EQUIPMENT USE – Customer hereby agrees to use of the Company equipment identified as a dumpster. As consideration for the use of the Equipment, Customer agrees to pay the Service fees in the amounts and within the time frames set forth in payment section of aggreement. Customer and Company agree that this Agreement shall apply to all equipment used by Customer from Company and that Company may, from time to time, modify, supplement and amend to reflect the addition of Equipment, Equipment use time, or return of Equipment by the Customer under this Agreement.

TITLE TO EQUIPMENT – Title to the Equipment shall remain at all times with Company. No title, interest or right to the Equipment shall pass to the Customer, except for the rights herein expressly granted. LOCATION OF EQUIPMENT – The Customer shall not remove the Equipment from the delivery location of the Customer as the place of use of the Equipment without prior written approval of the Company.

MAINTENANCE AND ALTERATIONS – Customer shall keep the Equipment in good condition and working order and shall only use the Equipment for its intended purpose. TERM AND TERMINATION OF AGREEMENT – This Agreement shall continue in full force and effect until: (a) the Equipment is returned by Customer to the Company and all amounts due hereunder have been paid; or (b) the Company provides written notice of Company’s need or desire to terminate the Agreement three (3) business days thereafter. Upon termination of the Agreement, the Customer will surrender, at Customer’s cost and expense, the Equipment in good working order to Company.

LIABILITY – During the term of the Agreement, the Customer shall be solely responsible for any loss or damage to Equipment and damage to property asphalt and/or concrete. The Customer shall also be solely liable for all claims, including but not limited to workers’ compensation or claims for personal injury or death or damage to property, arising, directly or indirectly, out of the use of the Equipment. The Customer hereby assumes and shall bear the entire risk of loss for theft, damage, destruction or other injury to the Equipment from any and every cause whatsoever. No such loss or damage shall impair any obligation of the Customer under this Agreement, which shall continue in full force and effect. In the event of damage to or loss of the Equipment (or any component thereof), the Customer shall pay the total of all unpaid Service Fee payments for the entire Agreement term plus the full market replacement value of the Equipment prior to such loss or damage, in which case this Agreement shall terminate except for any Customer duties, as of the date such payment is received by Company.

ALLOWANCES – No allowance will be made for any use of Equipment or portion thereof which is claimed not to have been used. Acceptance of returned Equipment by Company does not constitute a waiver of any of the rights the Company has under the Use and Service Agreement.

PAYMENT; REQUIRED CREDIT/DEBIT CARD INFORMATION – A valid MasterCard, VISA, American Express or Discover card or debit card is required for the service fees and other charges contemplated by this Agreement (including payment for the Equipment in the event of loss or damage as provided in the Agreement). Payment information from the Customer is due prior to  drop off of the Equipment. Customer will be billed immediately for the service fees associated with the use of the equipment. Customer will be responsible for any additional monetary charges from the Company, which charges are subject to change, for: (a) the disposing of prohibited materials, which consist of electronics, paint, oil, gasoline, antifreeze, batteries, propane, fluorescent, mercury, chemicals and tires; or (b) exceeding the allotted use time period agreed upon prior to deliver. Customer hereby authorizes the Company to charge the credit/debit card provided to pay for the charges and fees covered by the agreement, including potential additional fees. Customer hereby certifies that the payment information is true and correct as of the date given and will remain true and correct throughout the term of this agreement. Customer agrees to promptly update the payment information in the event it changes. Company agrees to take reasonable steps to keep Customer’s card information confidential.

DEFAULT – If the Customer defaults in any performance required herein for a period of 15 days, then: (a) this Agreement may be terminated by the Company; (b) the Company shall have the right to remove the Equipment, without notice, from the Customer’s property; and (c) the Company shall be entitled to pursue any other remedies available to it at law and in equity. NO WAIVER – Waiver of breach or failure to strictly enforce the terms of the Agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict conformance with the terms of the Agreement.

DUMPSTER LOADING- Customer agrees not to exceed top of dumpster when loading normal debris.  Customer agrees to not exceed one quarter full if loading with Dirt, Rock, Brick, Sod, Gravel, Sand or any other exceptionally heavy materials.  It is customers responsibility to ensure load level(s) and if customer has exceeded maximum load levels it is customers sole responsibility to reduce load level to make dumpster safe to haul.  Should the load be unsafe or too heavy to haul customer will be advised of such and if it can not be corrected on site immediately then customer agrees that this could result in an additional trip charge added to the original service agreement pricing.

DUMPSTER USE PRICING- Equipment use is based on service, trip and disposal charges.  Companies current pricing structure includes the following in quoted pricing unless otherwise agreed upon Use of equipment for up to 7 days, 1-Trip for Delivery  1-Trip for Pick up/Removal, and 2 tons (4,000 lbs) of debris disposal.  Any service(s) or weight not described here will be charged under the Additional Fees portion of this agreement.

ADDITTIONAL FEES- Per Item Fees will apply at a rate based on charges set by landfill for the following items, Mattress, Box Spring, Tires (limit 4 per load), Refrigerators and any item containing freon.  One trip to Deliver and One trip to Remove Dumpster is included in the quoted service fee pricing.  Any additional trip(s) to remove or relocate dumpster will be charged at company’s current trip charge based on use location.  All weight over 2 tons (4,000 lbs) will be charged at Landfill current rate at a cost of true weight cost.  If a weekend deliver or pick up is agreed upon by company and customer then customer agrees to pay the weekend service fee at companies current rate.

PROHIBITED ITEMS-Customer agrees not to dispose of the following prohibit items.

Hazardous materials, Paint, Propane/Propane tanks, Asbestos, Lead, Gasoline, Batteries, Chemicals, Closed/Sealed Drums, any drum containing liquid of any kind.  If any of these items are seen in dumpster the customer is responsible to remove them, if customer not on location driver may remove and leave on property.  If any of these items are discovered at time of disposal they may be returned to customers property at additional cost to customer.

DUMPSTER PLACEMENT-  All dumpster are to be placed on customers private property.  Should customer request street placement on a public street, customer is responsible for any permits, permit fees, fines, towing and recovery as well as any impound fees associated with said placement.  Any emergency removal of dumpster whether requested by customer or any city or hoa will incur an emergency trip service fee to charged to customer as companies current rate for emergency trip service.

DUMPSTER USE PERIOD-Customer Agrees that all equipment use periods are up to 7 days. Company may allow longer usage time upon request when available.  Additional usage time will be charged at companies current time service schedule. Company may remove equipment from customer location at any time after the 7 day use period with 24 hours notice either via Text, Email, Phone, or Voicemail.

ENTIRE AGREEMENT – This Agreement, constitutes the entire agreement between the parties. This Agreement supersedes all prior oral or written agreements between the parties. This Agreement may be amended only as mutually agreed upon in writing. The Customer shall pay all reasonable attorney and other fees, the expenses and costs incurred by the Company in protecting its rights under this service and use Agreement and for any action taken by the Company to collect any amounts due to the Company under this service and use Agreement.

Acceptance of delivery of equipment constitutes agreement to the terms of Service and Use agreement as listed above.