These terms apply to every estimate, quote or Work Order from 99 Junk Removal that refers to them. Customers accept them by approving the price on a Work Order or otherwise as stated in Section 22.
This Services Agreement (this "Agreement") is entered into between Pacific Waste Management LLC dba 99 Junk Removal, a Washington limited liability company ("Company"), and the person or entity identified as the customer on the Work Order ("Customer"). The individual who accepts this Agreement does so for Customer as stated in Section 22.
1. Definitions
1.1 "Work Order" means the electronic or paper order, quote, estimate or invoice for the Services that identifies Customer, the Premises, the items to be removed, the price and any deposit, and that Customer approves. Each Work Order is part of this Agreement.
1.2 "Services" means the collection, loading and removal of the Customer Materials from the Premises, and any related services listed on the Work Order.
1.3 "Premises" means the home, office, property or other location identified on the Work Order.
1.4 "Customer Materials" means the items identified on the Work Order or that Customer directs Company to remove.
1.5 "Residential Customer" means a Customer who is a natural person obtaining the Services primarily for personal, family or household purposes. A personal representative or family member clearing a decedent's residence is a Residential Customer.
1.6 "Commercial Customer" means every Customer that is not a Residential Customer, including a business, landlord (including an individual landlord clearing rental property), property manager, homeowners' or condominium association, contractor or government entity.
1.7 "Loading" means placing an item in or on Company's truck, trailer or container.
1.8 "Vehicle" means any car, truck, van, motorcycle, recreational vehicle, motor home, travel trailer, fifth-wheel trailer, truck camper, utility or boat trailer, off-road vehicle, snowmobile or vessel (including a boat or personal watercraft, with its motor and trailer) that is titled, or required to be titled or registered, under Washington law or the law of another state. A Vehicle is removed only under Section 14.
2. Services and Work Orders
2.1 Company shall perform the Services described on the Work Order at the Premises on the scheduled date.
2.2 Company may use its employees and, for disposal, recycling, transport or processing, qualified third parties of Company's choice.
3. Price and Changes
3.1 On-site price. Company prices a job by the space the Customer Materials take in its truck and the work involved. The minimum price is $99, which covers one or two items. Heavy materials (such as concrete, dirt, rock or roofing), hoarding or other difficult conditions, extra crew, dismantling and an unusually long carry are reflected in the quoted price and are not charged as separate fees. Any estimate given online, by phone, by text or through an AI assistant is an estimate only. Company shall quote the price at the Premises after viewing the Customer Materials, and will not begin Loading until Customer approves the price on the Work Order. The approved price is the price for the Customer Materials and volume described on the Work Order, plus the refuse tax and the fees for any Surcharge Items under Section 3.3, subject only to Section 3.2. The fee for any Surcharge Item that Customer has disclosed is included in the written quote or Work Order before work begins.
3.2 Changes. The price changes only for the following:
(a) items or volume that Customer adds after approving the price, priced the same way as the original quote and approved by Customer before Company loads them; and
(b) Surcharge Items or Prohibited Materials that were not disclosed and are discovered after Loading, under Section 4.4.
3.3 Refuse tax and Surcharge Items. Washington State refuse collection tax, currently 3.6%, is added to the price of every job. The only per-item fees are for Surcharge Items: tires at $10 to $40 each depending on size, and latex paint at $10 per gallon. Company charges no other per-item, stair, carry or disposal fee.
3.4 Company shall record each change on the Work Order or by written notice to Customer.
4. Prohibited Materials and Surcharge Items
4.1 Prohibited Materials. Company does not accept, and Customer shall not include among the Customer Materials, any of the following ("Prohibited Materials"):
(a) hazardous substances or hazardous waste regulated under federal, state or local law, including solvents, pesticides, poisons, pool chemicals, fuel, motor oil and other flammable or corrosive liquids;
(b) asbestos or materials suspected of containing asbestos;
(c) medical or biohazardous waste, sharps and bodily fluids;
(d) explosives, ammunition, firearms and fireworks;
(e) compressed gas cylinders other than empty propane cylinders with valves closed;
(f) radioactive materials and PCB-containing equipment;
(g) human or animal remains;
(h) wet or loose food waste; and
(i) any item whose transport or disposal by Company would violate law.
