Material is being provided “as is, where is” with no warranties or representations as to its condition and suitability for any particular use.
Customer has permission to access company property to load and remove Material. Customer agrees to follow all Company rules and comply with directions of Company employees.
In consideration of the above, to the fullest extent permitted by law, the Customer shall fully indemnify and completely hold harmless Company and its parent and affiliated companies and their agents, employees, officers, members, and directors from and against all actions, claims, demands, damages, losses, costs and expenses, including but not limited to attorneys’ fees, which relate to personal or bodily injury, sickness, disease, death, or damage to property of any kind, which arise from or relate in any way to the loading, transporting, use or disposal of Material. Customer agrees to fully assume all risks of injury (including death) to himself/herself/employees arising out of any activities pertaining to (including the handling and use of) Material. Further, Customer retains the risk of loss for its equipment and personal property, regardless of the cause of loss; and Customer waives the right of subrogation against and forever releases, waives and discharges and covenants not to sue Company and its parent and affiliated companies and their agents, employees, officers, members, and directors