SERVICE TERMS AND AGREEMENT FOR DUMPSTER RESERVATIONS
This Service Terms and Agreement for Dumpster Reservations (the “Agreement”) is between Waste Removal USA LLC (“Waste Removal USA”) and you (“Client” or “you”). This Agreement governs your solidification of dumpster services (the “dumpster services”) provided by an independent third-party dumpster company (the “Dumpster Company”) arranged by Waste Removal USA. BY CLICKING “I AGREE”, MAKING A RESERVATION, UTILIZING THE DUMPSTER SERVICES, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THIS AGREEMENT FOR AND ON BEHALF OF YOURSELF AND YOUR ORGANIZATION, AND ARE DOING SO, (B) YOU AND YOUR ORGANIZATION CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU AND THE ORGANIZATION SHALL BE BOUND BY THE TERMS OF THIS AGREEMENT
RESERVATIONS AND DEPOSIT
Reservations for Dumpster Rental Services may be made electronically through Waste Removal USA’s website – www.wasteremovalusa.com (the “Website”) or by phone. Until the reservation is confirmed by Waste Removal USA in writing by email, the reservation is subject to change by Waste Removal USA. Waste Removal USA is not responsible for any confirmation of your reservation that is lost or otherwise not received when booking via the internet or by phone. If you fail to timely pay any overages owed to Waste Removal USA when required in accordance with this Section 1, (a) you hereby authorize Waste Removal USA to, and Waste Removal USA may in its sole discretion, initiate entries to your check/savings account and/or credit card at the financial institution provided by you at the time of reservation for the payment of any such overage costs. Overage costs include but not limited to damage to the dumpsters, extra days, over weight capacity, trip fees.
CANCELLATIONS AND REFUND POLICY
(a) Any cancellation made more than 48 hours before delivery date will result in a 50% cancellation fee. Any cancellation made less than 48 hours of delivery date will result in no refund. In certain specific circumstances, Waste Removal USA may in its sole discretion refund some or all of the Costs that have been paid by you if a Service Dumpster procured by you for Dumpster Rental Services breaches its obligations under this Agreement to provide the Dumpster Rental Services (a “Performance Failure”). (b) If you want to cancel your reservation, you shall send written notice to: email@example.com. (c) You agree to pay any cancellation or change fees that you incur.
RATES AND PAYMENT
(a) All advertised rates are subject to change without notice and may be increased at any time by Waste Removal USA in its sole discretion. (b) All dumpster rentals have a 1 ton minimum weight limit. (c) YOU HEREBY AUTHORIZE WASTE REMOVAL USA TO INITIATE ENTRIES TO YOUR CHECK/SAVINGS ACCOUNT AND/OR CREDIT CARD AT THE FINANCIAL INSTITUTION PROVIDED BY YOU AT THE TIME OF RESERVATION, AND, IF NECESSARY, INITIATE ADJUSTMENTS FOR ANY TRANSACTIONS CREDITED OR DEBITED IN ERROR OR ADDITIONAL CHARGES. This authority remains in effect until Waste Removal USA is notified in writing to cancel it. (d) YOU AGREE NOT TO DISPUTE ANY FEES OR CHARGES IN CONNECTION WITH THE DUMPSTER RENTAL SERVICES THAT WERE OTHERWISE MADE CONSISTENT WITH THE TERMS OF THIS AGREEMENT, INCLUDING CANCELLATION FEES, EXTRA WEIGHT CHARGES, EXTRA DAY CHARGES, DAMAGE TO THE DUMPSTER. If you dispute any such fees or charges, then Waste Removal USA shall have the right to charge you, and you shall pay, any related fees charged by any financial institution involved with the dispute, any attorneys’ fees and expenses and court or arbitration costs associated with enforcing and collecting payment any such fees or charges and any other damages suffered by Waste Removal USA related to or arising from the Improperly Disputed Amounts.
FAILURE TO PAY OUTSTANDING BALANCE
Failure to pay Waste Removal USA outstanding balance within 14 days will lead to Materials Man Lien on your home (Mechanics Lien) pursuant to State Laws.
ADDITIONAL DAYS AND ADDITIONAL CHARGES
(a) CLIENT SHALL BE FULLY RESPONSIBLE FOR ANY OVERAGES INCURRED BY THE DUMPSTER RENTAL COMPANY. OVERAGES SUCH AS ADDITIONAL DAYS, EXTRA WEIGHT OVER WEIGHT CAPACITY, DAMAGE TO THE DUMPSTER, TRIP CHARGES, WILL BE CHARGED AT A RATE DETERMINED BY WASTE REMOVAL USA IN ITS SOLE DISCRETION. Waste Removal USA cannot guarantee the availability of additional days. Time and charges begin when the Service Dumpster is on the way to the drop-off location.
