These Terms and Conditions for Services (“Terms and Conditions”) are agreed to by clicking below “I have read and agree to the rental agreement.” These Terms and Conditions are for the services as you requested in the online scheduler process.
Company: GET DUMPED LLC, a Texas corporation doing business as a GET DUMPED in Houston, a franchised business (“Company” or “we” or “us”). Company’s current principal address is: 5868 Westheimer rd, Houston, TX 77057
Customer: The customer name you entered in the online scheduler process.
Services
Services shall include (1) delivery of designated number of dumpsters to the Service Location, (2) removal of loaded dumpsters from Service Location, and (3) landfill disposal of dumpsters contents not to exceed one and half (1.5) U.S. tons per 14 yard trailer, two (2) U.S. tons per 20 yard dumpster, three (3) tons per 30 yard dumpster, and four (4) tons per 40 yard dumpster (“Included Disposal Rate”).
Service Location
The Service Location is the address you entered in the online scheduler process. Any notes or instructions about the Services should be added by you in the online scheduler process (“Services Summary”). Your instructions for drop off, dates of services are included by you when you schedule the Services.
Customer is responsible for providing the street address and any further details or instructions in reasonably sufficient detail to facilitate the convenient and accurate delivery and pick-up of the dumpsters. Delivery and pick-up of the dumpster shall only be performed during Company’s operating hours. Customer agrees to provide unobstructed access to the Service Location for delivery and pick-up of the dumpsters.
Customer understands that, if the Service Location is more than 40 driving miles one way away from Company’s stated principal business address, Company will charge an additional distance fee (“Additional Distance Fee”). Additional Distance Fee is charged for delivery and pick-up and will be included in the Price Quote.
Price Quote
The online order process provided a price quote (“Price Quote”). The Price Quote assumes that the Services provided are in accord with the Services ordered. The Price Quote covers disposal weight up to Included Disposal Rate and is a minimum charge regardless of tonnage amount under that Included Disposal Rate. The Price Quote does not include applicable sales tax or other municipal fees or surcharges.
Term
The term for these Services is for the number of days that Company provides Services to Customer, beginning on the date the Services commence at Service Location and ending on the date Services are complete. If any payment is not made when due or Customer otherwise violates these Terms and Conditions, Company may immediately terminate or suspend Services upon notice to the Customer. When Services are complete or if Company terminates Services in accordance with the prior sentence: (1) Customer shall immediately provide Company access to pick up the dumpsters, (2) if Customer has failed to pay any amount to Company or damaged the dumpsters, Company may remove the contents of the dumpster and leave them at the Service Address, and (3) Company may demand immediate payment for all amounts due.
Pricing / Payment
Prior to commencing the Services, Customer will be invoiced for the Services. Customer shall pay Company the invoiced amount prior to Company commencing the Services. Payment must be made by credit card (such as Master Card, Visa, Amex), check, or electronic funds transfer. Customer authorizes Company to charge Customer’s credit card (as provided by Customer) for all fees, charges, and any other amounts due. Customer authorizes Company to conduct pre-authorization(s) on Customer’s credit card upon placing an order or thereafter in an amount sufficient to cover the anticipated total fees and charges for the Services. Customer shall update Company with any changes in credit card information.
For additional fees and charges, these amounts are due upon Customer’s receipt of an invoice. Customer shall provide Company with a form of payment (such as a bank account or credit card along with all required authorizations) from which additional charges may be withdrawn. Company may impose late fees for all amounts not paid within 5 days of invoice at the rate of 2.5% per month (30% annual) or, if less, the maximum rate permitted by applicable law.
See below for a non-exhaustive list of additional fees.
· Weight Overage: Any weight above Included Disposal Rate will be charged as a weight overage fee equal to $85 per U.S. ton (or fraction thereof). If the contents of any dumpster exceed the Included Disposal Rate, Customer shall pay any additional fees charged by Company for such weight overage.
· Manipulation Required: An hourly fee of $50 for labor and equipment will apply for the handling of overfilled dumpsters (loaded above the “do not load above this line” level); dumpsters requiring rebalancing, removal of prohibited waste, or any other manipulation prior to, during, or after removal and / or transport.
