TERMS AND CONDITIONS

This Dumpster Rental Contract (“Contract”) is made and entered into by and between you (alternately, “Customer” or “you”) and Everstand Disposal (alternately, “us” or “we”).

1. PRICES AND PAYMENT:

Everstand Disposal offers three (3) sizes of Dumpsters (“Equipment”) for Rental to Residential and Commercial clients. Each Rental Period is for two (2) weeks, or equivalently fourteen (14) consecutive days. Each Rental is based on the Customers needs and Property Size. If a Dumpster cannot be delivered to a location, the Customer has an option of a Live Load. A Live Load is when the Dumpster does not touch the grounds of the Customer, it remains on our truck. Everstand Disposal will wait in the truck while the Customer loads the dumpster. Except as otherwise mutually agreed in writing between Customer and Everstand Disposal, Customer will pay Everstand Disposal via credit card payment before delivery of Equipment. There will be a 3% additional charge for all American Express credit card payments. Customer acknowledges and agrees that all Overload Fees assessed by Everstand Disposal against Customer may be charged to Customer’s credit card. Customer understands that full payment for services will be billed to the credit card number Customer has authorized, as services are rendered. Charges for additional items including, but not limited to, the fees listed in this Contract will be charged when incurred.

Twenty (20) Yard Dumpster $750.00 with Three (3) Ton Weight Limit

Live Load $150.00 per hour for waiting time in addition to the Equipment Rental Price

 

2. PERIOD OF AGREEMENT:

This Contract will commence at the time the first order is placed, subject to acceptance by us. This contract may cover multiple rentals at multiple locations, and is valid anytime Customer or Customer Representative places an order from the date of contract hereafter. This contract will terminate on the day the final dumpster is received back by our facility in or other location as we may specify (“Contract Term”). The rental period for each dumpster will commence on the day that the dumpster is delivered by us to Customer and will end when we pick up the dumpster for emptying (“Rental Period”). All rental rates are based upon a Rental Period not to exceed fourteen (14) calendar days for Residential sites, and Commercial sites. For a Rental Period exceeding these terms, please contact Everstand Disposal by phone to make arrangements. Additional rental fees shall apply to extended rental periods. If the Rental Period of fourteen (14) days has exceeded an additional charge of $10.00 per day will apply. Customer may call Everstand Disposal to schedule early pick up.

 

3. DELIVERY TERMS:

We will make reasonable efforts to deliver a dumpster on the date and time requested. Everstand Disposal is not responsible for delays in performance of delivery or pickup of the dumpster. We request at least one (1) day’s notice if you must cancel or postpone the service. Absent such notice, the Customer will be charged a $75 fee to compensate Everstand Disposal for the cost of moving the dumpster to and from your site. Everstand Disposal is not responsible for delivery of the dumpster unless payment is made in full. When an order is placed, and once Everstand Disposal is on-site and attempts to complete the service and is unable to do so for any reason outside of our control, you will be charged a $75 fee for Services Not Rendered (SNR). Please make sure any homeowner and/ or worker is aware of our arrival, private gates are unlocked, and vehicles are not blocking our access.

 

The stated rental rate is for delivery within a 25 miles radius of the Everett, Massachusetts area. Deliveries outside of this area will be made at an additional cost of $90 per hour.

 

The rental fee includes the cost of hauling away the dumpster and its contents of Allowable Waste at the end of the Rental Period. An additional relocation fee of $50 is charged anytime Everstand Disposal is required to move the dumpster to another site or another location at the same site during a single Rental Period.

 

Everstand Disposal prohibits the removal or moving of our Equipment by another machine, or person, not owned or operated by Everstand Disposal. Any type of relocation made by the Customer will be fined accordingly under Everstand Disposal’s discretion.

 

4. ALLOWABLE WASTE:

Only Allowable Waste may be placed in the Rental Equipment. Customer will contact Everstand Disposal if they are unsure of allowable items. For purposes of this Contract, “Allowable Waste” shall mean non-hazardous solid waste resulting from the construction, remodeling, repair, and demolition of utilities and structures, and uncontaminated solid waste resulting from land clearing (collectively, such activities are referred to as “Construction and Demolition”). Without limitation, such waste includes wood (including painted, treated, and coated wood and wood products), land clearing debris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roofing coverings, glass, plastics that are not sealed in a manner that conceals other waste, empty buckets ten (10) gallons or less in size and having no more than (1) inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, pipe and metals, corrugated container board, carpeting, furniture, and tires, that are incidental to Construction and Demolition (“C&D Debris”). Customer is fully responsible for the entire contents of the container and is the rightful owner of the contents of the container until the contents are disposed of and accepted without protest by the respective disposal facility. An additional charge of $50.00 will be calculated per oversized item, including, but not limited to, mattresses and box springs, tv monitors, computers, and sofas.

 

5. PROHIBITED WASTE:

Unauthorized or prohibited wastes (“Prohibited Waste”) includes any waste that is not Allowable Waste, including but not limited to: hazardous waste, household garbage, radioactive material, dirt, chemical products, medical waste, lead paint chips, herbicides or pesticides, industrial waste, asbestos, oil filters, solvents, paint (except completely dried latex paint cans, no liquids), other flammable liquids, aerosol cans, appliances, refrigerants, propane tanks, motor oil, transmission oil/lubricating/hydraulic oil/ oil filters, contaminated oils (mixed with solvents, gasoline, etc.), antifreeze, petroleum- contaminated soil/ tires, batteries, fluorescent tubes, animals, barrels, all liquids, or chain link fencing.

