Terms & Conditions

After you have finished filling your RHINOBAG™, please download our printer friendly Disclosure Form. Once you have filled in the form, tuck it into the plastic pouch on the outside of the RHINOBAG™ prior to calling to arrange for pick up.

The RHINOBAG, GRYPHON WASTE SOLUTIONS
Terms and Conditions
8/14/2008

READ THE FOLLOWING TERMS CAREFULLY. THE CONTAINER AND OUR SERVICES ARE PROVIDED TO YOU SUBJECT TO THE TERMS. USE OF THE CONTAINER OR ANY RHINOBAG(tm), GRYPHON WASTE SOLUTIONS SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS. These terms and conditions ("Terms") govern the relationship between RHINOBAG(tm), GRYPHON WASTE SOLUTIONS ("RHINOBAG"), any distributor you may have purchased the RHINOBAG(tm) (the "Container") from ("Distributor"). You must read and agree to the following Terms. If you do not accept these Terms, our services may not be used by you, however, you may return the Container within five (5) business days (the "Return Period") from the day you received the Container. To exercise your return right, call RHINOBAG at 1-800-468-5865 prior to the expiration of the Return Period for return instructions or return the Container to the place of purchase prior to the expiration of the Return Period. RHINOBAG offers the Container for the removal and disposal of certain types of household debris (the "Debris").

USE OF CONTAINER - You are responsible for compliance with all state, Federal and local laws, rules and regulations, and for properly using, and loading the Container in accordance with the enclosed instructions, and those set forth on the RHINOBAG Web site ("Web Site") from time to time, (www.Rhinobag.com). You may only use the Container for items permitted in the Instructions. You are responsible for the contents of the Container (including hazardous waste). You may only use the Container only as permitted in the instructions included with the Container. Collection and disposal fees are not included in the purchase price of the Container. You are responsible for all collection and disposal fees. Except as expressly set forth in these Terms, RHINOBAG has no other obligation, express or implied, to provide additional services or products to you or your customers, including but not limited to loading, collecting or disposal relating to the Container. In the event that you do not follow these Terms or any other instructions provided by RHINOBAG, RHINOBAG reserves the right to reject the Container.

DISCLAIMER OF WARRANTY - NO REPRESENTATION OR STATEMENT MADE BY ANY EMPLOYEE, AGENT, OR REPRESENTATIVE OF RHINOBAG WILL BE BINDING ON RHINOBAG.
THE CONTAINER IS PROVIDED "AS IS, WHERE IS" AND RHINOBAG AND ITS SUPPLIERS AND SHIPPERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RHINOBAG AND ITS SUPPLIERS, OFFICERS, AGENTS, AFFILIATES, SHIPPERS, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO THESE TERMS OR THE CONTAINER OR SERVICES RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY RELATING TO ANY INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY MATTER BEYOND RHINOBAG'S REASONABLE COMMERCIAL CONTROL EVEN IF RHINOBAG WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RHINOBAG BE RESPONSIBLE FOR YOUR INABILITY TO PROCURE DISPOSAL OF THE CONTAINER. IN NO EVENT SHALL RHINOBAG BE LIABLE TO YOU OR YOUR REPRESENTATIVES OR AFFILIATES FOR ANY AMOUNT MORE THAN THE AMOUNT RECEIVED BY RHINOBAG FRO YOU OR YOUR DISTRIBUTOR FOR THE CONTAINER.

DIFFERENT OR ADDITIONAL TERMS - Acceptance of your offer to purchase the container is expressly made conditional on assent to the terms provided herein. Any additional or different terms or conditions contained in any document furnished by you, including but not limited to any acknowledgment, are deemed to be material and are hereby objected to and rejected by RHINOBAG. If such agreement shall be deemed an offer or counter-offer by you, RHINOBAG expressly rejects such offer or counter-offer and limits acceptance to the terms contained herein and expressly objects to any different or additional terms proposed by you and any actual performance by you or tubs thereafter shall be deemed a renewal of the offer contained in these terms and conditions and acceptance thereof by you. Your use of the container will constitute acceptance of these terms without change.

INDEMNITY - You will indemnify, defend (at RHINOBAG'S option), and hold harmless, RHINOBAG and its affiliates, and directors, shareholders, agents, carriers, shippers, couriers, and employees (each of them "Indemnitees"), from and against any fine, penalty, loss, cost, damage, injury, claim, expense, including reasonable attorneys' fees, or liability (individually and collectively "Liabilities"), including, but not limited to, Liabilities associated with or arising out of material in the Container, improper packaging of the Container, environmental matters, shipment of unauthorized materials, failure to follow RHINOBAG'S instructions included with the Container or contained on the Web Site, or a breach of any warranty, representation or covenant of You. This Section will survive any termination of the parties' relationship.

ENTIRE AGREEMENT, CONSTRUCTION - The Terms constitute the entire agreement between You and RHINOBAG with respect to the purchase and use of any Container, superseding all prior communications, agreements or correspondence between us or our representatives; provided, however, obligations which apply to your use of the Container set forth on or in the Container, the package in which the Container is sold or on the Web Site from time to time, such as shipping instructions, are hereby incorporated herein. It is your obligation to check and be aware of such obligations when receiving, using, and disposing of the Container. No provision of the Terms will be deemed waived, amended, or modified by either party unless such waiver, amendment, or modification be in writing signed by the party against whom enforcement is sought. The heading or subheadings of paragraphs contained in these Terms are used for convenience and ease of reference and will not limit the scope or intent of the clause. The laws applicable to these Terms will be the laws of the State of Florida without regard to its conflict of laws. If either party commences suit, action or other legal proceeding against the other that relates to these Terms or any Container, the forum for the same, including without limitation the forum
of the trial, will take place only in Dade County, Florida. Both parties agree to accept the exclusive jurisdiction of such courts and both parties waive any objection to venue in such courts. Each provision of these Terms will be interpreted so as to be valid under applicable law. If any provision of these Terms is found invalid, to the extent possible, it will be amended in such a manner that the invalid provision will be made valid under applicable law without invalidating the remainder of that provision or any other provisions of these Terms.