DUMPSTER RENTAL SERVICE
AGREEMENT
(Non-Hazardous Waste)
This Dumpster Rental Service Agreement, together with the invoice, quotation, proposal, and/or acknowledgement, included with such Agreement and the items and conditions attached hereto (collectively, this “Agreement”), by and between the Dumpster Depot, LLC, a Utah limited liability company (“Service Provider”), and its customer, (“Customer”) listed under the Bill To line item in such invoice, whose principal address is listed in the invoice included with this Agreement, is made effective as of the Rental Date above (the “Effective Date”).
The Agreement constitutes the entire agreement between Service Provider and Customer. Any of Customer’s terms contained in any request for quotation, email, text or other communication outside of this Agreement purchase order, release, acknowledgement, or any other Customer documents that are in addition to or different from the terms contained in this Agreement shall be of no force or effect. The word “equipment” or “dumpster” as used in this Agreement shall mean all dumpsters and or containers provided by Service Provider for the storage of Waste Materials, and other devices as specified in the invoice included with this Agreement.
Customer hereby agrees to the Summary of Work and the Line Items described in such invoice and the following:
| PROHIBITED WASTE |
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| WAYS TO INCUR ADDITIONAL FEES |
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| WEIGHT LIMITS / Allowance |
| 1. 10 – Yard Dumpster (Concrete): Unlimited
2. 10 – Yard Dumpster (Mixed Dirt):3 Ton Allowance 3. 10 – Yard Dumpster (Clean Dirt): Unlimited 4. 12 – Yard Dumpster (Concrete): Unlimited 5. 12 – Yard Dumpster (Mixed Dirt):4 Ton Allowance
6. 12 – Yard Dumpster (Clean Dirt): Unlimited 7. 15 – Yard Dumpster (Concrete): Unlimited 8. 15 – Yard Dumpster (Mixed Dirt): 4 Ton Allowance 9. 15 – Yard Dumpster (Clean Dirt): Unlimited 10. 15 – Yard Dumpster: 1 Ton Allowance 11. 20 – Yard Dumpster: 2 Ton Allowance 12. 30 – Yard Dumpster: 3 Ton Allowance 13. Overweight Fee of $55 per ton (pro rated) will apply if the dumpster contents weigh more than the weight allowance stated within the invoice or the body of this Agreement. 14. Over Fill Fee will apply when dumpster is filled above the “Do Not Fill Above This Line” sticker. 15. Maximum Weight Fee will apply when a dumpster is filled with over 14 tons a material. |
TERMS AND CONDITIONS
- Services Rendered. Subject to the terms and conditions of this Agreement, in consideration of the compensation to be paid by Customer, Service Provider will provide the dumpster(s) to be used for non-prohibited waste removal, in the size(s), type(s), and quantity(ies), and shall be liable for any losses, or additional charges or costs arising in connection with any errors or failure to do so. All dumpsters shall remain the property of the Service Provider, but Customer shall have the duty of custody, control and care of the dumpster(s) and shall be liable for any and all loss or damage to the dumpster(s) and or its contents.
- Location of Services. The services shall be performed at the location(s) provided by the Customer. Customer shall be responsible for providing the street address and any further details or instructions in reasonably sufficient detail to facilitate the convenient and accurate delivery of the dumpster(s), and shall be liable for any losses, or additional charges or costs in connection with any errors or failure to do so.
- Term; Termination. The initial term (“Initial Term”) of this Agreement shall be through last date included in the Rental Date, except for Articles 5, 6, 8 , 9,11-13, 15, 20, and 21, which shall expressly survive the expiration or termination of this Agreement. After the initial term of this Agreement, this Agreement shall automatically renew for the shorter of (a) successive one-month terms or (b) the date that Customer and Service Provider mutually agree to be the termination of this Agreement (each a “Renewal Term,” and together with the Initial Term, the “Term”) thereafter.
- Waste Materials. The waste materials to be collected and disposed of by Service Provider pursuant to this Agreement consist of all solid waste generated or collected by Customer at the location specified on the first page of this Agreement (the “Waste Materials”); provided, however, that the term Waste Materials specifically excludes and Customer agrees not to deposit in Service Provider’s dumpster or place for collection by Service Provider any Prohibited Waste (as defined above), or other materials and substances that Service Provider lists on its website that it does not agree to store or dispose of for any customers (“Excluded Waste”). Customer agrees that it is solely and exclusively responsible for complying with all applicable federal, state or local laws and regulations related to Waste Materials and Excluded Waste.
- Title. Title to and liability for any Excluded Waste shall remain with the Customer and Customer expressly agrees to defend, indemnify and hold harmless Service Provider from and against any and all damages, penalties, fines, liabilities and costs (including reasonable attorney’s fees) resulting from or arising out of the deposit of Excluded Waste in Service Provider’s dumpsters, containers or other equipment.
