Dumpster Rental Agreement

1. Equipment Rental

• Customer certifies that they are either the property owner, renter, have power of attorney for the property owner, or are the licensed broker or hired contractor for the property.
• Customer may not sublet the dumpster for any reason.
• The rental period begins the day the dumpster is dropped off, unless otherwise granted by Company.
• Dumpster rentals are scheduled for ANY TIME after 6 am on the day of delivery/pickup. If Customer needs a dumpster delivered at a set time, it is best to get it dropped off the day before.
• Company reserves the right to make changes to existing schedules at ANY TIME if deemed necessary by Company.
• Company communicates with Customer via phone calls and text messages. All notifications are sent via text message.

2. Price

Customer agrees to rent a dumpster from Company according to the price and fees set below. One dump is included with the rental.

3. Charges and Payments

• Customer shall pay Company in accordance with established rates for the services provided. Customer shall be liable for all taxes, fees or other charges imposed upon the disposal of the Customer's waste materials by Federal, State, local laws, and regulations. Customer is required to add a card on file when the contract is signed and accepted. Payment is due the day after delivery. All invoices are subject to a card processing fee in the amount of 3% per transaction.
• Company is not able to schedule pickup if payment is not received. Customers who are unresponsive to Company's attempts to collect any amount due will be turned over to legal for disposition. Company reserves the right to remove the dumpster, leave the contents of the dumpster at Customer's property, and invoice Customer for all incurred costs, if Customer is unresponsive to Company's attempts to collect payment.
• All charges, fees, and/or assessments incurred by Company relative to the denial of payment to Company by Customer's credit card company, bank or any other entity used by Customer to pay Company, are fully the responsibility of Customer and reimbursable to Company, in full, by Customer.
• Customer is required to always maintain a valid, working credit card with sufficient funds on file.
• Customer agrees to allow Company to immediately manually charge the credit card without dispute for any charges for dumpster rental related items, such as initial dumpster rental, extra rental days, exceeding dumpster weight limits, additional dumpster swaps, etc.
• Weight overage fee is $90 per ton.
• Shingles: $150/ton. Must contact Company before putting shingles in the dumpster. The weight allowance for the dumpster rental is voided if shingles are found in the dumpster.
• Cancellation fee on the day of delivery is 100% of the dumpster rental price.
• Dry run: failed delivery, failed pickup, failed exchange fee is $225. Some of the reasons for dry run: dumpster is filled with unacceptable materials, dumpster is too heavy, gate is locked, access to the dumpster is blocked by a car, delivery/pickup is canceled when the driver is en route, etc.
• Clean-out fee is $75. If Customer disposed of smelly, sticky items that are not properly bagged/boxed/sealed and those items stained the dumpster, Customer is responsible for dumpster wash-out cost.
• Labor is $75 per hour.
• Wait time - $20 for every 15 minutes after arrival.
• Emergency delivery/pickup is $175 plus cost of the dumpster rental.
• Dumpster relocation fee is $150. Same address as delivery address only.
• Dumpster inactivity fee is $380 after 28 days, added starting day 29 if Customer failed to communicate rental extension.
• Use of smash my trash equipment of any kind is prohibited. Full dumpster equipment replacement cost including but not limited to fabrication, painting, logo applications will be added to the invoice.
• Late payment fee is $35. If the invoice is not paid the day after delivery, Company reserves the right to add a late payment fee.
• Customer agrees to pay Company a fee of $35.00 per card denial, returned check, returned ACH.
• All invoices are subject to a card processing fee in the amount of 3% per transaction. ACH payment is accepted ONLY for existing customers. Allow up to 5 business days for ACH transaction to complete. We are NOT able to pick up the dumpster until the ACH payment is cleared which can take up to 5 business days. Company approval is required to submit ACH payment.

4. Weight Limit

• Customer agrees to restrict tonnage to 2 tons for a 10 yard dumpster, 2 tons for a 15 yard dumpster, 3 tons for a 20 yard dumpster, 4 tons for a 30 yard dumpster, 3 tons for a 10 yard heavy duty dumpster. Dumpster must be evenly loaded. Contents should not exceed the height of the dumpster. If weight exceeds the relevant tonnage limit, Customer hereby agrees to pay an additional fee of $90 per ton for each ton more than the limit for that dumpster.
• The legal tonnage for the trucks that service 10 yard, 15 yard and 20 yard dumpsters is 5 tons. The legal tonnage for the trucks that service 30 yard and 10 yard heavy duty dumpsters is 10 tons. Any dumpster over that weight is subject to a refusal to haul.

5. Placement of Dumpster

• Customer warrants and represents that any location provided by Customer for the dumpster is sufficient to bear the weight and size of the dumpster and any vehicle required to transport the dumpster. Company shall not be held responsible for damage to pavement, road surfaces, lawns, fences, shrubbery, septic systems, private wells, or any other property. It is Customer's responsibility to communicate parking instructions at the time of booking. Customer is required to ensure unobstructed access to the drop-off site on the delivery day.

6. Required for Pickup

• Debris may not extend above the top rim of the dumpster. The tarp must be able to roll completely over the top without obstruction. The back door/doors must be closed and secured before the dumpster can be removed. Overfilled or unprepared containers will be brought into compliance at Customer's expense.

