Rental Terms & Conditions
DUMPSTER RENTAL TERMS AND CONDITIONS
Dumpster Rental Enterprises LLC, a California, U.S.A. Limited Liability Corporation, including its affiliates and subsidiaries (“Company”), agrees to rent certain dumpster equipment (“Equipment”) to customer (“Customer”) on the basis of the Order Invoice and the terms and conditions as set forth herein (the “Terms and Conditions”). The following terms and conditions shall apply to and govern both commercial and residential rentals.
1. Acceptance; Contract Formation
This transaction, including Company’s rental of Equipment to Customer, is expressly limited to and made conditional upon Customer’s assent to and acceptance of these Terms and Conditions and the terms set forth in the Order Invoice. The Order Invoice and these Terms and Conditions constitute the entire agreement between Company and Customer. Terms defined in the Order Invoice shall have the same meaning in these Terms and Conditions. Any of Customer’s proposed terms contained in any request for quotation, purchase order, release, acknowledgement or any other Customer document which are in addition to or different from the terms contained herein are hereby specifically objected to, rejected and excluded, and shall be of no force or effect.
2. Delivery and Pick Up of Equipment
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 on the delivery date or within the Delivery Window, as set forth on the Order Invoice. Company’s failure to deliver the Equipment within the Delivery Window will not constitute a breach of this agreement, and 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. Company reserves the right to remove Equipment for any reason or no reason. 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 Company, which may be withheld within the sole discretion of Company. Should the Customer move the Equipment from where it was originally placed by the Company without Company’s consent, the Customer shall be fully responsible for any and all damages caused to the Equipment, as determined solely by the Company. In addition to any damages incurred, the Customer agrees to pay a Relocation Fee of at least $350.00 to cover the costs associated with moving the Equipment back to its original location. This fee represents the minimum relocation fee, and the actual fee may vary based on the specific circumstances and costs incurred by the Company. The Company reserves the right to adjust the Relocation Fee to accurately reflect any additional charges, fees, fines, penalties, costs, and/or expenses related to the relocation process.
In the event that Company attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond Company’s control, including, but not limited to, overloaded Equipment (the contents of the Equipment must not exceed the top or sides), 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 referred to as “Dry Run”), then Company shall be entitled to a trip fee (the “Trip Fee”). The standard Trip Fee is $250.00; however, if Company incurs additional charges, fees, fines, penalties costs and/or expenses related to the Dry Run, then Company may increase the Trip Fee 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 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), Company may, within Company’s sole discretion and without prior notice to Customer and without any liability to Customer, pick-up the Equipment. In addition, Company 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. Customer shall ensure that the Equipment is reasonably accessible to Company at all times while the Equipment is in Customer’s possession.
3. Prices and Payment Terms
The price for Customer’s rental of the Equipment (the “Rental Fee”), is set forth on the Order Invoice. Except as otherwise mutually agreed in writing between Customer and Company, Customer shall pay the Rental Fee to Company upon signing this agreement, via credit card payment. Customer hereby expressly authorizes Company to retain Customer’s credit card information and charge Customer’s credit card for the Rental Fee and all other charges to which Company is entitled hereunder, including without limitation any Additional Rental Fees (defined below) in connection with orders of additional Equipment. Customer acknowledges and agrees that such credit card authorization shall remain valid and in full force and effect during the applicable rental period and for a period of time not to exceed 120 days beyond the last day of Customer’s Equipment rental. If, at any time during a rental, Company’s authorization to charge Customer’s credit card is revoked and/or cancelled by Customer or any third-party, then Company, within its sole discretion, may immediately terminate the Equipment rental and pick up the Equipment without notice or liability to Customer, and without prejudice to or waiver of any of Company’s remedies against Customer.
Customer acknowledges and agrees that a working credit card, debit card, or bank account must be on file with the Company in order to schedule a pickup. In the event that a working payment method is not provided or if there are outstanding balances, the Company reserves the right to leave the Equipment onsite, with rental days continuing to accrue, until a working payment method is placed on file and all outstanding balances are paid in full, or to remove the contents of the Equipment and retrieve the Equipment. Customer agrees to indemnify and hold Company harmless from any claims, damages, or liabilities arising from the removal and retrieval of the Equipment and its contents. Customer understands and agrees that any additional costs incurred due to the delay in payment or failure to provide a working payment method shall be the sole responsibility of the Customer.
In addition to the Rental Fee, CUSTOMER IS RESPONSIBLE FOR THE PAYMENT OF ANY OVERAGE FEES, AS SET FORTH ON THE ORDER INVOICE, WITHIN FIVE (5) DAYS OF NOTIFICATION OF OVERAGE. Any amount not paid when due shall bear interest from the due date until paid in full at the rate of $15 or 6% per month, whichever is greater.
The “Dumpster Quantity” as listed on the Order Invoice refers to the quantity of dumpsters in Customer’s initial order. Customer may purchase additional dumpsters or other Equipment (“Additional Equipment”) by mutual agreement of the parties hereto, upon payment of the fee for such Additional Equipment (the “Additional Rental Fee”). The Additional Rental Fee will be subject to the same pricing schedule used to calculate the Rental Fee, including without limitation credit card processing fees, unless mutually agreed otherwise by the parties. For the avoidance of doubt, any order for Additional Equipment will not be effective until Customer’s payment of the Additional Rental Fee. Customer’s rental of Additional Equipment shall otherwise be subject to all of the terms and conditions contained in this agreement.