4.2 Surcharge Items. Company accepts tires and latex paint at the fees in Section 3.3 ("Surcharge Items"). Empty propane cylinders with valves closed are accepted at no extra charge.
4.3 Refusal. Company may refuse any item it reasonably believes is a Prohibited Material or cannot be lawfully transported or disposed of. Refused items remain Customer's property and responsibility.
4.4 Undisclosed items. If Company discovers after Loading that Customer Materials included a Surcharge Item or Prohibited Material that Customer did not disclose, Customer shall pay (i) for a Surcharge Item, the fee in Section 3.3, or (ii) for a Prohibited Material, Company's actual cost of lawful handling and disposal plus a handling charge of twenty percent (20%) of that cost, together with any fine or penalty imposed on Company because of that item. Company shall give Customer an itemized statement with photographs within ten (10) business days after the Services.
5. Customer Materials; Transfer of Title
5.1 Customer warranty. Customer represents and warrants that Customer owns the Customer Materials or is authorized by every owner to give them up, and that no other person holds an interest in them.
5.2 Transfer of title. Upon Loading, Customer gives up all right, title and interest in each loaded item, and title passes to Company. Company may keep, donate, recycle, sell or dispose of the item in its discretion and shall retain any proceeds or value without accounting to Customer. Customer is not entitled to a donation receipt for items Company later donates.
5.3 Exceptions. Notwithstanding Section 5.2, (i) title to any Prohibited Material never passes to Company and remains with Customer, and (ii) Section 5.2 does not apply to any Vehicle, which is governed by Section 14.
5.4 Contents and valuables. Customer is responsible for removing cash, jewelry, documents, photographs, keepsakes and other valuables from the Customer Materials, including drawers, boxes and bags, before Loading. Company has no duty to search loaded items and no obligation to return any item after Loading. If Customer asks Company in writing within twenty-four (24) hours after the Services to retrieve a specific item, Company may attempt retrieval at its hourly rate, without any guarantee of recovery.
6. Access, Premises and Driving Surfaces
6.1 Authority. Customer represents and warrants that Customer owns the Premises or is the authorized agent of every owner, and has the authority to permit Company to enter the Premises and remove the Customer Materials.
6.2 Customer responsibilities. Customer shall, at Customer's cost, (i) provide a clear and safe path to the Customer Materials, (ii) obtain any parking permit, building or association approval, elevator reservation or gate access required, (iii) secure pets, and (iv) be present, or have an authorized representative present or reachable by phone, at the scheduled time.
6.3 Driving surfaces. Company recommends against driving its vehicles on lawns, unpaved areas, septic fields and paved surfaces not built for heavy trucks, and will do so only when Customer directs it in writing on the Work Order. When Customer so directs, Customer assumes the risk of, and Company is not liable for, damage caused by the weight and normal operation of Company's vehicles on the surface Customer designated, including cracking, settling or rutting of driveways, walkways and lawns, and damage to sprinkler, septic, utility or other buried lines that Customer has not marked; provided, however, that this Section 6.3 does not apply to damage caused by Company's negligent operation of a vehicle, such as striking a structure, fence or vehicle.
6.4 Extraordinary access. If removal requires access through unpaved areas, dismantling, or efforts beyond those described on the Work Order, Company shall quote a revised price that reflects that work, and Company shall perform that work only after Customer approves the revised price.
7. Scheduling, Cancellation and Deposits
7.1 Deposit. Company may require a deposit for any job scheduled for three (3) hours or longer (a "Large Job") or involving special handling. The deposit amount shall be stated on the Work Order at booking and shall be applied to the price.
7.2 Required notice. Customer may cancel or reschedule without charge by notifying Company at (253) 722-4285 or in writing under Section 17.3 at least twenty-four (24) hours before the scheduled start time, or, for a Large Job, at least seven (7) days before the scheduled start time.