DUMPSTER RENTAL SERVICES
(a) Client acknowledges and agrees that Waste Removal USA is not a dumpster carrier and will not directly provide the Dumpster Rental Services. Waste Removal USA provides the Dumpster Rental Services through independent third party dumpster carriers (the “Carriers”) that are directly responsible for providing the Dumpster Rental Services to you. The container is heavy. Keep children away from it at all times. The contractor, or their agents are responsible for providing an area to support the weight of the container. Waste Removal USA will not be responsible for any claims or loss when the container is placed as directed by the contractor, homeowner, or their agents including driveway cracks, sinking, landscaping, and the like. Waste Removal USA nor the Carriers will be responsible for damage to the home, driveway, or surrounding areas. This includes but is not limited to oil leakage, fuel leakage, or any other fluids that come from either the dumpster or vehicle carrying the dumpster. When the container is placed on a public road, any accident, fire, or other incident involving the container will be the responsibility of the contractor or homeowner. Cost incurred to repair damages to the container other than normal wear and tear will be the responsibility of the contractor or homeowner. Waste Removal USA will not be responsible for losses due to acts of God or misuse of the container. (b) Images of dumpsters presented on the Website may differ from the actual Service Dumpsters.
(a) In situations where You engage Waste Removal USA to provide Dumpster Rental Services to an event (each, an “Event”) You own or are directly hosting or sponsoring, You hereby grant to Waste Removal USA a perpetual, fully paid, non-exclusive, and royalty-free license to utilize Your trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Marks”) within the scope of license (the “Scope”) defined in Section 7(c) below. (b) In situations where You engage Waste Removal USA to provide Dumpster Rental Services to an Event that is owned, hosted or sponsored by a third party, You covenant, warrant and agree to obtain from such third party a perpetual, fully paid, non-exclusive, and royalty-free license to utilize such third party’s trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Third Party Marks”) within the scope of license (the “Scope”) defined below. (c) For the purposes of this Agreement, the “Scope” shall mean Waste Removal USA’s use of the Marks or Third Party Marks, as the case may be, to advertise and promote Waste Removal USA’s Dumpster Rental Services by publicizing the fact that Waste Removal USA has provided such Dumpster Rental Services to or on behalf of such Event.
You shall indemnify and hold harmless Waste Removal USA, and each of its officers, directors, agents, contractors, subcontractors, licensees and employees (collectively referred to as the “Waste Removal USA Indemnitees”), and each of them, against and from any and all third party allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatever nature (including reasonable attorneys’ fees), and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise, (“Waste Removal USA Claims”), arising out of or in any way connected with (a) any actual or alleged violation or breach by you (including any of your employees. Contractors) of any of the terms and conditions of this Agreement, (b) violation of any law, rule or regulation, (c) use of the Website by you (including any of your employees or contractors) on behalf of yourself or any third party, (d) any failure to procure the license rights contemplated under Section 7(b) above, and (e) the acts or omissions of you (including any of your employees and contractors). If any Waste Removal USA Claim is made or any action or proceeding is brought against Waste Removal USA Indemnitees, or any of them, any such Waste Removal USA Indemnitee may, by notice to you, require you, at your expense, to resist such Waste Removal USA Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior approval of such Waste Removal USA Indemnitee. Your reimbursement, indemnity and contribution obligations under this Section 7 shall be in addition to any liability that you may otherwise have and shall extend upon the same terms and conditions to Waste Removal USA Indemnitees. You and Waste Removal USA agree that any dispute, claim or controversy at law or equity that arises out of this Agreement or the Dumpster Rental Services (a “Claim”) will be resolved in accordance with this Section 8 or as Waste Removal USA and you otherwise agree in writing.
GOVERNING LAW AND DISPUTE RESOLUTION.
(a) This Agreement shall be governed in all respects by the laws of the State of Georgia, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY CLAIM OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE DUMPSTER RENTAL SERVICES. (b) Arbitration and Class Action Waiver. (i) Arbitration. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND Waste Removal USA (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THIS AGREEMENT OR THE DUMPSTER RENTAL SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES IN DEKALB COUNTY, GEORGIA. YOU AND Waste Removal USA HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor Waste Removal USA will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.
You agree to take no action which is intended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company. Should you take action intended, or would reasonably be expected, to harm the reputation of Waste Removal USA, Waste Removal USA may recover attorneys’ fees and costs up to $20,000.
All written communication can also be sent by certified mail to:
Waste Removal USA
3715 Longview Drive
Chamblee, GA 30341