Terms & Conditions
Terms & Conditions
The Customer accepts these Terms and Conditions by: (a) signing or acknowledging the rental agreement or invoice; (b) accepting delivery of Go Potties’ equipment at the designated site; or (c) using the equipment. Acceptance occurs at the earliest of these actions. These terms govern the rental and supersede any conflicting terms in the Customer’s purchase orders or other documents. Any changes to these terms must be in writing and signed by both parties, as outlined in Section 13.
1. Acceptance of Terms
All rental agreements are subject to Go Potties’ approval. The Customer must pay all rental charges, as outlined in the invoice, within 7 business days of receiving the invoice, unless otherwise specified in the invoice. Overdue payments will accrue interest at 1.5% per month (or the maximum rate allowed by law). The Customer is responsible for additional charges caused by their requests or violations of these Terms and Conditions, such as relocation fees, special servicing, or extra delivery/removal costs. If the Customer’s account becomes delinquent, they must pay reasonable collection costs, including attorney fees and court costs, incurred by Go Potties to recover overdue amounts. Customers should contact Go Potties within 5 business days to dispute any invoice errors.
2. Payment Terms
3. Damage, Loss, or Theft of Equipment
The Customer is responsible for any loss, theft, or damage to Go Potties’ equipment during the rental period, except for normal wear and tear. This includes damage caused by the Customer’s negligence, misuse, or actions of their agents or employees. If equipment is lost, stolen, or damaged, the Customer must promptly notify Go Potties and, if applicable, provide a police report (e.g., for theft or vandalism). The Customer shall reimburse Go Potties for the reasonable cost of repair or replacement, as determined by Go Potties, and may be charged for loss of use during the repair or replacement period. Normal wear and tear includes minor cosmetic wear from intended use, such as light scratches or scuffs, but does not include structural damage, vandalism, or neglect. If the Customer’s insurance covers the loss or damage, they must cooperate with Go Potties to process any claims, with proceeds assigned to Go Potties as needed to cover costs.
Go Potties does not assume responsibility for damage caused by its products located on the job site once set up is complete, including but not limited to, weather or other acts of nature.
4. Responsibility for Damage
All events require a 50% deposit at time of order. Balance of the order is due 7 days before delivery date. Any event that is canceled before 7 days prior to delivery date is fully refundable. Any cancellations 7 days to 2 business days before delivery will be charged 50% of the contract price. Events canceled within 2 business days of delivery are non-refundable and will be charged 100% of the contract price. Any change orders will require a new signed quote before service. Go Potties does not make allowances for last minute cancellations due to the weather.
5. Events
Customer releases and discharges Go Potties from any and all liability or damages (including consequential and special damages) which might be caused by Go Potties failure or inability to deliver any Equipment by any specified date or time.
6. Failure to Deliver
The Customer is responsible for selecting a safe, accessible, and level location for the placement of Go Potties’ equipment (e.g., portable toilets, storage containers). The Customer must provide clear instructions for placement and, if requested, be present to supervise delivery. Equipment may not be moved to back or side yards without prior approval from Go Potties, which may incur additional fees. If the selected location is inaccessible or unsuitable, Go Potties may refuse placement or charge additional fees for return visits or relocation, as determined by Go Potties. The Customer is liable for any equipment damage caused by an unsuitable location or improper placement instructions.
7. Placement Location
Go Potties will deliver the equipment to the designated site at the start of the rental period and remove it at the end. If the Customer orders servicing (e.g., cleaning, restocking), Go Potties will perform it on scheduled days. If servicing is delayed due to holidays, weather, or other unavoidable issues, Go Potties will reschedule as soon as reasonably possible. The Customer must provide Go Potties with reasonable access to the equipment for servicing, maintenance, or removal. The Customer may not move, modify, sell, rent, lease, or allow liens on the equipment, or permit its removal from the site without Go Potties’ written consent. The Customer is responsible for the equipment’s care and proper use during the rental period, except during servicing by Go Potties, and must prevent misuse, damage, or theft. The Customer must comply with all applicable local, state, and federal laws and regulations related to the equipment’s use or placement, at their own expense. Violation of these terms may result in additional fees or termination of the rental agreement.
