DUMPSTER RENTAL TERMS AND CONDITIONS
These terms and conditions (“Terms”) are the only terms that govern the provision of dumpster rental by Local Trash, LLC (”Local Trash”) to customer (”Customer”).
The accompanying order confirmation (“Order Confirmation”) and these Terms (collectively, the “Rental Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Order Confirmation, these Terms shall govern.
These Terms prevail over any of Customer’s general terms and conditions regardless whether or when Customer has submitted its request for proposal, order, or such terms. Provision of Equipment to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms.
Local Trash shall rent dumpsters to Customer as described in the Order Confirmation (the “Equipment”) in accordance with the Rental Agreement.
Delivery and Pick-up of Equipment
Local Trash will use commercially reasonable efforts to ensure timely delivery and pick up of Equipment; provided that, due to circumstances beyond its 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, Local Trash cannot and does not guarantee delivery times or dates. Any dates in the Order Confirmation shall be estimates only. Local Trash 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. Upon the delivery of the Equipment to the location as designated by Customer, Customer shall 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 Local Trash, which may be withheld within the sole discretion of Local Trash. In the event that Local Trash attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond Local Trash’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 Material in the Equipment (collectively referred to as “Dry Run”), then Local Trash shall be entitled to a Dry Run inconvenience fee. The standard Dry Run inconvenience fee is $150.00; provided that, if Local Trash incurs additional charges, fees, fines, penalties costs and/or expenses related to the dry run, then Local Trash may increase the dry run inconvenience fee in order to recoup any such charges, fees, fines, penalties costs and/or expenses. Customer acknowledges and agrees that Local Trash is authorized and entitled to charge to Customer’s credit card the amount of any Dry Run inconvenience fee. Customer shall be solely responsible for any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including, without limitation, a towing company) incurred in connection with the movement, placement and/or use of the Equipment. In the event of Customer’s violation and/or breach of the terms of the Rental Agreement (including these Terms and Conditions), Local Trash may, within Local Trash’s sole discretion and without prior notice to Customer and without any liability to Customer, pick-up the Equipment. In addition, Local Trash may pick-up the Equipment at any time if required to do so by local, county and/or state law or as required by order of any local, county and/or state government or agency.
Cooperate with Local Trash in all matters relating to the Rental Agreement and provide such access to Customer’s premises, and such office accommodation and other facilities as may reasonably be requested by Local Trash, for the purposes of performing the Rental Agreement;
Respond promptly to any Local Trash request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for Local Trash to perform the Rental Agreement;
Provide such customer materials or information as Local Trash may reasonably request to carry out the Rental Agreement in a timely manner and ensure that such customer materials or information are complete and accurate in all material respects;
obtain and maintain all necessary consents and comply with all applicable laws in relation to the Rental before the date on which the Rental is to be provided;
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 Local Trash that Customer (and not Local Trash) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment. In the event that Customer fails to obtain and/or maintain all necessary and required Permits, Company may pick-up the Equipment without prior notice to Customer and without any liability to Customer.
Customer is responsible for all loss or damage (including theft) to any Equipment other than normal wear and tear. Fork-lifts, backhoes and other heavy equipment used in the loading of dumpsters are the leading cause of damage. The only exception is damage resulting from Local Trash handling of the Equipment when providing its service during drop-off and pick-up. Customer shall not overload or move Equipment or make any alterations or improvements to Equipment, and shall use Equipment only for the proper purposes for which it is intended. Customer shall be liable for any overweight fines or charges caused by an overload condition. On collection day, Customer shall provide unobstructed access to any dumpster to be picked up. If, on the day of scheduled collection, a dumpster is inaccessible, Customer will be notified and charged a one-time $125 trip-fee for the missed attempt at collection.
Customer’s Acts or Omissions. If Local Trash’s performance of its obligations under this Rental Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants or employees, Local Trash shall not be deemed in breach of its obligations under this Rental Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
Waste Materials. Customer warrants that any waste material placed in any dumpster dropped off and subsequently picked up by Local Trash will not contain hazardous, toxic, radioactive wastes, unacceptable materials (including wet concrete and adherent substances: wet glue, wet paint, wet concrete, wet plaster, hot tar or any other “sticky” substance that would require mechanical removal) or other prohibited substances as defined by applicable Federal, State, local laws or regulations (collectively “Prohibited Materials”). Any Prohibited Materials will be left at customer’s location at Customer’s expense. If Prohibited Materials are discovered at the dumping site and Local Trash is subsequently fined for these Prohibited Materials, Customer agrees to pay the fine plus a 10% handling charge. If a clean-out is necessary to return the container to normal service due to the presence of Prohibited Materials, Customer agrees to pay the third-party clean out fee plus a 10% handling charge.
