Economy Dumpster, LLC, agrees to rent certain dumpster equipment (“Equipment”) to customer (“Customer”) on the basis of the terms and conditions as set forth herein. Except as specifically set forth herein, or as otherwise communicated by Economy Dumpster to Customer, the following terms and conditions, including the Rental Documents (as defined herein) shall apply to and govern both commercial and residential rentals.
1. This transaction, including Economy Dumpster’s rental of Equipment to Customer, is expressly limited to and made conditional upon Customer’s acceptance of all the terms and conditions contained herein and as set forth in any related rental document, including, but not limited to any quotation, proposal, acknowledgment and/or invoice (collectively referred to hereinafter as the “Rental Documents”). The terms and conditions stated herein shall apply to and govern all Rental Documents, including any agreement, order and/or rental that may result herefrom, and these terms and conditions, along with the Rental Documents, constitute the entire agreement between Economy Dumpster and Customer. Any of Customer’s 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. Economy Dumpster intakes and processes all Equipment rental orders either via telephone or via our website (the “Website”). Customer acknowledges and agrees that upon Customer’s placement of an order for a rental of Equipment (either via telephone or via the Website), and Economy Dumpster’s acceptance of such order, then a binding and enforceable rental agreement shall exist between Economy Dumpster and Customer with respect to such Equipment based upon these terms and conditions, as well any applicable Rental Documents. All rental orders are accepted with the understanding that each such order is subject to Economy Dumpster’s ability to obtain and furnish the Equipment to Customer.
3. Economy Dumpster will use commercially reasonable efforts to ensure timely delivery and pick up of Equipment; provided that, due to circumstances beyond our 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, we cannot and do not guarantee delivery times or dates. Economy Dumpster 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 Economy Dumpster, which may be withheld within the sole discretion of Economy Dumpster. In the event that Economy Dumpster attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond Economy dumpster’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 items or substances in the Equipment (collectively referred to as “dry run”), then Economy Dumpster shall be entitled to a dry run inconvenience fee. The standard dry run inconvenience fee is $140.00; provided that, if Economy Dumpster incurs additional charges, fees, fines, penalties costs and/or expenses related to the dry run, then Economy Dumpster 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 Economy Dumpster is authorized and entitled to charge to Customer’s credit card the amount of any such dry run inconvenience fee.
4. Prices for Equipment rentals are stated on the Website, as modified from time to time within the sole discretion of Economy Dumpster; provided that applicable prices for each Equipment rental transaction will be confirmed by Economy Dumpster at the time of Customer’s placement of an order for such Equipment. Except as otherwise mutually agreed in writing between Customer and Economy Dumpster, Customer will pay Economy Dumpster monthly throughout the applicable rental term via credit card payment. Customer hereby expressly authorizes Economy Dumpster to retain your credit card information and charge your credit on a monthly basis for rental fees and all other charges to which Economy Dumpster is entitled hereunder. 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 your Equipment rental. If, at any time during a rental term, Economy Dumpster’s authorization to charge your credit card is revoked and/or cancelled by Customer or any third-party, then Economy Dumpster, within its sole discretion, may immediately terminate the Equipment rental and recover the Equipment without notice or liability to Customer, and without prejudice to or waiver of any of Economy Dumpster’s remedies against Customer.
5. Any rental order, once placed with and accepted by Economy Dumpster, may not be cancelled by Customer except upon the consent of Economy Dumpster, which may be withheld within the sole discretion of Economy Dumpster. In the event that Economy Dumpster agrees to accept a cancellation after acceptance of Customer’s order, then Economy Dumpster shall be entitled to a cancellation fee (which may be charged to Customer’s credit card) in the amount $20.00 if the cancellation occurs prior to 3:30 p.m. the business day before your scheduled delivery and a cancellation fee in the amount of $140.00 if the cancellation occurs thereafter.
