Indemnification and Release. Customer agrees to defend, indemnify, and hold harmless EnviroDispose from (and otherwise compensate or reimburse EnviroDispose for) any and all expenses, damages, penalties, fines and liabilities resulting from or arising out of the failure to properly prepare premises for delivery or pick-up of the receptacle, failure to properly maintain and control the use of the receptacle, failure to exclude prohibited Items from being deposited in the Receptacle, or any other failure of the customer to comply fully with any other obligation, term, or provision of this Agreement or with any applicable law, regulation, or governmental order. To the maximum extent permitted by law, Customer hereby releases EnviroDispose and agrees to defend, indemnify, and hold harmless EnviroDispose from any and all claims of Customer or any of its employees, agents, subcontractors, licensees, invitees, or guests, or any other party, arising out of or in connection with the premises or the receptacle, including, but not limited to personal injury, real and personal property damage for any damages to driveway or concrete related to waste disposal and hauling services, wrongful death, failure to warn and negligent instruction.
Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, ENVIRODISPOSE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY USE OF RECEPTACLE OR SERVICES PROVIDED BY OR FURNISHED BY ENVIRODISPOSE, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES REGARDING OWNERSHIP, MERCHANTABILITY, SUITABILITY, OR FITNESS FOR ANY PURPOSE.
Limitation of Liability. If EnviroDispose or any of its affiliates, or any of their respective officers, directors, employees, agents, subcontractors, or shareholders, is ever liable to Customer for one or more breaches, disputes, controversies or claims arising in connection with or relating to this Agreement or any receptacle ordered or used by Customer (whether any such breach, dispute, controversy or claim is based upon contract, tort, statute, equity or any other legal theory), then: (a) the cumulative amount of all damages and penalties, if any, recoverable by Customer for all such breaches, disputes, controversies and claims will not exceed, in the aggregate, an amount equal to the total amount of the fees paid by Customer to EnviroDispose for the order to which it relates; (b) recovery of such amount as limited hereby will be Customer’s sole and exclusive remedy; and (c) Customer releases EnviroDispose, its affiliates, and their respective officers, directors, employees, agents, subcontractors, and shareholders, from any and all liability in excess of such amount.
IN NO EVENT WILL ENVIRODISPOSE OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, OR SUBCONTRACTORS, BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR (a) ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ENVIRODISPOSE OR SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (b) PUNITIVE OR EXEMPLARY DAMAGES, OR (c) DAMAGES THAT COULD HAVE BEEN AVOIDED, USING REASONABLE DILIGENCE, BY CUSTOMER OR SUCH OTHER PERSON.
EnviroDispose LLC does not provide receptacles for rental purposes. All final invoice pricing is based solely on pickup, hauling and weight/volume disposal fees.