State of California
DUMPSTER RENTAL SERVICES AGREEMENT
Address:
Phone:
Email:
Thankyou for renting a dumpster from [Company Name]. Please read AND
acknowledge the following terms and conditions. This will permit the rental process
to run as smooth and efficient as possible for both parties.
Rental Terms and Conditions
THIS DUMPSTER RENTAL SERVICES AGREEMENT (hereinafter “the Agreement”) is
made and entered into this day of _________________[Date],
_________________[Month], ________________[Year].
BETWEEN;
1. _________________ [CUSTOMER’S NAME] having a primary address at the
following: _________________ [Address]
(hereinafter “the Customer”) of the first part;
AND
2. ________________ [COMPANY’S NAME] having a primary address at the following:
_________________[Address]
(hereinafter “the Company”) of the second part.
The Customer and the Company may be referred to individually as “Party” and
collectively as “the Parties”.
By accepting the dumpster/ dump trailer delivery, the Customer accepts
and agrees with the Company’s terms and conditions.
1. DELIVERY AND USE
The Customer certifies that it is either the property owner, has power of attorney for
the property owner, or is the licensed contractor/broker for the property. The
Customer may not sublet the dumpster for any reason.
A. Possession and Care of Dumpster:
Upon delivery of Dumpster to the Customer, the Dumpster shall be deemed to be in
the sole possession and control of the Customer. The Customer shall have the duty to
maintain and shall be solely responsible for the safety and cleanliness of the
Dumpster until the Dumpster is picked up by the Company. The Customer shall be
responsible for all loss or damage to dumpster, other than normal wear and tear. The
Customer shall not move, overload, or make any alterations to dumpster.
B. Price
The Customer agrees to rent a dumpster from the Company according to the prices
and fees set forth at the time of rental. The rental period begins the day the
dumpster is dropped off, unless otherwise granted by the Company.
C. Waste Materials
The Customer warrants that the waste materials delivered to the Company hereunder
will not contain any hazardous, toxic, or radioactive wastes or substances as defined
by applicable federal, state, or local provincial laws. The Company does not take
ownership of the contents, but acts as the hauler to move contents from Customer’s
property to the designated disposal facility.
D. Placement of Dumpster.
The Customer warrants and represents that any location provided by the Customer for
the dumpster is sufficient to bear the weight and size of the dumpster and any vehicle
required to transport the dumpster. Company shall not be responsible for any damage
to pavement or any other road surface material, lawns, fences, shrubbery, septic
system, private well, or any other form of property damage.
E. Duration
The Dumpster will be delivered and picked up on the agreed time and dates. If the
rental term needs to be extended, Customer must provide a minimum of 24-hours’
notice. Credit will not be issued if rental duration is shorter than agreed upon. If
rental duration needs to be extended, Customer will be billed at a rate of $
[AMOUNT] /day.
F. Company Accessibility
On scheduled day of pickup, it is the Customer’s responsibility to make sure the driver
has full access to the dumpster. If the driver is unable to pick-up the dumpster for
any reason other than their own, there will be an additional $[AMOUNT] trip charge
billed to the Customer’s account.
G. Weight Limit
The Customer agrees to restrict tonnage to 1.5 tons (3000 pounds). If Customer
exceeds the relevant tonnage limit, the Customer hereby agrees to pay an additional
fee of [$AMOUNT] per ton for each ton in excess of the limit for that dumpster. If the
driver is unable to pick-up the dumpster for any reason other than their own, there
will be an additional [$AMOUNT] trip charge billed to the Customer’s account.
H. Dumpster Overfill
Materials placed in Dumpster must be secured in a manner that they do not risk
falling out (over the sides or front of Dumpster) during transit. Driver must be able to
tarp the dumpster in order to safely transport the waste.
2. CONTENT REGULATIONS
A. The Customer is fully responsible for the entire contents of the Dumpster and is the
rightful owner of the Dumpster’s contents until the Dumpster is dumped and the
contents accepted by the prospective disposal facility.
B. Hazardous and Unacceptable Material Prohibited
The 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 Dumpster (hereinafter “Prohibited Substances”).
