Dumpster Rental Terms and Conditions

TERMS OF USE

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1. No Removal of Dumpster. You are not permitted to move any Dumpster from the original location placed by Owner. Any damage caused by you in moving a Dumpster will be your sole responsibility. You are responsible for returning the Dumpster in the same or better condition than it was delivered in, ordinary wear and tear excepted. You will only use the Dumpster for the purposes for which it was expressly rented, and for no other purpose.

2. No Overfilling. You must not overfill or overload any Dumpster. Overloaded dumpsters (i.e., dumpsters that have been loaded above the maximum load level line or have debris/material sticking above that line) will not be picked up by Owner until corrected, and you will be charged for each additional day (or portion thereof) until corrected. In addition, a return trip fee of $100 will be applied to the Dumpster rental final invoice if we must conduct a return pick up for the Dumpster plus an additional $50 per day beyond the rental period of the Dumpster being on site.

3. Dense Materials. Dense materials (i.e., concrete, sod, dirt, shingles, etc.) are only permitted in our 7-yard concrete/heavy materials Dumpsters. Additional charges may apply if they are mixed in with other debris in all other Dumpsters. 

4. Customer’s Responsibility for Damage. Customer is solely responsible for all damages caused to the Dumpsters while on rent from Owner beyond ordinary wear and tear. The following are non-exhaustive examples of what is not considered ordinary wear and tear:
   

1. torn or pealed decals
2. noticeable impact damaged caused by loading material or equipment/vehicle impact
3. torn metal
4. burn marks
5. paint/graffiti
6. large dents 

5. 7-yard Dumpsters. 7-yard Dumpsters can hold up to 12,000 ponds of material. There is a charge at a rate of $.06 per lb of material loaded into the dumpster and a $25 charge per day will be applied to Customer’s credit card per day that the Dumpsters is kept beyond the initial time frame. Dump receipt showing total weight over included weight will be uploaded for Customer to view with the invoice. Max rental period of 2 weeks without dumping.

6. 10-yard Dumpsters. 10-yard Dumpsters can hold up to 12,000 ponds of material. There is a charge at a rate of $.06 per lb of material loaded into the dumpster and a $25 charge per day will be applied to Customer’s credit card per day that the Dumpsters is kept beyond the initial time frame. Dump receipt showing total weight over included weight will be uploaded for Customer to view with the invoice. Max rental period of 2 weeks without dumping.

7. 21-yard Dumpsters. 21-Yard Dumpsters can hold up to 12,000 ponds of material. There is a charge at a rate of $.06 per lb of material loaded into the dumpster and a $25 charge per day will be applied to Customer’s credit card per day that the Dumpsters is kept beyond the initial time frame. Dump receipt showing total weight over included weight will be uploaded for Customer to view with the invoice. Max rental period of 2 weeks without dumping. 

8. 30-yard Dumpsters. 30-Yard Dumpsters ican hold up to 12,000 ponds of material. There is a charge at a rate of $.06 per lb of material loaded into the dumpster and a $25 charge per day will be applied to Customer’s credit card per day that the Dumpsters is kept beyond the initial time frame. Dump receipt showing total weight over included weight will be uploaded for Customer to view with the invoice. Max rental period of 2 weeks without dumping

9. Prohibited Items. Items NOT permitted to go in any Dumpsters include all hazardous materials and materials prohibited to be dumped by applicable law – all of which Customer is solely responsible for. By way of example, and not by way of limitation, the following are prohibited from being placed into any Dumpster:
   

1. Hazardous waste or materials
2. Biomedical or Medical waste
3. Paints/Liquid waste
4. Pressurized containers (i.e., spray paint cans, hair spray, freon appliances, propane tanks, etc.)
5. Lead acid batteries such as equipment and vehicle batteries
6. Food waste 
7. Materials containing or coming into contact with asbestos
8. Chemicals including fuels of any type
9. Fertilizers of any type
10. Herbicides
11. Lubricating oils
12. Dead animals

10. Customer’s Responsibility for Debris. The Customer is responsible and owns the material loaded into the Dumpster until the landfill or dump accepts the load. If an extension is needed, it is the Customer’s responsibility to request extension arrangements. We cannot guarantee we will be able to offer an extension due to that Dumpster possibly already being scheduled somewhere else on your pick up day. 

11. Rate Increases. Throughout the course of providing your service, Owner may increase your rates for service. Rate increases are necessitated over time to keep up with increasing costs of operations and to ensure Owner is maintaining an acceptable operating margin in the services provided, which will be in the form of a change on your invoice. We reserve the right to determine in our sole discretion the amount of all rates and rate increases. Your invoice will provide notice of the rates for service during the Term covered by such invoice.

