Terms & Conditions
Dumpster Rental Terms & Conditions
Dumpster Deal, including its affiliates and subsidiaries (“Dumpster Deal”), agrees to rent certain dumpster equipment (“Equipment”) to customer (“Customer”) on the basis of the terms and conditions as stated in this document. The following terms and conditions, including the Rental Documents (as defined within this document) shall apply to and govern both commercial and residential dumpster rentals.
1. Acceptance of Contract. This transaction, including Dumpster Deal’s rental of Equipment to Customer, is made conditional upon Customer’s acceptance of all the terms and conditions contained within this document, including, but not limited to any quotation, proposal and/or invoice (referred to as the “Rental Documents”). The terms and conditions stated within this document shall apply to and govern all Rental Documents. These terms and conditions, along with the Rental Documents, constitute the entire agreement between Dumpster Deal and Customer.
2. Ordering Process. Dumpster Deal accepts and processes all Equipment rental orders through the telephone (by calling Dumpster Deal direct and placing an order) or by filling out our “order request app” through our website which is located at www.dumpsterdeal.com (the “Website”). The Customer understands/acknowledges and gives consent that upon Customer’s placement of an order for a rental of Equipment (by calling us direct and placing/securing an order with a credit card), and Dumpster Deal’s acceptance of the order, then a contractual rental agreement shall exist between Dumpster Deal and the Customer. All rental orders that are accepted by Dumpster Deal are accepted with the understanding that each order is subject to Dumpster Deal’s ability to obtain and furnish the Equipment to Customer. Customer is responsible for contacting Dumpster Deal (either by telephone or through the Website) in order to initiate the start of the Services, as well as the final pick-up of the Equipment. Customer acknowledges that any telephone numbers posted on and/or adhered to the Equipment belonging to third-parties and shall not be used for the purpose of attempting to contact Dumpster Deal.
3. Delivery and Pick Up of Equipment. Dumpster Deal will use all possible efforts to ensure prompt delivery and pick up of Equipment; given that, due to situations beyond our control, including, but not limited to, bad weather, poor/dangerous roads and/or driving conditions, traffic delays, motor vehicle accidents, delays at landfills and equipment failure, we cannot and do not guarantee delivery times or dates. Dumpster Deal will not be liable to Customer under any circumstances for costs, expenses, losses and/or damages incurred by Customer in any manner relating to such delays. Upon the delivery of the Equipment to the location as designated by Customer, Customer shall not move, transport or attempt to move or transport (either directly or indirectly) the Equipment from the designated site without prior notice to and consent from Dumpster Deal. In the event that Dumpster Deal attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond Dumpster Deal’s control, including, but not limited to, overloaded Equipment, low lying power lines or tree branches, blocked access to the delivery or pick-up location, damaged Equipment, locked gates, fences or parking lots, inaccessible driveways and/or the storage of prohibited items or substances in the Equipment (collectively referred to as “dry run”), then Dumpster Deal shall be entitled to charge a dry run inconvenience fee. The standard dry run inconvenience fee is $150.00; provided that, if Dumpster Deal incurs additional charges, fees, fines, penalties costs and/or expenses related to the dry run, then Dumpster Deal may increase the dry run inconvenience fee in order to recoup any such charges, fees, fines, penalties costs and/or expenses. Customer understands/acknowledges and agrees that Dumpster Deal is fully authorized to charge the Customer’s credit card the amount for the dry run inconvenience fee. Customer shall be solely responsible for any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including, without limitation, a towing company) incurred in connection with the movement, placement and/or use of the Equipment. In the event of Customer’s violation and/or breach of the terms of the Rental Agreement (including these Terms and Conditions), Company may, within Company’s sole discretion and without prior notice to Customer and without any liability to Customer, pick-up the Equipment. In addition, Company may pick-up the Equipment at any time if required to do so by local, county and/or state law or as required by order of any local, county and/or state government or agency.