8. Equipment Use and Responsibilities
The Customer must ensure that portable restrooms and other Go Potties equipment are not contaminated with hazardous or non-standard materials, such as paints, oils, adhesives, solvents, flammable, toxic, or radioactive substances. Only human waste and toilet paper (standard waste) may be disposed of in portable restrooms. Trash or other non-standard waste (e.g., garbage, construction debris) must be disposed of separately and is not included in standard servicing costs. If non-standard or hazardous waste is found in the equipment, the Customer is responsible for arranging and paying for its removal by a qualified contractor, as approved by Go Potties. Until the waste is removed, the Customer remains liable for ongoing rental charges and any equipment damage caused by the contamination. The Customer must promptly notify Go Potties of any contamination.
9. Preventing Equipment Contamination
The Customer agrees to protect Go Potties from legal claims, losses, or expenses (including reasonable attorney fees) arising from the Customer’s use, misuse, or placement of the equipment, except where caused solely by Go Potties’ negligence or willful misconduct. This includes claims for personal injury, property damage, or other losses caused by the Customer or their agents, employees, or guests. Go Potties is not liable for indirect, special, or consequential damages (e.g., lost profits, event cancellations) arising from the equipment’s use or failure. If the Customer has a valid claim against Go Potties, their recovery is limited to the amount paid for the equipment rental. The Customer must notify Go Potties promptly of any incidents or claims related to the equipment.
10. Liability & Indemnification
Go Potties may terminate the rental agreement and remove the equipment if the Customer: (a) fails to make any payment when due and does not resolve the issue within 5 business days of notice; (b) significantly violates these Terms and Conditions (e.g., unauthorized movement or contamination of equipment); (c) causes or allows severe damage, loss, or theft of the equipment that prevents its use; (d) allows a lien to be placed on the equipment; or (e) files for bankruptcy or becomes insolvent. Go Potties will notify the Customer of termination and the reason, except in urgent cases (e.g., equipment safety concerns). Upon termination, the Customer remains liable for all outstanding rental fees, damages, or other costs owed. The Customer is responsible for removing their personal property from the equipment before removal, and Go Potties is not liable for any personal property left in or around the equipment during removal.
11. Termination of Rental Agreement
12. Governing Law and Disputes
This agreement is governed by the laws of [State], where Go Potties’ primary place of business is located, without regard to conflict of law rules. Any disputes arising from this agreement will be resolved in state or federal courts in [County, State], and both parties agree to the jurisdiction of these courts. Go Potties’ failure to enforce any right under this agreement does not waive that or other rights, and a waiver on one occasion does not apply to future occasions. Any changes to these Terms and Conditions must be in writing and signed by both parties. If any part of this agreement is found unenforceable, the remaining terms will remain in effect.
The Customer is responsible for paying all taxes, permit fees, or other government charges related to the use or placement of Go Potties’ equipment (e.g., sales tax, event permits, environmental fees). These charges apply whether included on the invoice or later assessed by a governmental authority. If a governmental authority claims additional taxes or fees, Go Potties will notify the Customer, and the Customer must pay the amount owed within 10 business days. Failure to pay these charges may result in additional fees or termination of the rental agreement, as outlined in Section 12.
13. Taxes, Permits and Fees
Go Potties may correct errors in invoices or other rental documents, such as incorrect customer information, billing amounts, or equipment details. Go Potties will notify the Customer of any corrections and provide an updated invoice or document as needed. If a correction affects the amount owed, the Customer must pay any additional amount within 10 business days or, if overpaid, Go Potties will issue a refund or credit within 10 business days.
14. Correction of Errors
