Terms and Conditions

Customer grants to JMK Junk-Away, LLC (“JMK Junk-Away”), the exclusive right to manage the collection, transportation, disposal and/or recycling of the Customer’s non-hazardous solid waste materials including Recyclable materials (collectively, “Waste Materials”), and agrees to make payments to JMK Junk-Away as described herein. JMK Junk-Away agrees to furnish the services and equipment specified below, in accordance with the terms of this Agreement.

1. TERM: The initial term of this agreement is 3 months from the effective service date set forth on the customer’s sign-up form, which is the date JMK Junk-Away’s Equipment is delivered to the customer’s service location or service under this agreement commences, whichever is earlier unless otherwise specified by the customer’s individual service agreement. This agreement shall automatically renew monthly for successive One (1) Month terms thereafter unless either party gives written notice of termination at least 30 days prior to the termination date of the service term. Any such notice shall be sent in writing to the other party’s address by Mail or Electronic means as set forth on the Customer’s individual service agreement.
2. PAYMENT. Customer shall pay JMK Junk-Away for the services and equipment furnished by JMK Junk-Away at the rates set forth in this Agreement within 28 days of Customer’s receipt of JMK Junk-Away’s invoice. Customer shall pay all taxes, fees and other governmental charges assessed against or passed through to JMK Junk-Away (other than income or real property taxes). Customer shall pay such fees as JMK Junk-Away may impose from time to time by notice to Customer, including by way of example only, late payment, bulk item, or overage fees, with JMK Junk-Away to determine the amounts of such fees in its discretion up to the maximum amount allowed by applicable law. Customer shall pay to JMK Junk-Away a fee of $50 for each check submitted by Customer that is an insufficient funds check or is returned or dishonored. At any time after JMK Junk-Away becomes concerned about Customer’s creditworthiness or after Customer has made any late payment, JMK Junk-Away may request, and if requested, Customer shall pay a deposit in an amount equal to one month’s charges under as determined by the JMK Junk-Away. Customer shall pay a $15 late fee if an invoice is more than 7 days past due. If Customer cancels an order after the order has been processed, or if the Customer cancels service within the first three months of the service term, the Customer may be assessed a fee of up to the amount of One (1) month’s service by JMK Junk-Away at JMK Junk Away’s current rate. CUSTOMER AUTHORIZES JMK JUNK AWAY TO COLLECT CHARGES BY ELECTRONIC MEANS, INCLUDING BUT NOT LIMITED TO CREDIT CARD OR ACH PAYMENTS FOR ANY AND ALL CHARGES INCURRED BY CUSTOMER, INCLUDING BUT NOT LIMITED TO THE INITIAL CHARGE, ANY WEIGHT OVERAGES AND DEMURRAGE. Unless otherwise mutually agreed in writing, Customer hereby accepts JMK Junk-Away’s policy of no refunds being issued.
3. ATTORNEYS’ FEES: If any litigation is commenced to enforce any part of this Agreement, JMK Junk-Away shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys’ fees, expert witness fees, litigation related expenses:’ and court or other costs incurred in such litigation or proceeding.
4. WASTE MATERIALS: The Waste Materials shall not contain any hazardous materials, wastes, or substances; toxic substances, wastes, and pollutants; contaminants; infectious waste; medical wastes; or radioactive wastes (collectively, “Excluded Waste”), each as defined by applicable federal, state, and local laws or regulations (collectively, “Applicable Laws”).
5. RATE AND ADJUSTMENT: Customer agrees that JMK Junk-Away may from time to time increase the rates provided in this Agreement to adjust for increases in the Consumer Price Index. Because disposal, fuel, materials, and operations costs constitute a significant portion of the cost of JMK Junk-Away’s services provided hereunder, Customer agrees that JMK Junk-Away may increase the charges to account for any increase in such costs or any increases in transportation costs due to changes in location of the customer or of the disposal facility. Customer agrees that JMK Junk-Away may also increase the Charges to the account for increases in the average weight per container yard of Customer’s Waste Materials, increases in JMK Junk-Away’s costs due to changes in local, state, or federal rules, ordinances or regulations applicable to JMK Junk-Away’s operations or the services provided hereunder, and increases in taxes, fees or other governmental charges assessed against or passed through to JMK Junk-Away (other than income or real property taxes) JMK Junk-Away may increase charges for reasons other than those set forth above with the consent of the customer. JMK Junk-Away shall not increase Customer’s pricing by more than five percent (5%) annually without the consent of the customer, and if JMK Junk-Away were to increase rates more than five percent (5%) annually, then Customer may terminate this Agreement at any time with written notice to JMK Junk-Away. Such consent may be evidenced in writing, electronically, or by the practices and actions of the parties. In the event that JMK Junk-Away adjusts the charges provided in this agreement, the parties agree that this agreement as so adjusted will continue in full force and effect.
6. SERVICE DAY: The JMK Junk-Away Equipment must be visible, within reason, to the employee(s) of JMK Junk-Away and not blocked by any vehicles or other equipment.
