The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
All notices from Molloy Disposal Services to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Molloy Disposal Services shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
Delivery shall be deemed to have been made by You to Molloy Disposal Services five (5) days after the date sent.
All content appearing on this Web site is the property of:
Molloy Disposal Services
2 Stonybrook Rd, Marshfield, MA 02050
Copyright © 2012-2014 Molloy Disposal Services All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2012-2016 Molloy Disposal Services All rights reserved.
- Use Of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Molloy Disposal Services and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Molloy Disposal Services, Inc. believes that customer conduct violates applicable law or is harmful to the interests of Molloy Disposal Services and its subsidiaries.
- Site Security
- “Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.”
- Return Policy
You may purchase services as described from this Web site by using any one of the payment options listed in (link to Payment Options). Molloy Disposal Services reserves the right to change its payment procedures at any time without prior notice to you. If services have been ordered and paid for and you wish to cancel your order, you may call our office during normal business hours, 508-543-JUNK (5865) to request a refund. Any service that has been performed on your behalf by Molloy Disposal Services will be billed at a prorated amount based on days of service provided.
Warranty – MDS Rolloffs warrants to the customer that goods furnished under this agreement will conform to any express manufacturers warranty. Back Yard Living’s liability and the customer’s exclusive and sole remedy for breach of warranty will be limited to replacement of the goods, or, at MDS Rolloffs option, refund of the original purchase price. MDS Rolloffs cannot guarantee that the color of any replacement goods will match the color of the defective goods or of original goods which are not replaced, and replacement labor is not included. MDS Rolloffs will have no liability beyond the purchase price nor will MDS Rolloffs be liable for any special, consequential, incidental or indirect damages incurred in connection with the purchased goods. MDS Rolloffs does not assume or authorize any other person to assume any other liability in connection with the goods purchased under the agreement.
Delivery Hours – Deliveries are scheduled for Monday thru Friday from 8:00 am – 3:00 pm only; special delivery dates & times may be available upon request. Once the customer releases an order, it is assumed that both the job site is ready for materials & there is proper access for our trucks and/or vehicles. Materials will be positioned as close to the project as possible at the time of delivery. All goods must be examined at the time of delivery and any damages or shortage must be recorded on the delivery acceptance forms. MDS Rolloffs cannot be responsible for material and/or quantity discrepancies if customer has verified the order & signed the invoice. Customer has 24 hours to notify MDS Rolloffs of any problems with a delivery by speaking personally to a MDS Rolloffs representative.
Delivery Terms – It may not be necessary for you be present when we deliver if you provide us with specific written instructions, clearly mark the area for the delivery to be placed & we will accommodate you as best we can. When deciding where you would like materials placed; please check the area for overhead wires, low tree limbs, septic systems, etc. In wet weather, the ground is very soft & our heavy trucks cannot always pass; please plan an alternate location, if this is the case. MDS Rolloffs assumes no liability for any damage to lawns, curbs, driveways or other property. Due to the obvious weight of equipment & product, MDS Rolloffs cannot be responsible for ruts or damage to property if we are asked to deliver beyond the curb. Customer understands that if any damage to the property may occur, it is not Back Yard Living’s responsibility. If the driver determines that leaving the road would cause excessive damage to the property, cause damage to neighboring property, put MDS Rolloffs equipment in danger, or cause MDS Rolloffs equipment to get stuck, the driver will deliver material to the curb. Drivers are responsible for their trucks & time spent on the job. In no case will the driver leave the road if in the driver’s opinion the delivery would be unsafe. For the purpose of safety, drivers are not allowed to place material on scaffolding or floors, into an excavated area they cannot clearly see, over fences, walls, wire, or any other areas they determine to be unsafe. No claims of damage or shortage will be considered by MDS Rolloffs unless made within 24 hours after receipt of shipment by the customer & accompanied by MDS Rolloffs invoice and/or production number.
Delivery Schedule – Due to the many variables associated with deliveries, all delivery dates & times stated by MDS Rolloffs are approximate and are estimated in good faith to the best of our ability. MDS Rolloffs shall not be liable for any failure to perform or for any delay in the delivery or shipment of products, or for any damages or costs of any kind or nature suffered by customer due to such failure or delay, whether directly or indirectly caused by acts of God, acts of customer, war, riots, fires, explosions, floods, strikes, accidents, weather, traffic, failure in production or production equipment, shortage of raw materials, common carriers available, labor or storage facilities, independent acts of any common carrier, or any other cause or causes beyond the reasonable control of MDS Rolloffs.
Delivery Cancellation – It is the customer’s responsibility to inform MDS Rolloffs of the cancellation of any scheduled shipment within 24 hours due to weather or job site conditions. Failure to do so will result in delivery of material to the nearest accessible location on the job site or, at the request of the customer, return to a MDS Rolloffs facility with applicable charges (minimum of $150.00 Dry Run Charge). Orders must be cancelled by speaking personally to a MDS Rolloffs representative. In any case the customer may be charged a handling fee if a load is held, cancelled, or changed once the truck has been loaded. Cost to be determined by the Manager. Due to fluctuating fuel costs, we reserve the right to assess a fuel surcharge.
VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Molloy Disposal Services and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Molloy Disposal Services shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Molloy Disposal Services with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Molloy Disposal Services with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Molloy Disposal Services If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.