7.3 Late Cancellation Fee. If Customer (i) cancels or reschedules with less notice than Section 7.2 requires, (ii) is not available at the scheduled time, or (iii) fails to provide access to the Premises or the Customer Materials, Customer shall pay a Late Cancellation Fee equal to (a) for a standard job, the lesser of One Hundred Fifty Dollars ($150) or the quoted price, or (b) for a Large Job, twenty-five percent (25%) of the estimated price stated on the Work Order. Company may retain the Late Cancellation Fee from any deposit. The parties agree that a crew and truck reserved for Customer cannot readily be rebooked on short notice, that Company's resulting loss is difficult to measure, and that the Late Cancellation Fee is a reasonable estimate of that loss and not a penalty.
7.4 Refund. Company shall refund any deposit, less any Late Cancellation Fee then due, within ten (10) business days after a cancellation. If Company cancels a scheduled job for any reason, Company shall refund the full deposit within ten (10) business days, unless Customer chooses to reschedule.
8. Payment, Card Authorization and Payment Disputes
8.1 Due date. Payment is due in full upon completion of the Services, unless Company has approved Customer for invoicing in writing. An invoiced amount is due on the due date stated on the invoice or, if none, fifteen (15) days after the invoice date.
8.2 Card authorization. If Customer provides a payment card, Customer authorizes Company to charge that card for (i) the price, (ii) approved changes under Section 3.2, (iii) any Late Cancellation Fee, and (iv) any amount due under Section 4.4, up to Five Hundred Dollars ($500) without further approval, after Company sends Customer the itemized statement and photographs that Section 4.4 requires.
8.3 Completion acknowledgment. At the end of the Services, Company may ask Customer to confirm completion on the Work Order. Customer's confirmation, or Customer's failure to report a problem under Section 8.4 or Section 11.1, is an acknowledgment that the Services were performed as described.
8.4 Disputes. If Customer believes a charge is incorrect, Customer agrees to notify Company under Section 17.3 and allow Company ten (10) days to resolve the concern before disputing the charge with Customer's card issuer or bank. If Customer disputes or reverses a payment for Services that Company performed, the reversed amount, together with any fee Company's payment processor charges for the dispute, remains due, and the reversal is an Event of Default under Section 9.1. Customer authorizes Company to provide this Agreement, the Work Order, photographs and job records to the card issuer or bank in response to a dispute. Nothing in this Agreement limits any right Customer has under federal law to dispute a billing error with Customer's card issuer.
9. Default, Interest and Collection
9.1 Event of Default. Each of the following is an "Event of Default": (i) Customer fails to pay any amount when due; (ii) Customer reverses or disputes a payment as described in Section 8.4; or (iii) Customer breaches any other term of this Agreement and does not cure the breach within ten (10) days after notice from Company.
9.2 Interest. Any amount not paid when due bears simple interest from the due date until paid at the rate of (i) one percent (1%) per month (twelve percent (12%) per annum) for a Residential Customer, or (ii) one and one-half percent (1.5%) per month (eighteen percent (18%) per annum) for a Commercial Customer. If any rate exceeds the maximum rate permitted by law, the rate shall be reduced to that maximum, and any excess collected shall be credited against principal.
9.3 Commercial late fee and collection costs. A Commercial Customer shall also pay (i) a late fee of Fifty Dollars ($50) for each invoice that remains unpaid thirty (30) days after its due date, and (ii) all costs of collection, including the fee charged by any licensed collection agency, in an amount not exceeding thirty-five percent (35%) of the unpaid claim.
9.4 Dishonored payments. If any check or electronic payment is dishonored, Customer shall pay the handling fee, interest and costs permitted by RCW 62A.3-515, in addition to the amount of the payment.
9.5 Referral and reporting. Company may refer any unpaid amount to a licensed collection agency. Customer is notified that unpaid amounts may be reported to consumer or business credit reporting agencies as permitted by law.
9.6 Remedies cumulative. Company's remedies under this Agreement are cumulative and are in addition to any other remedy available at law or in equity.
10. Disposal, Recycling and Donation
10.1 Company shall dispose of the Customer Materials in the manner Company determines appropriate and in compliance with applicable law. Company works to recycle and donate as much as practical but does not promise that any item will be recycled or donated. Circumstances that can prevent recycling or donation include refusal by a recycling or donation center, the condition or contamination of an item, infestation, and weather, holidays or other events beyond Company's control.
