By renting dumpsters from I Need Dumpster, LLC, you agree to the below terms and conditions:
Customer certifies that they are either the property owner, renter, has power of attorney for the property owner, or the licensed contractor/broker 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 5 am during summer hours and 6 am during winter hours on the day of delivery. 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.
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. Payment for invoices is due on the day following the drop-off date. The late fee in the amount of $35 per day is applied if payment is not received on time. Company is not able to schedule the pickup if payment is not received. Customer who are unresponsive to Company’s attempts to collect any amounts due will be turned over to legal for disposition. Company reserves the right to remove the dumpster, leave the content of the dumpster at Customer’s property, and invoice Customer for all incurred costs.
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. Maximum tonnage allowed per 10 yard dumpster, 15 yard dumpster, 20 yard dumpster is 5 tons. Maximum tonnage allowed per 30 yard dumpster, 10 yard heavy duty dumpster is 7 tons.
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.
Customer is required to ensure unobstructed access to the drop-off site on the pickup day. 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. Containers that are overfilled or unprepared will be adjusted to comply with regulations at the expense of the Customer.
Dumpster must never be blocked. Dumpster must be evenly loaded. Contents should not exceed the height of the dumpster. 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. If Company is not able to pick up the dumpster, Customer is charged a dry run fee in the amount of $125.
Customer is responsible for all loss or damage (including theft) to the dumpster provided except for normal wear and tear. The use of forklifts, backhoes, smash my trash and other heavy equipment is prohibited. Customer shall not overload, move the dumpster or make any alterations or improvements to the dumpster and shall use the dumpster only for the proper purposes for which it is intended. Customer is responsible for any fines, charges, or damages to the equipment resulting from overloading. Customer agrees to indemnify, defend, and hold harmless Company against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property arising out of Customer’s use, operation, or possession of the dumpster.
Customer assumes full responsibility for the contents of the container until it is dumped and accepted by the designated disposal facility.
Customer warrants and represents that the dumpster will not contain any hazardous materials and acknowledges that the disposal of such hazardous materials is prohibited. Hazardous and prohibited materials will be left at the Customer’s location, and any associated expenses are the responsibility of the Customer. 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. Use of smash my trash equipment of any kind is prohibited. Full dumpster equipment replacement cost including fabrication, painting and logo applications will be added to the invoice.
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 not be 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.
Customer shall be responsible for obtaining all necessary permits and approvals and paying all fees that may be incurred in conjunction therewith.
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.
This Agreement will be interpreted and enforced in accordance with the laws of the State of Texas, without considering its conflicts of law rules.
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 them, so as to be enforceable to the extent compatible with the then applicable law.
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.