Full Dumpster Rental Terms

 

1. Terms of Lease. Dumpster417 will provide dumpster disposal service using our roll-off containers delivered to the address provided by the Customer (the “Premises”). Service will be provided on the day requested when using our online ordering software. You must call at least eight hours in advance to schedule a same day swap out or pick up or a same day service fee will apply.
2. Fees.  Client will pay the fees for the Lease of the dumpster(s) (the “Dumpster Fee”) in the amounts and in accordance with the terms, conditions, and fee schedules set forth on the website at the time of booking, in these Terms and Conditions, and any other Agreements reached between Dumpster417 and Customer.
3. Additional Charges. In addition to the Dumpster Fee and all other additional charges provided for herein, or in any other agreement between Customer and Dumpster417, the following additional charges will apply:

 

a) Expedited Service Fee. An Expedited service fee of $50.00 shall be applied on all orders requiring delivery or pick up within four hours.

b) Additional Days. Additional days on your rental period will be charged at $19.00 per day and will accrue each day until the roll-off is picked up.

c) Relocation Fee. Upon twenty-four (24) hours’ notice, Dumpster417 shall relocate the dumpster on the Premises for an additional fee of $100.00.

d) Dumpster Inaccessible. If Dumpster417 is unable to service the Dumpster and a return trip is required for pickup due to Customer’s failure to provide Dumpster417 with access to the Dumpster, Customer agrees to pay a Dry Run fee of $100.00

e) On-site Reschedule. If Dumpster417 arrives at the Premises for a scheduled pickup and Customer requests that the Dumpster not be taken, regardless of whether the scheduled pickup is within the Rental Period, Customer agrees to pay Dry Run fee of $100.00

f) Delay by Customer. If Dumpster417 arrives at the Premises for a scheduled pickup and Customer requests the driver to wait more than 10 minutes, Customer agrees to pay a Detention fee of $1.50 per minute

g) Hazardous Materials Cleaning. Cleaning due to loading of restricted or hazardous materials may be billed at a 3rd party rate plus a reasonable markup, milage, and detention.

h) Weight Over Allowance.

              15 yard - 3,000 lbs included ($0.04 per additional pound)

              20 yard - 3,000 lbs included ($0.04 per additional pound)

              30 yard - 6,000 lbs included ($0.04 per additional pound)

              40 yard - 6,000 lbs included ($0.04 per additional pound)

i) Weight Limit. Exceeding maximum allowable Weight Limit will result in an additional charges as stated on the invoice summary of work.  Any weight above the max allowed will result in refusal of service and off-loading shall be required. A Dry Run charge of $100.00 .

j) Overloading. Overloading will result refusal of service, and a dry run charge of $100.00

k) Damages. If the Dumpster is damaged while in the Customers possession, Customer agrees to pay all repair and transportation expenses.

 

4. Authorization for Payment. Customer acknowledges and agrees to the payment of the Dumpster Fee and all other Additional Charges or other fees described herein. Customer further acknowledges and agrees that once the payment is made there will be no refunds, rebates or price reductions. Customer acknowledges and agrees that it will be required to provide its credit card information and any information necessary to initiate a credit card payment and further authorizes Dumpster417 to initiate credit card payment(s) to pay the Dumpster Fee as well as any other Additional Fees in accordance with the terms and conditions set forth herein and in any related agreement(s) between Customer and Dumpster417. Customer acknowledges and agrees that Dumpster417 may keep customer’s credit card information on file and initiate such payments as necessary to pay all amounts due to Dumpster417. Customer acknowledges and agrees it is obligated to inform Dumpster417 in writing if the authorized credit card is canceled, substituted, lost or stolen prior to payment of all monies due hereunder and further acknowledges and agrees to pay a 10% service charge for any declined payment(s).
5. Location of Dumpster. Customer represents and warrants that any location provided by Customer for the Dumpster is sufficient to bear the weight of the Dumpster and any vehicle required to transport the dumpster. Dumpster417 shall not be responsible for any damage to the area surrounding the Dumpster, including, but not limited to, any pavement or other road surface material, lawn, fence, landscaping, septic system or private well.
6. Dumpster Pick-Up. The Dumpster shall be picked up at the end of the Rental Period unless other arrangements are agreed upon in writing between Customer and Dumpster417.

a) In the event that Customer requests pick up after the Rental Period, customer shall be charged an additional fee as set forth in Section 3(b), above.

b) On the day that the Dumpster is scheduled to be picked up by Dumpster417, Customer agrees to provide unobstructed access to the Dumpster. In the event that the Dumpster is inaccessible, Customer shall be charged a Dry Run or Detention as set forth in Sections 3(d) and 3(f) above.