4. Prices and Payment Terms. Prices for Equipment rentals are stated on the Website, prices for each Equipment rental transaction will be confirmed by Dumpster Deal at the time of Customer’s placement of an order for such Equipment. The Customer will pay Dumpster Deal monthly throughout the rental term via credit card payment. Customer authorizes Dumpster Deal to retain your credit card information and charge your credit on a monthly basis for rental fees and all other charges to which Dumpster Deal is entitled. Customer understands/acknowledges and agrees that such credit card authorization shall remain valid and in full force and effect during the applicable rental period and for a period of time not to exceed 120 days beyond the last day of your Equipment rental. If, at any time during a rental term, Dumpster Deal’s authorization to charge your credit card is revoked and/or cancelled by Customer or any third-party, then Dumpster Deal, within its sole discretion, may immediately terminate the Equipment rental and recover the Equipment without notice or liability to Customer.
5. Cancellation and Cancellation Fees. Any rental order, once placed with and accepted by Dumpster Deal, may not be cancelled by Customer except upon the consent of Dumpster Deal, which may be withheld within the sole discretion of Dumpster Deal. In the event that Dumpster Deal agrees to accept a cancellation after acceptance of Customer’s order, then Dumpster Deal shall be entitled to a cancellation fee (which may be charged to Customer’s credit card) in the amount $25.00 if the cancellation occurs prior to 3:00 p.m. the business day before your scheduled delivery and a cancellation fee in the amount of $150.00 if the cancellation occurs thereafter.
6. Weight Restrictions and Overload Fees. Customer is solely responsible for complying with the weight restrictions applicable to the rental Equipment. Customer understands/acknowledges that: (a) each item/unit of Equipment has a designated weight specification and corresponding weight limitation (which varies based on the size and type of the Equipment, as well as other factors); (b) the size and/or volume of the particular item/unit of Equipment is not defined by the applicable designated weight specification and weight limitation for such item/unit of Equipment; (c) local, municipal, city, county and/or state laws, regulations, rules and ordinances also govern and limit the weight and/or amount of material that can be legally stored in and/or transported in the Equipment; and (d) rain, water, snow, ice permitted by Customer to accumulate in the Equipment can increase (and under certain circumstances) exceed the applicable weight restriction relating to specific Equipment. Customer acknowledges that Customer is solely and exclusively responsible for determining the weight restrictions applicable to Customer’s Equipment and for strictly complying with such restrictions, including, but not limited to covering and/or tarping the Equipment in order to prevent rain, water, snow, ice accumulation in the Equipment. Customer acknowledges that if Dumpster Deal incurs charges and expenses in connection with the transport of loaded Equipment to landfills, and that such charges and expenses are based upon the weight of the Equipment. If Customer fails to comply with applicable weight restrictions, Dumpster Deal may incur any pay for charges, expenses, penalties and/or fines from a landfill or other third-party, whether private or public, including, but not limited to traffic fines and penalties or other consequential damages (collectively the “Overload Expenses”). In the event that Dumpster Deal incurs any Overload Expenses relating to or in connection with Customer’s failure to comply with applicable weight restrictions, then, in addition to all other remedies to which Dumpster Deal is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to Dumpster Deal (including Customer’s reimbursement of all such Overload Expenses to Dumpster Deal), Customer will pay Dumpster Deal a fee not to exceed the amount of $125.00 per ton in excess of the applicable weight restriction for the Equipment (“Overload Fee”), as determined within the sole discretion of Dumpster Deal. Customer acknowledges and agrees that all Overload Fees assessed by Dumpster Deal against Customer may be charged to Customer’s credit card.
7. Permits. Customer acknowledges and understands that certain locations and/or uses of the Equipment may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the Equipment (collectively referred to hereinafter as a “Permit”). Customer represents and warrants to Dumpster Deal that Customer (and not Dumpster Deal) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment. In the event that Customer fails to obtain and/or maintain all necessary and required Permits, Company may pick-up the Equipment without prior notice to Customer and without any liability to Customer.
8. Prohibited Substances. Customer acknowledges that local, municipal, city, county, state and/or federal laws, regulations, rules and ordinances prohibit the storage of certain items, materials and substances in the Equipment (“Prohibited Substances”). Prohibited Substances include, without limitation, tires, batteries, tree stumps, railroad ties, chemically treated lumber, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, water heaters and water tanks, food waste, fuels, adhesives, refrigerants and other toxic and/or hazardous materials and substances. A non-exclusive list of certain Prohibited Substances is available on Dumpster Deal’s Website for Customer’s review. Customer acknowledges and agrees that Customer is solely and exclusively responsible for complying with all applicable laws relating to Prohibiting Substances, and Customer shall be liable for any charges, expenses, damages, losses, fines and/or penalties (including, but not limited to traffic fines and penalties) relating to Customer’s storage and/or transportation of Prohibited Substances in the Equipment.