· Cancellation: A cancellation fee of $0 will apply for cancellation requests received less than 24 hours before scheduled delivery of dumpsters.
· Change of Location: A fee of $100 will apply for any change of location requested after delivery of dumpsters to original Service Location. This fee may apply to requests to move dumpsters to a new location at the same Service Location.
· Unserviceable Conditions: A fee of $100 will apply for unserviceable conditions (e.g. dumpster not ready for pick-up; inadequate or insufficient room for dumpster delivery and pick-up; access to site or to dumpster is blocked; unsafe conditions exist for Company’s employees to deliver or pick up the dumpster; etc.).
· Non-Prepared Services: A fee of $100 per dumpster if Company is required to deliver or pick up any dumpster from an area that requires any truck tires to leave prepared surfaces as designated by Company.
· Extension of Service: An additional fee of $30.00 per day per dumpster will apply for each additional day of Service, regardless of reason dumpster is not picked up (unless Company unilateral extends the pick-up date).
· Services shall not be performed on the following holidays unless special arrangements are made in advance and an additional fee of $100 per day is paid: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day.
Customer’s Duties and Liability Customer has read and understands these Terms and Conditions. Customer represents and warrants that all materials placed in the dumpster shall be permitted waste and shall not contain any Prohibited or Hazardous waste or materials described below. Customer shall be responsible for the safekeeping of Company’s dumpsters and for providing a safe area for Company’s employees to deliver and pick up the dumpsters. Customer shall obtain any permits or licenses required for the use and placement of dumpsters, or other equipment at the Service Location, and ensure compliance with any applicable ordinances, regulations, or statutes.
Customer shall not remove or move the dumpsters. Customer understands that (a) no items placed in the dumpster shall be above the load line in the dumpster, (b) load weight must be balanced in the dumpster, (c) delivery location must be accessible for delivery and pick up on requested dates in the Services Summary. Customer shall not overload the dumpsters or use any dumpsters for incineration purposes.
Total weight of the dumpster [including the contents and the dumpster], under no circumstances, can exceed seven (7) U.S. tons. Customer acknowledges that Company cannot weigh any dumpster prior to removal from the Service Location. However, Customer is responsible for the total weight of the dumpster, including any resulting weight overage fines Company incurs in connection with, among other things, transporting an overweight dumpster. Customer shall not use heavy machinery/equipment or third-party trash reduction/compaction services in conjunction with the use of the dumpsters. Customer is solely responsible and liable for any loss, damages, and / or costs in excess of reasonable wear and tear or as a result of improper use, loading, or overloading of the dumpster.
Company reserves the right to remove (e.g., dump out) materials from the dumpsters if Company determines, in its sole discretion, that any dumpster is overloaded, by either weight or volume, and in instances of Customer’s nonpayment. Customer is solely and exclusively liable for any and all fees, fines, property damage, clean-up costs, and/or other costs associated with such removal of materials. If the Service Location is a secure location that is locked or otherwise not accessible, Customer hereby authorizes Company, if necessary, at Company’s discretion, to remove any type of locks by whatever means needed in order to access the dumpster at any time.
Adequacy of Access and Service Site
Customer warrants that access to the Service Location for placement of the dumpsters is adequate and capable of bearing the weight of the dumpsters (both empty and loaded) and of vehicles required to perform the Services and includes sufficient overhead and surrounding clearance to accommodate the placement and movement of vehicles/dumpster. Company shall not be responsible for any damage to pavement or any sub-surface or any access route used to perform the Services. Company shall not be responsible for, and Customer assumes all liability for, any damage to driveways, curbs, pavement / concrete, lawns, fences, gates, mailboxes, irrigation systems, septic systems, shrubbery, walls, overhead objects such as electrical wire or other utilities, overhanging roof lines or eaves and trees, or other property of any kind that may occur in connection with the performance of the Services.
Communication
Customer agrees and consents to receive SMS text messages regarding special offers, status updates on Services, and Customer’s account including billing and amounts due. Customer understands and agrees that standard messaging and data rates may apply.
Rights to Photograph Work
Customer shall permit Company or its designee to take photographs at and around the Service Location before, during, or after performance of the Services, without compensation or consideration to Customer, for purposes including, but not limited to, insurance claims, publications in print or on the Internet, and / or use in Company marketing materials. Customer agrees no legal privacy rights impact Company’s rights and, if Customer has any privacy or other rights in connection with this paragraph, those rights are expressly waived.
