CONTRACT TERMS AND CONDITIONS
Rental Rules and Restrictions
Johnny Blue Inc. also trading as Executive Bathrooms Plus LLC will provide customer with portable sanitation facilities upon request. By ordering customer agrees to terms and conditions stated below. All new monthly rental clients are required to pay the first month’s rent due before delivery. If payment is not made in full before due date, delivery will not be made.
Delivery and Pickup Time
Every effort will be made to deliver and pickup within 48 hours of the day of request, Monday through Friday, however, due to inclement weather, traffic conditions or mechanical breakdowns, delivery times or dates could vary. We highly recommend that you request toilets 48-72 hours in advance.
Placement
If we arrive and have no placement instructions and we cannot reach you, we cannot deliver. There will be a delivery fee charged. Customer acknowledges that they are prohibited from moving any unit that may cause disruption in service or damage. If unit needs moved, customer must contact Johnny Blue Inc., also trading as Executive Bathrooms Plus LLC.
Equipment Care
The equipment furnished here under Johnny Blue Inc. or Executive Bathrooms Plus LLC shall remain the property of Johnny Blue Inc. or Executive Bathrooms Plus LLC. Customer acknowledges that it has care, custody of the equipment while at the Customer’s location and accepts responsibility for any loss or damage to the equipment. Customer agrees not to overload (by weight or volume), move, or alter the equipment, and shall use the equipment only for its proper and intended purpose. All water provided is non-potable water, not safe for drinking. Customer agrees to be held responsible for all claims, damages, suits, penalties, fines and liabilities for injury or death to persons, loss or damage to property arising out of Customer’s use, operation, or possession of the equipment. Customer agrees to a minimum of $125.00 hazardous waste fee for cleanup of restroom if patron leaves behind blood or vomit, unauthorized waste material inside the rental.
Pricing for unit replacement
Should a unit become damaged beyond repair while on a customer’s site, the customer assumes full responsibility for the replacement of the unit. Replacement cost: Standard – $800, Handwashing station $800, ADA – $1800, Flushable $1800, Hand Sanitizer Dispenser $20. *Prices are subject to change based on current replacement cost at the time of incident.
Charges and Payment
Monthly rental consists of the selected unit(s) and service once per week to include all internal supplies for a set four-week period. If you find our service to be unsatisfactory, please notify Johnny Blue Inc. within 24 hours so any needed adjustments can be made. Customer acknowledges that Johnny Blue Inc., also trading as Executive Bathrooms Plus LLC will be affected negatively by any cancellation. All deposits are non-refundable. Customer may also incur a restocking fee and cancellation fee, if not canceled 7 days prior to delivery.
Payment Remittance:
540-665-0968
255 Lenoir Dr, Winchester, VA 22603
pa******@***********nc.com
https://johnnyblueinc.com/contact/make-a-payment/
Paying for your unit(s) – We run on a set 28-day bill cycle. We do pro-rate by the week, after the minimum due is met.
All special event orders must be paid in full at the time the order is placed.
Changes and/or Cancellations: In the event of a change to a previously accepted order, the customer assumes all charges and expenses associated with changing the order. All changes will need to be submitted in writing. Cancellations made on the scheduled delivery date may result in no refunds.
Access
Customer agrees to provide unobstructed access to the equipment on the scheduled service day. If the equipment is inaccessible so that the scheduled service cannot be made, Johnny Blue Inc. will promptly notify the Customer and afford the Customer a reasonable opportunity to provide the access needed for service. If the unit is still inaccessible, our driver will be prompted to leave,and no refund will be made. All units must be within 20 feet of a stable hard surface; accessible with a truck. Street placement is prohibited. It is solely the responsibility of the customer to adhere to any restrictions by the County, Park, HOA, etc. Johnny Blue Inc. is not responsible for any additional fees or permits required for placement of units. If access to the rental is blocked/unaccessible, there will be a service fee of $65-95 (depending on location) to return to the site on an unscheduled route day.
Disclaimer
- Holidays: Johnny Blue Inc. does not provide service on federal or federally observed holidays. In the event your rental is scheduled for service on a holiday, you can expect service the following week on your normal service day.
- Ground Conditions: It is the customer’s responsibility to make us aware of any underground utilities, which might be affected by taking delivery of the potty. Again, placement must be within 20 feet of a hard surface. Should a customer request us to drive in a soft area (grass, dirt etc.) the customer assumes responsibility for any land damage.
- Acts of God: We are not responsible for service during extreme weather and/or acts of God. If a unit is tipped over, we may have to reroute a driver off route and provide service. This service will have an additional fee.
- Delivery Cancellations: Cancellations must be made no later than 2:00pm the day prior to your scheduled delivery. Anything after 2:00pm will be considered a same day cancellation and be subjected to a fee.