12. Delivery and Removal Fees. Container delivery and removal fees are intended to offset Owner operational costs of sending a truck to deliver your container(s) at the start of your service and removing your container(s) when your service terminates, as well as costs related to cleaning, repairs and refurbishment of the containers following your use. Container delivery and removal fees are subject to change at any time at our discretion. Container delivery and removal fees are charged at the prevailing rate at the time of delivery or removal for Invoice-to-Invoice Customers.

13. Payment Terms. If you fail to pay your invoice on or before its due date, we reserve the right to suspend your service until you pay all outstanding invoices. We also reserve the right to charge you a service interruption fee. Service interruption fees are intended to mitigate some of our loss of return on the container assets in the Customer’s possession and for the interruption in our business and costs associated with stopping and restarting service. Service interruption fees are charged at our prevailing rate at the time of service interruption for Invoice-to-Invoice Customers. All fees and commitments are non-refundable and non-cancellable, unless explicitly stated otherwise in writing by us. If you selected and purchased the “Cancelation Insurance” upon purchasing your selected service on our website, then you will be entitled to a full refund on that order. You may cancel your service(s) by calling the telephone number on your invoice. Please note that advanced notice is required to cancel service(s).  All fees stated herein are subject to change from time to time without advance notice to Customer.

14. Late Fees. If you fail to pay your invoice on or before its due date, we reserve the right to charge you a late payment fee. Late payment fees are intended to help us offset some of our costs incurred in managing your unpaid account. Late payment fees are subject to change at any time at our discretion; however, your late payment fee will not exceed the greater of $200 or up to 10% of the applicable charges, subject to applicable law.

15. Delivery Fees. The first 15 miles of travel are included on each trip made to the drop off location for a Dumpster. For every mile thereafter, there will be an additional fuel charge of $0.40 per mile that will be reflected on your final invoice.

16. Taxes. Some services provided by Owner (including equipment rental) may be subject to state, local and/or franchise taxes or fees. If applicable, such state, and/or local taxes or fees will be separately itemized on your invoice, collected us and submitted to the appropriate taxing authority and/or franchise authority.

17. Overage Fees. NO more than 12,000 pounds can be loaded into each dumpster.  All weight exceeding 12,000 lbs will be charged at a rate of $.2 per pound over the 12,000lb limit. We will charge your credit card on file for any weight overages upon dumping of your material. A weight ticket is provided to the driver and will be uploaded and attached to your invoice. The overage will be calculated and charged is accordance with the type of material that you loaded and your credit card on file will be charged immediately. A copy of receipt will be sent to Customer upon completion of transaction. If credit card fails to process, Customer has no more than 7 days to pay their additional charges bill before late charges are applied. 

18. Prohibited Item Fees. Additional charges may be incurred for matters such as prohibited items being placed in a Dumpster; hazardous materials; paint cans that leak or spill; damages to a Dumpster or any property owned by Owner. All additional charges will be billed to your credit card on file. If your credit card payment fails to process, you shall immediately provide a replacement payment method and will be subject to late charges.

19. No Access. You will ensure that there is continuous access to the Dumpster at all times. There will be a $100 additional trip charge for Dumpsters that are blocked in and/or inaccessible for any reason on the scheduled day of pick up plus any additional day overages that go beyond your scheduled time to have the Dumpster.

20. Ground Protection Pads; Damage to Property. We offer specialty ground protection pads made specifically for our Dumpsters and intended to keep all of the Dumpster’s contact points up off of the surface on which it placed. They may be purchased for an additional charge upon request. Regardless of whether you opt to use our protection pads or not, we are NOT responsible for any damages caused by the Dumpster on, at, or near the Property at which it is placed. In addition, we are NOT responsible for any damage to property (including lawn, personal property, vehicles, or concrete), or to underground utilities or irrigation systems resulting from use, placement, or removal of the Dumpster.

21. Incorporation by Reference; E-signatures Valid. By electronically signing or accepting any document or agreement which references these Terms, the Customer acknowledges and agrees that such electronic signature shall be deemed the equivalent of a manual signature and constitutes the Customer's acceptance of and agreement to be bound by these Terms. This includes, but is not limited to, any online orders, acceptance of services, or other agreements that are part of the contractual process. The Customer's electronic signature on any such document or agreement will have the same legal effect, validity, and enforceability as a physically signed signature on a paper document.‍

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TERMS OF SERVICE

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1. Title. The title to the Dumpster shall, at all times, remain in the name and possession of the Owner, or its successors or assigns. The Customer shall not represent to any third party that the Customer is the owner of the Dumpster, nor shall the Customer attempt to sell, transfer, convey, or assign the Dumpster in any way. Any purported transaction shall be void ab initio. This Contract is non-assignable by Customer. Customer shall not be permitted to lease or sublease the Dumpster.