Release and Limited Liability
Customer agrees to indemnify, defend, and hold harmless Company and its parents, subsidiaries, affiliates, predecessors, members, officers, directors, employees, and agents from any and all liabilities, actions, causes of action, judgments, suits, controversies, claims, demands, damages, costs and expenses whatsoever, in law or in equity resulting from, in connection with, or arising out of the Services, use, operation, possession, handling, and / or malfunction of the dumpsters, or its unavailability for use, or Company’s removal of materials Customer places in the dumpsters, no matter how caused or occasioned. Customer assumes all risk and liability for and in connection with the dumpsters covered by and during the Terms or any holdover period.
Waste Materials, Prohibited/Hazardous, and Special Exception Items. Customer represents and warrants that the materials placed in the dumpsters shall be permitted waste and shall not contain any “Prohibited” or "Hazardous” waste or materials. The following materials are Prohibited or Hazardous and may not be placed in Company dumpsters unless otherwise agreed to in writing as special exceptions (special exceptions will incur additional fees):
· Tires;
· Machinery with fuel/oil (permitted only if fuel/oil is removed);
· Hazardous/toxic/radioactive waste;
· Water heaters;
· Chemicals/solvents;
· Polychlorinated biphenyls (PCB) waste such as transformers;
· Paint containers/paint/lacquers;
· Industrial/55-gal drums;
· Computers, TVs, electronics, electronic accessories;
· Oil containers;
· Medical waste;
· Liquid waste;
· Propane tank;
· Railroad ties;
· Gas tanks;
· Septic tanks;
· Batteries;
· Fluorescent and/or mercury bulbs;
· Adhesives;
· Items containing mercury;
· Air conditioners;
· Large poles (e.g. I-Beams, telephone poles, metal tubing, etc.) over 6' long;
· White goods (including major or large household appliances such as refrigerators, washers, etc.); and
· Dirt, soil, asphalt, concrete, stone, and yard waste.
Customer must remove any Prohibited or Hazardous items from the dumpsters prior to pick up. In the alternative, Company may dump all materials from the dumpsters and reload dumpsters at the Customer’s sole expense. Company is not responsible for reloading dumpsters or disposing of materials removed from the dumpsters. Customer will be charged additional fees for any such items that are not removed. If Company disposes of any such items, Customer must reimburse Company an amount of 125% of any cost of disposal or $100, whichever is greater. Customer is solely responsible for any fines, fees or damage incurred by Company for any materials placed in the dumpsters that are not permitted including any Prohibited or Hazardous items.
Payment Dispute
If Customer fails to pay any amount due to Company or Customer is otherwise in default of the Terms and Conditions, Company will provide Customer with 10 days to cure such default. If the default is not timely cured, Company may enter the Service Location and remove the dumpsters (either without or with any materials deposited in the dumpsters), or may leave the dumpsters at the Service Location and not pick up until payment is made in full. In our sole discretion, Customer may be liable for $30.00per day per dumpster for any day the dumpster remain at the Service Location.
General
These Terms and Conditions shall apply to the supply of Services by Company to Customer and shall prevail over any other documentation or communication between Customer and Company. Any variation to these Terms and Conditions shall be unenforceable unless agreed in writing by Company.
Governing Law; Venue
These Terms and Conditions shall be governed by, and construed and enforced in accordance with, the laws of the state where Company has its principal place of business, without regard to conflicts of laws principles. Any dispute or proceeding arising out of or in connection with these Terms and Conditions shall be filed and litigated in the state or federal courts in and for jurisdiction where Company has its principal place of business when the action is filed. Customer agrees that such courts shall have jurisdiction over Customer.
Customer is responsible for all amounts incurred by Company to enforce these Terms and Conditions including without limitation late fees, attorneys’ fees, collection costs and expenses, and interest. Payments shall be applied to collection costs first, then to late charges, then to accrued interest, and then to unpaid principal amounts.
Waivers. No course of dealing between, 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.
Severability
The provisions of these Terms and Conditions 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 these Terms and Conditions in any jurisdiction.
Thank you for your business!