7. HOLIDAY SCHEDULE: No Service is provided on holidays.
8. SERVICE CHANGES: The parties may change the type, size or amount of equipment, the type or frequency of service, and correspondingly the rates by agreement of the parties, which may be evidenced verbally, in writing, electronically, or by the parties’ actions and practices, without affecting the validity of this agreement and this agreement shall be deemed amended accordingly. This Agreement shall apply to any change of location of Customer within the area in which JMK Junk-Away provides its services. Should the customer change its service address to a location outside of JMK Junk-Away’s service area, Customer may cancel the Agreement upon thirty (30) day’s written notice, by mail or electronically, to JMK Junk-Away. Any other amendment to this agreement not otherwise expressly provided for herein shall be made in writing and signed by both parties. JMK Junk-Away may substitute similar, yet equivalent services and/or containers at no additional cost to Customer at JMK Junk-Away’s sole discretion.
9. RESPONSIBILITY FOR EQUIPMENT AND ACCESS : Any equipment that JMK Junk-Away furnishes shall remain the property of JMK Junk-Away. Customer acknowledges that it has care, custody, and control of the equipment while at Customer’s location and accepts responsibility for all loss or damage to the equipment (except for normal wear and tear and for loss or damage resulting from JMK Junk-Away’s handling of the equipment). Customer shall use the equipment only for its proper and intended purpose and shall not overload the equipment (by weight or volume), move, or alter the equipment without the express written consent of JMK Junk-Away. JMK Junk-Away reserves the right to remove (e.g. dump out) materials from its equipment in instances where JMK Junk-Away determines, in its sole discretion, that its equipment is overloaded, by either weight or volume, or in instances of Customer’s nonpayment. Customer is solely and exclusively liable for all fees, fines, property damage clean-up costs and/or other costs associated with such removal of materials. Customer shall indemnify, defend, and hold harmless JMK Junk-Away from and against all Losses arising from any injury or death to persons or loss or damage to property (including the equipment) arising out of Customer’s use, operation, or possession of the equipment. Customer agrees to provide unobstructed access to the equipment on the scheduled collection day. Equipment must be visible, within reason, to the employee(s) of JMK Junk-Away. If the equipment is inaccessible so that the regularly scheduled pick-up cannot be made, JMK Junk-Away shall afford the customer a reasonable opportunity to provide the required access to the equipment; however JMK Junk-Away reserves the right to charge an additional fee for such inaccessibility and/or delay or any additional collection service required by Customer’s failure to provide such access. The word “equipment” as used in this agreement shall mean all containers used for the storage of Waste Materials, and other such on-site devices as may be specified in this agreement. Should any equipment be removed, damaged, or destroyed, the Customer agrees to pay a replacement charge to JMK Junk-Away of up to $8,500.00 per container or other associated replacement charge of the equipment provided by JMK Junk-Away.
10. DAMAGE TO PAVEMENT OR SURFACES: Customer warrants that the Customer’s pavement, curbing ,or other driving surface or any right of way reasonably necessary for JMK Junk-Away to provide the services described herein are sufficient to bear the weight of all of JMK Junk-Away’s equipment and vehicles reasonably required to perform such service. JMK Junk-Away will not be responsible for damage to any such pavement, curbing, driving surface, or right of way, overhead and/or side objects such as electrical wire, phone lines, overhanging roof lines, walls, corrals, etc., whether such objects are within the Customer’s lot line or a neighboring property, and the Customer agrees to assume all liabilities for any such damage, which may result from the JMK Junk-Away’s vehicles and equipment providing service at the Customer’s location, including by way of example only, spills, leaks, broken cable line, and cracks in pavement. Customer agrees to defend, indemnify, save and hold harmless, JMK Junk-Away, officers, employees and agents, to the fullest extent permitted by law, of and from all claims, loss, damage, injury, suits of whatever nature, for personal injury and property damage alleged to arise out of, or any conditions, of the work performed under this service agreement, that are or may be brought by parties not subject to the terms of this agreement, specifically neighboring real or personal property owners, who allege to have suffered a loss as a result of performing the duties enunciated herein.
11. SUSPENSION: If any amount due from Customer is not paid within 30 days after the date of JMK Junk-Away’s invoice, JMK Junk Away may, without notice and without terminating this Agreement, suspend collecting and disposing of Waste Materials until Customer has paid such amount to JMK Junk-Away. If JMK Junk-Away service is suspended, Customer shall pay JMK Junk-Away a temporary service interruption fee in the amount of $150.00 plus any deposits JMK Junk-Away deems appropriate in addition to any other amounts due to JMK Junk-Away under this Agreement.