4. Credit Card Surcharge Fee
Customer acknowledges and agrees that there is a 3% credit card surcharge on all transactions related to our services, including but not limited to the Rental Fee, Weight Overages, Day Overages, Trip Fees, Cancellation Fees, and any other applicable charges. This surcharge is applied when a credit card is used for payment. However, customers have the option to avoid this surcharge by using a debit card or ACH payment method.
By signing these terms and conditions, the customer acknowledges this credit card surcharge and agrees to pay it if they choose to use a credit card for any transactions related to our services.
5. Money Back Guarantee Terms & Conditions
If Company fails to deliver the Equipment on the Requested Delivery Date as set forth on the Order Invoice, Customer can elect to receive a refund equal to or less than to the “Rental Fee” as set forth on the Order Invoice. Requested Delivery Date is defined as the date set forth on the Order Invoice from 12:00 AM to 11:59 PM local time at the Delivery Address. To receive this refund, Customer must email sales@dumpsterenterprises.com saying that they wish to cancel their order and receive a refund. The refund will be provided to the same payment method used for the initial payment. If Customer accepts delivery of the dumpster on another day or at any time, they waive their right to receive a full refund. In the event that Company makes a commercially reasonable effort to deliver Equipment on Customer’s Requested Delivery Date, but is unable to due to any circumstances that create a “Dry Run” as outlined in Section 2, or if delivery is refused, Customer is not eligible to receive a full refund. Company will not be liable to Customer under any circumstances for any other costs, expenses, losses and/or damages incurred by Customer in any manner relating to failure to deliver on the Requested Delivery Date.
6. Cancellation and Cancellation Fees
Any rental order, once placed with and accepted by Company, may not be cancelled by Customer except upon the consent of Company, which may be withheld within the sole discretion of Company. In the event that Company agrees to accept a cancellation after acceptance of Customer’s order, then Company shall be entitled to a cancellation fee (which may be charged to Customer’s credit card) in the amount $50.00 if the cancellation occurs prior to 12:00 p.m. local time the business day before Customer’s scheduled delivery, or a cancellation fee in the amount of $150.00 if the cancellation occurs before 5:00 p.m. local time the business day before the Customer’s scheduled delivery. Company is entitled to a cancellation fee equal to the full amount of the “Rental Fee” listed on the order invoice for any cancellations that occur on the same day as the scheduled delivery, or after.
7. Days Included and Tons Included; Overage Fees
Customer is solely responsible for complying with the Weight Limitation (referred to on the Order Invoice as “Tons Included”), applicable to the rental Equipment, and the Days Limitation (referred to on the Order Invoice as “Days Included”). If Customer fails to comply with the Weight Limitation and/or the Days Limitation, Customer shall pay the applicable Overage Fee(s) as set forth on the Order Invoice and defined below.
Customer acknowledges that: (a) 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); (b) the size and/or volume of the particular item/unit of Equipment is not determinative of the applicable designated weight specification and Weight Limitation for such item/unit of Equipment; (c) local, municipal, city, county and/or state laws, regulations, rules and ordinances also may govern and limit the weight and/or amount of material that can be legally stored in and/or transported in the Equipment and may vary by jurisdiction; and (d) rain, water, snow, ice permitted by Customer to accumulate in the Equipment can increase (and under certain circumstances) exceed the applicable Weight Limitation relating to specific Equipment. Customer acknowledges that Customer is solely and exclusively responsible for strictly complying with the Weight Limitation for Customer’s Equipment, including, but not limited to covering and/or tarping the Equipment in order to prevent rain, water, snow, ice accumulation in the Equipment. Customer hereby 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 of the Equipment. If Customer fails to comply with the applicable Weight Limitation, Customer shall pay any and all 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”). In the event Company incurs any Overload Expenses relating to or in connection with Customer’s failure to comply with the applicable Weight Limitation, 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 shall pay Company an Overage Fee not to exceed the amount of the Tons Overage Fee, as set forth on the Order Invoice, multiplied by the number of tons in excess of the applicable Weight Limitation, as determined within the sole discretion of Company.
In the event Company is unable to pick up the Equipment due to Customer’s failure to make the Equipment reasonably accessible to Company, Customer shall pay Company an Overage Fee not to exceed the amount of the Days Overage Fee, as set forth on the Order Invoice, multiplied by the number of days in excess of the Days Limitation that Customer has possession of the Equipment.
Notwithstanding anything herein, Customer acknowledges and agrees that all Overage Fees assessed by Company against Customer may be charged to Customer’s credit card.
8. Tax Fee
The Rental Fee includes the Tax Fee listed on the Order Invoice. Customer agrees and acknowledges that the Tax Fee is not a tax; it is a fee charged by Company that cannot be waived by Customer. The Tax Fee helps offset any costs incurred by Company in connection with local, state, or federal taxes, or other additional expenses.