11. Damage Claims; Limitation of Liability
11.1 Notice of damage. Customer shall report any claim of damage to the Premises or property caused by the Services to Company under Section 17.3, with photographs, within seventy-two (72) hours after completion of the Services, or within seven (7) days for damage that could not reasonably have been discovered sooner. Except in an emergency, Customer shall give Company a reasonable opportunity to inspect the damage before it is repaired. Company is not liable for any claim not reported within these periods to the extent Company's ability to investigate or repair was prejudiced by the delay.
11.2 Repair or payment. For any damage for which Company is responsible, Company may, at its election, (i) repair the damage using a contractor of Company's choice, or (ii) pay the lesser of the reasonable cost of repair or the actual cash value of the damaged property.
11.3 Exclusions. Company is not liable for (i) pre-existing damage or wear; (ii) damage to Customer Materials; (iii) damage described in Section 6.3; (iv) damage to doorways, walls, floors or railings that is reasonably unavoidable in removing an item Customer directs Company to remove, where Company informed Customer of that risk on the Work Order before the work; or (v) damage caused by Prohibited Materials or by Customer's breach of this Agreement.
11.4 No consequential damages. Company is not liable for lost profits, loss of use, or any incidental, consequential, special or punitive damages.
11.5 Limitation of liability. COMPANY'S TOTAL LIABILITY FOR DAMAGE TO PROPERTY ARISING OUT OF THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED (i) FOR A COMMERCIAL CUSTOMER, THE TOTAL PRICE PAID UNDER THE WORK ORDER, OR (ii) FOR A RESIDENTIAL CUSTOMER, THE GREATER OF THE TOTAL PRICE PAID UNDER THE WORK ORDER OR TEN THOUSAND DOLLARS ($10,000).
11.6 Not limited. Nothing in this Agreement limits or excludes Company's liability for bodily injury or death caused by the negligence of Company or its employees, or for damage caused by Company's gross negligence or willful misconduct.
12. Indemnification
12.1 Customer shall defend, indemnify and hold harmless Company and its owners, employees and agents from all claims, demands, fines, penalties, cleanup orders, losses and expenses, including reasonable attorneys' fees, brought or imposed by any third party or governmental authority to the extent arising from:
(a) Prohibited Materials or undisclosed Surcharge Items included among the Customer Materials;
(b) any breach of Customer's representations in Section 5.1, Section 6.1, Section 13 or Section 22;
(c) any claim by a person asserting an interest in the Customer Materials or the Premises, including a tenant, occupant, co-owner, heir, creditor or lienholder; or
(d) the negligence or willful misconduct of Customer or Customer's guests, tenants or invitees.
12.2 Customer's obligations under Section 12.1 do not apply to the extent a loss is caused by the negligence or willful misconduct of Company or its employees.
13. Commercial Customers: Authority and Tenant Property
13.1 Agency. If a Commercial Customer accepts this Agreement as agent or property manager for a property owner, the Commercial Customer represents that it is authorized to bind the owner, and the Commercial Customer and the owner are jointly and severally liable for all amounts due under this Agreement.
13.2 Tenant and occupant property. If the Customer Materials include property belonging to a current or former tenant or occupant of the Premises, the Commercial Customer represents and warrants that (i) it has complied with RCW 59.18.310, RCW 59.18.312, RCW 59.18.595 and any other law governing the storage, notice and disposal of that property, (ii) every required notice and storage period has expired, and (iii) Company may lawfully remove and dispose of that property. Company has no duty to verify that compliance.
14. Vehicle and Vessel Removal
14.1 Application. This Section 14 applies whenever the Customer Materials include a Vehicle, and it controls over any conflicting provision of this Agreement or the Work Order as to that Vehicle. Section 5.2 does not apply to a Vehicle; it applies to personal property removed from a Vehicle under Section 14.10.
