This DUMPSTER USE AND SERVICE AGREEMENT (“Agreement”) is entered into by and between Flipstargroup, LLC. dba Abetterdumpsters.com (“Service Provider”) and its customer (“Customer”). The Service Provider and Customer may be referred to herein individually as a “Party,” and collectively as the “Parties.”
By using Service Provider’s website and/or placing an order with Service Provider, Customer agrees to be bound by this Agreement. The Parties agree that the following terms and conditions shall govern all dumpster orders, deliveries, services, and payments, along with all matters arising out of or relating thereto:
Terms & Conditions:
1. Scope of Services.Subject to the terms and conditions of this Agreement, in consideration of the compensation to be paid by Customer, Service Provider will provide containers(s) to be used for non-hazardous waste removal (“Dumpster”) in the size(s), type(s), and quantity(ies) ordered by Customer. Customer shall be responsible for ordering the Dumpster(s) of the correct and appropriate size(s), type(s), and quantity(ies), and shall be liable for any losses, or additional charges or costs arising in connection with any errors or failure to do so. All Dumpster(s) shall remain the property of the Service Provider, but Customer shall have duty of custody, control, and care of the Dumpster and shall be liable for any and all loss or damage to the Dumpster and for its contents.
2. Location of Services.The Services shall be performed at the location(s) provided by the Customer (the “Premises”). Customer shall be responsible for providing the street address and any further details or instructions in reasonably sufficient detail to facilitate the convenient and accurate delivery of Dumpster(s), and shall be liable for any losses, or additional charges or costs arising in connection with any errors or failure to do so.
3. Schedule of Services. The Service Provider will deliver the Dumpster(s) to the Premises and pick up the Dumpster according to the schedule stated in the order placed by Customer and accepted by Service Provider.
Delivery and Pick-up of Dumpster shall only be performed between the hours of 07:00 A.M and P.M. and 4:00 P.M. (hereinafter “Delivery Hours”) unless otherwise agreed. Customer agrees to provide unobstructed access upon delivery and pick-up of Dumpster. Service Provider will charge a $175 fee for each unsuccessful Dumpster delivery or pick-up attempt.
Services shall not be performed on the following holidays unless special arrangements are made in advance and an additional fee is paid: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day.
An order may be changed or canceled by calling Service Provider’s office during normal business hours (Monday – Friday 7:00 am– 5 pm, Eastern Time) excluding holidays. Changes or cancelations made to the order after Dumpster has been dispatched may result in additional fees.
4. Compensation, Charges, and Fees.For performance of the Services, Customer shall pay Service Provider in accordance with service provider’s established pricing for the services provided and any fees quoted to the customer at the time the order is placed. Additional fees may be charged to the customer due to overweighting a container, placing prohibited items in a container or otherwise violating any customer obligation under this agreement.
5. a) Containers (price quoted includes):
All prices include delivery and termination.
10-Yard Dumpster. Weight limit 2 tons. Includes up to 7 days + $10 per day after 8 days and $85 per additional ton prorated to the pound in excess of 2 tons. $405
17-Yard Dumpster. Weight limit 3 tons. Includes up to 7 days + $10 per day after 8 days and $85 per additional ton prorated to the pound in excess of 4 tons. $485
There is an $85 fee prorated to the pound applied for each additional ton over the included weight. Trucks are weighed before entering and after emptying load at the landfill. Exact weight tickets are available and can be provided upon request. NO LOAD MAY EXCEED 4 TONS OR 8,000 POUNDS
Mattresses, sofas, and furniture can be put in Dumpster for extra charge per item $ 50.00
Charge for each unsuccessful Delivery or Pick-up $ 175.00
Charge for moving one (1) Dumpster within the Premises $ 175.00
Propane tanks $50
Tires $50
Appliances $50
Charge for additional labor due to overfilling or other breach $150 per hour
Charge for damage to or loss of Dumpster Cost to Repair or Replace
5. Additional Costs.To the extent Service Provider arranges or provides or obtains additional equipment and/or supplies, Customer shall be responsible for reimbursing Service Provider for the cost of such equipment or supplies, in addition to any other fees or charges.
