Commencement: This Service Agreement (“Agreement”) for temporary dumpster or dumpster hauling services (“Services”), unless otherwise specified in writing shall commence at the time the first order is placed, subject to acceptance by a redbox+ Dumpsters franchisee (“Contractor”).
Agreement Coverage: This Agreement may cover multiple redbox+ Dumpsters franchisees, rentals at multiple locations and is valid anytime BELFOR Property Restoration or BELFOR’s Representative (“Customer”) places an order on or after the date of this Agreement.
Agreement Term: This Agreement will remain in effect until terminated by Customer or Contractor (“Contract Term”) in writing.
Contract Acceptance: If this Agreement has not been signed by Customer, but a copy was sent to Customer, it shall be binding via performance of services effective upon the date of order. Customer’s acceptance of the placement of Contractor’s dumpster or other equipment pursuant to Customer’s order constitutes acceptance of the Terms and Conditions of this Agreement.
Terms Application: These Terms and Conditions shall apply to all contracts for the supply of Services by Contractor to Customer and shall prevail over any other documentation or communication by Contractor or Customer. Any variation to these Terms and Conditions shall be inapplicable unless agreed in a signed written communication by an officer or owner of Contractor and Customer.
Container Rental Pricing: Rental Price quoted includes (1) delivery, (1) pick up, and (1) landfill disposal, unless otherwise agreed upon in writing by Customer and Contractor.
Toilet Rental Pricing (Elite containers only): (1) Portable toilet servicing is included with your rental during the final container pickup. For longer rentals, additional servicing may be required. Each additional portable toilet servicing (emptying, cleaning, restocking) performed on-site prior to container pick-up will be $75 per service call.
Additional Fees:
o Weight Overage: An excess load charge of $80 per ton (or fraction thereof) will apply to weight that exceeds the quoted tonnage per container.
o Manipulation Required: A $75 charge will apply for handling of overfilled containers (loaded above the “do not load above this line” level), containers requiring rebalancing, removal of prohibited waste, or any other manipulation prior to transport.
o Change of Location: A $75 fee will apply for any change of location requested after arrival to original drop-off site.
o Unserviceable Conditions: A $75 trip charge will apply for unserviceable conditions (i.e. container not ready for pick-up, inadequate or insufficient room for container pick-up or drop- off, access to site or to container is blocked, etc.).
Taxes and Municipal Charges: Pricing quoted does not include applicable sales tax or municipality franchise fees and surcharges, if any.
Payment Terms: All fees payable to Contractor are due no later than 30 days after the date of Contractor’s invoice to Customer. Contractor may impose and Customer agrees to pay a late fee for all late payments at the rate of 1.5% per month (18% annual) after payment is due. If any payment is not made when due, Contractor may terminate or suspend service under this agreement on oral or written notice to Customer and recover any damages including, but not limited to, past due amounts, late fees, attorney’s fees, collection costs and expenses, and interest.
Payment Dispute: If Customer fails to pay Contractor for disposal services or equipment or in the event Customer is in default of this Agreement, then contractor may enter Customer’s premises and remove Contractor’s equipment and any materials deposited therein, or may leave equipment on site, without providing service, until payment in full is made. Customer shall remain liable for all monthly fees incurred during suspension of service for non-payment and possibly a resume service fee at Contractor’s discretion. Customer shall indemnify, defend, and hold Contractor harmless from any claims and costs for the removal of Contractor’s equipment and the removal of Customer’s materials from Contractor’s equipment. If Contractor retains legal counsel or takes legal action to enforce any provision of this Agreement, then Customer shall be liable to Contractor for all legal, court and collection costs including reasonable attorney’s fees.
Authority to Use Equipment: Customer has the legal right and full authority to enter into and perform its obligations under this Agreement.
Adequate Access to Property: Customer warrants that the access to site and location designated for placement or pickup of any container is adequate and capable of bearing the weight of the equipment and of vehicles required to perform the service. Customer also warrants sufficient overhead and side clearance to accommodate the placement and movement of vehicles/containers.
Do NOT Violate Load Limits: Customer shall not overload any container that Contractor will be required to haul, nor use Contractor’s equipment for incineration purposes. Under no circumstances shall any container be filled above the top of the container.
Liability for Overloaded or Misused Equipment: Customer is liable for any loss, damages, or costs in excess of reasonable wear and tear or as a result of overloaded equipment. Customer understands that Contractor cannot weigh the container prior to removal of the loaded container due to the expense involved and thus the liability of the weight is fully held by the Customer, including any overweight tickets that Contractor may incur.
