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Service Agreement Terms and Conditions
Please Read Carefully
Knox Junk Solutions, LLC, Knox Junk, or KnoxJunk.com (referred to as “Company”) is committed to providing waste removal services and dumpster equipment to its customers under the terms and conditions outlined in this Service Agreement. By placing an order and accepting the Services, the Customer acknowledges and agrees to these terms and conditions, along with any supplemental terms specified in related service documents such as quotations, proposals, service agreements, acknowledgments, and invoices (collectively referred to as “Service Documents”). This Service Agreement, together with the Service Documents, constitutes the entire agreement between the Company and the Customer for the provision of Services, applicable to both commercial and residential orders.
1. Acceptance; Contract Formation
This agreement (hereinafter referred to as the “Service Agreement”) establishes a binding and enforceable contract between Knox Junk Solutions, LLC, Knox Junk, or knoxjunk.com (referred to as the “Company”) and the Customer. By placing an order and accepting the Waste Removal Services provided by the Company, the Customer acknowledges their assent to and acceptance of all the terms and conditions outlined in this Service Agreement and any supplemental terms in related service documents (referred to collectively as the “Service Documents”). This Service Agreement, along with the Service Documents, constitutes the entire agreement between the Company and the Customer regarding the Waste Removal Services.
2. Ordering Process
The Customer can initiate Service orders with Knox Junk by contacting the Company via telephone or through their website at KnoxJunk.com. It is important to note that all service orders are subject to the Company’s ability to arrange for the requested Services through its network of subcontractors and vendors. The Customer is solely responsible for contacting the Company to commence the Services and arrange for the final pickup of the Equipment as outlined in Section 3 of this Service Agreement. Please refrain from using any telephone numbers posted on or adhered to the Equipment, as they belong to third parties and should not be used to contact the Company.
3. Delivery and Pickup of Equipment
Knox Junk will make commercially reasonable efforts to ensure the timely delivery and pickup of the Equipment. However, please understand that certain circumstances beyond the Company’s control, such as inclement weather, hazardous roads, traffic delays, and equipment failure, may impact the delivery times and dates. The Company cannot guarantee specific delivery times or dates and will not be liable to the Customer for any costs, expenses, losses, or damages incurred due to such delays.
Upon the delivery of the Equipment to the designated location as specified by the Customer, it is important that the Customer does not move or transport the Equipment without prior notice and consent from the Company. The Company reserves the right to withhold consent at its sole discretion. In the event that the Company attempts to deliver or pick up the Equipment but is unable to do so due to reasons beyond its control, such as overloaded Equipment, blocked access, or the storage of prohibited items, a “Dry Run” situation occurs. In such cases, the Company is entitled to charge a Dry-Run/Trip Fee, which is a minimum of $200. If additional charges, fees, fines, or expenses are incurred during the Dry Run, the Company may increase the Dry-Run/Trip Fee accordingly. The Customer acknowledges and agrees that the Company is authorized to charge the Customer’s credit card for any such Dry-Run/Trip Fee.
The Customer is solely responsible for any fees, penalties, fines, assessments, charges, costs, and expenses asserted by third parties, such as towing companies, that are incurred in connection with the movement, placement, and/or use of the Equipment. If the Customer violates or breaches the terms of this Service Agreement, the Company may, within its sole discretion and without prior notice, pick up the Equipment without any liability to the Customer. The Company also reserves the right to pick up the Equipment if required by local, county, or state law or by order of any government agency.
4. Prices and Payment Terms
The prices for the Waste Removal Services provided by Knox Junk are displayed on the KnoxJunk.com website. Please note that these prices are intended to be illustrative, and the Company reserves the right to modify the applicable pricing at its sole discretion. The specific prices for each Service transaction will be confirmed by the Company at the time the Customer places an order for the Services. Unless otherwise mutually agreed in writing, the Customer is required to make payment for the Services via credit card. By accepting these terms, the Customer expressly authorizes the Company to retain their credit card information and charge their credit card on a monthly basis for service fees and any other fees and charges due under this Service Agreement. This credit card authorization will remain valid and in full force for the duration of the applicable service period and for up to 120 days beyond the last day the Services are provided. If, at any time during the service term, the Company’s authorization to charge the Customer’s credit card is revoked or canceled, either by the Customer or any third party, the Company may, at its sole discretion, immediately terminate the Service, recover the Equipment, and cease providing the Services without notice or liability to the Customer, without prejudice to or waiver of any of the Company’s remedies against the Customer.