14.2 Definitions. In this Section 14:
(a) "Licensed Processor" means the licensed vehicle wrecker, scrap processor or vessel disposal facility that receives the Vehicle, together with the licensed hulk hauler, registered tow truck operator or other licensed carrier that transports it, each selected by Company;
(b) "Third-Party Cost" means the amount Company pays the Licensed Processor to transport and process the Vehicle, as stated on the Work Order;
(c) "Removal Price" means the total price for removal of the Vehicle stated on the Work Order;
(d) "Pickup" occurs at the earliest of (i) connection of the Vehicle to a tow vehicle or loading of the Vehicle onto a trailer or carrier, (ii) the Vehicle leaving the Premises, or (iii) the start of any dismantling of the Vehicle;
(e) "Identification Number" means the vehicle identification number or, for a vessel, the hull identification number; and
(f) "Cleared Funds" means (i) cash, (ii) a cashier's check drawn on a United States bank that Company has verified with the issuing bank, (iii) an ACH or bank transfer received in Company's account, or (iv) a payment card presented in person by the cardholder at the Premises and processed by chip or contactless tap.
14.3 Company's role. Company arranges removal of the Vehicle as Customer's agent. Company does not purchase, acquire or take title to the Vehicle, and Company does not dismantle the Vehicle. Customer shall release ownership of the Vehicle directly to the Licensed Processor, which shall transport, dismantle and process the Vehicle.
14.4 Deposit. Customer shall pay a deposit in the amount stated on the Work Order (the "Vehicle Deposit"), which shall be not less than the Third-Party Cost, before Company schedules the Licensed Processor. The Vehicle Deposit is applied to the Removal Price.
14.5 Payment before Pickup. Customer shall pay the balance of the Removal Price in full before Pickup, either (i) in Cleared Funds, or (ii) by a charge to a payment card that Customer authorizes on the Work Order (the "Card on File"). Customer authorizes Company to charge the Card on File for the balance of the Removal Price, and to place an authorization hold for that amount, at any time on or before the day of Pickup. Company shall not begin Pickup until the balance has been paid or the charge to the Card on File has been approved. Company does not accept personal checks for the Removal Price. Customer also authorizes Company to charge the Card on File for amounts due under Section 14.10(c), up to One Thousand Dollars ($1,000) without further approval, after Company sends Customer the itemized statement and photographs that Section 14.10(c) requires.
14.6 Title Documents. At or before Pickup, Customer shall deliver to Company, for delivery to the Licensed Processor (together, the "Title Documents"):
(a) the original certificate of title for the Vehicle issued under chapter 46.12 RCW or chapter 88.02 RCW, or by another state, with the release of interest signed by every registered owner and every legal owner;
(b) a lien release from every secured party or lienholder shown on the title or of record with the Washington Department of Licensing;
(c) if Customer is not the owner shown on the title, written evidence of Customer's authority to release the Vehicle, as described in Section 14.9; and
(d) government-issued photo identification for each person signing the release of interest.
If the original title is not available, Customer shall instead deliver a duplicate title issued by the Washington Department of Licensing, an affidavit of sale signed by the landowner after compliance with RCW 46.55.230, or another document that the Licensed Processor accepts as a title document under Washington law. Company is not obligated to perform Pickup until it receives Title Documents that satisfy the Licensed Processor.
14.7 Ownership warranties; report of sale; indemnity. Customer represents and warrants that (i) the persons signing the release of interest are all of the registered and legal owners of the Vehicle; (ii) the Vehicle is free of all liens, security interests and claims, other than any lien released under Section 14.6(b); (iii) the Vehicle is not stolen, impounded, subject to seizure or the subject of any dispute over ownership; (iv) the Identification Number on the Vehicle matches the Title Documents; and (v) Customer has the right to authorize removal and destruction of the Vehicle. Within five (5) business days after Pickup, Customer shall file a report of sale with the Washington Department of Licensing as required by RCW 46.12.650 or chapter 88.02 RCW, identifying the Licensed Processor named on the Work Order as the person acquiring the Vehicle. Customer remains responsible for any parking ticket, toll, tow, impound, moorage or other charge relating to the Vehicle incurred before Pickup or caused by Customer's failure to file the report of sale. Customer shall defend, indemnify and hold harmless Company and the Licensed Processor from all claims, losses and expenses, including reasonable attorneys' fees, arising from any breach of this Section 14.7 or from any claim by a person asserting an ownership, lien or other interest in the Vehicle or its contents.
