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Terms & Conditions of Service

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ENCON ENVIRONMENTAL SERVICES, LLC

 

Terms and Conditions of Service

Last Revised: July 28, 2025

 

IMPORTANT: THESE TERMS AND CONDITIONS FOR ENVIRONMENTAL SERVICES ("TERMS") GOVERN ALL SERVICES PROVIDED BY ENCON ENVIRONMENTAL SERVICES, LLC ("CONTRACTOR") TO YOU ("CUSTOMER"). BY REQUESTING SERVICES, ACCEPTING A QUOTE, OR ALLOWING CONTRACTOR TO COMMENCE WORK, CUSTOMER AGREES TO BE BOUND BY THESE TERMS. THESE TERMS SUPERSEDE ANY AND ALL PRIOR OR CONFLICTING TERMS PROPOSED BY CUSTOMER.

For the purposes of this agreement, the following definitions apply:

  • "Contractor" refers to ENCON Environmental Services, LLC, its employees, agents, and subcontractors.

  • "Customer", "Client", or "Generator" refers to the person, entity, or organization ordering and receiving the Services, who is the legal generator of the Waste Material.

  • "Services" refers to all labor, equipment, transportation, disposal, and related activities provided by Company as detailed in quotation, trip report, or Work Order.

  • "Work Order" refers to the document (e.g., quote, proposal, service order, manifest) that describes the specific scope of Services, pricing, and location for a particular job.

  • "Waste Material" refers to the specific materials, substances, and waste to be collected, transported, and/or managed by Company.

1. AGREEMENT AND SCOPE OF SERVICES. These Terms, together with a corresponding Work Order, form the entire binding agreement ("Agreement") between Contractor and Customer. In case of any conflict, the terms of the Work Order shall prevail regarding scope and price, and these Terms shall prevail regarding all other matters. The scope of Services will be as specified in the applicable Work Order.

2. CUSTOMER OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES. Customer is solely responsible for and warrants the following: a. Accurate Information: All information provided to Contractor regarding the composition, volume, weight, and characteristics of the Waste Material is complete and accurate. b. Waste Characterization: The Waste Material has been properly and accurately characterized and identified in accordance with all applicable federal, state, and local laws and regulations. c. Safe Site Access: Contractor shall have safe and unimpeded access to the work site and the Waste Material. Customer is responsible for securing the site and informing Contractor of any potential hazards. d. Containers and Segregation: Waste Material is properly segregated, packaged, marked, and labeled in appropriate containers as required by law and for safe handling and transportation. Customer shall not mix hazardous and non-hazardous wastes, or different types of hazardous wastes, unless explicitly approved in writing by Contractor. e. No Prohibited Materials: The Waste Material does not contain any radioactive materials (except as pre-approved in writing), explosives, biological agents, or other materials that Contractor is not authorized or equipped to handle.

3. WASTE DOCUMENTATION. Except as otherwise directed by Contractor, Customer must submit to Contractor for approval a completed waste product questionnaire, profile, manifest, or similar document describing waste to be handled (“Waste Documentation”) and provide a representative sample (if Contractor requests) prior to Contractor providing any Services. Contractor is not required to perform a comprehensive analysis of the waste to identify its components, nor will any Contractor analysis exempt Customer of its responsibility to ensure the waste conforms to the approved Waste Documentation. Receipt of Waste Documentation does not guarantee that Contractor will agree to accept all documented waste. 

4. HAZARDOUS WASTE-SPECIFIC PROVISIONS. For any Waste Material classified as "Hazardous" under any applicable law, including the Resource Conservation and Recovery Act (RCRA): a. EPA Generator ID: Customer warrants that it is an EPA-registered generator of hazardous waste and has provided Customer with its valid EPA Generator ID number. b. Manifests: Customer is solely responsible for the preparation and accuracy of all information on the Uniform Hazardous Waste Manifest or any other required shipping document. Customer shall provide a designated, authorized individual to sign the manifest upon pickup. c. Land Disposal Restriction (LDR) Notices: Customer is responsible for preparing and signing accurate LDR notification forms for the Waste Material. d. Pre-Shipment Requirements: Customer shall ensure all pre-shipment requirements (labeling, marking, containerization) as mandated by the U.S. Department of Transportation (DOT) and the U.S. Environmental Protection Agency (EPA) are met.

5. TITLE TO WASTE AND DISPOSAL. a. Title: Title to, and liability for, all Waste Material shall remain with the Customer at all times. Title shall pass from Customer directly to the selected disposal facility upon final acceptance of the Waste Material by such facility. At no point shall Contractor take title to the Waste Material. b. Disposal Facility: Contractor shall select the disposal facility for the final disposal of the Waste Material, in accordance with applicable laws and the waste profile provided by Customer.