Prohibited Substances include, without limitation, tires, batteries, railroad ties,
chemically treated lumber, paints and lacquers, oils, asbestos, infectious waste,
contaminated soils and absorbents, inks and resins, fuels, adhesives, refrigerants,
medical waste and other toxic and/or hazardous materials and substances. The
Customer acknowledges and agrees that Customer is solely and exclusively responsible
for complying with all applicable laws relating to Prohibiting Substances, and the
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 Dumpster.
Non-exclusive list of certain Prohibited Substances
● Toxic – Toxic materials are either poisonous or cause long-term illnesses, like
cancer. Pesticides, paint thinners, cleaners and automotive supplies are some
examples of potentially toxic materials. Look for warnings like “Harmful”, “Fatal if
swallowed” or “Use only in a well-ventilated area.”
● Flammable – These materials burn easily. Paint thinners and other solvents, as well
as many automotive products are often flammable. Look for warnings on the label
like “Do not use near heat or flame”, “Combustible”, etc.
● Corrosive – Corrosive products eat through materials (acid, for example). Examples
include oven cleaners, drain cleaners, toilet bowl cleaners and auto batteries. Look
for warnings like “Causes severe burns on contact,” “Can burn eyes, skin, throat,
etc.”
● Reactive – These are products that can explode (when exposed to heat, air, water
or shock). There are few consumer products still on the market that are explosive,
but some older explosive products may still be stored in some homes.
C. Heavy Material
The Customer acknowledges that Concrete is not permitted in the Company’s
dumpsters. Heavy materials such as rock, dirt, tree brush, and roofing shingles are
acceptable. However, please make the Company aware of what needs to be disposed
of to prevent overloading. This can lead to additional disposal fees.
D. Required for Pickup
The Debris may NOT extend above the top rim of the dumpster. The tarp MUST be
able to roll completely over the top WITHOUT OBSTRUCTION. The end doors MUST be
CLOSED and secured before it can be removed. Overfilled or unprepared Dumpsters
will be brought into compliance at the Customer’s expense.
E. Consequences of Violating Regulations
In the event that contents that are not allowed by this Agreement or any Federal,
State, or City agency are disposed of, all costs, fines, penalties, or other actions
taken for said disposal, the Customer is fully responsible for any and all associated
charges. Costs may include but not be limited to cleanup, monitoring, legal fees,
penalties, or any other charges associated with unauthorized material disposal.
Materials may be returned to the customer at the customer’s expense.
3. TERM.
The term of this Agreement shall begin upon delivery of the Dumpster/ dump trailer
and shall expire automatically at the time the dumpster is picked up. The Rental
Services shall be in a 24-hour increment from drop off to pick up. The time of delivery
and pick up is not guaranteed and may arrive at any time on the designated delivery
date unless there is a designated drop off time. Unless terminated sooner pursuant to
terms and conditions set forth herein. If the Customer is not in default at the
expiration of the lease term, Customer may renew the term of this Agreement for a
similar period, but only upon such terms and provisions as the parties agree to at the
time of such renewal.
4. RENT AND SERVICE CHARGES.
The Customer shall pay to the Company rent payment for the dumpster in the amount
according to the lease term before the date of delivery and service charges for
disposing the Waste Material in the amount of foregoing. The Company may increase
the rent and service charges by giving Customer a forty-eight (48) hours’ written
notice based on increased costs to the Company for landfill dumping charges,
increased government fees and/or taxes, or other disposal costs incurred
by Company. Unless otherwise agreed to by the parties in writing, service charges if
applicable shall be charged after the pick-up of the Dumpster.
5. LATE FEE AND OTHER CHARGES.
If Customer fails to pay the rental fee before the delivery date, the dumpster will not
be delivered. If the Company fails to deliver or collect the dumpster due to any fault
of Customer, Customer shall pay Company additional service charge in the amount of
[AMOUNT] for any failed delivery or collection attempts. If Customer loads the
dumpster in excess of the limits provided under Section 1 above, Customer shall
pay the Company an additional service charge in amount [AMOUNT] for the disposal
of such excess waste. If Company is unable to pick up dumpster due to excess loading
Customer shall pay Company additional service charge in the amount of [AMOUNT]
per day until Company can safely retrieve the dumpster.
