This Service Agreement (Agreement) is entered into as of the 28th day of September, 2022, by and between GDRS Consulting DBA PIN Waste and located at 5694 Mission Center Road, Suite 470 San Diego, CA 92108 (“GDRS”) and ___________, (“Tenant” or “Customer”) part of their Community (“Community”). Each GDRS and Customer or Community may be referred to in this Agreement individually as a “Party” and collectively as the “Parties.”
I understand and agree to each and all of the terms and conditions in this Agreement to Use Electronic Signature. My e-signature is legally binding.
2. Term: This Agreement shall be for a period of use that is consistent with the terms of the Agreement or Commitment between the Community’s HOA, Property Manager or other legal entity in effect with GDRS for other Waste Disposal Services.
3. Compensation for Services Rendered: Tenant or Customer will pay GDRS for all obligations specified in this Agreement. Payments will be made by electronic transfer of funds by ACH or credit card before services are rendered.
Cost for Services shall be charged in accordance with the Agreement or Commitment between the Community’s HOA, Property Manager or other legal entity in effect with GDRS for other Waste Disposal Services. Tenant or Customer is responsible for properly disposing of all waste, recycling, and organics, etc. Any fees charged by the hauler due to incorrect disposal will be passed on to the Tenant or Customer
4. Right to Perform Services: Tenant or Customer represents and warrants that it has the full right, power and authority to enter into this Agreement and permit the Services and other obligations hereunder to be provided to the property selected in this Agreement, and that its execution of this Agreement shall not result in a breach of or default under any other agreement to which Tenant or Customer is a party or by which it is bound.
5. Indemnity: Tenant or Customer shall defend, indemnify and hold GDRS, its affiliates and each of their respective officers, directors, employees, affiliates, agents and tenants or customers (each an "Indemnified Party") harmless from and against any and all claims, losses, liabilities, damages, costs and expenses arising from or related to (i) any breach or alleged breach by Tenant or Customer of this Agreement, including any representations and warranties made by Tenant or Customer in this Agreement, (ii) any negligence, recklessness, willful or intentional act or omission of Tenant or Customer or any of its employees, agents, representatives or subcontractors in the performance of the Services (at GDRS 's facilities or elsewhere) and (iii) any payments or liabilities for which Tenant or Customer is or becomes liable (as described in Section 10 below). If any third party asserts or initiates any claim or action against any Indemnified Party for which Tenant or Customer is responsible for indemnification under this Section 6, GDRS will promptly notify Tenant or Customer of such claim or action after it becomes aware, provided however GDRS 's failure to provide such notice thereof in a prompt manner to Tenant or Customer shall not relieve Tenant or Customer from any obligations owed hereunder, except to the extent that Tenant or Customer has been materially prejudiced by GDRS 's failure in giving such prompt notice. GDRS shall have the right to participate at its own expense in the defense of such claim or action, including any related settlement negotiations. No such claim or action shall be settled or compromised without GDRS 's express written consent, which consent may be withheld or conditioned by GDRS at its sole discretion, including requiring the execution of a full and complete release of all claims and actions made against the Indemnified Parties by each party bringing any such claims or actions. GDRS shall have the right to withhold from any payments due to Tenant or Customer the amount of GDRS 's actual and projected costs of defending or settling any such claim or action, plus any other reasonable additional amounts, as security for the performance by Tenant or Customer of its obligations under this Section 6.
Tenant or Customer agrees to indemnify, defend and save GDRS harmless from and against any and all liability by which any entity sub-contracted by GDRS may be responsible for as a result of any injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by Tenant or Customer’s breach of this Agreement or by any negligent act, negligent omission or willful misconduct of Tenant or Customer or its employees, agents or contractors in the performance of this Agreement or Tenant or Customer s use, operation or possession of any equipment furnished by the Tenant or Customer.
7. Dispute Resolution
8. Entire Agreement: This Agreement contains the entire understanding between the Parties and supersedes and cancels all prior agreements of the Parties, whether oral or written, with respect to such subject matter.
9. Notices: Any notice or other communication given or made to any Party under this Agreement shall be made electronically in accordance with the email provided. Notices to GDRS may be sent to email@example.com. Should Tenant or Customer require notices to be sent other than by electronic means, thereby obtaining out of electronic notification, they shall send an email to the above email address or to GDRS at 5694 Mission Center Road, Suite 470, San Diego, CA 92108 by certified or registered mail, return receipt requested, opting out of electronic notifications.
10. Waiver: No Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.
11. Miscellaneous: This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns. The provisions of this Agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision of this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document.
12. Amendments: No amendment to this Agreement will be effective unless it is in writing and signed by both Parties.
13. Governing Law: The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of California, not including its conflicts of law provisions.
14. Excused Performance: Except for Tenant’s or Customer’s obligation to pay amounts due to GDRS, any failure or delay in performance due to contingencies beyond a party’s reasonable control including but not limited to strikes, riots, terrorist acts, compliance with applicable laws, governmental orders, fires and acts of God and other potential causes shall not constitute a breach of this Agreement
15. General Refunds: We refund residents for what they have paid for in advance for service from the end of the month in which they cancel. We refund via check form only.
16. Events Refunds: If we make a mistake on a pick up and unable to go back out, we will refund you in the full amount for that item. Alternatively, we can add a credit to their account or provide a refund check in the mail.
IN WITNESS WHEREOF, the Parties have executed this agreement as of the date first written above
GLOBAL DISPOSAL REDUCTION SERVICES, INC.
Tenant or Customer