TERMS AND CONDITIONS TO THE BULK REMOVAL SERVICE AGREEMENT
Last Updated: July 1, 2026
THE FOLLOWING TERMS AND CONDITIONS TO THE BULK REMOVAL SERVICE AGREEMENT (THE “TERMS AND CONDITIONS”) ARE INCORPORATED BY REFERENCE TO AND MADE A PART OF THE BULK REMOVAL SERVICE AGREEMENT (THE “SERVICE AGREEMENT”) BY AND BETWEEN THE PARTY SIGNING AS “CONTRACTOR” ON THE SERVICE AGREEMENT (I.E., EITHER ALLY WASTE SERVICES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, OR WASTEXPERTS, INC., A NEVADA CORPORATION) (“CONTRACTOR”), AND THE PARTY SIGNING AS THE “CLIENT” ON THE SERVICE AGREEMENT (“CLIENT” AND, TOGETHER WITH CONTRACTOR, EACH A “PARTY” AND, COLLECTIVELY, THE “PARTIES”). THESE TERMS AND CONDITIONS AND THE SERVICE AGREEMENT ARE COLLECTIVELY REFERRED TO HEREIN AS THIS “AGREEMENT.” CLIENT IS THE OWNER OF, OR AUTHORIZED AGENT WITH RESPECT TO, THE PROPERTY IDENTIFIED AS THE “SERVICE LOCATION” ON THE SERVICE AGREEMENT (“PROPERTY”). IF ANY CONFLICTS EXIST IN THE SERVICE AGREEMENT BETWEEN THE TERMS WHICH ARE PRINTED AND THOSE WHICH ARE TYPED OR WRITTEN, THE TYPED OR WRITTEN LANGUAGE SHALL GOVERN.
THESE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION REGARDING THE PARTIES’ RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO THE PARTY. THESE TERMS AND CONDITIONS ALSO CONTAIN A WAIVER OF THE PARTIES’ RIGHT TO TRIAL BY JURY. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
FOR THE AVOIDANCE OF DOUBT, THE TERMS AND CONDITIONS IN EFFECT AT THIS URL AT THE TIME CLIENT ENTERED INTO THE SERVICE AGREEMENT SHALL BE THE TERMS AND CONDITIONS APPLICABLE TO SUCH SERVICE AGREEMENT, UNLESS THE PARTIES OTHERWISE AGREE IN WRITING. IF CLIENT ENTERED INTO THE SERVICE AGREEMENT PRIOR TO THE “LAST UPDATED” DATE SET FORTH ABOVE, THE TABLE ABOVE PROVIDES A LINK TO THE TERMS AND CONDITIONS APPLICABLE TO CLIENT’S SERVICE AGREEMENT. CLIENT IS ENCOURAGED TO PRINT OR SAVE A COPY OF THE APPLICABLE TERMS AND CONDITIONS FOR ITS RECORDS, AS THAT VERSION WILL CONTINUE TO GOVERN NOTWITHSTANDING ANY SUBSEQUENT UPDATES POSTED AT THIS URL.
Table of Contents
- SERVICES; WASTE MATERIALS
- TERM; TERMINATION
- CHARGES AND PAYMENTS
- COOPERATION OF CLIENT
- WASTE BROKER AGREEMENTS
- LIMITATION ON LIABILITY; INDEMNIFICATION
- CONFIDENTIALITY
- INDEPENDENT CONTRACTOR
- SUBCONTRACTORS
- NO THIRD PARTY BENEFICIARIES
- FORCE MAJEURE
- NOTICE
- ASSIGNMENT
- AMENDMENT
- WAIVER
- ENTIRE AGREEMENT; SEVERABILITY
- GOVERNING LAW; ATTORNEY’S FEES
- USE OF CLIENT NAME
- COUNTERPARTS
1. SERVICES; WASTE MATERIALS
Contractor agrees to provide Client with bulk services at the Property, as more specifically set forth in the Service Agreement (“Services”). The Services include the pick-up and disposal of all large/bulky items (i.e. couches, dressers, mattresses, etc.) accumulated during the “normal” course of apartment living/business. It does not include large/bulky items generated by said apartment units that are going through major refurbishment or remodeling. The latter would be considered excessive or outside of the normal course of business and subject to extra service charges. Client hereby grants to Contractor, and Contractor shall have, the exclusive right to provide the Services on the Property. Client will use commercially reasonable efforts to ensure compliance, on behalf of itself and its residents of all service guidelines distributed by Contractor to Client. On scheduled service days, Client agrees Contractor will remove no more than half a trailer (8ftx7ftx4ft) of bulk items from the property. If additional items are needed to be removed before the next scheduled service date, an additional fee may apply. Contractor does not handle or dispose of hazardous materials. A non-exhaustive list of waste that will not be removed by Contractor’s personnel as part of the Services is set forth at the following URL: https://allywaste.com/terms-and-conditions/prohibited-items-list (“Prohibited Items”), as may be amended unilaterally from time to time by Contractor. Client is encouraged to check the Prohibited Items before accepting any of Contractor’s Services, and Client’s continued acceptance of the Services will constitute its acceptance of and agreement to any modifications to the Prohibited Items occurring after the date of the Service Agreement.