6. THE DUMPSTER.
Prior to delivery and prior to collection by the Company, Customer shall ensure that
the area around the Dumpster drop-off location is clear up to Twenty (20) feet in
each direction. Upon delivery, The Dumpster shall be used by Customer only for the
disposal of Waste Material. Customer shall not make any alterations to the
Dumpster. Customer is not allowed to move the Dumpster for any reason without
written consent from Company.
7. REMEDIES
In addition to any other rights afforded to Company by law or at equity, if Customer is
in default under this Lease, without notice to or demand upon Customer, Company
may terminate this Agreement, take possession of the Dumpster in accordance with
applicable law, and hold Customer responsible for the costs of recovery (including
attorney’s fees and legal costs) and any other related costs. The rights and remedies
of the Company provided by law, at equity, and under this Agreement shall be
cumulative in nature, the Company shall release the Dumpster or otherwise mitigate
the damages from any default hereunder only to the extent required by law.
8. TERMINATION.
The Agreement may be terminated by either party for any reason upon One Day (1)
advance written notice. Upon termination of this Agreement for any reason, Company
shall promptly collect the Dumpster and send the Customer an invoice for the
outstanding rent and service charges due. Customer shall pay to Company the
invoiced amount within two (2) calendar days from the date of Customer’s receipt of
such invoice.
The Company may terminate this Agreement if the Costumer has not paid the rental
payment by the delivery date, the Customer’s misuse of the dump trailer, the
Customer giving “an” unsuitable drop off location, unsafe handling of the rented
dumpster, unauthorized movement of dump trailer by Customer, the Customer using
the dumpster for illegal purposes and Customer’s disposal of unauthorized hazardous
materials and products.
9. LOSS OR DAMAGE.
Customer assumes all risks of loss or damage, from any cause, to the Dumpster
in Customer’s possession. If the Dumpster is lost or damaged, the Company may, at its
sole discretion, require Customer to replace the Dumpster with like dumpster in good
repair, which replacement dumpster shall automatically become the property
of Company and subject to this Agreement, or (ii) repair the Dumpster to the state it
was in prior to any damage.
10. INJURY AND INDEMNIFICATION
Customer shall indemnify and hold Company, its owners, shareholders, directors,
officers, employees, agents, successors, and assigns harmless from and against all
liabilities including, but not limited to, liability for injury, disability, and death of any
persons and for damage to any property caused by the delivery or collection of the
Dumpster.
Further, Customer shall indemnify, defend and hold harmless Company, its owners,
shareholders, directors, officers, employees, agents, successors, and assigns, from
and against any and all damage claim, liability or loss, including reasonable attorneys’
and other fees, arising out of or in any way connected to Customer’s disposal of items
non-Waste Material and Hazardous Substances in the Dumpster. Such duty of
indemnification shall include damages, liability, or loss pursuant to all federal, state
and local environment laws, rules and ordinances.
11. DISPUTE RESOLUTION
In a case that the Parties cannot amicably resolve a dispute from this Agreement, the
Parties agree to resolve any such dispute or damage claim by mediation. The
mediation proceeding shall be conducted in California, in accordance with the rules of
the American Arbitration Association then in effect with one (1) Mediator to be
selected by mutual agreement of the Parties.
12. WAIVER
A waiver of any claim, demand or right based on the breach of any provision of this
Agreement shall not be construed as a waiver of any other claim, demand or right
based on a subsequent breach of the same or any other provision.
13. GOVERNING LAW
This Agreement and all matters and issues collateral thereto shall be construed
according to the laws of the State of California, not including its conflicts of law
provisions.
14. SEVERABILITY.
If any provision of this Agreement is held to be invalid or unenforceable in whole or in
part, the remaining provisions shall not be affected and shall continue to be valid and
enforceable as though the invalid or unenforceable parts had not been included in this
Agreement.
15. ENTIRE AGREEMENT/AMENDMENTS
This Agreement represents the complete agreement between the parties. As such,
any changes or modifications to the contract can only be made by a mutual
agreement of the parties in writing.
IN WITNESS whereof the parties hereto have executed this Agreement the day
and year herein above written.
SIGNED by the parties: )
……………………………. ) _________________
([CUSTOMER NAME]- CUSTOMER) ) Signature
)
)
AND )
………………………………..
([COMPANY NAME]– COMPANY) )_________________
) Signature
)
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