Terms & Conditions
Effective date: January 1, 2026. These Terms and Conditions ("Terms") govern your use of the Briony Portable Toilets website and any rentals, deliveries, servicing, or related services you order from us. By requesting a quote, placing an order, using our website, or accepting delivery of equipment, you agree to these Terms. If you do not agree, please do not use our services.
1. Definitions
"Briony," "we," "us," and "our" refer to Briony Portable Toilets, a portable sanitation service based in Fargo, North Dakota. "Customer," "you," and "your" refer to the individual, company, event organizer, or contracting party ordering services. "Equipment" refers to any portable toilets, restroom trailers, handwashing stations, hand sanitizer stations, or related units delivered by us. "Service Period" refers to the dates equipment is on your site.
2. Services and Written Agreements
All rentals are subject to a written quote, order confirmation, or rental agreement that describes the unit type, quantity, delivery location, Service Period, servicing schedule, and pricing. In case of a conflict between these Terms and a signed rental agreement, the signed agreement controls. Verbal changes to an order are not effective until confirmed in writing (including email).
3. Quotes, Pricing, and Payment
Quotes are valid for thirty days unless stated otherwise. Prices are based on the unit type, servicing frequency, Service Period, delivery distance, and site access. Additional fees may apply for after-hours delivery, extra service visits, tank replacement due to overuse, extended standby time, or difficult site access. Payment terms are stated on the quote. Standard terms are payment upon delivery for one-time events and net-30 for approved commercial accounts. Late payments accrue a service charge of 1.5% per month or the maximum allowed by law, whichever is lower. Returned checks are subject to a fee.
4. Delivery, Placement, and Site Access
You are responsible for ensuring safe, legal, and unobstructed access to the delivery location on the scheduled date. Delivery trucks require a firm, level surface and adequate clearance. If the site is inaccessible, has soft or muddy ground, is blocked by locked gates, or otherwise cannot accept the equipment safely, a return-trip charge may apply. Once placed, units should not be moved without our involvement. Moving units by hand or with equipment can cause spills, damage, and personal injury for which we are not responsible.
5. Servicing
Service visits include pumping, restocking of consumables such as toilet paper and hand soap, sanitizing surfaces, and inspecting the unit. Standard service is weekly for construction and long-term rentals. Event servicing is scheduled based on expected use. Additional service visits can be added at any time by calling our office. Servicing may be delayed by severe weather, road conditions, or other events beyond our control; we will restore the schedule as soon as it is safe to do so.
6. Customer Responsibilities
- Provide accurate site information at booking, including surface type, slope, and access route.
- Keep the area around each unit clear of obstructions, snow, ice, and debris.
- Instruct workers and guests to use units for their intended purpose only.
- Notify us promptly of any damage, tipping, vandalism, or service issue.
- Obtain any permits required by local ordinances for public placement.
7. Damage, Loss, and Misuse
You are responsible for the equipment while it is on your site. Charges may apply for damage beyond normal wear, tipping caused by improper placement or unauthorized moving, graffiti, burns, foreign objects placed in the tank, and theft or loss. Replacement values will be provided on request. Reasonable, expected wear from normal use is included in the rental price.
8. Prohibited Materials
Do not place hazardous materials, chemicals, oils, paint, solvents, glass, sharp objects, food waste, trash, or non-biodegradable items into the tank. Improper materials can damage the unit, delay servicing, and create environmental hazards. Cleanup and replacement costs caused by prohibited materials will be billed to the customer.
9. Cancellations, Changes, and Extensions
Orders cancelled forty-eight or more hours before scheduled delivery are subject to no cancellation fee. Later cancellations may incur a delivery or restocking charge equal to the first period of rental. Rental extensions can be arranged by phone or email; we will adjust the service schedule and confirm updated pricing. Early pickup requests should be made at least twenty-four hours in advance so we can adjust routing.
10. Weather, Force Majeure, and Delays
We are not liable for delays or interruptions caused by severe weather, natural disasters, road closures, labor disputes, government actions, utility failures, or other events beyond our reasonable control. We will make commercially reasonable efforts to restore service promptly and communicate updates.
11. Insurance and Liability
We maintain commercial general liability and vehicle insurance appropriate for our operations. Except as required by law, our total liability under any rental is limited to the amount paid by the customer for the specific services giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, business interruption, or event cancellations. Nothing in these Terms limits liability that cannot be limited by law.
12. Indemnification
You agree to indemnify and hold Briony Portable Toilets harmless from claims, damages, and expenses arising from the misuse of equipment, unauthorized movement, failure to secure the site, or violation of these Terms by you, your employees, guests, or invitees.
13. Website Use
The content on our website is provided for information only and does not create a contract on its own. We may update service pages, pricing information, and availability at any time without notice. Do not copy, reproduce, or use our content, brand marks, or photographs without written permission.
14. Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
15. Governing Law and Disputes
These Terms are governed by the laws of the State of North Dakota, without regard to conflicts of law principles. Any dispute arising from or related to these Terms or our services will be resolved in the state or federal courts located in Cass County, North Dakota, and you consent to the jurisdiction of those courts. Before starting a formal proceeding, please contact us so that we can attempt to resolve the matter directly.
16. Changes to These Terms
We may update these Terms from time to time. Updated Terms take effect on the date posted. Continued use of our website or services after an update constitutes acceptance of the updated Terms.
17. Contact
Questions about these Terms or your rental?
Briony Portable Toilets โ 848 Main Ave, Fargo, ND 58103
Phone: 701-987-0097 ยท Email: info@portapottyinfargond.com
Additional Rental Terms And Customer Responsibilities
Site Access And Placement
The customer is responsible for providing safe, legal, and reasonable access to the delivery location for our service vehicles. Placement should be on level, stable ground clear of overhead obstructions, and should not block driveways, utility access, or emergency egress. If our driver arrives and cannot safely place or service the unit at the requested location, the customer may be responsible for a repeat delivery fee.
Rental Period, Servicing, And Pickup
Rental periods begin on the delivery date and continue until the customer notifies our office to schedule pickup. Standard servicing frequencies are outlined on your written quote; additional servicing beyond that frequency may be billed at our published service rates. Pickup requests should be submitted at least one business day in advance.
Damage, Vandalism, And Loss
The customer is responsible for reasonable protection of the unit(s) while on-site. Damage caused by vandalism, tipping, misuse, or unauthorized relocation may be billed to the customer at repair or replacement cost. Normal wear and tear from ordinary use is fully covered by the rental fee.
Payment Terms
Invoices are due within the terms stated on the invoice โ typically net-15 or net-30 for established commercial accounts, and prepaid for single-event and one-time residential rentals. Overdue balances may accrue reasonable interest and collection fees as permitted by North Dakota law.
Cancellation And Rescheduling
Standard rentals may be canceled or rescheduled at no charge with at least two business days' notice. Event rentals canceled inside 48 hours of scheduled delivery may be subject to a partial charge to cover route planning and blocked inventory. Weather-related event postponements are accommodated at no penalty when notified as early as possible.
Limitation Of Liability
Except as required by applicable law, our maximum liability for any claim related to a rental is limited to the total rental fees paid for the specific unit(s) at issue. We disclaim liability for indirect, incidental, or consequential damages.