 

7. Acceptable Waste; Prohibited Waste.

a) Acceptable Waste. Only Acceptable Waste may be placed in the Dumpster. For purposes of this Agreement, “Acceptable Waste” shall mean non-hazardous solid waste resulting from the construction, remodeling, repair, and demolition of utilities and structures, and uncontaminated solid waste resulting from land clearing. Such Acceptable Waste includes, without limitation, wood (including painted, treated, and coated wood and wood products), land clearing debris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roofing coverings, glass, plastics that are not sealed in a manner that conceals other waste, empty buckets ten (10) gallons or less in size and having no more than (1) inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, pipe and metals, corrugated container board, carpeting, and furniture. Customer is fully responsible for the entire contents of the Dumpster and is the rightful owner of the contents of the Dumpster until the same are disposed of and accepted without protest by the respective disposal facility.

b) Prohibited Waste. “Prohibited Waste” means any waste that is not Allowable Waste, including but not limited to: hazardous waste, sludge containing free moisture, animal waste, flammable or volatile substances, waste oil, regulated medical waste, PCB wastes, asbestos, liquid wastes, drums, containers greater than ten (10) gallons in size, any containers having one or more inch of residue remaining on the bottom, explosives, automobile or truck bodies, or fuel tank, tires, paint, batteries, undried paint cans, oil, vehicle parts, sewage sludge, asbestos waste, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, fluorescent light bulbs or tubes, cathode ray tube (CRT) televisions, electronic wastes and circuitry, major appliances yard waste

c) Inspection/Rejection of Prohibited Waste. Dumpsters are for Acceptable Waste Only. Customer agrees not to put any “Prohibited Waste” (as defined above) in the dumpster. Cleaning due to loading of Prohibited Waste and any other restricted or hazardous materials may be billed at a 3rd party rate plus a reasonable markup. Any Prohibited Waste, will not be accepted and will be left on premise. Title to and liability for Prohibited Waste shall remain with Customer at all times. Dumpster417 shall have the right to inspect, analyze, and/or test any waste delivered by customer. Dumpster417 shall have sole and absolute discretion in determining whether waste is Prohibited Waste or Acceptable Waste.

 

8. Customer’s Responsibilities.

a) Proper loading. Customer shall not fill the Dumpster above the top rail of the Dumpster, nor shall there be any encumbrances to closing and securing the door(s). All Dumpster contents not in compliance with this Section 7(a) 7(b)must be removed by the Customer prior to pick up. In the event that Customer fails to comply, Dumpster417 may dump excess waste on the Premises to collect the Dumpster.

b) Securement and Preservation. The Dumpster shall remain on the Premises and Customer shall not modify or use the Dumpster for any purpose other than for the disposal of Acceptable Waste. Customer shall not move, transport or otherwise relocate the Dumpster while in Customer’s possession. Requests for relocation of the Dumpster require twenty-four (24) hours’ notice to Dumpster417 and are subject to the relocation fee set forth in Section 3(c), above.

c) Proper Clearance. Customer must provide a minimum of fifteen (15) feet of overhead clearance from all phone, power, and cable lines and all other obstructions. Dumpster417 reserves the right to refuse service or suggest a more suitable location on the Premises in the event that an Dumpster417 representative believes that placement of the Dumpster in the area desired by Customer presents a risk of injury or property damage.

d) Weight Limit. Customer acknowledges and understands that each size of dumpster has a weight limit Section 3(i), above (the “Weight Limit”). In the event that the weight of the Dumpster exceeds the Weight Limit, Customer must remove an amount of waste sufficient to satisfy the Weight Limit. If Customer fails or refuses to comply, Dumpster417 reserves the right to dump any or all of the Dumpster contents at the Premises to maintain compliance with the Weight Limit and/or to charge the additional fees set forth in Section 3(h), above.