7. Accessibility

• Dumpsters are delivered/picked up any time after 6am. It is Customer's responsibility to communicate parking instructions at the time of booking. Customer is required to ensure unobstructed access to the drop-off site on the delivery day. Customer is required to ensure unobstructed access to the drop-off site on the pickup day. Dumpster must never be blocked. Dumpster must be evenly loaded. Contents should not exceed the height of the dumpster. If Company is not able to drop off/pick up the dumpster, Customer is charged a dry run fee in the amount of $225.

8. Customer Responsibility

• The Customer is responsible for all loss or damage to the dumpster provided, including theft, vandalism, or contamination, except for normal wear and tear. The use of forklifts, backhoes, "Smash My Trash," or any other heavy equipment is strictly prohibited.
• The Customer shall use the dumpster only for its intended purpose and shall not overload, relocate, alter, or improve it.
• The Customer shall be liable for all fines, charges, and damages arising from misuse, overloading, vandalism, or negligence. For partial damage, the Customer is responsible for all repair, cleaning, and restoration costs. For total loss, the Customer is responsible for the full replacement cost of the dumpster, including fabrication, painting, and logo application. Any damage resulting from prohibited equipment use will be billed accordingly.
• All applicable repair costs, replacement costs, loss-of-use charges, fines, and administrative fees may be invoiced upon assessment and are due in accordance with the Company's standard payment terms. Loss-of-use charges may include rental fees for the period the dumpster is unavailable. Any insurance proceeds received by the Customer related to the dumpster shall be remitted to the Company and do not limit the Customer's responsibility for uncovered amounts.
• The Customer agrees to indemnify, defend, and hold harmless the Company from and against any claims, damages, penalties, fines, or liabilities arising out of the Customer's use, operation, or possession of the dumpster.

9. Content Regulations

• Customer assumes full responsibility for the contents of the container until the container is dumped and accepted by the designated disposal facility. Due to inclement weather, closed landfills, or long lines at landfills, Company reserves the right to dispose of dumpster contents within 3 business days of pickup. During this period, dumpsters are stored in Company's secured yard with 24/7 video surveillance. Access to stored dumpsters is restricted to authorized personnel only, and contents remain undisturbed until final disposal at the designated landfill.

10. Hazardous and Unacceptable Material Prohibited

• Customer warrants and represents that the dumpster will not contain any hazardous materials and acknowledges that the disposal of such hazardous materials is strictly prohibited. Hazardous and prohibited materials will be left at Customer's location, and any associated expenses are the responsibility of Customer. Customer is liable for cost of disposition of hazardous materials if such materials are uncovered during disposal. If Customer has any questions about whether a particular material is considered hazardous, please call the Company before disposing of the material in the dumpster.

11. Consequences of Violating Regulations

If contents that are not allowed by this contract or any Federal, State, or City agency are disposed of, all costs, fines, penalties, or other actions taken for said disposal, Customer bears full responsibility for all charges associated with any violations of this agreement. Costs may include but are not limited to cleanup, monitoring, legal fees, penalties, or any other charges associated with unauthorized material disposal. Materials may be returned to the customer at the customer's expense.

12. Permits, Approval, and Fees

Customer shall be responsible for obtaining all necessary permits and approvals and paying all fees that may be incurred in conjunction therewith.

13. Indemnification

Customer agrees to indemnify and hold harmless Company from, against and in respect to all claims, losses, expenses, damages, obligations and liabilities (including costs of collection and reasonable attorney's fees) of any kind or nature whatsoever, including any misrepresentation, breach of warranty, or non-fulfillment of any representation, warranty, covenant or agreement of or by Customer in this Agreement. To the maximum extent permitted by applicable law, in no event shall Company be liable to customer for any indirect, incidental, special, consequential or exemplary damages arising out of or related to this agreement under any legal theory, including but not limited to damage to customer's property, pavement, curbing, driveways, walkways, fences, landscaping and/or lawn which is related to or arising from the storage or transport of the equipment in or on customer's premises even if company has been advised of, knows of, or should have known of the possibility of such damages. Customer hereby waives any and all claims and losses against Company relating to or arising from Customer's rental of the equipment and/or company's performance under this agreement.

14. Entire Agreement

This Agreement contains the entire agreement between the Parties and supersedes all prior agreements and understanding, oral or written, between the Parties with respect to the subject matter hereof. No representation, inducement, promise, understanding, condition, or warranty not set forth herein has been made or relied upon by either Party hereto.

15. Amendment

This Agreement may be modified only by an agreement in writing signed by the Parties hereto.

16. Governing Law

This Agreement shall be interpreted and enforced under the laws of the State of Texas, without considering its conflicts of law rules.

17. Severability

Customer agrees that each provision contained in this Agreement shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein. Moreover, if one or more of the provisions or parts thereof contained in this Agreement shall for any reason be held to be excessively broad as to scope, activity or subject to be unenforceable at all, such provision or parts or provisions shall be construed by the appropriate judicial body by limiting and reducing it or them, so as to be enforceable to the extent compatible with the then applicable law.

18. Waiver

A waiver of any claim, demand or right based on the breach of any provision of this Agreement shall not be construed as a waiver of any other claim, demand or right based on a subsequent breach of the same or any other provision.