During the Term of this Agreement, Contractor will not provide any of the Services on New Year’s Day, Superbowl Sunday, Easter, Memorial Day, Juneteenth, Independence Day, Labor Day, Halloween, Thanksgiving Day, Christmas Eve, Christmas Day, and New Year’s Eve. Additionally, Contractor reserves the right to suspend service during hazardous weather conditions when necessary. Client agrees to pay an additional $200.00 on its December invoice as a holiday service fee. This fee is necessary to offset additional landfill fees.
2. TERM; TERMINATION
a.The initial term of this Agreement shall begin on the Effective Date and shall end on the date that is one (1) month following the “Start Date” specified on the Service Agreement (the “Initial Term”). This Agreement will automatically renew for a period of one (1) month (a “Renewal Term”) and will continue to renew for additional Renewal Terms unless and until either Party gives written Notice of termination to the other Party at least thirty (30) days prior to the expiration of the then-current Renewal Term (the Initial Term and each Renewal Term are, together, the “Term”); provided that any such written Notice of termination from the Client must be executed by or delivered from the email of a person acting on behalf of Client holding the title of Regional Manager, or a substantially equivalent or senior title.
b.If Client breaches or defaults in the performance of any of its obligations under this Agreement, including, without limitation, because of nonpayment of charges or fees hereunder or failure to permit Contractor to provide the Services, Contractor may immediately terminate this Agreement upon written notification to Client if Client has not cured such breach or default within ten (10) days of receipt of notice from Contractor describing such breach or default.
3. CHARGES AND PAYMENTS
a.Client agrees to pay to Contractor the “Total Monthly Charges” set forth in the “Schedules of Charges” in the Service Agreement beginning with the month in which the Start Date occurs, exclusive of any Taxes. All payments shall be due and payable within 30 days following the issuance date of an invoice provided by Contractor to Client, without deduction or setoff. Contractor may impose, and Client agrees to pay, a late fee for all past due payments. The late fee shall be the lesser of (a) five percent (5%) of the unpaid balance per month and (b) the highest rate permissible under applicable law, calculated daily and compounded monthly. Late payments or missed payments may result in suspension of the Services without notice.
b.Client shall be responsible for any and all local, state and federal taxes, fees, assessments, surcharges, or other similar charges from governmental entities applicable to the Services (“Taxes”).
c.Total Monthly Charges shall be adjusted to account for increases or decreases in the number of residential units existing on the Property and to account for increased costs incurred by Contractor in connection with the Services due to circumstances outside Contractor’s reasonable control, including, without limitation, changes in local, state, or federal laws or regulations; imposition of taxes, fees, or surcharges; and Force Majeure Events (as defined below). Any increases in the charges set forth in the Schedule of Charges for reasons other than as provided above shall require the consent of Client, which may be evidenced verbally, in writing, or by the actions or practices of the Parties.
4. COOPERATION OF CLIENT
a.Contractor will be granted unrestricted access to any and all disposal containers, equipment, or measures utilized at the Property, including, but not limited to, solid waste compactors, dumpsters or open top boxes, recycling compactors, and any and all alternative collection means. Client will ensure that all compactors and dumpsters are maintained in a safe and operational condition and in compliance with all applicable laws at all times, and shall be solely responsible for any repairs, maintenance, or replacement costs associated with such equipment.
b.Client will provide to Contractor any keys, codes, electronic key fobs, or other methods of access prior to the Start Date and shall promptly notify Contractor of any changes to such keys, codes or other methods of access.
c.In the event of a resident move-out, Client is responsible for collecting, emptying, and cleaning Containers designated to the unit.
d.The Contractor may send occasional Text Messages, emails, or make phone calls for appointment reminders, promotions, and performance of service, as needed.
5. WASTE BROKER AGREEMENTS
Client represents, warrants, and agrees that (i) the Services fall outside of the scope of any agreement, formal or informal, that Client may have with a waste broker or similar entity providing any waste services to the Property (each a “Waste Broker Agreement”), and (ii) the execution and performance of this Agreement by Client will not constitute a breach or default or otherwise violate any agreement, including, without limitation, any Waste Broker Agreement, to which Client is a party or violate any rights of any third-parties arising therefrom.