e) Permits, Approvals and Fees. Customer is responsible for obtaining any necessary permits and approvals and paying all fees that may be incurred in connection with this Agreement or the services rendered herewith. Customer is responsible for any costs associated with relocation of the Dumpster in the event that a permit was required but was not obtained.

f) Care of Dumpster. Customer agrees to provide proper care of the Dumpster and to return the Dumpster in good working condition at the end of the Rental Period. Customer shall not perform any modifications, alterations, or changes to the Dumpster without the prior written consent of Dumpster417. Any unauthorized modifications shall be removed by Customer and the Dumpster shall be returned to its original condition prior to the end of the Rental Period, at Customer’s expense. Customer shall be responsible for any loss of, or damage to, the Dumpster while in Customer’s possession.

g) No Mechanical Compacting or Compressing. Customer represents, warrants and agrees that it will not utilize any machine or mechanical mechanism to compress or compact waste in the Dumpster or utilize any machine or mechanical mechanism in a way that would cause significant damage to the dumpster beyond normal wear and tear associated with use of the dumpster. Customer acknowledges and agrees that any damage to the Dumpster caused by the use of any machine or mechanical means in violation of this provision will constitute material breach of this Agreement and the resulting damages shall be the sole and absolute responsibility of Customer.

h) Compliance With Laws. Customer shall comply with all laws, regulations, and ordinances, existing and as amended, relating to the operation and use of the Dumpster and disposal of waste materials therein. Dumpster417 may terminate this Agreement at any time for reasons of misuse or neglect of the Dumpster, or violation of any applicable laws.

 