9. 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 hereinafter 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. 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.
10. Prohibited Substances
Customer acknowledges that local, municipal, city, county, state and/or federal laws, regulations, rules and ordinances may prohibit the storage of certain items, materials and substances in the Equipment (“Prohibited Substances”). While Prohibited Substances may vary by jurisdiction, they may include, without limitation, tires, batteries, tree stumps, railroad ties, chemically treated lumber, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, water heaters and water tanks, food waste, mattresses, fuels, adhesives, refrigerants, appliances, electronics, 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 Prohibited Substances, and Customer shall 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 and/or transportation of Prohibited Substances in the Equipment.
11. Concrete, Dirt, and Asphalt Dumpsters
Equipment provided for concrete, dirt, and asphalt materials must be loaded exclusively with one (1) single type of material (“clean”), free from any mixture with other materials. In the event that other materials are found in the dumpster designated for concrete, dirt, or asphalt, the load will be considered a “Mixed Load”. Mixed Loads will be subject to the lower weight limit specified for mixed materials, as outlined on the order invoice. Company reserves the right to inspect the contents of the Equipment at any time to ensure compliance with this requirement. Company reserves the right to refuse the scheduled pickup of the Equipment if it is determined that the requirement of loading clean materials has not been followed. Customer acknowledges that any refusal of pickup due to non-compliance with the loading requirements may result in additional costs, fees, or penalties, such as a Trip Fee, for which Customer will be solely responsible. Customer acknowledges that any additional costs, fees, or penalties associated with a Mixed Load, including but not limited to transportation, disposal, and processing fees, will be the sole responsibility of the Customer. Customer agrees to indemnify and hold Company harmless from any claims, damages, or liabilities arising from the presence of other materials in the Equipment provided for concrete, dirt, or asphalt.
12. Information Collection and Use
While using our service, Company may ask Customer to provide certain personally identifiable information that can be used to contact Customer. Personally identifiable information may include, but is not limited to, your email address and phone number (“Personal Information”). Company collects this information for the purpose of providing our services, identifying and communicating with Customer, responding to Customer’s requests/enquiries, and improving Company’s services.
13. Communications
Company may use Customer’s Personal Information to contact Customer with newsletters, marketing, or promotional materials and other information may be of interest to Customer. Customer may opt out of receiving any, or all, of these communications from Company by following the unsubscribe link or instructions provided in any email sent.
14. 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: (a) Overload Expenses; (b) Customer’s failure to obtain and/or maintain any required Permit; (c) Customer’s use or storage of Prohibited Substances in the Equipment; (d) loss or theft of the Equipment; (e) damage and/or destruction of the Equipment while it is in Customer’s possession; (f) personal injury and/or property damage relating to Customer’s use and/or possession of the Equipment; (g) physical damage to streets, roadways, driveways, walkways, pavement, curbs, wells, irrigation systems, septic systems and/or underground utilities caused by the Equipment (h) Customer’s breach of the these Terms and Conditions or the terms of the Order Invoice; and (i) 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.
15. Waiver; Limitation of Liability and Disclaimer of Warranties
EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF COMPANY, 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 IN ACCORDANCE WITH THE ORDER INVOICE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER’S PERSON OR PROPERTY, PAVEMENT, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, LAWN, WELLS, IRRIGATION SYSTEMS, SEPTIC SYTEMS AND/OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER’S PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO CUSTOMER’S PROPERTY FROM LEAKS OR STAINS RELATING TO CUSTOMER’S USE OF THE RENTAL EQUIPMENT. THE RENTAL EQUIPMENT SHALL 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.
16. Governing Law; Severability
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, the Order Invoice, and/or Customer’s possession and use of the Equipment, shall be construed in accordance with and governed by the laws of the State of California, U.S.A., including all matters of construction, validity and performance, without giving effect to the conflict of laws provisions of such State. Any provision hereof which may be prohibited by applicable law shall be ineffective to the extent of such prohibition and without invalidating the remaining provisions hereof.
17. Jurisdiction and Venue
Any action arising from or in connection with the Equipment rental transaction between Company and Customer, including, but not limited to, these Terms and Conditions, the Order Invoice, and/or Customer’s possession and use of the Equipment, shall be submitted to the federal or state courts located in Los Angeles County, and Customer hereby consents to the exclusive jurisdiction and venue of those courts. Should such an action arise, Customer hereby waives any objection or defense based on improper jurisdiction and/or forum non conveniens.
18. Assignment
Neither this rental transaction (including the Order Invoice), nor any part or portion of Customer’s performance hereunder 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.
19. Reservation of Rights
Company expressly reserves all rights and remedies which are available to it at law or in equity
20. Miscellaneous
The headings in these Terms and Conditions are for convenience only and shall not limit or otherwise affect the meaning hereof.
21. Entire Agreement and Modification
Upon Company’s acceptance of the Customer’s order for the rental of the Equipment, these Terms and Conditions and the Order Invoice shall constitute the entire agreement between Customer and Company, and no statement, correspondence, or other terms shall modify or affect the terms hereof or thereof. No change in these terms and conditions will be valid unless approved by Company in writing.