6. LIMITATION ON LIABILITY; INDEMNIFICATION
a.Notwithstanding the foregoing or anything in this Agreement to the contrary, neither Party shall be liable to the other Party for any consequential, incidental, indirect, exemplary, special or punitive damages arising out of or in connection with this Agreement regardless of whether such damage was foreseeable or the applicable Party had been advised of the possibility of such damages.
b.IN NO EVENT SHALL CONTRACTOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO CONTRACTOR PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. CONTRACTOR MAKES NO WARRANTY OTHER THAN WARRANTIES EXPRESSLY AND SPECIFICALLY SET FORTH HEREIN. ALL OTHER WARRANTIES OF CONTRACTOR, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
c.Contractor agrees to indemnify, defend, and hold harmless Client from and against any and all liability which Client incurs as a result of bodily injuries (including death), property damage, or any violation of law, to the extent caused by (i) any breach by Contractor of this Agreement or (ii) the gross negligence or willful misconduct of Contractor or any of its employees, agents, or independent contractors in the performance of the Services.
d.Client agrees to indemnify, defend, and hold harmless Contractor and its affiliates and its and their directors, managers, employees, equityholders, agents and representatives from and against any and all liability which Contractor may incur, be responsible for, or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law, to the extent caused by (i) any breach by Client of this Agreement, (ii) any negligent act, negligent omission, or willful misconduct of Client or any of its employees, agents, or independent contractors or (iii) any injury or death of persons or damage to any personal property located or occurring anywhere on Client’s property that arises from any act or omission of Client or any of Client’s employees, contractors, agents, invitees, or tenants.
7. CONFIDENTIALITY
a.From time to time during the Term of this Agreement, Contractor may disclose or make available to Client certain non-public, proprietary, and confidential information of Contractor (“Confidential Information”). The term Confidential Information includes information in any form or medium (whether oral, written, electronic, or other) that the Contractor considers confidential or proprietary, or information that should by its nature be considered confidential, including without limitation information consisting of or relating to the Contractor’s know-how, trade secrets, business plans, personnel information, forms, customer data, training programs, travel, names of agents, inventions, equipment, information technology infrastructure and computer systems, research and development, pricing, purchasing, forecasts, growth plans, purchasing volumes, suppliers, financial information and statements, and financial condition or assets, including, but not limited to, technical, developmental, marketing, sales, operating, performance, cost, know-how, pricing, purchasing, business, customer, prospective customer and process information, computer programming techniques, or any record bearing media containing or disclosing any information and techniques of Contractor. Notwithstanding the foregoing, Confidential Information does not include any information that: (i) is or becomes generally available to the public other than as a result of Client’s breach of this Section 7; (ii) is or becomes available to the Client on a non-confidential basis from a third-party source, provided that such third-party is not and was not prohibited from disclosing such Confidential Information; (iii) was in Client’s possession prior to Contractor’s disclosure hereunder; or (iv) was or is independently developed by Client without using any Confidential Information.
b.The Client shall: (i) protect and safeguard the confidentiality of the Contractor’s Confidential Information with at least the same degree of care as the Client would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (ii) not use the Contractor’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (iii) not disclose any such Confidential Information to any person or entity, except to the Client’s employees who need to know the Confidential Information to assist the Client, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. If the Client is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Contractor of such requirements to afford Contractor the opportunity to seek, at Contractor’s sole cost and expense, a protective order or other remedy.
8. INDEPENDENT CONTRACTOR
Client consents and agrees that Contractor is an independent contractor and shall have the full power and authority to select the means, manner, and method of performing its obligations hereunder, including the Services, without detailed control or direction by Client. Compliance by Contractor with directions, practices, or orders issued by Client or its representatives as to any matter desired by Client shall not be deemed to alter Contractor’s status as an independent contractor.
9. SUBCONTRACTORS
Contractor may provide the Services through any of its affiliates, employees, agents, or subcontractors; provided that Contractor shall remain responsible for the performance of the Services and obligations in accordance with this Agreement.
