Terms & Conditions
By renting dumpsters from Texas Dumpstars, you agree to the below terms and conditions:
Dumpster Service Terms and Conditions:
Customer warrants that the waste material in the roll-off container dropped and subsequently picked up by Texas Dumpstars, will NOT contain hazardous, toxic, radioactive wastes, (including substances: wet glue, wet paint, wet plaster, hot tar,batteries,gas/oil, tires, fluorescent bulbs, refrigerator/ freezers/ ac units, computer monitors, televisions, pesticides or any other drums/ bottles filled with substance that would require removal from dumpster) or other prohibited substances as defined by applicable Federal, State, local laws or regulations. Any materials not acceptable, including those banned by Federal, State and local laws/regulations WILL BE LEFT AT CUSTOMER’S LOCATION AT CUSTOMER’S EXPENSE. Customer agrees to indemnify, defend and hold harmless Texas Dumpstars against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property or to the environment arising out of breach of the warrant stated above. If unacceptable materials are discovered at the dumping site and Texas Dumpstars is subsequently fined for these materials, the customer agrees to pay the fine plus a $100 handling charge. **If a clean-out is necessary to return the container to normal service, the customer agrees to pay the third-party clean out fee plus a $100 handling charge.
Customer's are responsible for all loss or damage (including theft) to the dumpster provided other than normal wear and tear. Fork-lifts, backhoes and other heavy equipment used in the loading of roll-off dumpsters are the leading cause of damage and there for are not permitted to load waste material into our dumpsters. If a dumpster is damaged structurally or cosmetically while in the customers possession requiring repair, The customer agrees to pay the full amount of the repair plus a minimum $500 Fine while the dumpster is out of service. A customer shall not overload or move the dumpster or make any alterations or improvements to the dumpster, and shall use the dumpster only for the proper purposes for which it is intended. Customer shall be liable for any overweight fines or charges caused by an overloaded dumpster. Customer agrees to indemnify, defend and hold harmless Texas Dumpstars against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property arising out of Customer’s use, operation or possession of the dumpster. Once the dumpster is in the customer’s possession, it is the customer’s full responsibility of the dumpster. On collection day, Customer shall provide unobstructed access to the dumpster. If, on the day of scheduled collection, the dumpster is inaccessible, Customer will be notified and charged a one-time $100 trip-fee for the unsuccessful collection of the dumpster.
Customer agrees to load their dumpster level and even with the top and no material sticking up above the sides, so we may tarp the dumpster in conformance with State mandated load coverage regulations, or Customer will be responsible for any violations or fines received as a result of an overloaded dumpster. Any additional charges due to excess tonnage in the roll-off dumpster will be automatically charged to Customer’s credit card. Customer shall pay Texas Dumpstars for all excess tonnage in roll-off dumpster at the rate of $60.00 per ton, in accordance with the following schedule.
• 15 yard dumpster rental: all tonnage in excess of two (2) tons
• 20 yard dumpster rental: all tonnage in excess of three (3) tons
• 25 yard dumpster rental: all tonnage in excess of four (4) tons
30 yard dumpster rental: all tonnage in excess of four (5) Tons
DRIVEWAYS AND PARKING AREAS:
Customer warrants that any right of way provided by Customer for Texas Dumpstars location to the most convenient public way (street, road, etc.) is sufficient to bear the weight of all Texas Dumpstars dumpster and vehicles required to perform the service contracted. Texas Dumpstars shall not be responsible for damage to any private pavement or accompanying sub-surface or any route necessary to perform the services contracted. In addition, Texas Dumpstars shall not be responsible for damage to lawns, fences or shrubbery in accordance with an agreed upon drop spot. In designating a drop-spot, Customer assumes all liabilities for damage to pavement or road surface, sidewalks, lawns, fences. shrubbery, trees, septic systems or wells. Roll-Off Dumpsters and the trucks that bear them are extraordinarily heavy, especially when loaded.
CHARGES AND PAYMENTS:
Customer shall pay Texas Dumpstars in accordance with established rates for the services provided. Customer shall be liable for all taxes, fees or other charges imposed upon the disposal of the Customer’s waste materials by Federal, State, local laws and regulations. Payment shall be made by Customer by credit card, or electronic check Via online Invoice.
Any and all charges, fees, and/or assessments incurred by Texas Dumpstars relative to the denial of payment to Texas Dumpstars by Customer’s credit card company, bank or any other entity used by Customer in an attempt to pay Texas Dumpstars, are fully the responsibility of Customer and reimbursable to Texas Dumpstars, in full, by Customer, plus Customer agrees to pay Texas Dumpstars a fee of $35.00 per denial.
LIMITATION ON LIABILITY DISCLAIMER WARRANTIES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO DAMAGE TO CUSTOMER’S PROPERTY, PAVEMENT, CURBING DRIVEWAYS, WALKWAYS, LANDSCAPING AND/ OR LAWN WHICH IS RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER’S PREMISES EVEN IF COMPANY HAS BEEN ADVISED OF, KNOWS OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE EQUIPMENT IS PROVIDED ON AN “AS IS” BASIS AND COMPANY MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE MERCHANT ABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET ANY REQUIREMENTS. Texas Dumpstar's TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, will be limited to, at the COMPANY’S option, replacement or correction of any Services not in conformance with this Agreement or to the repayment of the portion of compensation paid by CUSTOMER attributable to the nonconforming Services. Texas Dumpstars will not be liable for any other damages, special, direct, indirect, incidental, consequential or otherwise, and in no event shall the COMPANY’S liability exceed the compensation for the nonconforming services. CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST COMPANY RELATING TO OR ARISING FORM CUSTOMER’S RENTAL OF THE EQUIPMENT AND/OR COMPANY’S PERFORMANCE UNDER THIS AGREEMENT
MEDIATION / ARBITRATION:
In the event of a breach of this agreement by either party, the breaching party shall pay all reasonable attorney fees, collection fees and costs of the other party incident to any action brought to enforce this agreement. Customers agree to submit any dispute arising under this Agreement first to mediation, then if it is not resolved, to Arbitration. The selection of a mediator shall be by agreement between the Customer and Texas Dumpstars Dumpster Rental, but in the absence of an agreement the mediator shall be any retired judge, having served at least 10 years on a State District Court bench, in Williamson County Texas. The selection of an Arbitrator shall also be by agreement, should mediation fail. If an arbitrator cannot be selected by agreement between the Customer and Texas Dumpstars each party will select an Arbitrator and the two Arbitrators so selected will select a third Arbitrator. The Customer agrees to pay all costs of Arbitration including the Arbitration fees of the Arbitrators.
SEVERABILITY OF PROVISIONS:
In the event that any portion of this agreement is deemed unenforceable, all other provisions of this Note shall remain in full force and effect.
CHOICE OF LAW PROVISION:
This Dumpster Rental Agreement shall be interpreted under the laws of the State of Texas.