ONLY CLEAN SOIL MATERIALS CAN AND WILL BE ACCEPTED into Mazza Recycling Services and The Mazza Mulch Company at 3230 Shafto Rd., Tinton Falls NJ. Customer certifies that all materials brought to the Facility meet the clean fill standards established by the New Jersey Department of Environmental Protection; and all applicable site specific permit conditions and requirements.
Mazza Recycling Services and affiliates reserves the right to require up-front laboratory analyses, at the Customer's expense, of materials prior to delivery to the Facility. Mazza Recycling Services and affiliates will have the right to screen loads delivered and to collect samples as required by Mazza Recycling Services and affiliates, the New Jersey Department of Environmental Protection and/or other governmental agencies. Materials deemed by Mazza Recycling Services and affiliates, in its sole discretion, not meeting the clean Fill criteria will be rejected by Mazza Recycling Services and affiliates.
Mazza Recycling Services and affiliates has the right to reject any clean fill materials for any reason or no reason whatsoever. Any materials rejected by Mazza Recycling Services and affiliates, shall be immediately removed from the property by the shipper. Any impacted (non- clean) materials or materials otherwise rejected by Mazza Recycling Services and affiliates shall be reloaded onto the shipper's trucks at the Customer's cost and immediately removed from the property by the Customer.
Customer shall remain liable for any non-clean fill material brought to and/or disposed of at the property. Any non-clean fill material discovered after the Customer has left the property may be reloaded by Mazza Recycling Services and affiliates, and properly disposed of by Mazza Recycling Services and affiliates at the Customer's cost. Any costs and expense, including attorney's fees, incurred by Mazza Recycling Services and affiliates associated with the proper disposal of non-reclamation fill materials and any other materials affected thereby shall be paid by Customer immediately upon receipt of Mazza Recycling Services and affiliates' invoice. Customer agrees to pay for all materials disposed of at the property within 30 days of the first statement date, thereafter payment is past due. No FINANCE CHARGE is imposed if payment is received within 15 days of the first statement date. Customer agrees to pay a FINANCE CHARGE on amounts past due computed by periodic rate of 1 ½% per month, which is AN ANNUAL PERCENTAGE RATE of 19.6%, applied to the past-due balance after deducting current payments or credits.
Customer and driver of the truck agree that access to the property is provided to the driver and the Customer at their own risk and Mazza Recycling Services and affiliates accepts no responsibility for any accidents, injury, harm or damage to Customer, driver and/or their equipment.
Customer shall indemnify, defend and hold harmless the Mazza Recycling Services and affiliates, the owner of the Facility and their subsidiaries, affiliates and parent corporations, as applicable and their respective officers, directors, shareholders, lenders, employees, subcontractors and agents from and against any and all claims, suits, losses, liabilities, assessments, damages, fines, costs and expenses, including reasonable attorney's fees, and any inspection, testing, studies and/or analysis and the cost thereof, arising from, associated with or connected in any way to: (i) Customer and/or Customer's officers', directors', employees', agents', subcontractors', or representatives' activities, and/or operations; (ii) any materials transported to the Facility by Customer and/or Customer's employees, agents, haulers, transporters, subcontractors or representatives; (iii) any breach of this Agreement by Customer and/or any of Customer's officers, directors, employees, agents, subcontractors or representative; (iv) any negligence, negligent acts or intentional acts of the Customer, and/or Customers' employees, agents, haulers, transporters, subcontractors or representatives; (v) the collection, transportation and/or disposal of any materials transported to the Facility by Customer and/or Customer's employees, agents, haulers, transporters, subcontractors or representatives including, but not limited to materials originating from or connected in any way to the Property/Project of Origin; and (vi) any removal of any materials transported to the Facility by Customer and/or Customer's employees, agents, haulers, transporters, subcontractors or representatives. This indemnification and other obligations stated in this paragraph shall survive the termination of this Agreement.
Rights of Refusal/Rejection. The Customer shall inspect all materials to be transported to the Facility at the place(s) of collection and shall remove any and all non-reclamation materials. Mazza Recycling Services and affiliates, has the right, at Mazza Recycling Services and affiliates sole discretion, to refuse or to reject after acceptance, any load(s) of materials delivered to the Facility including, but not limited to, if Mazza Recycling Services and affiliates, believes the Customer has breached (or is breaching) its representations, warranties, covenants or agreements hereunder, or any applicable federal, state or local laws, regulations, rules or orders, even if only a portion of such material load is unacceptable. Mazza Recycling Services and affiliates shall have the right to inspect all vehicles, haulers and containers of materials. Mazza Recycling Services and affiliates exercise, or failure to exercise, its rights hereunder shall not operate to relieve the Customer of its responsibilities or liability under this Agreement. The Customer shall be responsible for, and bear all reasonable expenses and damages incurred by Mazza Recycling Services and affiliates and/or the owner of the Receiving Facility as a result of the transporting of any materials to the Facility including, but not limited to the reloading and removal of materials transported to and/or disposed of at the Facility. The Owner, may also, in its sole discretion, require the Customer to promptly remove unacceptable materials.
By their signature on Page 1 of this Clean Fill Source Approval Information Sheet, the Customer acknowledges and agrees to these terms and conditions on behalf of the driver and the Customer.