9. Indemnification. Customer agrees to indemnify, defend and hold harmless Dumpster Deal including its officers, directors, members, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, judgments, debts, fines, penalties, charges, expenses, costs or other liabilities of whatsoever kind or nature (collectively, “Losses”) asserted or alleged by any third-party arising from or related to: (a) Overload Expenses; (b) Customer’s failure to obtain and/or maintain any required Permit; (c) Customer’s use or storage of Prohibited Substances in the Equipment; (d) loss or theft of the Equipment; (e) damage and/or destruction of the Equipment during the applicable rental term; (f) personal injury and/or property damage relating to Customer’s use and/or possession of the Equipment; (g) physical damage to streets, roadways, driveways, walkways, pavement, curbs, wells, irrigation systems, septic systems and/or underground utilities caused by the Equipment (h) Customer’s breach of the these terms and conditions or the terms of any of the Rental Documents; and (i) any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including, without limitation, a towing company) incurred in connection with the movement, placement and/or use of the Equipment.
10. Waiver; Limitation of Liability and Disclaimer of Warranties. EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF DUMPSTER DEAL, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST DUMPSTER DEAL RELATING TO OR ARISING FROM CUSTOMER’S RENTAL OF THE EQUIPMENT AND/OR DUMPSTER DEAL’S PERFORMANCE UNDER THE RENTAL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER’S PROPERTY, PAVEMENT, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, LAWN, WELLS, IRRIGATION SYSTEMS, SEPTIC SYSTEMS AND/OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER’S PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO CUSTOMER’S PROPERTY FROM LEAKS OR STAINS RELATING TO CUSTOMER’S USE OF THE RENTAL EQUIPMENT. THE RENTAL EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND DUMPSTER DEAL MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET YOUR REQUIREMENTS.
11. Governing Law; Severability. Any and all disputes arising from or in connection with the Equipment rental transaction between Dumpster Deal and Customer, including, but not limited to, these terms and conditions, the Rental Documents and/or Customer’s possession and use of the Equipment, shall be construed in accordance with and governed by the laws of the State of Illinois, U.S.A., including all matters of construction, validity and performance, without giving effect to the conflict of laws provisions of such State. Any provision hereof which may be prohibited by applicable law shall be ineffective to the extent of such prohibition and without invalidating the remaining provisions hereof.
12. Jurisdiction and Venue. Any action arising from or in connection with the Equipment rental transaction between Dumpster Deal and Customer, including, but not limited to, these terms and conditions, the Rental Documents and/or Customer’s possession and use of the Equipment, shall be commenced and prosecuted in the Court of Common Pleas of Cook County, Illinois, U.S.A., or in the United States Federal District Court for the Northern District of Illinois, Eastern Division. Customer hereby consents to the exclusive jurisdiction and venue of the Court of Common Pleas of Cook County, Illinois, U.S.A., or in the United States Federal District Court for the Northern District of Illinois, Eastern Division and Customer hereby waives any objection or defense based on improper jurisdiction and/or forum non conveniens.
13. Assignment. Neither this rental transaction (including the Rental Documents), nor any part or portion of Customer’s performance is assignable by Customer in whole or part without the prior written consent of Dumpster Deal, which may be withheld within the sole discretion of Dumpster Deal.
14. Reservation of Rights. Dumpster Deal expressly reserves all rights and remedies which are available to it at law or in equity.
15. Entire Agreement and Modification. Upon Dumpster Deal’s acceptance of the Customer’s order for the rental of the Equipment, the terms and conditions set forth within this document and as set forth in the Rental Documents (including, but not limited to all requirements as set forth in Dumpster Deal’s Website), shall constitute the entire agreement between Customer and Dumpster Deal, and no statement, correspondence, or other terms shall modify or affect the terms that are stated within this document. No change in these terms and conditions will be valid unless approved by Dumpster Deal in writing.