By renting a dumpster from Roll Off Dumpster Direct (“RODD”) you agree to:
Pricing. The dumpster’s rental price varies based on zip code of the Customer’s waste hauling location. Pricing can differ by city, county and state. Dumpster rental pricing is subjected to change at any time until the Customer books an order. The price quoted includes delivery and removal of one dumpster within the included rental period and included weight allowance. Additional charges may result from disposal weight in excess of the included weight, extended rental time, failed service attempts due to inaccessible or unreachable containers, cancellation fees, waste type contamination fees, frozen load dig outs, relocation charges, government franchise fees and/or taxes, or any other charges levied upon RODD as a result of services rendered by a waste hauler for the Customer.
Charges and Payment.
Each of the above fees will be charged to the credit card on file promptly after the service is provided. For all amounts billed and not paid in advance, Customer shall make payment within ten (10) days after the date of an invoice from RODD. RODD may charge, and Customer agrees to pay, a late fee no greater than that allowed by law on balances not paid within ten (10) days of the date of the invoice. In the event that any payment is not made when due, RODD may terminate services, recover all past due payments and recover any equipment from the Customer. RODD reserves the right to charge a fee no greater than that allowed by law on all Customer checks returned for insufficient funds.
Broker. RODD is a broker. RODD will endeavor to hire a hauler to deliver and remove the dumpster as requested by the Customer. Customer agrees to release, defend, and hold harmless RODD from all liability that RODD may have for the negligence of RODD and the hauler.
Waste Material. Customer represents and warrants that the materials placed in the waste hauler’s equipment shall be waste material as defined herein and shall contain no other substances. The term “waste material” as used in these Terms & Conditions shall mean solid waste generated by Customer excluding radioactive, volatile, highly flammable, explosive, biomedical, infectious, toxic, or hazardous material. The term “hazardous material” shall include but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, an enabled or applicable state law. Title to and liability for any waste excluded above shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless RODD from and against any and all damages, penalties, fines and liabilities arising from waste excluded above, including allegations of RODD’s negligence.
Driveways and Parking Areas. Customer warrants that any right of way provided by Customer for the waste hauler’s equipment is sufficient to bear the weight of all equipment and vehicles reasonably required to perform the service herein contracted. RODD shall not be responsible for damage to any private driving surface, pavement or accompanying sub-surface of any route reasonably necessary to perform the service herein contracted and Customer assumes all liabilities for damage to driving surfaces, pavement or road surfaces and entire container placement site.
Unacceptable Waste Materials Include:
• Hazardous waste
• Industrial waste
• Chemical products
• Oil filters
• Herbicides & pesticides
• Radioactive material
• 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.)
• Petroleum contaminated soil/lead paint chips
• Tires (where permitted, an additional fee of up to $100 per tire will be charged)
• Mattresses (an additional fee of up to $250 may be charged per mattress)
• Computers, Monitors, Televisions, Microwaves
• Fluorescent Tubes
• Railroad Ties
• Medical Waste
• All liquids
Overfills and Offloads. The Customer shall observe the fill line on the side of the waste hauler’s equipment. Haulers will not haul equipment with waste that protrudes from the top of the equipment or that surpasses the weight restrictions for public roads and highways. In this event, the Customer is responsible for offloading excess material and may incur an attempted delivery/removal fee up to $500 should the hauler have to reschedule a time to return to remove the equipment.
Equipment Care. The equipment furnished hereunder by the hauler shall remain the property of the hauler. However, Customer acknowledges that it has care, custody and control of the hauler’s equipment while at the Customer’s location and accepts responsibility for any loss or damage to the equipment (except for normal wear and tear or for loss or damage resulting from hauler’s handling of the equipment) and for the contents of the equipment. Customer agrees not to overload (by weight or volume), move or alter the equipment, and shall use the equipment only for its proper and intended purpose. Customer is liable for any loss, damages, or costs in excess of reasonable wear and tear. Customer agrees to indemnify, defend and hold harmless RODD 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 equipment, including allegations of RODD’s negligence. RODD and its haulers reserve the right to remove materials from a dumpster in instances where the Customer has overloaded the equipment by weight or volume, or in instances of nonpayment. Customer is solely and exclusively liable for all fees, fines, and clean up costs associated with removal of such materials. If access to a dumpster is restricted by a lock, Customer grants RODD and its haulers the right to remove any lock by any means necessary to access a dumpster at any time.
Access. Customer agrees to provide unobstructed access to the equipment on the scheduled collection day. If the equipment is inaccessible so that the scheduled pick up cannot be made, RODD will promptly notify the Customer and afford the Customer a reasonable opportunity to reschedule the service. The Customer shall pay RODD up to $500 for failure to provide access.
Extended Rental Charges & Rental Termination. Extended rental charges may change at any time upon appropriate email notification to customer. In the event that Customer does not respond to RODD’s good faith requests for a dumpster removal date, RODD may terminate the rental and have the dumpster removed promptly.
Cancellations. Cancellations made less than 24 hours prior to the scheduled service date may be subject to a cancellation fee up to $500.
Delivery and Pick Up. Delivery and/or removal of the dumpster is at the discretion of the driver. Dumpsters are to be filled level with the top edge. If the driver is unable to make a delivery and/or removal due to safety, lack of accessibility, overloaded, or overweight the Customer shall pay a trip charge of up to $500 as imposed upon RODD by a hauler. RODD reserves the right to remove a dumpster at any time.
Disclaimer. Due to uncertain soil conditions and sub surface terrain, RODD is not responsible for any damage to Customer driveways, curbs, lawns or walks, wells and septic systems. It is the Customer’s responsibility to make RODD aware of any underground utilities which might be affected by taking delivery of the dumpster.
Excused Performance. RODD shall not be liable for failure to perform due to circumstances or the significant threat of circumstances beyond its reasonable control, whether foreseeable or not, including, but not limited to strikes, labor trouble, riots, compliance with laws or government orders, acts of war or terrorism, inability to access container, fires, and acts of god and such failure shall not constitute a default under this Agreement.
Limited Liability RODD shall not be liable to Customer or any other party beyond the remedies set forth herein including any liability for the hauler’s equipment malfunction or lack of availability for use. RODD will not be liable for loss of business, lost profits, incidental, indirect, consequential, special, or punitive damages, or for any claim by any third party except as expressly provided herein.
Attorney Fees. In the event of breach of the Agreement by the Customer, the Customer shall pay all reasonable attorney’s fees and costs of RODD to enforce this Agreement.
Refunds. All refund or credit requests shall occur within 30 days of service completion. Any refunds or credits shall be at the sole discretion of RODD.