12. TERMINATION: In addition to its above suspension rights, JMK Junk-Away may terminate this Agreement immediately by written notice to Customer if (a) any of the information contained in any credit application submitted to JMK Junk-Away in connection with this Agreement is untrue or (b) Customer breaches this Agreement and fails to cure such breach within 10 calendar days after JMK Junk-Away gives Customer written notice of the breach. JMK Junk-Away may terminate this agreement at any time with 30 days’ written notice to Customer. JMK Junk-Away’s failure to suspend service or terminate this Agreement when Customer fails to timely pay or otherwise breaches this Agreement shall not constitute a waiver of JMK Junk-Away’s right to suspend service or terminate this Agreement for any future failure to pay or other breach.
13. PAYMENT UPON TERMINATION: If Customer terminates this Agreement before its expiration other than as a result of a breach by JMK Junk-Away, or if JMK Junk-Away terminates this Agreement as a result of a breach by Customer (including nonpayment), Customer shall pay JMK Junk-Away an amount equal to Customer’s most recent month’s waste hauling and disposal charges/expenses or an average monthly charge based on the previous (12) twelve months whichever is greater. Customer acknowledges that in the event of such a termination, actual damages to JMK Junk-Away would be uncertain and difficult to ascertain, such amount is the best, reasonable and objective estimate of the actual damages to JMK Junk-Away, such amount does not constitute a penalty, and such amount is reasonable under the circumstances. Any amount payable under this paragraph shall be in addition to amounts already owing under this Agreement. This early termination fee does not include any removal or restocking fees regarding the equipment. Such removal and or restocking fees shall not exceed five thousand dollars per site.
14. EXCUSED PERFORMANCE AND CURE PERIOD: Except for Customer’s obligation to pay amounts due to JMK Junk-Away, any failure or delay in performance due to contingencies beyond a party’s reasonable control, including strikes, riots, terrorist acts, mechanical failures, compliance with Applicable Laws or governmental orders, fires, and other acts of God, shall not constitute a breach of this Agreement. JMK Junk-Away shall be allowed a reasonable cure period for any performance failures alleged by Customer. TITLE: JMK Junk-Away and or its contractors shall acquire title to Waste Materials when they are loaded into JMK Junk-Away’s or JMK Junk-Away’s contractor’s truck. Title to and liability for any Excluded Waste and any Waste Materials removed by JMK Junk-Away due to overloaded equipment or non-acceptable material shall remain with Customer and shall at no time pass to JMK Junk-Away or its contractors.
15. ASSIGNMENT: Neither party shall assign this Agreement without the prior written consent of the other party, except that JMK Junk-Away without the Customer’s consent may assign this Agreement to any corporation affiliated with JMK Junk-Away, LLC of Tennessee at any time.
16. NOTICE: Except as otherwise may be provided in this agreement, all notices required hereunder shall be delivered in writing, by mail or email, to JMK Junk-Away as follows: SERVICE PROVIDER: JMK Junk-Away, LLC, PO Box 22266, Knoxville, TN 37933 or INFO@JMKJUNK-AWAY.COM.
17. INDEPENDENT CONTRACTOR: The parties agree and acknowledge that JMK Junk-Away is an independent contractor and not an agent or employee of the Customer, and that no liability shall attach to the Customer as the results of the acts or omissions of JMK Junk-Away, its employees, agents, or assigns. JMK Junk-Away acknowledges that it is responsible for payment of any local, state, or federal taxes with respect to JMK Junk-Away’s agents and employees. JMK Junk-Away shall pay all licenses or permit fees required by local ordinances or state or federal law.
18. MISCELLANEOUS: This Agreement sets forth the entire agreement of the parties and supersedes all prior agreements, whether written or oral, that may exist between the parties regarding the subject matter of this Agreement. JMK Junk-Away shall have no confidentiality obligation with respect to any Waste Materials. All calls to and from JMK Junk-Away may be recorded and monitored for record-keeping, training, and quality assurance purposes. This Agreement shall be binding upon and inure solely to the benefit of the parties and their permitted assigns. Customer agrees that it shall not engage in any business activity with any other waste/recycling Company that employs a former employee of JMK Junk-Away for a period of two years after the termination of this Agreement without the prior approval by the ownership of JMK Junk-Away, LLC. If any provision of this Agreement shall be invalid, illegal, or unenforceable, it shall be modified to be valid, legal, and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Tennessee without regard to its conflict of law principles. Customer and JMK Junk-Away agree that electronic signatures are valid and effective, and an electronically stored copy of this Agreement constitutes proof of the signature and contents of this Agreement, as though it were an original. By signing this agreement Customer agrees to all JMK Junk-Away Terms and Conditions contained in this agreement and all Terms and Conditions which may be updated and set forth at www.JMKJUNK-AWAY.com unless Customer makes a written objection to the amendment within Thirty (30) days of the update.
19. ADDITIONAL TERMS: ROLLOFF/BULK PICKUP ORDER CANCELATIONS/RESCHEDULES: No refunds. Customer is hereby notified that a $50 cancellation fee will be imposed if cancelled once the order has been processed by JMK Junk-Away. Same day cancellation/rescheduling results in a fee of $150. Please provide at least one business day notice to reschedule or cancel to minimize costs.