2. Termination of Possession. In the event of any violation of the limits on use or any other provision of this Contract, Owner automatically, without any further notice to Customer, may terminate their right to use Dumpster and Owner retains any other rights and remedies provided by law. Owner has the right to seize Dumpster without legal process or notice to Customer. Customer hereby waives all claims for damages connected with such seizure, including loss to or damage of property, and shall pay all expenses incurred by Owner in returning Dumpster to the original state and condition. If Customer continues to possess the Dumpster after their right to do so is terminated, Owner has the right to notify police Dumpster has been stolen. Customer hereby releases and discharges Owner from and covenants to indemnify, defend, and hold harmless Owner from and against any and all liability arising from such matters. Customer remains responsible for all charges, costs, taxes, fees and obligations as set forth herein.

3. Risk of Theft and Loss. Customer hereby expressly and solely assumes the entire risk of loss for damage, loss, theft, or destruction of and to the Dumpster from any cause whatsoever during the rental period, and no obligations of Customer shall be reduced thereby. Owner is not responsible for any damage to, loss or theft of Customer’s personal property, whether the damage or theft occurs during or after termination of the rental regardless of fault or negligence. Customer acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Dumpster. Owner is not liable for and Customer shall defend, indemnify and hold Owner and its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) or in any way arises out of Customer’s failure to remove any personal property transferred to Dumpster. 

4. Indemnification. Customer hereby covenants to indemnify, defend, save, and hold harmless Owner and Owner’s employees, agents, officers, owners, affiliates, contractors, vendors, and the owner and lessor of the Dumpster (collectively, “Owner Parties”) from and  against any and all claims, demands, causes of action, losses, costs (including court costs), damages, fees (including attorney’s fees), fines, or expenses of any nature arising from or relating to (i). Customer’s use, operation, or possession of the Dumpster; (ii). any action, inaction, omission, or negligence by Customer, Customer’s guests, invitees, licensees, customers, employees, agents, affiliates, family members, successors, parents, subsidiaries, or assigns, or any other party who takes possession, custody, control, or use of the Dumpster during the rental period (even if done so without permission or knowledge of Customer); (iii). any breach of this Contract by Customer; and (iv). any violation of local, state, federal, or international law which results by virtue of this Contract or Customer’s use, possession, custody, or control of the Dumpster. Customer shall defend all of Owner Parties with legal counsel of Owner’s choosing. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CUSTOMER HEREBY EXPRESSLY AND IRREVOCABLY WAIVES ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION, WHETHER LEGAL OR EQUITABLE, AGAINST OWNER PARTIES, ARISING FROM OR RELATING TO THE CONDITION, OPERATION, PLACEMENT, OR USE OF THE DUMPSTER.

5. Representations and Warranties. Customer represents and warrants that the Customer is legally capable of accepting this Contract, and lawfully providing permission for the Dumpster to be placed upon and removed from the property at which it is to be located during the rental period. Customer will not use the Dumpster in violation of any laws, or in any negligent or illegal manner. Customer has been given the opportunity to examine The Dumpster in advance of taking possession of it, and upon such inspection, is not aware of any damage existing on the Dumpster other than that notated by a separate existing damage document.

6. Jury Trial Waiver. BOTH PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION ARISING FROM OR RELATING TO THIS AGREEMENT OR THE DUMPSTER.

7. Mandatory Pre-Suit Mediation. AS AN EXPRESS AND ABSOLUTE CONDITION PRECEDENT TO THE INSTITUTION OR MAINTENANCE OF ANY LEGAL ACTION BY CUSTOMER, THE PARTIES SHALL FIRST PARTICIPATE IN MEDIATION WITH A MEDIATOR HAVING NO LESS THAN TEN (10) YEARS IN MEDIATING COMMERCIAL DISPUTES. EACH PARTY SHALL BEAR THEIR OWN ATTORNEY’S FEES ASSOCIATED WITH MEDIATION, AND SHALL SPLIT EQUALLY THE COST OF THE MEDIATOR. IN THE EVENT SUIT IS FILED BY CUSTOMER WITHOUT FIRST COMPLYING WITH THIS SECTION, THE OWNER SHALL BE ENTITLED TO AN IMMEDIATE DISMISSAL OF SUCH SUIT, AND SHALL BE ENTITLED TO RECOVER THEIR ATTORNEY’S FEES AND COURT COSTS FROM CUSTOMER AS A RESULT OF DEFENDING AND DISMISSING SUCH SUIT. THIS SECTION SHALL NOT OPERATE TO REQUIRE OWNER’S MEDIATION PRIOR TO FILING ANY ACTION AGAINST CUSTOMER FOR PAYMENT OR FOR DAMAGES.