6. Payment.Payment from Customer for Dumpster use and services shall be due on or before delivery of services. Payment for any additional charges, costs, or amounts due from Customer shall be due upon demand by Service Provider. If any payment is not paid within three (3) days of when due, Customer shall be liable for a late charge equal to five percent (5%) of the amount due. Any amount that remains unpaid thirty (30) days after it was due shall accrue interest at the rate of one percent (1%) per month until paid. Customer shall be responsible for and shall pay to Service Provider any and all collection costs (including reasonable attorneys’ fees and court costs) incurred by Service Provider to collect any amount due under this Agreement. Payments shall be applied to collection costs firsts, then to late charges, then to accrued interest, and then to unpaid principal amounts.
7. Credit Card Authorization. Customer authorizes Service Provider to charge Customer’s credit card (as provided by Customer) for all fees, charges, and any other amounts due under this Agreement. Customer authorizes Service Provider to do pre-authorization(s) on Customer’s credit card upon placing an order or thereafter in an amount sufficient to over the anticipated total fees and charges for the order. Customer shall update Service Provider or its merchant services provider with any changes in credit card information.
8. Condition of the Premises.Customer agrees to secure necessary permits, if required, for use of Dumpster on the Premises. Customer agrees to keep the Premises in a safe condition and in conformance with all applicable Federal, state and local laws, ordinances and regulations. Service provider will not be responsible for any and all damages arising from placement of Dumpster including but not limited to damage to pavement, driveway, curbs, sidewalks, lawn or landscaping, trees or plants, sprinkler systems, or turf, equipment, machinery, motorized vehicles located on, near, underneath or within path of delivery or pick-up of the Dumpster. Customer may not move the Dumpster once it has been delivered without prior approval from the Service Provider. Only the Service Provider may move the Dumpster at a fee of $175 per move during Delivery Hours at a date and time agreed upon by both parties.
9. Prohibited Items.The following items are prohibited from being placed in Rental Equipment (hereinafter “Prohibited Items”):
Paint
Chemicals
Solvents of any kind
Oil and antifreeze
Fuels
Fires, Smouldering Materials, or ashes
Herbicides and Pesticides
Asbestos
Radioactive Fla mmable or Ignitable
Explosives
Bio-medical waste
Liquid Wastes
Freon
Car batteries or other batteries
Cell phones, computers, or electronics
Aerosol Cans
Live or Dead Animals
Toxic or Hazardous Material (as defined by RCRA in 40 CFR 261)
10. Customer’s Responsibilities.Customer shall not place any Prohibited Items in the Dumpster. Customer shall not overload, move or alter the equipment or allow a third party to do so, and shall use it only for its intended purpose. The Customer shall not allow the contents of the Dumpster to extend above the height dimension, hang over the sides or extend beyond the walls of the Dumpster. The total weight of the contents in the Dumpster (hereinafter “Waste Materials”) shall not exceed the weight limits listed in paragraph 4.a above, and/or other federal, local, state, or DOT limitations. Customer shall be liable for any fines, charges, penalties, or costs due to exceeding such weight limits. Customer shall return the equipment to Company in the condition in which it was provided, and Customer shall be liable for any damage to or loss of a Dumpster. The Service Provider may suspend services in the event Customer violates any term or provision of this Agreement. Customer represents and warrants that Customer’s property is legally permitted and sufficient to accommodate the size, shape, appearance, and weight of the Dumpster and/or accompanying vehicles and that Service Provider shall not be responsible for any damage to the Customer’s property, the Premises, or to any bodily injury or property damage to third parties resulting from the Dumpster or related to Service Provider’s services under this Agreement.