5. Cancellation and Cancellation Fees
Once a service order has been placed with and accepted by Knox Junk, it cannot be cancelled by the customer unless the company grants its consent. The decision to accept a cancellation is within the sole discretion of Knox Junk. In the event that we agree to a cancellation after accepting the customer’s order, a cancellation fee will apply. If the cancellation occurs before 3:00 p.m. on the business day preceding the scheduled delivery, the cancellation fee will be no less than $25.00. If the cancellation occurs thereafter, the fee will be no less than $150.00. Please note that these cancellation fees may be charged to the customer’s credit card.
6. Weight Restrictions and Overage Fees
The customer bears sole responsibility for adhering to the weight restrictions applicable to the equipment provided by Knox Junk. It is acknowledged that each item/unit of equipment has a designated weight specification and corresponding weight limitation, which can vary depending on factors such as size, type, and other considerations. The size or volume of the equipment does not solely determine its weight limitations. Additionally, local laws, regulations, and ordinances at the municipal, city, county, and state levels govern and limit the weight and amount of material that can be lawfully stored or transported in the equipment. It is important to note that allowing rain, water, snow, or ice to accumulate in the equipment can increase the weight beyond the applicable restrictions. The customer acknowledges their exclusive responsibility to determine the weight restrictions applicable to their equipment and to strictly comply with these limitations. This includes taking measures such as covering and tarping the equipment to prevent the accumulation of rain, water, snow, or ice. It is acknowledged that Knox Junk incurs charges and expenses associated with transporting loaded equipment to landfills, and these costs are based on the weight of the equipment. Failure to comply with the weight restrictions may result in Knox Junk incurring charges, expenses, penalties, or fines from landfills or other third parties, including traffic fines and penalties or other consequential damages (referred to as “Overage Expenses”). If Knox Junk incurs any such Overage Expenses due to the customer’s failure to comply with weight restrictions, the customer agrees to pay Knox Junk an Overage Fee of no less than $200.00 per ton exceeding the applicable weight restriction for the equipment. The determination of the Overage Fee will be made at the sole discretion of Knox Junk. It is acknowledged and agreed that all Overage Expenses and Overage Fees assessed by Knox Junk against the customer may be charged to the customer’s credit card.
It is acknowledged by the Customer that specific locations or uses of the Equipment may necessitate obtaining permits, licenses, certifications, or other forms of approval from local, municipal, city, county, and/or state authorities regarding the possession, placement, storage, and/or transportation of the Equipment (collectively referred to as “Permits”). The Customer represents and warrants to Knox Junk that the sole responsibility for acquiring and maintaining all necessary and required Permits related to the possession and use of the Equipment lies with the Customer, not the Company. If the Customer fails to obtain or maintain the necessary Permits, Knox Junk may retrieve the Equipment without prior notice to the Customer, without incurring any liability, or being responsible for any consequences to the Customer.
8. Use of Logos in Marketing
The Customer hereby grants Knox Junk the explicit right to utilize the Customer’s company logo solely for identification purposes as a customer of the Company in marketing, sales, financial, public relations materials, and other communications. Except as expressly stated in this agreement, neither party shall utilize the marks, codes, drawings, or specifications of the other party without obtaining prior written permission from the respective party.
9. Prohibited Materials
The Customer acknowledges that various laws, regulations, rules, and ordinances at the local, municipal, city, county, state, and/or federal levels prohibit the storage of specific items, materials, and substances in the Equipment provided by Knox Junk. These prohibited items include, but are not limited to, tires, batteries, tree stumps, railroad ties, chemically treated lumber, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, water heaters and water tanks, food waste, fuels, adhesives, refrigerants, aerosols, and other materials and substances classified as radioactive, volatile, highly flammable, explosive, toxic, special, or hazardous (“Prohibited Materials”). A non-exhaustive list of Prohibited Materials is accessible on Knox Junk’s website for the Customer’s reference.
The Customer acknowledges and agrees that Knox Junk only provides Services for non-hazardous general solid waste, construction and demolition debris, inert waste, and occasionally recyclable materials. The Services do not include the handling or disposal of Prohibited Materials, which are expressly excluded in your city, county, or state. The Customer agrees not to deposit or allow the collection of any Prohibited Materials in the Equipment and acknowledges that they retain full responsibility and liability for any Prohibited Materials at all times. It is the sole and exclusive responsibility of the Customer to comply with all applicable laws pertaining to Prohibited Materials. The Customer shall be held accountable for any charges, costs, expenses, damages, legal fees and costs, losses, fines, and/or penalties, including but not limited to traffic fines and penalties, incurred due to the deposit, storage, and/or transportation of Prohibited Materials in the Equipment.
