Deloury Dumpster Rental Standard Terms And Conditions
UNACCEPTABLE MATERIALS:
A. Hazardous waste, dirt, industrial waste, chemical products, oil filters, herbicides & Pesticides, radioactive material, solvents, paint (except completely dried latex paint cans, no liquids), other flammable liquids, aerosol cans, propane tanks, motor oil, transmission oil/lubricating/hydraulic oil/ oil filters, contaminated oils (mixed with solvents, gasoline, etc.), antifreeze, appliances, refrigerants, petroleum-contaminated soil/lead paint chips, tires, batteries, computers, monitors, televisions, microwaves, fluorescent tubes, railroad ties, medical waste, asbestos, animals, barrels, all liquids, chain link fences. If load consist of full stock material that is not considered construction and demo subject to additional charge. If load is frozen and needs scraping at transfer stations subject to additional charge. NO HOUSEHOLD TRASH.
*NO concrete or brick unless separated in its own 10 yard or 15 yard container!
B. Extra charge will apply by tonnage rates if material other than asphalt, brick, or concrete is in ABC can along with a minimum of $500.00 additional charge, No painted concrete, and no painted brick.
DELIVERY TERMS:
Shipment of a container to the customer will be made following the receipt of a signed order from the customer or congruent with the receipt of signature at the delivery point. No container will be left without a signed order acknowledging the request for service from Deloury Dumpster Rental. Customer will be provided with a time of arrival and will be called one hour before delivery so that they may have someone there to receive the container.
Customer must call to schedule a pick-up. Do not load over top of container.
Deloury Dumpster Rental does not guarantee specific delivery or removal times. Deliveries and removals can be late in the day or early in the morning. If you require an early morning arrival or late afternoon removal, be sure to schedule your delivery for the day prior and the removal for the day after completion of your project. Otherwise, you will incur a $200 trip charge for turning away the driver.
Customer warrants that any access / location provided for the equipment is sufficient to bear the weight of all equipment and vehicle required to perform the service and that Customer has the right to place the equipment in such location. Neither Deloury Dumpster Rental or its employees are responsible for any damage caused by the container or truck and will not be held responsible for any damage to the driveways, curbs, walkways, lawns, shrubbery, wells, parking lots and septic systems.
Attempted service or delivery to an address other than that specified above will incur additional fees. Customer agrees to provide unobstructed access to the container. If the container is inaccessible and services cannot be made as requested by customer, additional fees will be the responsibility of the customer.
Customer agrees to pay a $30.00 service fee on all returned or stopped payment checks. If this account is placed in collection, Customer agrees to pay all costs for collection, including attorney fees and court costs. Customer agrees to pay all additional charges relating to unit(s) leased at the rates specified, within 30 days of date of invoice. In addition, Customer agrees to pay any taxes or fees related to the equipment or its use. Interest will be charged on past due balances, or any other amounts owed by Customer under this Agreement at the rate of 1 ½% per month.
PERIOD OF AGREEMENT:
This Agreement will commence on the day that the container is delivered by Deloury Dumpster Rental and terminate on the day that it is picked up by Deloury Dumpster Rental. Minimum rental period included in the base rate is 2 weeks. There will be a rental fee of $25.00 per week after two weeks. No prorating of weeks.
OVERWEIGHTS:
There will be a fee of $145.00 per ton for each ton over the weight limit. Customer is responsible for overweight loads; weights will be rounded up to the nearest half ton. The Customer is responsible for the proper loading of the container as the overweight loading of the container can cause damage to the asphalt or any other property the container is resting on. Overloading the weight of the container or beyond the top of the container can cause a weight imbalance during transport that is dangerous and could result in a rollover or a traffic ticket. Customer will be responsible for any fines incurred as the result of overloading.
CONTAINER DAMAGE WHILE ON RENT:
If the container is received by the Customer in working order and is later damaged during the rental period, the equipment rent will continue without discount and will not terminate until the day that it is received back at Deloury Dumpster Rental. Deloury Dumpster Rental will then determine the cost to repair the container and provide the Customer with an estimate for the repair. Customer will be responsible for the cost of any such repair.
DAMAGE TO STRUCTURES OTHER THAN CONTAINER:
Deloury Dumpster Rental is not responsible for damage caused by the container to concrete, asphalt, or any other structure, except to the extent caused by the gross negligence of Deloury Dumpster Rental or its employees.
DEFAULT:
Should the Customer fail to return the container, Customer grants Deloury Dumpster Rental the right to enter upon the premises where the container may be, without notice, and take possession of and remove it at the Customer’s expense, all without legal process. Customer hereby waives any claims for damages from and agrees to hold Deloury Dumpster Rental harmless from any third-party claims arising out of, any such entry, taking, or removal.
In the event of a voluntary or involuntary petition for bankruptcy or receivership filed by or against the Customer, the Agreement shall be terminated on the filing date, and the equipment shall be returned to Deloury Dumpster Rental, and all unpaid rents shall be paid by Customer.
The customers signature on this Agreement will constitute both their corporate and personal guarantee to Deloury Dumpster Rental that its invoices will be paid.
LOSS OF EQUIPMENT:
In the event the container is stolen or damaged beyond repair, Customer is responsible for the full purchase cost of equivalent new equipment.
CARE OF EQUIPMENT:
Customer agrees to provide proper care of container and to return the container in good working condition at end of the rental period. Customer shall not perform any modifications, alterations, or change to the container without prior written consent of Deloury Dumpster Rental. Any unauthorized modification will be removed, and equipment will be corrected to original status, at Customers expense.
INDEMNITY:
Customer agrees to (a) indemnify and hold harmless Deloury Dumpster Rental and its shareholders, directors, officers, and employees for any claims relating to damages to property or persons arising from Customer’s use or misuse of the rented container, except to the extent caused by the gross negligence of Deloury Dumpster Rental or its employees and (b) comply with all laws, regulations, and ordinances, present and future, relating to the operation, and use of the container.
FORCE MAJEUR:
Deloury Dumpster Rental is not responsible for delays in performance of delivery or pickup of the container beyond its reasonable control including but not limited to strikes, lockouts, etc., and will charge rental fees during such delays.
DISCLAIMERS AND LIMITATIONS:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EQUIPMENT IS PROVIDED AS IS AND Deloury Dumpster Rental SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) Deloury Dumpster Rental WILL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY INCLUDING NEGLIGENCE, AND EVEN IF Deloury Dumpster Rental HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) Deloury Dumpster Rental’ AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER HEREUNDER.
It is expressly understood and agreed that this is a contract of rental only, and that nothing contained in this Agreement shall be construed as conveying to the Customer any right, title, or interest in the equipment, other than as a rental.
In consideration of the rental fees, the Customer shall have exclusive use of the listed equipment above.
The laws of the Commonwealth of Massachusetts will govern this contract. Any legal action arising out of this Agreement will be brought exclusively in the state or Federal courts in Boston, Massachusetts.
Deloury Dumpster Rental may terminate this agreement at any time for reasons of misuse or neglect of the equipment.