9. No Responsibility for Damages. Dumpster417 shall not be liable for any claims for damage to the area surrounding the Dumpster arising out of the provision of services contemplated by this Agreement. Customer acknowledges that Dumpster417 shall not be liable for any damage to driving surfaces resulting from Dumpster417’s trucks serving containers on the agreed upon areas and the surroundings. Customer acknowledges that they are not allowed to move around any roll-offs with their personal equipment or a third party’s equipment.
10. Indemnification. Customer agrees to defend, indemnify and hold Dumpster417, its officers, directors, employees, contractors and agents (“Indemnified Parties”) harmless from and against any claim for damages or injury to person or property; any and all claims, damages or losses claimed by any third party arising out of or resulting from the failure to comply with the provisions of this Agreement, the use or misuse of the Dumpster, and/or violation of Applicable Laws, by Customer or Customer’s employees, contractors or agents except to the extent that such claims, damages or losses are attributable to the negligence, misconduct or omission of Indemnified Parties.
11.  Force Majeure. Dumpster417 shall not be liable to Customer for failure to perform the services contemplated by this Agreement due to events beyond its control, including, but not limited to, strikes, riots, fires, floods, governmental actions, changes in law, weather, traffic, or acts of God.
12. Default. There shall be deemed to be a breach of this Agreement if: (a) Customer shall default in the payment of any amount due hereunder and such default shall continue for a period of 10 days, (b) Customer shall default in the performance of any of the other covenants herein and such default shall continue uncured for 10 days after written notice thereof to Customer by Dumpster417, or (c) Customer ceases doing business as a going concern, or if a petition is filed by or against Renter under the Bankruptcy Act or any amendment thereto (including a petition for reorganization, arrangement or an extension), or if Renter attempts to remove or sell or transfer or encumber or sublet or part with possession of the Dumpster or any part thereof. In the event of a breach of this Agreement, as herein defined, (a) any Dumpster shall upon Dumpster417’s demand forthwith be delivered to Dumpster417 at Customer’s expense at such place as Dumpster417 shall designate and Dumpster417 and/or its agents may, without notice or liability or legal process, enter into any premises of or under control or jurisdiction of Customer or any agent of Customer where the Dumpster may be or by Dumpster417 is believed to be, and repossess the dumpster, disconnecting and separating all thereof from any other property, Customer hereby expressly waiving all further rights to possession of the rented equipment and all claims for injuries suffered through or loss caused by such repossession, and (b) all sums due and to become due hereunder shall, at Dumpster417 option, become payable forthwith, and Dumpster417, in addition to being entitled to take possession of the rented equipment as hereinbefore described, also shall be entitled to recover immediately as and for damages for the breach of this Agreement and not as a penalty, an amount equal to the difference between the aggregate rent reserved hereunder for the unexpired term of the Agreement (hereinafter called “Remaining Rentals”) and the then aggregate rental value of all rented Dumpster’s for the unexpired term of the Agreement (hereinafter called “Unexpired Rental Value of Rented Equipment”), provided, however, that if any statute governing the proceeding in which such damages are to be proved, specifies the amount of such claim, Dumpster417 shall be entitled to prove as and for damages for the breach an amount equal to that allowed under such statute. The provisions of this paragraph shall be without prejudice to any rights given to Dumpster417 by such statute to prove for any amounts allowed thereby. Dumpster417, upon any breach of this Agreement, may sell the dumpster or may re-rent such dumpster for a term and a rental which may be equal to, greater than or less than the rental and term herein provided, and any proceeds of such sale received within sixty days after Dumpster417 receives possession of the rented dumpster or any rental payments received under a new agreement made within such sixty days for the period prior to the expiration of this Agreement, less Dumpster417’s expenses; of taking possession, storage, reconditioning and sale or releasing, shall be deemed and considered for the purposes of this paragraph as being the Unexpired Rental Value of Rented Equipment. If the Unexpired Rental Value of Rented Equipment exceeds the Remaining Rentals, Dumpster417 shall be entitled to the excess. The provisions of this paragraph shall be without prejudice to Dumpster417’s right to recover or prove in full damages for unpaid rent that accrued prior to the breach of the Agreement. In the event of a breach of this Agreement, Dumpster417, at its option, may enforce by appropriate legal proceedings specific performance of the applicable covenants of this Agreement as well as any other remedy herein provided or available under applicable law. Should any legal proceedings be instituted by Dumpster417 to recover any moneys due or to become due hereunder and/or for possession of any or all of the rented equipment, Company shall pay a reasonable sum as attorneys’ fees.
13. Right of Inspection. Dumpster417 shall have the right from time to time during reasonable business hours to enter upon the Premises or elsewhere for the purpose of confirming the existence, condition and the proper maintenance of the Dumpster. The foregoing rights of entry are subject to any applicable governmental laws, regulations and rules.
14. Assignment. This Agreement and all rights of Dumpster417 hereunder shall be assignable by Dumpster417 without Customer’s consent, but Customer shall not be obligated to any assignee of Dumpster417 except after written notice of such assignment from Dumpster417. Without the prior written consent of Dumpster417, Customer shall not assign this Agreement or its interests hereunder or enter into any sublease with respect to the rented equipment covered hereby, it being agreed Dumpster417 will not unreasonably withhold its consent to a sublease of the rented equipment.
15. Further Assurances. Customer shall execute and deliver to Dumpster417, upon Dumpster417’s request, such instruments and assurances as Dumpster417 deems necessary or advisable for the confirmation or perfection of this Agreement and Dumpster417’s rights hereunder.
16. Notices, Remedies, Waivers. All notices relating hereto shall be delivered in person to an officer of the Dumpster417 or Customer, or shall be mailed by certified mail to Dumpster417 or Customer at its respective address above shown or at any later address last known to the sender.
17. Remedies, Waivers. No remedy of Dumpster417 hereunder shall be exclusive of any other remedy herein or by law provided, but each shall be cumulative and in addition to every other remedy. A waiver of a default shall not be a waiver of any other or a subsequent default.
18. Governing Law, Jurisdiction and Venue. This Agreement shall be construed and enforced in accordance with the laws of the state of Missouri. The parties hereby consent to the Circuit Court for Greene County, Missouri as the appropriate court in which to resolve any disputes or breaches relating to this Agreement, or to enforce any terms of this Agreement, and the parties- waive any objection to jurisdiction or venue for any such action which may be brought in such court.
19. Waiver of Jury Trial. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO DEMAND THAT ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATED TO THIS CONTRACT BE TRIED BY JURY. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO DEMAND TRIAL BY JURY.
20. Construction of Agreement and Terms and Conditions. If a court of competent jurisdiction determines it necessary to construe this Agreement between Dumpster417 and Customer, or any provision therein, to aid in the determination as to the obligations of the parties hereto, this Agreement shall not be construed more strictly against one party than against the other party by virtue of the fact that it may have been prepared by one of the parties or its attorneys, it being recognized that both parties have contributed substantially and materially to the preparation of this Agreement.