6. NON-CONFORMING WASTE. If Contractor determines at any time that a Waste Material is not as characterized or warranted by Customer ("Non-Conforming Waste"), Contractor has the right to: a. Reject the Non-Conforming Waste. b. If already in transport, return the waste to Customer at Customer's sole expense. c. Take any necessary steps to properly characterize and manage the waste at a suitable facility, with all associated costs (including testing, transport, disposal, and administrative fees) to be borne by Customer. Customer agrees to pay all such additional costs.

7. PRICING AND PAYMENT TERMS. a. Rates: Customer agrees to pay for the Services at the rates specified in the Work Order. b. Invoicing: Invoices are due and payable within 30 days of the invoice date ("Due Date"). c. Late Payments: Any undisputed amounts not paid by the Due Date shall accrue interest at a rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is less. d. Additional Charges: Customer is responsible for all applicable taxes, regulatory fees, surcharges, and charges for any delays caused by Customer. Prices are subject to change if the scope of work or waste profile differs from the Work Order. e. Collection Costs: Customer agrees to pay all costs, including reasonable attorneys' fees, incurred by Contractor in collecting any past-due amounts or interest fees or penalties.  

8. INDEMNIFICATION. a. Contractor Indemnification: Contractor shall indemnify and hold harmless Customer from and against any and all claims, damages, and liabilities arising from the negligence or willful misconduct of Contractor in the performance of the Services. b. Customer Indemnification: Customer shall indemnify, defend, and hold harmless Contractor, its officers, directors, employees, and the selected Disposal Facility from and against any and all claims, damages, fines, penalties, losses, and liabilities (including legal fees) arising from: i. Any breach of Customer’s obligations, representations, or warranties under this Agreement. ii. The inaccuracy of any information provided by Customer, including but not limited to the mischaracterization of Waste Material. iii. Any release or spill of Waste Material occurring prior to Contractor taking possession. iv. Any pollution or contamination at the Customer's site.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL CONTRACTOR'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO CONTRACTOR FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM. FURTHERMORE, CONTRACTOR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION.

10. INSURANCE. Each Party will maintain at least Commercial or General Liability insurance coverage in amounts and types that are standard for the industry and compliant with applicable laws. Certificates of insurance must be provided upon request from the other Party. Contractor will also maintain appropriate Business Automobile Liability, and Pollution Liability insurance in amounts any types that are standard for the industry.

11. INDEPENDENT CONTRACTOR. Neither Contractor nor any of its employees will ever be considered Customer's employee, agent, or representative under this Agreement.  Contractor will retain exclusive control over its employees and sub-contactors.  

12. CONFIDENTIALITY. Contractor and Customer agree to hold in strict confidence all non-public information received from the other party such as the terms of this Agreement, pricing, business plans, technical data, waste profiles, and any other proprietary information. Contractor shall have the right to identify in it's sales or marketing materials, Customer by its name and logo as a customer of Contractor without disclosing pricing or other Confidential Information.

13. LIMITED WARRANTY. For a period of one (1) year from performance of services, Contractor warrants its products and/or services shall: a. conform to the Work Order, b. meet a reasonable industry standard of care, c. be of merchantable quality, d. be in full compliance with applicable laws, codes, and regulations.  THE FOREGOING LIMITED WARRANTY IS CONTRACTOR'S ONLY WARRANTY LIABILITY, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONTRACTOR HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR OTHER WARRANTIES, CONDITIONS OR TERMS OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  This Limited Warranty does not extend to any parts not manufactured by Contractor, however Contractor's Limited Warranty herein shall not limit any warranties made by manufacturers of components or parts which may extend to Customer.

14. FORCE MAJEURE. Contractor shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, transportation failures, or compliance with any law or government order. Relevant to the region, this includes hurricanes, tropical storms, and associated flooding. Contractor will also be excused from performance if it loses, or has suspended, any license, permit, or other authorization necessary for its performance. The delayed Party will provide prompt notice of such delay and work diligently to remove the cause of the delay.

15. GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Merrimack County, New Hampshire.

16. GENERAL PROVISIONS. a. Entire Agreement: This Agreement constitutes the entire understanding between the parties. It may only be modified by a written instrument signed by authorized representatives of both parties. b. Assignment: Customer may not assign this Agreement without the prior written consent of Contractor. Contractor may assign its rights and obligations hereunder, to any parent, affiliate, or in connection with any sale, transfer, or other disposition of all, or substantially all, of its business, provided that any assignee assumes Contractor's obligations hereunder. Contractor may subcontract parts of its obligations to qualified third parties and affiliates.  c. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. d. Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or the right to enforce it in the future. e. Notices: All notices must be in writing and sent to the addresses listed on the Work Order.