Overloading. Customer agrees to load dumpsters level and even with the sides, with no material sticking up above the load, so as to provide for tarping the dumpster in conformance with State mandated load coverage regulations. Customer will be responsible for any violations or fines received as a result of an overloaded dumpster. Any additional charges due to excess tonnage in a dumpster will be automatically charged to Customer’s credit card. Customer shall pay Local Trash for all excess tonnage in any dumpster at the rate of $65.00 per ton, in accordance with the following schedule:
12.5 yard dumpster rental: all tonnage in excess of two (2) tons;
Driveways and Parking Area. Customer warrants that any right of way provided by Customer for Local Trash shall be sufficient to bear the weight of all Local Trash dumpster and vehicles required to perform the service contracted. Local Trash shall not be responsible for damage to any private pavement or accompanying sub-surface or any route necessary to perform the Rental contracted. In addition, Local Trash shall not be responsible for damage to lawns, fences or shrubbery in accordance with an agreed upon drop spot. In designating a drop-spot, Customer assumes all liabilities for damage to pavement or road surface, sidewalks, lawns, fences, shrubbery, trees, septic systems or wells. Dumpsters and the trucks that bear them are extraordinarily heavy, especially when loaded.
Charges and Payments. Customer shall pay Local Trash in accordance with established rates for the Rental 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 shall be made by Customer by credit card, check or cash. Local Trash may impose, and Customer agrees to pay, a late fee not to exceed the maximum rate allowed by applicable law for all past due payments.
Any and all charges, fees, and/or assessments incurred by Local Trash relative to the denial of payment to Local Trash by Customer’s credit card company, bank or any other entity used by Customer in an attempt to pay Local Trash, are fully the responsibility of Customer and reimbursable to Local Trash, in full, by Customer, plus Customer agrees to pay Local Trash a fee of $35.00 per denial.
Taxes. Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer hereunder.
Disclaimer of Warranties
ALL EQUIPMENT IS PROVIDED ON AN “AS-IS” BASIS, AND LOCAL TRASH 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 OR INTENDED PURPOSE(S).
In addition to any remedies that may be provided under this Rental Agreement, Local Trash may terminate this Rental Agreement with immediate effect upon written notice to Customer, if Customer:
fails to pay any amount when due under this Rental Agreement; or
has not otherwise performed or complied with any of the terms of this Rental Agreement, in whole or in part.
Upon Termination, Local Trash shall be entitled to pick-up all dumpsters immediately and without notice to Customer.
Limitation of Liability
IN NO EVENT SHALL LOCAL TRASH BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT LOCAL TRASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL LOCAL TRASH’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS RENTAL AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO LOCAL TRASH PURSUANT TO THIS RENTAL AGREEMENT.
THE LIMITATION OF LIABILITY SET FORTH IN SECTION 13(B) ABOVE SHALL NOT APPLY TO (I) LIABILITY RESULTING FROM LOCAL TRASH’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (II) DEATH OR BODILY INJURY RESULTING FROM LOCAL TRASH’S NEGLIGENT ACTS OR OMISSIONS.
CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS LOCAL TRASH AGAINST ALL CLAIMS, DAMAGES, SUITS, PENALTIES, FINES AND LIABILITIES FOR INJURY OR DEATH TO PERSONS OR LOSS OR DAMAGE TO PROPERTY OR TO THE ENVIRONMENT ARISING OUT OF CUSTOMER’S USE, OPERATION, OR POSSESSION OF ANY LOCAL TRASH DUMPSTER, AND ANY BREACH OF THIS RENTAL AGREEMENT OR WARRANTIES CONTAINED HEREIN.
No waiver by Local Trash of any of the provisions of this Rental Agreement is effective unless explicitly set forth in writing and signed by Local Trash. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Rental Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Local Trash shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Rental Agreement, for any failure or delay in fulfilling or performing any term of this Rental Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Local Trash including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of fourteen (14) days, Customer shall be entitled to give notice in writing to Local Trash to terminate this Rental Agreement.
Relationship of the Parties
The relationship between the parties is that of independent contractors. Nothing contained in this Rental Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
All matters arising out of or relating to this Rental Agreement are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
Submission to Jurisdiction
Any legal suit, action or proceeding arising out of or relating to this Rental Agreement shall be instituted in the courts of the State of Texas in each case located in the City of San Marcos and County of Hays, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth in the Order Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Rental Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section
If any term or provision of this Rental Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Rental Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Rental Agreement.
Amendment and Modification
This Rental Agreement may only be amended or modified in a writing which specifically states that it amends this Rental Agreement and is signed by an authorized representative of each party.