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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Company expressly reserves all rights and remedies which are available to it at law or in equity
The headings in these Terms and Conditions are for convenience only and shall not limit or otherwise affect the meaning hereof.
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.