10. NO THIRD PARTY BENEFICIARIES
Except as otherwise set forth in Section 6, this Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
11. FORCE MAJEURE
a.No Party shall be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any obligation of this Agreement (except for any obligations of the Client to make payments to Contractor hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) national or regional emergency; (f) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (g) other similar events beyond the reasonable control of the Impacted Party.
b.The Impacted Party shall give Notice within ten (10) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
12. NOTICE
All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice”) must be in writing and addressed to the other Party at its address set forth on the Service Agreement (or to such other address that the Client may designate from time to time in accordance with this Section 12). Unless otherwise agreed to between the Parties or set forth in this Agreement, all Notices must be delivered by personal delivery, nationally recognized overnight courier or certified or registered mail (in each case, return receipt requested, postage prepaid), or by email to the address set forth on the Service Agreement effective upon confirmation of delivery. Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving Party; and (b) if the Party giving the Notice has complied with the requirements of this Section 12.
13. ASSIGNMENT
Client may not assign or otherwise transfer this Agreement (including the Service Agreement or these Terms and Conditions) or its rights or obligations hereunder without Contractor’s written consent, which consent shall not be unreasonably withheld. If the Property is sold or if Client is acquired or merges with or into another entity, Client shall cause this Agreement to be assigned to and assumed by the successor entity or the respective successors and assigns of the Property, as the case may be; provided that if Client fails to do so or the successor or assignee fails to assume this Agreement, Client shall remain liable and responsible for all of its obligations hereunder. Contractor may assign this Agreement and its rights and obligations hereunder without Client’s consent, and Client agrees to release Contractor from any liability under this Agreement accruing from and after the date of such assignment. This Agreement shall be binding on and inure to the benefit of the Parties and their respective successors and assigns.
14. AMENDMENT
Other than as set forth above in respect of the Prohibited Items, no amendment or modification to this Agreement (including the Service Agreement or these Terms and Conditions) shall be effective unless in writing and signed by an authorized representative of each Party. Notwithstanding the foregoing, Contractor may update these Terms and Conditions from time to time by posting a revised version at the URL referenced in the Service Agreement; provided that any such updated Terms and Conditions shall apply only to Service Agreements entered into on or after the effective date of such update, and shall not modify the Terms and Conditions applicable to any previously executed Service Agreement without the written consent of the applicable Client.
15. WAIVER
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, partial failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, or further exercise thereof or the exercise of any other right, remedy, power, or privilege available to such Party.
16. ENTIRE AGREEMENT; SEVERABILITY
This Agreement (including the Service Agreement and these Terms and Conditions) represents the entire agreement between the Parties and supersedes any and all other agreements, whether written or oral, that may exist between the Parties. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. All provisions of this Agreement which by their nature should survive termination of this Agreement shall survive the termination of this Agreement, including without limitation Sections 6, 7 and 17.
17. GOVERNING LAW; ATTORNEY’S FEES
This Agreement (including the Service Agreement and these Terms and Conditions) will be governed by and construed in accordance with the laws of the State of Delaware without regard to any conflicts of laws principles that would require the laws of any other jurisdiction to apply. Each of the Parties irrevocably submits to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, for the purpose of any action arising out of or relating to this Agreement and each of the Parties irrevocably agrees that all claims in respect to such action shall be heard and determined in any state or federal court sitting in Maricopa County, Arizona. THE PARTIES IRREVOCABLY WAIVE, AND AGREE TO CAUSE THEIR RESPECTIVE AFFILIATES TO WAIVE, THE RIGHT TO TRIAL BY JURY IN ANY ACTION TO ENFORCE OR INTERPRET THE PROVISIONS OF THIS AGREEMENT. Each of the Parties agrees that a final judgment in any action shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. In the event of a breach of this Agreement (including any non-payment by Client of any amounts owed hereunder), the non-breaching Party may recover all reasonable attorney’s fees, court costs, collection fees and all other costs of collection, and costs of the non-breaching Party incident to any action brought to enforce this Agreement.
18. USE OF CLIENT NAME
During the Term, Client hereby grants to Contractor a non-exclusive, non-transferable, royalty-free and non-sublicensable right to use Client’s name, logo, and associated trademarks (“Marks”) solely in connection with the sales, marketing, promotional and reference activities of Contractor, which use may include (but shall not be limited to) marketing materials and presentations identifying Client as a customer of Contractor, listing Client as a customer of Contractor on Contractor’s website or social media channels, and other publicity (including live events) that accurately describes the relationship between Client and Contractor. Contractor acknowledges and agrees that the Marks are the sole and exclusive property of Client, and that Contractor shall not acquire any right or ownership interest in them except for the right to use them as set forth herein. Upon expiration or termination of this Agreement, Contractor’s rights hereunder shall cease, and Contractor shall use commercially reasonable efforts to remove the Marks (to the extent not otherwise permitted) from Contractor-controlled public-facing materials within a reasonable time.
19. COUNTERPARTS
This Agreement (and in particular the Service Agreement) may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf), or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
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