 

6. EQUIPMENT SPECIFICATION AND SAFE USE:

Everstand Disposal will deliver a light duty dumpster with an approximate capacity of ten (10), fifteen (15), or twenty (20) cubic yards. Allowable Waste (“Debris”) may be loaded to the top rail of the dumpster. Debris may NOT be loaded above the top rail. Heavy materials such as concrete, dirt, brick, rock, sand, asphalt and sod shall only be loaded into a ten (10) yard dumpster, and shall not fill the dumpster higher than the top rail. Everstand Disposal will charge the Customer for heavy materials based on the total weight of the scale normally ranging from $500.00 to $1,000.00, exceptions may apply. Heavy materials shall not be loaded into a fifteen (15) or twenty (20) yard dumpster. Waste must also be loaded evenly so that the distribution of weight is centered in the dumpster.

 

Safety is our main concern when loading and hauling dumpsters. You are responsible for proper loading of the dumpster. Overloaded, improperly loaded and/or overflowing dumpsters are dangerous. An overweight dumpster or a dumpster loaded beyond the top rail can cause a dangerous weight imbalance during transport that may result in an accident or a traffic violation. Customer is responsible for overweight or incorrectly loaded dumpster, and will be asked to remove excess debris that causes the dumpster to be overloaded or overweight.

 

If the dumpster is too heavy to pick up, not evenly distributed, overfilled with debris above the top of the dumpster, or the driver has safety concerns about picking up the dumpster the customer will be charged $75.00 for the failed pick up. Everstand Disposal will notify Customer you of the problem, which must be corrected before the next pick-up attempt is made. If Everstand Disposal does pick up a dumpster weighing more than the stated allowance [See Section 1] Customer will be charged $200.00 for each ton above the limit.

 

7. DAMAGE TO OR LOSS OF DUMPSTER DURING THE RENTAL PERIOD:

Customer must notify Everstand Disposal if the dumpster is damaged during the Rental Term. Rent will continue without discount and will not terminate until the day that it is received back at Everstand Disposal’s site unless it is determined by Everstand Disposal that the dumpster was delivered in such damaged condition. Customer is responsible for any cost of repair for the damaged dumpster, or the full purchase cost of equivalent new equipment in the event a dumpster is stolen or damaged beyond repair, in our sole determination, during the Rental Period.

 

8. DAMAGE TO PROPERTY OTHER THAN DUMPSTER:

Everstand Disposal shall not be liable for damage to any concrete, asphalt, grass or other surface, or water lines or other subsurface systems, whether arising during the Rental Period or thereafter. Nor shall Everstand Disposal be liable for damage or injury to any structure, equipment, vehicle or other item during delivery, pick up or the Rental Period, except to the extent caused by the negligence of Everstand Disposal or its employees.

 

Dumpsters are heavy even without overloading and may cause damage to the surface on which they rest and underground lines and systems. Customer is responsible for determining suitable placement of the dumpster to minimize exposure to such damage and damage during delivery or pick-up of the dumpster by Everstand Disposal. Overloading of a dumpster can also cause damage to the container and to the equipment hauling the container.

 

9. CARE OF EQUIPMENT:

Customer agrees to provide proper care of dumpster and to return the dumpster in good working condition at the end of the Rental Period. Customer shall not perform any modifications, alterations, or changes to the dumpster without prior written consent of Everstand Disposal. Any unauthorized modifications will be removed and equipment will be corrected to original status, at Customer expense. Customer shall comply with all laws, regulations, and ordinances, existing and as amended, relating to the operation and use of the dumpster and disposal of waste materials therein (“Applicable Laws”). Everstand Disposal may terminate this agreement at any time for reasons of misuse or neglect of the equipment, violation of any Applicable Laws, or breach of this Contract by Customer.

 

10. INDEMNITY:

Customer agrees to defend, indemnify and hold Everstand Disposal, its officers, directors, employees, contractors and agents (“Indemnified Parties”) harmless from and against any claim for damages or injury to person or property; any and all claims, damages or losses claimed by any third party arising out of or resulting from the failure to comply with the provisions of this Contract; and/or the use or misuse of the rented dumpster or violation of Applicable Laws, by Customer or Customer’s employees, contractors or agents except to the extent that such claims, damages or losses are attributable to the negligence, misconduct or omission of Indemnified Parties.

 

11. DEFAULT:

It is expressly understood and agreed that this is a Dumpster Rental Contract only, and that nothing contained in this agreement shall be construed as conveying to the Customer any right, title or interest in the equipment, other than as a rental. Should the Customer fail to return the dumpster or to make it available for pick-up at the end of the Rental Period and at a reasonable time during Everstand Disposal’s regular business hours, Everstand Disposal may without notice or court order, enter upon the Customer’s premises or such other location as the dumpster may be to retake possession and remove the dumpster. All costs incurred by Everstand Disposal in such removal shall be at the Customer’s expense. The Customer hereby waives any claim for damages arising from any such entry, taking, or removal.