8. Severability. Should any provision of this Contract be held by a court of competent jurisdiction to be invalid, void, or illegal, such determination shall in no way affect, impair, or invalidate any other provision hereof and such remaining provisions shall remain in full force and effect.

9. Choice of Law; Venue and Forum. THIS AGREEMENT SHALL BE GOVERNED, CONTROLLED, AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF FLORIDA, WITHOUT REGARD TO ITS CHOICE OF LAW PRINCIPLES. LEGAL ACTION ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE PROPER, CONVENIENT, AND EXCLUSIVELY HELD IN THE COURTS OF THE COUNTY WHEREIN OWNER’S PRINCIPAL PLACE OF BUSINESS IS LOCATED. BOTH PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT WAS MADE AND ENTERED INTO IN SUCH COUNTY. BOTH PARTIES HEREBY EXPRESSLY AND IRREVOCABLY WAIVE ANY AND ALL DEFENSES TO THE FOREGOING, INCLUDING FORUM NON CONVENIENS.

10. Prevailing Party. In any legal action between the parties which arising from or relates in any way to this Contract, the prevailing party therefrom shall be entitled to recover their attorney’s fees and court costs from the non-prevailing party. As used herein, the term “prevailing party” means the party obtaining judgment in their favor as to the substantial matters of law at issue in such legal action.

11. Cumulative Remedies; No Oral Contracts. All rights and remedies of Owner arising from or relating to this Contract are in addition to, and not to the exclusion of any other rights or remedies which may be available to Owner, whether at law or in equity. Owner and Customer agree that neither party, nor its agents (whether actual or apparent) have the capacity or authority to alter or modify the provisions of this Contract orally. This Contract may only be amended in the form of a writing signed by an authorized representative of Owner. This Contract may be executed in counterparts (electronic or otherwise), each of which shall constitute an original but, when taken together, shall constitute one and the same Contract. If the Customer includes more than 1 person, all rights of Owner against Customer, and all liability of Customer arising from or relating to this Contract shall be joint and several. No failure to enforce this Contract or to insist upon the Customer’s strict performance hereunder by Owner shall be deemed a waiver of Owner’s rights hereunder.

12. Limitations on Liability. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR APPLICABLE LAW TO THE CONTRARY, CONTRACTOR SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO CUSTOMER, THE PROPERTY OWNER, OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT, THE DUMPSTER, OR THE ACTIONS, INACTIONS, OR NEGLIGENCE OF ANY OF THE INDEMNIFIED PARTIES, EVEN IF CONTRACTOR HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE TOTAL AMOUNT OF DAMAGES WHICH CONTRACTOR MAY BE HELD LIABLE TO CUSTOMER FOR SHALL NOT EXCEED THE TOTAL AGREEMENT AMOUNT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Contract must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.

13. Waiver of Defenses. Customer hereby expressly, absolutely, and irrevocably waives all defenses, whether arising in equity or at law, which may now or hereafter be available to Customer, as to the validity and enforcement of this Contract, including, but not limited to duress, estoppel, failure or lack of consideration, fraud, misrepresentation, lack of capacity, unconscionability, unclean hands, or undue influence. The Customer hereby expressly, irrevocably, voluntarily, and knowingly waives, releases, and discharges all Indemnified Parties from any and all claims, demands, and causes of action of any kind, whether at law or in equity, arising from or relating to any loss, damage, injury, or death, even if caused by an Indemnified Party, occurring on, at, or near the Property, or relating to the dumpster.

14. Non-Disparagement. Customer hereby agrees to keep confidential all details related to this Contract and not disclose to any person, other than those that absolutely must know in order to execute this Contract and to effectuate the terms hereof any details hereof, without the prior written consent of Owner. Customer further covenants to refrain from disparaging or allowing, encouraging, or enabling any other person to disparage Owner or the employees, agents, contractors, customers, or vendors of any of them in any way, in any medium or forum, and in any capacity. As used herein, the terms “disparaging” and “disparage” means to publish in any forum any negative, injurious, inflammatory, or threatening content, statement, imagery, or expression. If Customer violates this section, Owner shall be entitled to seek an injunction and money damages for injury to its reputation.

15. No Warranty. There are no warranties or guarantees made by Owner in regards to the Dumpster, and any implied warranty which may be applicable to the same is hereby expressly disclaimed by Owner.