Company and Customer also may be individually referred to herein as “Party,” and collectively referred to herein as the “Parties.”
1. Equipment Rental. (a) Customer agrees to rent a dumpster per price quoted, the price quoted is the cost of renting the dumpster for initial rental period of two (2) weeks. The initial rental period begins on the first day after the delivery of the dumpster to Customer.
(b) TO AVOID ANY EXTRA CHARGES DUE TO WEATHER (SNOW, ICE OR RAIN), WE ADVISE YOU TO COVER THE DUMPSTER WITH A TARP.
(c) Additional Rental Time. Customer may rent a dumpster for additional time on a daily basis at the rate of $5.00 per day. Customer is responsible for calling for pickup.
(d) Tonnage Limit. Customer agrees to abide by the tonnage limits set forth in the quote. If the Customer exceeds the relevant tonnage limit, Customer hereby agrees to pay an additional fee of the current rate per pound for each pound in excess of the limit for that dumpster.
(e) Location of Dumpster; Dumpster Pick-Up. (I) Customer warrants and represents that any location provided by Customer for the dumpster is sufficient to bear the weight 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 or private wells.
(ii) On the day that the dumpster is scheduled to be picked up by Company, Customer agrees to provide unobstructed access to the dumpster. If the dumpster is inaccessible, Customer shall be charged for additional rental time at the rates set forth in Section 1(c) above.
2. Disposal of Hazardous Materials and Unacceptable Material Prohibited. Customer warrants and represents that the dumpster will not contain any hazardous materials and acknowledges that the disposal of such hazardous materials is strictly prohibited. For purposes of this Agreement, “hazardous materials” shall mean any waste which is listed, has the characteristics of, or is otherwise identified as a hazardous waste or subject waste under applicable state or federal laws or regulations, including without limitation the Resource Conservation and Recovery Act of 1976 (42 U.S.C. et seq. and the regulations promulgated thereunder). “Unacceptable material” shall mean any non-hazardous waste which is not permitted to be processed at a facility under applicable laws or permits, source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 and the regulations thereunder; asbestos-containing waste; mercury-containing waste; and any waste delivered by Customer which is not approved by Company. If Customer has any questions about whether a particular material is considered hazardous, please call the Company before disposing of the material in the dumpster. Additional fees will be charged as follows: Mattresses $53.00 each, Computers/TV’s $31.00 each, Tires $26.00 each, Microwave $27.00 each, Monitors $31.00 each, Propane $17.00 each, Batteries $17.00 each, Fluorescent Bulbs $17.00 each, AC’s $28.00 each, Fridge $28.00 ***NO COOLANT***.
3. Permits, Approvals and Fees. Customer shall be responsible for obtaining all necessary permits and approvals and paying all fees that may be incurred in conjunction therewith.
4. Indemnification. Customer agrees to indemnify and hold harmless Company from, against and in respect to any and all claims, losses, expenses, damages, obligations and liabilities (including costs of collection and reasonable attorney’s fees) of any kind or nature whatsoever, including any misrepresentation, breach of warranty, or non-fulfillment of any representation, warranty, covenant or agreement of or by Customer in this Agreement. This provision shall survive the termination of this Agreement.
5. Entire Agreement. This Agreement contains the entire agreement between the Parties and supersedes all prior agreements and understanding, oral or written, between the Parties with respect to the subject matter