Dumpsters on Demand Terms and Conditions
PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. BY ACKNOWLEDGING ACCEPTANCE OF THESE TERMS AND CONDITIONS ELECTRONICALLY, OR USE OF THE SERVICES OF DUMPSTERS ON DEMAND, LLC (“COMPANY”) (WHICHEVER OCCURS FIRST) CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS BY YOU (“CUSTOMER”).
1. Cancellation. Any rental order, once placed with and accepted by Company, may not be cancelled by Customer except upon the written consent of Company, which may be withheld within the sole discretion of Company. If Company agrees to accept a cancellation after accepting a Customer’s order, Company will be entitled to a cancellation fee, charged to Customer’s credit card, in an amount equal to 25% of the value of the order if the cancellation occurs prior to ten (10) business days before the scheduled delivery and a cancellation fee in an amount equal to 75% of the value of the order if the cancellation occurs thereafter. You will be responsible for 100% of the value of the order if the rental dumpster equipment (the “Equipment”) is sent out for delivery to the location you designate.
(a) Customer agrees to maintain a clear and accessible pathway for Company to deliver
and retrieve the Equipment. Customer agrees to schedule the pick-up of the Equipment by Company within 2 days of the delivery. Upon the delivery of the Equipment to the location as designated by Customer, Customer will not move, transport or attempt to move or transport (either directly or indirectly) the Equipment from the designated site without prior notice to and consent from Company, which may be withheld in Company’s the sole discretion.
(b) Company will use commercially reasonable efforts to ensure timely delivery and pick-up of Equipment; provided that, due to circumstances beyond Company’s control, including, but not limited to, inclement weather, hazardous roads and/or driving conditions, traffic delays, motor vehicle accidents, delays at landfills and equipment failure, Company cannot and does not guarantee delivery times or dates. Company will not be liable to Customer under any circumstances for costs, expenses, losses and/or damages incurred by Customer in any manner relating to such delays.
(c) If Company attempts to deliver or pick-up the Equipment and is unable to do so for any reason beyond Company’s control, including, but not limited to, overloaded Equipment, low lying power lines or tree branches, blocked access to the delivery or pick-up location, damaged Equipment, locked gates, fences or parking lots, inaccessible driveways and/or the storage of prohibited items or substances in the Equipment (collectively, a “Dry Run”), then Company will be entitled to a Dry Run inconvenience fee. The standard Dry Run inconvenience fee is $150.00; provided that, if Company incurs additional charges, fees, fines, penalties costs and/or expenses related to the Dry Run, then Company may increase the Dry Run inconvenience fee upon invoice to Customer in order to recoup any such charges, fees, fines, penalties costs and/or expenses. Customer acknowledges and agrees that Company is authorized and entitled to charge to Customer’s credit card the amount of any such Dry Run inconvenience fee.
(a) Customer is solely responsible for complying with the weight and height restrictions applicable to the Equipment. Customer acknowledges that: (i) each item/unit of Equipment has a designated weight specification and corresponding weight limitation (which varies based on the size and type of the Equipment, as well as other factors); (ii) each item/unit of Equipment has a designated height specification and corresponding height limitation (which varies
based on the size and type of the Equipment, as well as other factors); (iii) the size and/or volume of the particular item/unit of Equipment is not determinative of the applicable designated weight and height specifications and weight and height limitations for such item/unit of Equipment; (iv) local, municipal, city, county and/or state laws, regulations, rules and ordinances also govern and limit the weight and/or amount of material that can be legally stored in and/or transported in the Equipment; and (v) rain, water, snow, or ice permitted by Customer to accumulate in the Equipment can increase and under certain circumstances exceed the applicable weight restriction relating to specific Equipment.
(b) Customer acknowledges that Customer is solely and exclusively responsible for determining the weight and height restrictions applicable to Customer’s Equipment and for strictly complying with such restrictions, including, but not limited to, covering the Equipment in order to prevent rain, water, snow, or ice accumulation in the Equipment.
