TERMS OF SERVICE
Fleur de Merde, d/b/a Dependable Dumpsters, including its affiliates and subsidiaries (the “Company”) and ___________ (Customer), agrees to rent dumpster equipment to customer on the basis of the following terms and conditions which shall apply to. and govern both commercial and residential rentals. By clicking “I agree” at the bottom of this page, the Customer agrees to all terms and conditions of this Agreement.
1. Acceptance The terms and conditions stated herein shall apply to and govern all Rental Documents, including any agreement, order and/or rental that may result, and these terms and conditions, along with the Rental Documents, constitute the entire agreement between Company and Customer.
2. Contract Company processes all Equipment rental orders either via telephone or via our website, www.dependable-dumpsters.com.Customer acknowledges and agrees that upon Customer’s placement of an order for a rental and pick up of Equipment (and Company’s acceptance of such order, then a binding and enforceable rental agreement shall exist between Company and Customer with respect to such Equipment based upon these terms and conditions, as well any applicable Rental Documents. All rental orders accepted by Company are accepted with the understanding that each such order is subject to Company’s ability to obtain and furnish the Equipment to Customer.
Customer agrees to describe the material which it is put in the Equipment. To the extent that what is put in the Equipment is different from what Customer described, Customer acknowledges that the Customer will be liable for any additional charges incurred in disposing of these materials.
3. Delivery and Pick Up of Equipment. Company will use commercially reasonable efforts to ensure timely delivery and pick up of Equipment; provided that, due to circumstances beyond our control, including, but not limited to, inclement weather, hazardous 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. Company 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 Company, which may be withheld within the sole discretion of Company. In the event that Company attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond Company’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, including but not limited to 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 Company shall be entitled to an dry run inconvenience fee. The dry run inconvenience fee is $150.00. In addition, , if Company incurs additional charges, fees, fines, penalties costs and/or expenses related to the dry run, then Company may increase the dry run inconvenience fee in order to recoup any such charges, fees, fines, penalties costs and/or expenses. Customer acknowledges and agrees that Company is authorized and entitled to charge to Customer’s credit card the amount of any such dry run inconvenience fee.
Company agrees to take into consideration the desires of Customer, but Customer acknowledges that the location of the placement of the dumpster is at the sole discretion of Company. Customer agrees to not impede the placement of the dumpster or its ingress or egress and agrees to not lean items against the dumpster. Customer agrees it is its responsibility for any damage occurring to the dumpster while it is at its location, normal wear and tear accepted.
The Customer further acknowledges that the Company has an absolute right to refuse to deliver a dumpster or refuse to remove a dumpster with Prohibited Substances or other items or substances for any reasonable reason.
4. Prices and Payment Terms. Prices for Equipment rentals are stated on the Website, as modified from time to time within the sole discretion of Company; provided that applicable prices for each Equipment rental transaction will be confirmed by Company at the time of Customer’s placement of an order for such Equipment. Except as otherwise mutually agreed in writing between Customer and Company, Customer will pay Company upon 5 days receipt of invoice via a check or certified funds to the address listed on the address. If Customer fails to pay within 5 days of receipt of invoice or 14 days after Company picks up Equipment, Customer agrees to pay a late charge of $15 per day.
The Customer acknowledges that if the dumpster, at pickup, contains Prohibited Substances (defined below) or items or substances that cause the Company to incur additional charges for its disposal, the Company may charge the Customer an additional fee in addition to any other remedies it may have.
Customer acknowledges that Company does not accept cash. If Customer decides to pay by check, by agreeing to the terms of this Agreement, Customer expressly authorizes Company to convert check to payment via an electronic debit or ACH transfer from Customer’s account for the amount owed and for any additional charges incurred for reasons contained in this Agreement. Customer agrees to allow Company to debit Customer’s account for the amount owed on the date Company receives the check or reasonably thereafter.
Customer agrees to pay all reasonable costs of collection, including attorney’s fees, incurred by Company in the cost of collection of any account under this Agreement.
5. Cancellation and Cancellation Fees. Any rental order, once placed with and accepted by Company, may not be cancelled by Customer except upon the consent of Company, which may be withheld within the sole discretion of Company. In the event that Company agrees to accept a cancellation after acceptance of Customer’s order, then Company 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 and Height Restrictions and Overload Fees. Customer is solely responsible for complying with the weight and height restrictions applicable to the rental Equipment. Customer 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 determinative of 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 hereby acknowledges that Company 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, Company 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 Company 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 Company is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to Company (including Customer’s reimbursement of all such Overload Expenses to Company), Customer will pay Company 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 Company. Customer acknowledges and agrees that all Overload Fees assessed by Company against Customer may be charged to Customer’s credit card.
7. Relinquishment. Customer agrees, upon acceptance of this agreement, to forever relinquish any rights it had or may have had in any property or materials it places in the Equipment.
8. Permits. Customer acknowledges 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 Company that Customer (and not Company) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment.
9. 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, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, 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 Company’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.
10. Confidentiality. Customer acknowledges that its agreement with Company, including these Terms and Conditions, is confidential and proprietary and Customer agrees to not divulge the contents or terms of any agreement with Company to any third parties.
11. Indemnification. Customer agrees to indemnify, defend and hold harmless Company, 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 and/or driveways caused by the Equipment; and (h) Customer’s breach of the these terms and conditions or the terms of any of the Rental Documents.
12. Waiver; Limitation of Liability and Disclaimer of Warranties. CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST COMPANY RELATING TO OR ARISING FROM CUSTOMER’S RENTAL OF THE EQUIPMENT AND/OR COMPANY’S PERFORMANCE UNDER THE RENTAL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER’S PROPERTY, PAVEMENT, CURBING DRIVEWAYS, WALKWAYS, LANDSCAPING AND/OR LAWN RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER’S PROPERTY. THE RENTAL EQUIPMENT SHALL BE 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 MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET YOUR REQUIREMENTS.
13. Governing Law; Severability. Any and all disputes arising from or in connection with the Equipment rental transaction between Company 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 Commonwealth of Kentucky..
14. Jurisdiction and Venue. Any action arising from or in connection with the Equipment rental transaction between Company 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 litigated exclusively in Jefferson County, Kentucky.
15. Assignment. Neither this rental transaction (including the Rental Documents), nor any part or portion of Customer’s performance hereunder is assignable by Customer in whole or part without the prior written consent of Company, which may be withheld within the sole discretion of Company.
16. Entire Agreement and Modification. Upon Company’s acceptance of the Customer’s order for the rental of the Equipment, the terms and conditions set forth herein and as set forth in the Rental Documents (including, but not limited to all requirements as set forth in Company’s Website), shall constitute the entire agreement between Customer and Company, and no statement, correspondence, or other terms shall modify or affect the terms hereof or thereof. No change in these terms and conditions will be valid unless approved by Company in writing.