Leasing Terms and Conditions
Last Updated 11/2025
These Master Terms and Conditions (the “Terms”) govern all transactions, agreements, leases, rentals, sales, service arrangements, quotations, proposals, order forms, work orders, invoices, email agreements, and other understandings (collectively, “Customer Agreements”) between ACC Compactors, LLC or any of its affiliates or assigns (“ACC,” “Lessor,” or “Company”) and the customer (“Customer” or “Lessee”), unless a written agreement signed by ACC expressly states otherwise.
By accepting delivery of equipment, requesting services, approving a quotation, executing an order form, or otherwise authorizing ACC to provide equipment or services, Customer agrees to be bound by these Terms.
1. APPLICATION, PRIORITY, AND MODIFICATION OF TERMS
1.1 Governing Terms. These Terms apply to all Customer Agreements and shall control over any conflicting or additional terms proposed by Customer, whether contained in purchase orders, emails, invoices, or other documents, unless expressly accepted in writing by an authorized officer of ACC.
1.2 Updates to Terms. ACC may amend these Terms from time to time by posting an updated version on its website. The version in effect at the time services are rendered or equipment is provided shall govern, unless otherwise agreed in writing.
1.3 Order of Precedence. If a conflict exists between these Terms and a signed written agreement or order form, the signed written document shall control only as to the specific conflicting provision.
2. EQUIPMENT LEASE; OWNERSHIP
2.1 Lease of Equipment. ACC leases to Customer the equipment identified in the applicable Customer Agreement (“Equipment”).
2.2 Term. The lease term shall commence on the date of installation or delivery (“Effective Date”) and shall continue for the initial term stated in the applicable Customer Agreement. Unless otherwise stated, the lease shall automatically renew for successive renewal terms unless either party provides written notice of non-renewal at least ninety (90) days prior to the end of the then-current term.
2.3 Ownership. Title to the Equipment shall at all times remain solely with ACC. Customer acquires no ownership, security interest, or other rights in the Equipment.
2.4 No Sublease or Transfer. Customer may not sublease, transfer, pledge, or permit any lien to attach to the Equipment without ACC’s prior written consent.
3. PAYMENT TERMS
3.1 Fees. Customer shall pay all lease fees, service fees, installation charges, freight, taxes, and other amounts stated in the applicable Customer Agreement.
3.2 Billing Cycle. Unless otherwise stated, recurring charges are billed monthly in advance and are due on the first (1st) day of each month.
3.3 Late Fees and Finance Charges. Past due amounts shall incur a late fee of five percent (5%) of the overdue amount and a finance charge of one and one-half percent (1.5%) per month (or the maximum rate allowed by law, if less).
3.4 Rate Adjustments. ACC may increase recurring fees annually by not less than three percent (3%). ACC may implement additional increases with thirty (30) days’ written notice due to changes in operating costs, regulatory requirements, or market conditions.
3.5 Suspension of Service. ACC may suspend service or access to Equipment for nonpayment without waiving any other rights.
4. CUSTOMER RESPONSIBILITIES; CARE OF EQUIPMENT
4.1 Care, Custody, and Control. Customer has exclusive care, custody, and control of the Equipment and is fully responsible for its proper use, security, and condition, except when physically handled by ACC.
4.2 Inspection. ACC may inspect the Equipment upon reasonable notice.
4.3 Delivery and Removal Costs. Customer shall pay all delivery, rigging, removal, and freight costs.
5. MAINTENANCE AND SERVICE
5.1 Exclusive Provider. ACC shall be the exclusive provider of compactor and baler service for the Equipment location during the term.
5.2 Covered Maintenance. ACC shall provide major maintenance required for normal operation under proper use.
5.3 Excluded Services. The following are not covered and will be billed separately: electrical issues, power supply problems, fuses, breakers, surges, brownouts, broken keys, misuse, overloading, prohibited waste, liquids, foreign objects, jammed or frozen rams, damaged switches or controls, chute damage, painting, cleaning, odor control, vandalism, third-party damage, and hauler damage.
5.4 Authorized Personnel Only. Only ACC-authorized personnel may service or modify the Equipment.
5.5 Service Delays. ACC is not liable for delays due to circumstances beyond its control.
6. HAULER DAMAGE
Damage caused by waste haulers or third parties is not covered. Customer shall be fully responsible for all repair or replacement costs resulting from such damage.
7. WARRANTY DISCLAIMER
THE EQUIPMENT IS PROVIDED “AS IS” AND “WHERE IS.” ACC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ACC DOES NOT GUARANTEE PERFORMANCE, THROUGHPUT, OR RESULTS. ALL PRODUCT LIABILITY REMAINS WITH THE ORIGINAL MANUFACTURER.
8. DEFAULT AND REMEDIES
8.1 Events of Default. Failure to pay amounts when due, breach of any obligation, or legal action impairing ACC’s rights constitutes a default.
8.2 Remedies. ACC may accelerate amounts due, terminate service, repossess Equipment, and pursue all legal remedies. Customer shall pay all enforcement costs, including attorneys’ fees.