- Payments. Customer agrees to pay Service Provider for the services and/or dumpster(s) furnished by Service Provider in accordance with the charges and rates provided for in the Agreement. Failure of Customer or Service Provider to sign an invoice or otherwise acknowledge receipt of service in writing shall not be grounds for non-payment for services provided by Service Provider under the terms of this Agreement. Payment shall be made by Customer to Service Provider as of the Due Date as set forth in the invoice included with this Agreement. Service Provider may impose and Customer agrees to pay a late charge as determined by Service Provider for all past due payments, and interest on all past due payment at the lesser of either (a) the rate of (Ten percent,10%) per month or (b) the maximum rate allowed by applicable law. If Customer fails to pay invoice a lien will be placed on the property address service was provided at. Payment is due before pick up.
- Service Changes and Amendments. Changes to the type, size and number of dumpsters, the frequency of service, and corresponding adjustments to the rates, may be made by agreement of the parties, evidenced in writing or by the practice and actions of the parties, without affecting the validity of this Agreement and this Agreement shall be deemed amended accordingly. This Agreement shall continue in effect for the Term provided herein and shall not be affected by any changes in Customer’s service address if any new services address is located within Service Provider’s service area. Should Customer change its service address to a location outside Service Provider’s service area, either party may cancel the Agreement upon thirty days’ written notice to the other party. Upon early termination of the Agreement the Customer shall immediately pay all outstanding balances owed to the Service Provider. Any other amendment to this Agreement not otherwise expressly provided for herein shall be made in writing and signed by both parties.
- Responsibility for Dumpsters. Any dumpster or other equipment furnished hereunder by Service Provider shall remain the property of Service Provider, however, Customer acknowledges that it has care, custody, and control of the dumpster while at Customer’s location and accepts responsibility for all loss or damage to the dumpster (except for normal wear and tear) and for its contents. Customer agrees not to overload (by weight or volume), move or alter the dumpster, and shall use the dumpster only for its proper and intended purpose. If Customer overfills the dumpster over the 14 ton weight limit and/or beyond the fill line, then Customer shall be responsible for the fees charged by Service Provider and Customer shall be required to remove enough material from the dumpster so Service Provider to meet the 14 Ton maximum requirement and fill line within 72 hours of the request from the Service Provider. Customer agrees to indemnify, defend, and hold harmless Service Provider, its employees, and agents against all claims, damages, suits, penalties, fines, liabilities, and costs (including reasonable attorney’s fees) for injury or death to persons or loss or damage to property arising out of Customer’s use, operation or possession of the dumpster and/or other equipment. Customer agrees to provide unobstructed access to the dumpster on the scheduled collection day, including removal of ice and snow. If the dumpster is inaccessible so that the regularly schedule pick-up cannot be made, Service Provider will promptly notify Customer and afford Customer a reasonable opportunity to provide the required access, however, Service Provider reserves the right to charge additional fee(s) for inaccessibility, delay and/or any additional collection services required by Customer’s failure to provide such access. In Service Provider’s sole discretion and expense, Service Provider reserves the right to substitute a dumpster with a different dumpster that is larger than provided for in the Agreement.
- Damage to Pavement/Obstructions. Customer warrants that Customer’s pavement, curbing and other driving surface or any right of way reasonably necessary for Service Provider to provide the services described herein are sufficient to bear the weight of all of Service Provider’s ordered dumpster that is reasonably required to perform such services. Customer warrants that overhead wires, structures, signs, banners, vegetation and all other potential obstructions are at adequate and safe height to allow clear access for the delivery and occupancy of Service Provider’s dumpster. Service Provider will not be responsible for damage to any such pavement, curbing, driving surface, right of way, wires, signs, banners, vegetation, structures, or obstructions and Customer agrees to assume all liabilities for any such damages, which results from the delivery of the dumpster or the weight or height of the delivered dumpster at Customer’s location.
- Cancellation Fees. If Customer defaults or attempts to cancel Service Provider’s services to this Agreement prior to termination of this Agreement, Customer shall pay all past due sums, the Cancellation Fee, the Dry Run Trip Charge (if applicable), and the amounts owed for the remainder of the Initial Term and/or Renewal Term of this Agreement.
- Attorney’s Fees. If Customer defaults or otherwise breaches this Agreement, Customer shall pay, to the extent permitted by law, all of Service Provider’s reasonable attorney’s fees and costs Service Provider incurs to enforce its rights against Customer for its breach of this Agreement.
- All Other Fees. Customer agrees that, in accordance with the stipulations of this Agreement, it shall be responsible for and will ensure the full payment of all additional fees payable under this Agreement. This obligation includes, but is not limited to, the fees enumerated within the invoice and otherwise set forth in this Agreement.
- Credit Card Authorization. Customer authorizes Service Provider to charge Customer’s credit card (as provided by Customer) for all fees, charges, and any other amounts due under this Agreement, past Agreements or future Agreements. Customer authorizes Service Provider to do pre-authorization(s) on Customer’s credit card upon placing an order or thereafter in an amount sufficient to cover the anticipated total fees and charges for the order. Customer shall update Service Provider or its merchant services provider with any changes in credit card information.