11. Indemnification and Release. Customer agrees to defend, indemnify, and hold harmless Service Provider from (and otherwise compensate or reimburse Service Provider for) any and all expenses, damages, penalties, fines and liabilities resulting from or arising out of the failure to properly prepare Premises for delivery or pick-up of the Dumpster, failure to properly maintain and control the use of the Dumpster, failure to exclude Prohibited Items from being deposited in the Dumpster, or any other failure of the Customer to comply fully with any other obligation, term, or provision of this Agreement or with any applicable law, regulation, or governmental order. To the maximum extent permitted by law, Customer hereby releases Service Provider and agrees to defend, indemnify, and hold harmless Service Provider from any and all claims of Customer or any of its employees, agents, subcontractors, licensees, invitees, or guests, or any other party, arising out of or in connection with the Premises or the Dumpster and services ordered by Customer, except to the extent caused by the gross negligence or intentional misconduct of Service Provider.
12. Warranty Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, SERVICE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY DUMPSTER OR SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES REGARDING OWNERSHIP, MERCHANTABILITY, SUITABILITY, OR FITNESS FOR ANY PURPOSE.
13. Limitation of Liability. If Service Provider or any of its affiliates, or any of their respective officers, directors, employees, agents, subcontractors, or shareholders, is ever liable to Customer for one or more breaches, disputes, controversies or claims arising in connection with or relating to this Agreement or any Dumpster ordered by Customer (whether any such breach, dispute, controversy or claim is based upon contract, tort, statute, equity or any other legal theory), except for claims for personal injury arising out of Service Provider’s intentional misconduct or gross negligence, then: (a) the cumulative amount of all damages and penalties, if any, recoverable by Customer for all such breaches, disputes, controversies and claims will not exceed, in the aggregate, an amount equal to the total amount of the fees paid by Customer to Service Provider for the order to which it relates; (b) recovery of such amount as limited hereby will be Customer’s sole and exclusive remedy; and (c) Customer releases Service Provider, its affiliates, and their respective officers, directors, employees, agents, subcontractors, and shareholders, from any and all liability in excess of such amount. IN NO EVENT WILL SERVICE PROVIDER OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, OR SUBCONTRACTORS, BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR (a) ANY SPECIAL, INDIRECT, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF ANTICIPATED PROFITS OR BUSINESS, EVEN IF SERVICE PROVIDER OR SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMGAES, (b) PUNITIVE OR EXEMPLARY DAMAGES, OR (c) DAMAGES THAT COULD HAVE BEEN AVOIDED, USING REASONABLE DILIGENCE, BY CUSTOMER OR SUCH OTHER PERSON.
14. Miscellaneous.
15. Governing Law; Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Ohio, without regard to its conflicts of laws principles. Any dispute or proceeding arising out of or in connection with this Agreement shall be filed and litigated in the state courts in and for Highland County, Ohio. The Parties agree and stipulate that such courts shall have jurisdiction over them and any such action.
16. Waivers. No course of dealing between the Parties, nor any failure to exercise, nor any delay in exercising, by either Party, any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
17. Severability. The provisions of this Agreement are severable. If any clause or provision hereof shall be held invalid or unenforceable in whole or in part in any jurisdiction, then such invalidity or unenforceability shall affect only such clause or provision or part thereof in such jurisdiction and shall not in any manner affect such clause or provision in any other jurisdiction or any other clause or provision in this Agreement in any jurisdiction.
19. Entire Agreement; Modifications. This Agreement, together with the order(s) placed by Customer, contains the full and entire agreement between the Parties hereto with respect to the subject matter hereof, supersedes and replaces any and all prior discussions, understandings, memoranda, and agreements between them, and may not be modified except in a writing signed by all Parties hereto, and neither Party nor its agents shall be bound by any terms, conditions, statements, warranties or representations, oral or written, not contained in this Agreement or an order placed by Customer.
I have reviewed, understood, and agree to the Terms & Conditions
I have reviewed, understood, and agree to the Terms & Conditions
I have received and accept the Price Quote provided by Flipstar Group, LLC. dba Abetterdumpsters.com for the dumpster services I requested. I understand and agree that additional charges may be due in accordance with the Terms & Conditions.
I agree to enter into this agreement with Flipstar Group, LLC. dba Abetterdumpsters.com electronically. I acknowledge that my typing in the signature box below shall constitute a legally binding electronic signature. I hereby acknowledge, accept, and agree to the Dumpster Use and Service Agreement.