14.8 Charge earned at Pickup; payment disputes. Customer acknowledges that at Pickup Company becomes obligated to pay the Third-Party Cost to the Licensed Processor, that this cost cannot be recovered once the Vehicle is removed and processed, and that the Vehicle cannot be returned. Accordingly, the full Removal Price is earned at Pickup and is not refundable after Pickup, and Customer agrees not to dispute any charge on the ground that the service was not provided once Pickup has occurred. Section 8.4 applies to the Vehicle. If Customer disputes or reverses any payment of the Removal Price after Pickup, (i) the full Removal Price, the payment processor's dispute fee and interest under Section 9.2 become immediately due, (ii) the reversal is an Event of Default under Section 9.1, and (iii) Customer authorizes Company to give the card issuer or bank this Agreement, the Work Order, the Title Documents, photographs and video of the Vehicle and Pickup, the Licensed Processor's receipt, and Customer's communications with Company. Nothing in this Agreement limits any right Customer has under federal law to dispute a billing error with Customer's card issuer.
14.9 Multiple owners, entities and estates. If more than one person owns the Vehicle or accepts this Agreement, each is jointly and severally liable for all of Customer's obligations relating to the Vehicle. If Customer is a business, trust, association or other entity, the individual accepting for Customer represents that the individual is authorized to bind Customer and to release the Vehicle, and personally guarantees Customer's obligations relating to the Vehicle under Section 23. If the owner of the Vehicle has died, the person accepting for Customer shall deliver (i) letters testamentary or letters of administration showing that the person is the personal representative of the owner's estate, or (ii) an affidavit of successor in interest under chapter 11.62 RCW or another document accepted by the Washington Department of Licensing to transfer the Vehicle, together with a certified copy of the death certificate, and represents that the person has authority to release the Vehicle and that no other heir or beneficiary has an interest in it. A person who accepts this Agreement without that authority is personally liable for Customer's obligations relating to the Vehicle.
14.10 Contents, fluids and hazardous items.
(a) Before Pickup, Customer shall remove all personal property from the Vehicle. Any personal property remaining in the Vehicle at Pickup is abandoned by Customer and may be disposed of by Company or the Licensed Processor without liability.
(b) Customer shall disclose on the Work Order, and close, drain or remove where indicated, the following: propane tanks and cylinders (valves closed); fuel, oil, coolant and other fluids; lead-acid and lithium batteries; generators; black-water and gray-water holding tanks and bilges (emptied); air-conditioning units and refrigerators containing refrigerant; and any mold, rodent or insect infestation, animal waste, sharps or biohazard. Customer shall remove all firearms, ammunition, flares, explosives and controlled substances before Pickup. Section 4 applies to the Vehicle and its contents.
(c) If the Licensed Processor or Company discovers after Pickup an item described in Section 14.10(b) that Customer did not disclose, or a holding tank or bilge that was not emptied, Customer shall pay the actual charge of the Licensed Processor or other lawful handler plus a handling charge of twenty percent (20%) of that charge. Company shall give Customer an itemized statement with photographs within ten (10) business days after Pickup.
14.11 Access. Customer shall provide a clear path for the tow vehicle or carrier from the street or launch to the Vehicle and shall disclose soft ground, low wires, overhanging branches and buried lines along that path. Section 6.3 applies to the route Customer designates for the tow vehicle or carrier.
14.12 Cancellation and failed Pickup. Section 7 does not apply to a Vehicle; this Section 14.12 does.
(a) If Customer cancels at least seventy-two (72) hours before the scheduled Pickup, Company shall refund the Vehicle Deposit, less any cancellation or dry-run charge that the Licensed Processor actually charges Company, within ten (10) business days, and shall give Customer a copy of that charge.