- Breach, Suspension and Termination for Cause. If the Customer is in breach of this Agreement during the Term, the Service Provider may suspend its performance hereunder until such breach has been cured or it may terminate this Agreement; provided, however, that no termination of this Agreement shall be effective until the Service Provider has given written notice of such breach to the Customer and the Customer has failed to cure such breach within seven days from the date of notice. Upon any such failure to cure, the Service Provider may terminate this Agreement by giving the Customer written notice of such termination, which shall become effective upon the date of such notice. Service Provider may, as permitted by law, re-take possession of the dumpster.
- Indemnification. Customer agrees to indemnify, defend and hold harmless Service Provider, including its officers, directors, members, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, judgments, debts, fines, penalties, charges, expenses, costs or other liabilities of whatsoever kind of nature (collectively, “Losses”) asserted or alleged by any third-party arising from or related to: (a) Customer’s failure to obtain and/or maintain any required Permit; (b) Customer’s use or storage of Excluded Waste in the equipment; (c) loss or theft of the dumpster; (d) damage and/or destruction of the dumpster during the Term; (e) personal injury and/or property damage relating to Customer’s use and/or possession of the dumpster; (f) physical damage to streets, roadways and/or driveways caused by the dumpster; and (g) Customer’s breach of the Agreement.
- Permits. Customer acknowledges that certain locations and/or uses of the equipment may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the equipment (collectively referred to hereinafter as a “Permit”). Customer represents and warrants to Service Provider that Customer (and not Service Provider) is solely responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the equipment.
- Waiver; Limitation of Liability and Disclaimer of Warranties. EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF SERVICE PROVIDER, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST SERVICE PROVIDER RELATING TO OR ARISING FROM CUSTOMER’S RENTAL OF THE DUMPSTER FROM SERVICE PROVIDER AND/OR SERVICE PROVIDER’S PERFORMANCE UNDER THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER’S PROPERTY, PAVEMENT, CURBING DRIVEWAYS, WALKWAYS, LANDSCAPING AND/OR LAWN RELATED TO OR ARISING FROM THE STORAGE OF THE DUMPSTER IN OR ON CUSTOMER’S PROPERTY. THE DUMPSTER SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND SERVICE PROVIDER MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE DUMPSTER WILL MEET CUSTOMER’S REQUIREMENTS.
- Assignment. Customer shall not assign this Agreement without the prior written consent of Service Provider. Service Provider may assign this Agreement to successors or assigns, including any successor by merger, consolidation, reorganization or an entity that acquires all or substantially all of the assets of Service Provider or who acquires a majority of the Service Provider’s equity securities or voting interest or all or substantially all of Service Provider’s business.
- Excused Performance. Except for the payment of amounts owed hereunder, neither party hereto shall be liable for its failure to perform or for delay in its performance hereunder due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, compliance with laws or governmental orders, inability to access a dumpster, fires, inclement weather and acts of God, and such failure shall not constitute a breach under this Agreement. For the avoidance of doubt, however, a law or government order, ordinance or award establishing an exclusive franchise or similar right for a service provider in Service Provider’s service area shall not excuse Customer’s performance hereunder.
- Binding Effect. This Agreement is a legally binding contract on the part of Service Provider and Customer and their respective heirs, successors, and permitted assigns in accordance with the terms and conditions set out herein.
- Venue; Waiver of Jury Trial. This Agreement shall be governed by the laws of the State of Utah in which Service Provider’s principal office listed on the first page of the invoice is situated, without regard to conflicts of law provisions. Any dispute or proceeding arising out of or in connection with this Agreement shall be filed and litigated in the state courts of in and for Salt Lake County, Utah. The parties agree and stipulate that such courts shall have jurisdiction over them and any such action. CUSTOMER AND SERVICE PROVIDER HEREBY BOTH AGREE TO WAIVE THE RIGHT TO A JURY TRIAL.
- Time Frames. All selected service times are accompanied by a 2-hour flexibility window, allowing for scheduling either 2 hours prior to or following the chosen time.
- Entire Agreement. This Agreement represents the entire understanding and agreement between the Service Provider and Customer concerning the matters described herein and supersedes any and all prior or contemporaneous agreements, whether written or oral, that may exist between the parties regarding the same. This Agreement may not be amended, modified or changed, nor shall any waiver of any provision hereof be effective, except by way of written instrument signed by both parties.
ADDITIONAL CHARGES/FEES:
Prohibited Waste Fees:
- Freon Containing Refrigeration Units – $25 Each
- Epoxy/Bonding Agents – $150
- Petroleum Based Fuels – $150
- Medical Waste – $150
- Paint & Lacquers – $75
- Tires – $25 Each
- Batteries – $75
Additional Fees:
- Mattress & Box Springs – $25 Each
- Extra Day Fee – $15 Per Day up to 4 days.
- Idle Fee – $150 idle fee for another 10 days once rental is 4 days past its term.
- Dry Run Fee – $150
- Relocation Fee – $125 Or Fuel Fee.
- Over Fill Fee – $150
- Past Due Payment Fee – $15 Per Day
- Cancellation Fee – $75
- Washout Cement in Dumpsters – $250
- Loose Food Fee – $250
In Witness Whereof, the Customer has caused this Agreement to be executed on the date first written above by his/her/its duly authorized representative.
“Customer”