(c) Customer acknowledges that Company incurs charges and expenses in connection with the transport of loaded Equipment to landfills, and that such charges and expenses are based upon the weight and height of the Equipment. If Customer fails to comply with applicable weight or height restrictions, Company may incur and pay for charges, expenses, penalties and/or fines from a landfill or other third-party, whether private or public, including, but not limited to traffic fines and penalties or other consequential damages (collectively the “Overload Expenses”). If Company incurs any Overload Expenses, then, in addition to all other remedies to which Company is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to Company (including Customer’s reimbursement of all such Overload Expenses to Company), Customer will pay Company a fee of $150.00 per ton in excess of the applicable weight restriction for the Equipment (“Overload Fee”), as determined within the sole discretion of Company. Customer acknowledges and agrees that Company is authorized and entitled to charge to Customer’s credit card the amount of any such Overload Fees.
4. 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 as a “Permit”). Customer represents and warrants to Company that Customer (and not Company) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment.
5. Banned Substances. Customer acknowledges that local, municipal, city, county, state and/or federal laws, regulations, rules and ordinances prohibit the storage of certain items, materials and substances in the Equipment (“Banned Substances”). Banned Substances include, without limitation, tires, batteries, tree stumps, railroad ties, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, food waste, fuels, adhesives, refrigerants and other toxic and/or hazardous materials and substances. Customer acknowledges and agrees that Customer is solely and exclusively responsible for complying with all applicable laws relating to Banned Substances, and Customer will be liable for any charges, expenses, damages, losses, fines and/or penalties (including, but not limited to traffic fines and penalties) relating to Customer’s storage of Banned Substances in the Equipment.
6. Indemnification. Customer agrees to indemnify, defend and hold harmless Company, 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 or nature (collectively, “Losses”) asserted or alleged
by any third-party arising from or related to: (i) Overload Expenses; (ii) Customer’s failure to obtain and/or maintain any required Permit; (iii) Customer’s use or storage of Banned Substances in the Equipment; (iv) loss or theft of the Equipment; (v) damage and/or destruction of the Equipment during the applicable rental term; (vi) personal injury and/or property damage relating to Customer’s use and/or possession of the Equipment; (vii) physical damage to streets, roadways and/or driveways caused by the Equipment; and (viii) Customer’s breach of these Terms and Conditions. Customer agrees to pay Company for any and all damages to Equipment that occur while Equipment is in Customer’s possession or under Customer’s control.
7. Limitation of Company’s Liability. CUSTOMER WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST COMPANY RELATING TO OR ARISING FROM CUSTOMER’S RENTAL OR USE OF THE EQUIPMENT AND/OR COMPANY’S PERFORMANCE, 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 OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER’S PROPERTY. THE EQUIPMENT WILL BE PROVIDED ON AN “AS-IS” BASIS, AND COMPANY 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 EQUIPMENT WILL MEET CUSTOMER’S REQUIREMENTS.
8. Governing Law; Exclusive Venue. Any and all disputes arising from or in connection with the Equipment rental transaction between Company and Customer, including, but not limited to, these Terms and Conditions, and/or Customer’s possession and use of the Equipment, will be construed in accordance with and governed by the laws of the Commonwealth of Pennsylvania, including all matters of construction, validity and performance, without giving effect to any conflict of laws provisions. Any action brought between the parties related to or arising from these Terms and Conditions will be resolved in the state courts located in Bucks County, Pennsylvania, and the United States District Court for the Eastern District of Pennsylvania, and the parties consent to the exclusive jurisdiction in these courts. Each party irrevocably submits to and accepts such jurisdiction and waives any objection (including any objection to venue, enforcement, or grounds of forum non conveniens) that might be asserted against the bringing of any such action, suit or other legal proceeding in such court.
9. Severability. Any provision that may be prohibited by applicable law will be ineffective to the extent of such prohibition but will not invalidate the remaining provisions.
10. No Assignment. Neither this rental transaction nor any part or portion of Customer’s performance is assignable by Customer in whole or part without the prior written consent of Company, which may be withheld within the sole discretion of Company.
11. Entire Agreement. Upon Company’s acceptance of Customer’s order for the rental of the Equipment, these Terms and Conditions will constitute the entire agreement between Customer and Company, and no statement, correspondence, or other terms will modify or affect these Terms and Conditions. No change in these Terms and Conditions will be valid unless approved by Company in writing.
12. Electronic Signature. Customer agrees to use of an electronic signature in connection with acceptance of these Terms and Conditions, and such electronic signature will have the same effect as if manually executed.