(b) If Customer cancels less than seventy-two (72) hours before the scheduled Pickup, or Pickup cannot proceed at the scheduled time because Customer has not delivered the Title Documents, paid the Removal Price, removed the contents or provided access, Company may retain from the Vehicle Deposit (i) any cancellation or dry-run charge that the Licensed Processor actually charges Company, and (ii) a Vehicle Late Cancellation Fee of Two Hundred Fifty Dollars ($250), which the parties agree is a reasonable estimate of Company's crew, scheduling and coordination loss and not a penalty. Company shall refund the balance of the Vehicle Deposit within ten (10) business days, unless Customer reschedules Pickup.
(c) If Company or the Licensed Processor cancels and Customer does not reschedule, Company shall refund the full Vehicle Deposit within ten (10) business days.
14.13 Collection. Sections 9, 18, 19 and 23 apply to all amounts due relating to a Vehicle, including the Removal Price, any amount due under Section 14.10(c) or Section 14.12(b), any payment processor dispute fee, and interest under Section 9.2.
15. Photographs and Job Records
15.1 Customer consents to Company photographing and recording the Premises, the Customer Materials and the Services before, during and after the work, for documentation, billing, claims and dispute purposes.
15.2 Company may use photographs in its advertising and social media only if the photographs do not identify Customer, the street address, a building or business name, or any person. Customer may opt out of advertising use at any time by notice under Section 17.3.
16. Release of Customer Information
16.1 Customer authorizes Company to disclose information about Customer, the Premises and the Customer Materials as required by law or as requested by a court, a law enforcement agency or a governmental authority, including code enforcement and solid waste officials. Company's handling of personal information is otherwise described in its Privacy Policy.
17. Electronic Signatures, Records and Notices
17.1 Consent. Customer agrees to conduct this transaction electronically. Customer's electronic signature or electronic approval of this Agreement or a Work Order has the same effect as a handwritten signature.
17.2 Copies. Company shall deliver a copy of this Agreement and each Work Order to Customer by email or text message link in a form Customer can save and print. Customer may request a paper copy at no charge.
17.3 Notices. Notices to Company shall be sent to 99junkremoval@gmail.com or to Pacific Waste Management LLC dba 99 Junk Removal, PO Box 729, Bellevue, Washington 98005-0729. Notices to Customer may be sent to the email address, mobile number or mailing address on the Work Order. A notice is effective when sent by email or text message, or three (3) days after mailing.
18. Governing Law; Dispute Resolution; Arbitration
18.1 Governing law. This Agreement is governed by the laws of the State of Washington, without regard to its conflict-of-laws principles.
18.2 Arbitration. Any controversy, dispute or claim arising out of or relating to this Agreement or the Services, or the breach, termination, enforcement, interpretation or validity of this Agreement, shall be finally resolved by binding arbitration administered by JAMS at its Seattle Resolution Center, before a single arbitrator, seated in King County, Washington, and conducted under the JAMS Comprehensive Arbitration Rules and Procedures then in effect (or, where the aggregate amount in dispute is less than Two Hundred Fifty Thousand Dollars ($250,000), the JAMS Streamlined Arbitration Rules and Procedures). Judgment on the award may be entered in any court of competent jurisdiction.
18.3 Small claims. Notwithstanding Section 18.2, either party may bring an individual claim within the jurisdictional limit of the small claims department of a Washington district court, in the district in which venue is proper under Washington law, including any claim by Company to collect amounts due under this Agreement.
19. Costs; Prevailing Party; Cost of Recovery
19.1 Costs; prevailing party. The prevailing party shall recover from the non-prevailing party all costs of the arbitration, including without limitation the JAMS filing and administrative fees, the arbitrator's compensation and expenses, and the prevailing party's reasonable attorneys' fees, expert fees and costs. The arbitrator shall designate the prevailing party and award such costs and fees in full.
19.2 Cost of Recovery Fee. If Company commences arbitration (or is required to file a demand or other action) to collect amounts owed to it under this Agreement or to enforce this Agreement, and Company is awarded any amount or Customer is found to have breached, Customer shall pay Company a fixed Cost-of-Recovery Fee of Five Thousand Dollars ($5,000), which the parties agree is a reasonable pre-estimate of Company's internal management, administrative and preparation time and cost of recovery, a cost the parties agree is inherently difficult to quantify. This fee is not intended to include, and is in addition to, the arbitration administrative costs, arbitrator compensation and recoverable attorneys' fees. This fee shall be added to the amount claimed by Company and included in the arbitrator's award. This Cost-of-Recovery Fee runs solely in favor of Company as the party bearing the cost of collection and enforcement.
