prior written consent of the Company.
3. No overloading or incineration use; Customer liable for damage beyond normal wear.
4. Customer warrants no hazardous or toxic waste materials will be delivered. If such materials are provided, Customer assumes all related costs, penalties, return expenses, and legal fees, and indemnifies the Company fully.
5. All Company equipment remains the property of the Company unless purchased.
6. Customer agrees to defend and indemnify the Company against liability related to equipment use.
7. Customer must provide clear access for collection. Blocked equipment may result in one additional attempt; further attempts are classified as a “special pick-up” and charged accordingly.

Customer shall pay monthly for collection and disposal services per the fee schedule. Payment is due within ten (10) days of invoice receipt. Accounts over thirty (30) days overdue may accrue interest at 18% per annum or the maximum allowed by law. Accounts more than sixty (60) days delinquent may result in termination and equipment removal.

The Company may adjust fees annually based on the Consumer Price Index and may increase fees at any time to reflect increases in disposal, fuel, or insurance costs.

The Agreement term is a minimum of one (1) year and automatically renews for successive one-year terms unless written termination notice is provided via certified mail at least ninety (90) days prior to expiration.

Early termination outside specified conditions requires payment of liquidated damages equal to six (6) months of service charges (calculated from the most recent six-month average or most recent monthly charge × 6).

Customer grants the Company right of first refusal for recycling services. If Customer elects third-party recycling, written notice must be provided, and the Company may match standard recycling terms and pricing.

Customer warrants access routes can bear the weight of Company vehicles. The Company is not responsible for private pavement damage unless caused by negligence. The Company will indemnify the Customer for injuries or property damage caused by Company operations.

In the event of breach by the Customer, the Company is entitled to reasonable attorney fees through any appellate process.

• Time is of the Essence: Written dissatisfaction must be submitted via certified mail; Company has 72 hours to remedy.
• Governing Law: State of Indiana.
• Binding upon successors and assigns.
• Severability applies to invalid provisions.
• No waiver of breach constitutes waiver of future breaches.
• This Agreement supersedes all prior verbal and written agreements.