8.3 Access. Customer grants ACC the right to enter the premises to recover Equipment.
8.4 Limitation of Liability. Neither party shall be liable for consequential, incidental, or punitive damages.
8.5 Return Condition. Equipment must be returned in substantially the same condition, normal wear excepted. Refurbishment costs shall be charged to Customer.
8.6 Age Restriction. No person under eighteen (18) years of age may operate the Equipment.
9. INDEMNIFICATION AND INSURANCE
9.1 Indemnification. Customer shall defend, indemnify, and hold ACC harmless from all claims arising from Customer’s use, possession, or operation of the Equipment, except to the extent caused by ACC’s gross negligence or willful misconduct.
9.2 Insurance. Customer shall maintain commercial general liability insurance with limits of at least $1,000,000 per occurrence and $2,000,000 aggregate and name ACC as an additional insured.
10. RIGHT OF FIRST REFUSAL
Customer shall provide ACC written notice of any third-party offer for replacement equipment and allow ACC fifteen (15) calendar days to match such offer.
11. RELOCATION
Relocation of Equipment shall be at Customer’s expense. ACC is not responsible for service interruptions related to relocation.
12. PROHIBITED WASTE MATERIALS
Customer shall not place hazardous, regulated, liquid, biomedical, infectious, flammable, explosive, or otherwise prohibited waste in the Equipment. Customer bears all liability, fines, remediation costs, and damages arising from prohibited waste.
13. CREDIT APPROVAL
Customer authorizes ACC to obtain and monitor credit information as a condition of service.
14. TAXES
Customer shall pay all applicable taxes, assessments, and governmental charges.
15. FORCE MAJEURE
Neither party shall be liable for delays or failure caused by events beyond reasonable control.
16. GOVERNING LAW AND VENUE
These Terms shall be governed by the laws of the State of Texas. Venue shall lie exclusively in the state or federal courts located in Tarrant County, Texas.
17. SEVERABILITY; WAIVER
If any provision is unenforceable, the remainder shall remain in effect. Failure to enforce any provision is not a waiver.
By engaging ACC Compactors, LLC, Customer acknowledges and agrees to these Master Terms and Conditions.
Sales Terms and Conditions
ACC COMPACTORS – TERMS AND CONDITIONS OF SALE
These Terms and Conditions ("Terms") apply to all sales of equipment and services by ACC Compactors, LLC ("Seller"), unless otherwise agreed in writing by Seller. Buyer’s acceptance of equipment, services, or payment thereof shall constitute agreement to these Terms.
1. Payment Terms
• Standard Orders: Net 15 days from date of invoice unless otherwise stated on Seller’s quote or invoice.
• Custom Orders: 40% due upon order placement, 30% due upon shipment, and 30% due upon completion of installation.
• Stocked Items: Full payment is due prior to shipment unless otherwise agreed in writing.
• Late payments are subject to a finance charge of 1.5% per month (18% annually) or the maximum allowed by law.
2. Pricing & Taxes - Prices are exclusive of taxes, freight, duties, or other government fees unless stated otherwise. Buyer is responsible for all applicable taxes and shipping costs.
3. Delivery - All shipments are FOB origin unless freight is included in quote. Risk of loss transfers to Buyer upon delivery to carrier. Seller is not responsible for delays caused by carriers or conditions beyond its control.
4. Returns & Cancellations - All sales are final unless otherwise agreed in writing. Custom orders may not be canceled or returned. Stocked items may be returned within 15 days of delivery with prior written approval and are subject to a 20% restocking fee. Buyer is responsible for return shipping.
5. Warranty - Unless otherwise stated in writing, or equipment is used or refurbished, Seller warrants that all equipment sold is free from defects in material and workmanship for one (1) year from date of delivery. This includes parts and labor.
• This warranty does not cover damage due to misuse, improper installation, lack of maintenance, or normal wear and tear.
• Warranty service may be provided directly by the manufacturer or authorized service provider.
• Seller disclaims all other warranties, express or implied, including merchantability and fitness for a particular purpose.
6. Limitation of Liability - Seller’s liability is limited to repair, replacement, or refund of the purchase price of defective equipment, at Seller’s option. Seller shall not be liable for incidental, consequential, or indirect damages, including loss of profits, downtime, or loss of business.
7. Ownership & Security Interest - Title to the goods shall pass to Buyer upon delivery to Buyer’s designated location. Except as expressly provided herein, Seller shall have no lien or security interest in the goods. If Buyer fails to pay any amount due under this Agreement and such failure continues for more than ninety (90) days after written notice of default, and provided that no bona fide dispute is then pending regarding Seller’s performance under this Agreement, Buyer hereby grants Seller a security interest in the goods solely to secure payment of the amounts then due and unpaid. Buyer authorizes Seller to file one or more financing statements or similar lien documentation solely with respect to such goods to perfect such security interest. A “bona fide dispute” shall mean a good-faith, written dispute delivered to Seller describing the specific basis for nonpayment. Upon Seller’s receipt of full payment, Seller shall promptly release any such lien or security interest and file any termination statements reasonably necessary to effect such release.
8. Governing Law - These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
9. Entire Agreement - These Terms, along with Seller’s quote or invoice, constitute the entire agreement between Buyer and Seller and supersede any prior agreements or terms proposed by Buyer.