20. Force Majeure
20.1 Company is not liable for any delay, interruption or failure to perform caused by circumstances beyond its reasonable control, including acts of God, acts of governmental authority, riot, war, terrorism, epidemic, labor shortage, strike, failure or delay of transportation, disposal-facility closure, fire, flood, storm, earthquake, severe weather or serious accident (each, a "Force Majeure Event"), and Company is excused from further performance while the Force Majeure Event continues.
20.2 If a Force Majeure Event prevents Company from performing a scheduled job, Company shall reschedule the job or, if Customer so elects, refund any deposit under Section 7.4.
21. General Provisions
21.1 Non-waiver. A party's failure at any time to require performance or to claim a breach is not a waiver of any later breach and does not affect the validity of this Agreement.
21.2 Succession. This Agreement binds and benefits the parties and their heirs, executors, administrators, personal representatives, successors and assigns. Company may assign its right to payment without Customer's consent.
21.3 Severability. Each provision of this Agreement shall be interpreted to be effective and valid under Washington law. If any provision, or its application to any person or circumstance, is held invalid or unenforceable, that provision shall be enforced to the maximum extent permitted and reformed to the minimum extent necessary, and the remainder of this Agreement shall remain in effect.
21.4 Survival. Sections 5, 8, 9, 11, 12, 13, 14, 18, 19 and 23 survive completion of the Services.
21.5 Entire agreement. This Agreement and each Work Order are the entire agreement of the parties concerning the Services and supersede all prior agreements, estimates, quotes and understandings. No employee or agent of Company may make any representation, warranty or agreement not stated in those documents.
21.6 Order of precedence. If this Agreement and a Work Order conflict, the Work Order controls only as to price, scope, schedule and deposit, except that Section 14 controls as to any Vehicle.
21.7 Amendment. This Agreement may be amended only by a written or electronic document approved by Company and Customer.
22. Acceptance and Authority
22.1 Acceptance. Customer accepts this Agreement by signing, approving or accepting a quote, estimate or Work Order that refers to this Agreement, including by typed or drawn electronic signature. That acceptance has the same effect as signing this Agreement, and no separate signature on this Agreement is required.
22.2 Authority. The individual who accepts this Agreement represents that the individual is at least eighteen (18) years old and, if accepting for an entity, estate, trust or other person, is authorized to bind that Customer. If the individual lacks that authority, the individual is personally liable for Customer's obligations under this Agreement.
23. Personal Guaranty for Vehicle Removal
23.1 When it applies. This Section 23 applies only when the Services include removal of a Vehicle. It does not apply to any other Services.
23.2 Guaranty. BY ACCEPTING A WORK ORDER THAT INCLUDES REMOVAL OF A VEHICLE, THE INDIVIDUAL WHO ACCEPTS IT PERSONALLY GUARANTEES PAYMENT OF CUSTOMER'S OBLIGATIONS RELATING TO THE VEHICLE. In consideration of Company arranging removal of the Vehicle, that individual (the "Guarantor") unconditionally guarantees to Company the full and prompt payment of every amount Customer owes under this Agreement relating to the Vehicle, including the Removal Price, any amount due under Section 14.10(c) or Section 14.12(b), any payment processor dispute fee, interest, and the costs and fees due under Section 19. This guaranty applies whether the Guarantor accepts as an owner of the Vehicle, for another owner, or for an estate, trust, business or other entity.
23.3 Terms of the guaranty. The Guarantor is jointly and severally liable with Customer. This is a guaranty of payment and not of collection. Company may enforce this guaranty without first proceeding against Customer, the Vehicle or any other person. The Guarantor waives notice of acceptance, presentment, demand, protest and notice of default, and agrees that any extension of time or other change agreed with Customer does not release the Guarantor. Sections 18 and 19 apply to this guaranty.