- Refunds: All refunds, compensation, and/or credit requests must occur within 30 days of service completion. Any refunds issued will be at the sole discretion of Johnny Blue Inc. Customer also agrees to ensure Johnny Blue Inc., also trading as Executive Bathrooms Plus LLC against claims for personal injury or property damage arising out of the customers use of the portable sanitation facilities. Customer agrees to name” Johnny Blue Inc., also trading as Executive Bathrooms Plus LLC” as an additional insured on said policies, and customer agrees to indemnify Johnny Blue Inc., also trading as Executive Bathrooms Plus LLC and hold harmless, against any and all claims, actions, judgements, costs and attorney fees arising out of customer use of the portable sanitation facilities, except those that are solely the fault or negligence of Johnny Blue Inc., also trading as Executive Bathrooms Plus LLC.
Billing Cycle (28 DAY METHOD):
Reminder that invoices are generated every four weeks on a set bill cycle and is set for arrears billing unless otherwise arranged. A late fee of 1.5% will be added to the unpaid balance. Our office will call and/or email when a balance goes past 30 days past due. No response will result in termination of service or rental. Re-delivery fee will apply to restore service, after balance is paid in full.
Septic Work Terms and Conditions
Johnny Blue Incorporated shall not be responsible for pre-existing defects or failures that are discovered under any conditions.
Johnny Blue Incorporated’s liability, if any, for performance hereunder shall be limited to the agreement, price, with respect to any labor and materials supplied due to the authorized repairs or replacement of deficiencies identified.
Johnny Blue Incorporated warrants the services against labor or material defect for the term of one year. Johnny Blue Incorporated does not warranty or extend or modify any manufacturer’s warranty.
The Contractor warrants to the Owner that materials and equipment furnished under the agreement will be of good quality and new unless otherwise required or permitted by the Construction Agreement, that the work will be free from defects not inherent in the quality required or permitted.
Johnny Blue Incorporated is not responsible for damage to landscaping (i.e.: trees, shrubs, plants, turf, grass) or hardscape (i.e.: concrete slabs, asphalt). When contracted to patch hardscape or masonry areas, matching texture and color is not guaranteed. Land clearing is not included in this proposal.Backfill will be lightly compacted and slightly above grade to control settling and run off.
Johnny Blue Incorporated shall not be held liable for delays, events or circumstances beyond reasonable control, including acts of God or Government, strike, war, pandemic, accidents, fire, transportation delays, shortage of material or labor.
All material to be specified and all work to be completed in a manner consistent with standard industry practice.
ROCK CLAUSE: If additional significant concealed conditions are discovered once work has commenced which were not visible at the time this estimate was made, the Contractor will stop work and point out these unforeseen concealed conditions to the Owner for approval of the additional work.
All items are special order and cannot be changed once in production and also that special order items cannot be returned.
The work hours for Johnny Blue Incorporated’s personnel and subcontractors are 7AM – 4PM, Monday – Friday.
The Owner shall provide the Contractor with access to the building and construction site for the duration of the project. This must be sufficient for access to all materials or equipment necessary for the completion of the project, for storage of the materials or equipment, and for staging areas for fabrication and mixing of materials.
The Client is responsible for compensating Johnny Blue Incorporated in full for all costs, expenses and legal fees incurred because of collection efforts on past due payments. In addition, until payment is made in full, Johnny Blue Incorporated will retain the title to all equipment and material furnished to the customer. Customer shall allow access to remove equipment and materials and the Contractor is not held responsible for the cost of any damage caused by removal.
The contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work under the contract agreement.
The Contractor’s liability insurance shall be comprehensive general and automobile, bodily injury and property damage policy or policies written for not less than $1,000,000 for each occurrence and $2,000,000 aggregate. Auto liability insurance limits shall be $1,000,000 per occurrence.
The Owner shall purchase and maintain the Owner’s usual property liability insurance. The Owner shall include in their insurance policy that the insured will waive subrogation against Johnny Blue Incorporated.
Contractor’s right to photograph the work: The Owner shall permit the Contractor or person(s) employed or engaged by the Contractor, without compensation or consideration to Owner, to take photographs at the project site of both completed work and work in progress. Such photographs and any accompanying descriptions shall not identify the Owner or the property address of the project without the express written consent of the Owner.
The Owner shall contact Miss Utility and provide water and electricity to the Contractor for the performance of their work.
The Owner shall be responsible for all permits and inspections for Daywork items and this agreement.
The Owner shall be responsible for the removal of fence, articles and furnishings from the affected areas of construction prior to the work.
The Owner shall maintain property insurance for the project to its full insurable value.
The Contractor will provide Workmen’s Compensation Insurance as required by state law.