TERMS AND CONDITIONS: (Customer requesting service, hereinafter Customer), agrees to the following terms and conditions for the rental of described equipment and services. This Rental Agreement and Contract, (hereinafter Agreement), shall include ALL rentals of containers (dumpsters) and services from Contractor's Disposal, Inc. (hereinafter CDI).
PAYMENT: Payment for all base fees as well as any known additional rental time will be due upon delivery of the container. Any additional fees due to overage, contaminated load and/or fines not paid for upon delivery are due within 7 days of container pick up. Customer must call to schedule pick up. Unless otherwise agreed the customer shall make PAYMENT IN ADVANCE for all quoted service, by either Major Credit Card, Cash, Money Order or Pre-approved personal or business check. Customers paying via Cash, Check, or Money Order are subject to a security deposit, the amount of such deposit to be determined at the time of order. Customer further agrees to pay any and all additional charges, such as over service weight landfill charges, additional rental fees, no haul fees, fees incurred as a result of weights in excess of pre-included amounts, any costs as a result of damage to company equipment from customer negligence, or from removal of hazardous or prohibited materials. Customers that pay by credit card and incur additional fees will have the credit card charged for those fees. Customers with a deposit on file will have any additional charges deducted from the deposit prior to any refund being issued. In the event Customer fails to perform its obligation to remit payment, or is otherwise in breach of this Agreement, and payment is collected through an attorney, collection agency, or other proceedings, then Customer agrees to pay in addition to the amount due, reasonable attorney fees, court costs, interest and other applicable fees. Customer further agrees that CDI, by providing its container(s) and services, has improved the property where placed, and is entitled to file a Mechanics Lien therefore, in the event of non-payment. Any outstanding balance not paid within 30 days will begin to accrue at 24% interest from the date of pick up until paid in full. There will be a minimum of $25.00 for late fees.
USE OF CONTAINER: While refuse containers (dumpsters) are in Customer's possession, Customer will not place or allow to be placed into the dumpster substances hazardous to health such as toxic or corrosive materials or liquids, such as the following:
- Any liquids of any kind whether contained or not; cans, drums or other containers of any kind unless they are empty and crushed, so incapable of carrying any liquid.
- Medical waste or animal carcasses of any kind or quantity.
- Any other material not listed above however considered unsuitable for containment, ie: malodorous waste, including but not limited to: asbestos, paint, tires, gas bottles, refrigerators, freezers, television sets, fluorescent tubes, light bulbs, vehicle batteries, computer monitors, liquids and solvents.
- Extremely heavy materials such as dirt, rock, or concrete. Please let us know so that we can help you dispose of such heavy items in a more efficient manner.
- Do not fill any dumpster higher than the top of its sides in order to prevent spillage of material from the refuse dumpster either while stationary or in transit.
- Do not light fires in the dumpster. This is prohibited.
- The material to be collected and disposed of by CDI, pursuant to this Agreement, is solid waste generated by Customer excluding hazardous materials or materials that require a hazardous or toxic license or permit to transport. Hazardous Materials shall mean any substance that is toxic, ignitable, reactive, corrosive, acidic, radioactive, volatile, highly flammable or explosive and that is regulated by any local, state, or federal government. Hazardous materials include, but are not restricted to, asbestos, polychlorinated biphenyls (PCB) and petroleum. Title to and liability for any waste excluded above shall reside with Customer and Customer expressly agrees to defend, indemnify and hold harmless CDI from and against any and all damages, penalties, fines and legal liability resulting from and arising out of such waste excluded above.
LIABILITY FOR EQUIPMENT: Customer acknowledges that it has the care, custody, and control of the equipment owned by CDI and accepts responsibility and liability for the equipment and its contents except when it is being physically handled by employees of CDI. Therefore, Customer expressly agrees to defend, indemnify, and hold harmless CDI from and against any claims for loss or damage to property, or injury or death of person or persons, resulting from or arising in any manner out of Customer use or operation of any equipment furnished under this Agreement.
ACCESS, GROUND CONDITIONS, DAMAGE TO PROPERTY: Customer will be responsible for the provision of free and suitable access to and from the delivery site (including the removal and reinstatement of local obstructions), road load limit permits and for ensuring suitable ground conditions for the delivery, placement, and removal of the dumpster. Customer acknowledges that CDI shall not be liable for any damages to pavement, ground, curbing or other surfaces, or subsurface utilities, including, but not limited to, sprinkler heads and water lines, resulting from CDI trucks servicing the rented containers.
REMOVAL OF CONTAINER: In the event Customer is in default of this Agreement, CDI may enter upon the premises where the container is located, without notice, and take possession of and remove it at Customer's expense, all without legal process. Customer hereby waives any claims for damages from any such entry, taking, or removal.
RATE ADJUSTMENTS: CDI reserves the right to adjust its rates based upon increases or decreases in fuel costs, disposal facility costs or due to changes in local, state or federal laws and regulations.
LOADING OF CONTAINERS/NO HAUL FEE: All containers must be loaded uniformly and shall not be overloaded by weight on either side or end of the container or above the top rail. CDI reserves the right not to remove the container from Customer's job site if the container has been deemed too heavy (in excess of 24,000 lbs.) or overloaded by any means to transport safely by CDI. In said case, if the container is not loaded properly or is too heavy to pick up, Customer will be required to offload the container until CDI can safely transport it. Customer may be subject to a haul fee of $150.00 if deemed necessary by CDI. A haul fee is encountered when CDI has been called to Customer's job site with no services rendered by CDI.
RETURNED CHECK POLICY: There will be a set fee of $35.00 for any payment received by CDI that is deemed insufficient funds.
AUTHORITY: Customer represents and warrants that he/she has read the document and understands its contents and either Customer personally, or is duly authorized by Customer to execute this Agreement, and agrees to reimburse CDI for all expenses or damages incurred. Customer understands and agrees that all services rendered to the individual/company for whom he/she is the responsible party are charged directly to him/her and that he/she is personally responsible for payment. Customer understands that if service is suspended or terminated, any fees for services rendered will be immediately due and payable.
IF THIS AGREEMENT HAS NOT BEEN SIGNED PRIOR TO DELIVERY OF THE CONTAINER(S), THEN CUSTOMER ACKNOWLEDGES THE AGREEMENT MUST BE SIGNED PRIOR TO THE REMOVAL OF CDI'S CONTAINER(S).
The undersigned hereby agrees to all of the above terms and conditions.