The Customer agrees to indemnify, defend, and hold harmless Knox Junk, including its officers, directors, members, employees, agents, parent companies, affiliates, subsidiaries, successors, subcontractors, vendors, and assigns, from any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, judgments, debts, fines, penalties, charges, expenses, costs, or other liabilities (referred to as “Losses”) asserted or alleged by any third party. These Losses arise from or are related to: (a) Overage Expenses; (b) the Customer’s failure to obtain and/or maintain any necessary permits; (c) the Customer’s use, storage, or deposit of Prohibited Materials in the Equipment; (d) loss or theft of the Equipment; (e) damage and/or destruction of the Equipment during the service term; (f) personal injury and/or property damage resulting from the Customer’s use and/or possession of the Equipment; (g) physical damage to streets, roadways, driveways, walkways, pavement, curbs, wells, irrigation systems, landscaping, lawn, septic systems, and/or underground utilities caused by the Equipment, including any damage to the Customer’s property caused by leaks or stains related to the Equipment’s use; (h) the Customer’s breach of these terms and conditions or the terms of any Service Documents; and (i) any fees, penalties, fines, assessments, charges, costs, and expenses asserted by a third party, including towing companies, incurred in connection with the movement, placement, and/or use of the Equipment.
11. Waiver; Limitation of Liability and Disclaimer of Warranties
EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST THE COMPANY AND ITS SUBCONTRACTORS, HAULER SUBCONTRACTORS, OR VENDORS RELATING TO OR ARISING FROM THE CUSTOMER’S USE OF THE EQUIPMENT AND/OR THE COMPANY’S, OR ITS SUBCONTRACTORS, HAULER SUBCONTRACTORS OR VENDORS PERFORMANCE UNDER THE SERVICE DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO STREETS, ROADWAYS, OR CUSTOMER’S PROPERTY, PAVEMENT, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, LAWN, WELLS, IRRIGATION SYSTEMS, SEPTIC SYSTEMS AND/OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER’S PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO CUSTOMER’S PROPERTY FROM LEAKS OR STAINS RELATING TO THE USE OF THE EQUIPMENT. THE EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND COMPANY MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET YOUR REQUIREMENTS.
12. Governing Law; Severability
Any and all disputes arising from or in connection with the Services, including, but not limited to, these Terms and Conditions, the Service Documents and/or Customer’s possession and use of the Equipment or Company’s (including its subcontractors and vendors) performance of the Services, shall be construed in accordance with and governed by the laws of the State of Tennessee, U.S.A., including all matters of construction, validity and performance, without giving effect to the conflict of laws provisions of such State. Any provision hereof which may be prohibited by applicable law shall be ineffective to the extent of such prohibition and without invalidating the remaining provisions hereof.
Any legal action arising from or related to the Services, including these Terms and Conditions, the Service Documents, and the Customer’s use of the Equipment or the Company’s performance of the Services, shall be resolved exclusively through arbitration. The arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. There will be one arbitrator, and the arbitration proceedings will take place in the City of Knoxville, Knox County, Tennessee. The substantive law of Tennessee will govern the arbitration, and any judgment rendered by the arbitrator may be entered by any court with jurisdiction. The parties agree to arbitrate their disputes on an individual basis and waive any right to participate in class arbitration or bring claims as a representative or class member. The arbitration may not consolidate claims of more than one person and may not preside over any form of representative or class proceeding. If the prohibition on class arbitration is found invalid or unenforceable, the remaining provisions of this arbitration clause will remain in effect.
The Customer may not assign this service transaction, including the Service Documents, or any part thereof without the prior written consent of Knox Junk. Knox Junk reserves the right to withhold consent at its sole discretion. However, Knox Junk may assign this Service Agreement or the performance of the Services without requiring approval from the Customer.
15. Reservation of Rights
Knox Junk explicitly reserves all rights and remedies available to it under applicable law and equity.
16. Entire Agreement and Modification
These terms and conditions, along with the Service Documents (including any requirements stated on the Knox Junk website), constitute the entire agreement between the Customer and Knox Junk, superseding any previous agreements. Any additional or different terms proposed by the Customer in any request for quotation, purchase order, release, statement, correspondence, acknowledgement, or any other Customer document are hereby rejected and shall have no effect. No changes to this Service Agreement will be valid unless approved by Knox Junk in writing.