6. Customer is solely responsible for complying with the weight restrictions applicable to the rental Equipment. 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 govern and limit the weight and/or amount of material that can be legally stored in and/or transported in the Equipment; and (d) rain, water, snow, ice permitted by Customer to accumulate in the Equipment can increase (and under certain circumstances) exceed the applicable weight restriction relating to specific Equipment. Customer acknowledges that Customer is solely and exclusively responsible for complying with such restrictions, including, but not limited to covering and/or tarping the Equipment in order to prevent rain, water, snow, ice accumulation in the Equipment. Customer acknowledges that Economy Dumpster 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 applicable weight restrictions, Economy Dumpster may incur 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 that Economy Dumpster incurs any Overload Expenses relating to or in connection with Customer’s failure to comply with applicable weight restrictions, then, in addition to all other remedies to which Economy Dumpster is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to Economy Dumpster (including Customer’s reimbursement of all such Overload Expenses to Economy Dumpster), Customer will pay Economy Dumpster a fee not to exceed the amount of $120.00 per ton in excess of the applicable weight restriction for the Equipment (“Overload Fee”), as determined within the sole discretion of Economy Dumpster. Customer acknowledges and agrees that all Overload Fees assessed by Economy Dumpster against Customer may be charged to Customer’s credit card.
7. 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 Economy Dumpster that Customer is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment.
8. Customer acknowledges that local, municipal, city, county, state and/or federal laws, regulations, rules and ordinances prohibit the storage of certain items, materials and substances in the Equipment (“Prohibited Substances”). Prohibited Substances include, without limitation, tires, batteries, tree stumps, railroad ties, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, food waste, fuels, adhesives, refrigerants 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 Prohibiting 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.
9. Customer agrees to indemnify, defend and hold harmless Economy Dumpster, 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”) ever suffered by, imposed on or incurred by, Economy Dumpster: (a) arising from Customer’s failure to abide by these terms and conditions herein and any of the terms and conditions of the Rental Documents as they relate to items including but not limited to: Overload Expenses, Permits, and Prohibited Substances; (b) arising from loss, theft, damage or destruction of the Equipment during the applicable rental term; (c) by reason of any third party claim or proceeding arising out of or related to these terms and conditions, the Rental Documents or the transaction contemplated hereby, including but not limited to personal injury and/or property damage relating to Customer’s use and/or possession of the Equipment; physical damage to streets, roadways and/or driveways caused by the Equipment.
10. EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF ECONOMY DUMPSTER AS DETERMINED BY A FINAL, NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST ECONOMY DUMPSTER RELATING TO OR ARISING FROM CUSTOMER’S RENTAL OF THE EQUIPMENT AND/OR ECONOMY DUMPSTER’S PERFORMANCE UNDER THE RENTAL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER’S PROPERTY, PAVEMENT, CURBING DRIVEWAYS, WALKWAYS, LANDSCAPING AND/OR LAWN RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER’S PROPERTY. THE RENTAL EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND ECONOMY DUMPSTER 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 YOUR REQUIREMENTS.
11. Any and all disputes arising from or in connection with the Equipment rental transaction between Economy Dumpster and Customer, including but not limited to, these terms and conditions, the Rental Documents and/or Customer’s possession and use of the Equipment, shall be construed in accordance with and governed by the laws of Kentucky including all matters of construction, validity and performance, without giving effect to the conflict of laws provisions of such State and that the sole proper venue for the determination of any litigation commenced by Economy Dumpster against Customer or by Customer against Economy Dumpster on any basis shall be in a court of competent jurisdiction which is located in Jefferson County, Kentucky. 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.
12. Neither this rental transaction (including the Rental Documents), nor any part or portion of Customer’s performance hereunder is assignable by Customer in whole or part without the prior written consent of Economy Dumpster, which may be withheld within the sole discretion of Economy Dumpster.
13. Economy Dumpster expressly reserves all rights and remedies which are available to it at law or in equity.
14. Upon Economy Dumpster’s acceptance of the Customer’s order for the rental of the Equipment, the
terms and conditions set forth herein and as set forth in the Rental Documents (including, but not limited to all requirements as set forth in Economy Dumpster’s Website), shall constitute the entire agreement between Customer and Economy Dumpster, 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 Economy Dumpster in writing.