Obligation to Safekeep Equipment: Customer shall be responsible for the safekeeping of Contractor’s equipment.
Liability for Damage Beyond Normal Wear and Tear: Any damage, beyond normal wear and tear, and any associated repair and/or replacement costs to Contractor equipment while on-site will be the responsibility of the Customer unless said damage was caused by Contractor. Damage may occur but will not be limited to: overweight debris in Contractor equipment, moving of equipment on site with heavy equipment or other means, paint/graffiti, any improper use of equipment, trash compaction services, 3 rd party haulers, falling debris from Customer jobsite activities, and any and all activities that may cause damage to Contractor
equipment beyond normal wear and tear.
Do NOT Move or Alter Equipment: Customer shall not remove or move Contractor’s equipment or make any alterations or improvement without the expressed written consent of Contractor. Any movement by use of heavy equipment or other means which may cause damage to Contractor equipment is prohibited. Pushing, pulling, or moving dumpsters with heavy equipment, commercial, or private vehicles may cause damage to the rear door & prevent it from latching properly. Customers who move Contractor equipment will be liable for any and all repairs of Contractor equipment. These damages may include liability for sheet metal or rear door hinge repair upwards of $6000.
Permits: Customer is responsible for obtaining from relevant municipal and/or county authorities any permits required for the use and placement of portable toilets and containers at the site, and for ensuring that the location of rented equipment complies with all applicable ordinances, regulations, etc.
Fines and Fees: Customer is solely and exclusively liable for any and all fees, fines, property damage, clean-up costs, and/or other costs associated with such removal of materials. Customer is responsible for any fines, impounds, or costs incurred from the state, county, or municipal authorities while dumpster is on Customer’s job site.
Do NOT use Crushing Services: Customer agrees that the use of 3rd party services, such as Smash My Trash, Dumpster Crushr, or Dumpster Devil, using motorized rotary grinding hydraulic equipment to compact, crush, or reduce the volume of waste within waste equipment is strictly prohibited as it will cause long-term, and sometimes, immediate damage. These services/practices can also cause the waste hauler truck to be over legal gross weight limit. Use of any 3 rd party trash compaction services will result in a $500 fee.
Awareness of Pinch Points: Customer is aware of pinch points created by objects that move and come into direct or close contact with Contractor’s equipment and when Customer or anyone under his control is reaching in to operate a control or reaching for an object, Customer shall consider where body parts are located. If it is within a pinch point, Customer shall identify an alternative position to avoid injury or make sure all movable parts are fixed in place.
Facility Locks: If Customer’s facility is locked, Customer herby authorizes Contractor, if necessary, at Contractor’s discretion, to remove any type of locks by whatever means needed in order to access its equipment at any time.
Prohibited Items: Customer represents and warrants that the materials placed in the container shall be permitted waste and shall not contain any of the following:
o Hazardous, Toxic or Radioactive Waste
o Asbestos containing material
o Lithium-Ion Batteries
o Chemicals/Solvents
o Paint Containers/Paint
o Fluorescent or Mercury Bulbs
o Liquid Waste
o PCB Waste/Transformers
Special Items: If you need to dispose of any of the following elements, please contact Mark at 678-206-8272, and he will determine if we can take it and what will be required.
o Mattresses
o Lead Acid Batteries
o Water Heaters
o 55 Gallon Drums
o Machinery containing gas or oil
o Large Appliances (Refrigerators, Washers, Dryers, etc.)
o Air Conditioners, Refrigerators or Appliances with Freon
o Propane, Gas or Septic Tanks
o Railroad Ties
o Tires
Comingling Debris Types: We can only pay reduced landfill fees if inert materials are clean. Any C&D or household waste added to an inert load will change the tonnage fees to the C&D or household rate instead of the inert rate.
Reasonable Care: Contractor will exercise reasonable care in the performance of contracted services
Limited Liability: Contractor (including the franchisor, any parents, affiliate, officers, directors, employees, or other agents of Contractor) shall not be liable to Customer or any other party beyond the remedies set forth herein including any liability for Contractor’s equipment malfunction or unavailability for use.
Damage from Equipment: Contractor will not have any liability for any damages arising from the use of the Contractor’s equipment.
Losses from Business: Contractor will not be liable for lost profits, loss of business, or other incidental, indirect, consequential, special, or punitive damages or for any claim by any third party except as expressly provided herein. This limitation shall apply regardless of the cause or circumstance giving rise to such loss, damage, or liability, even if such loss, damage or liability is based on negligence or other torts or breach of contract.
Property Damage or Injury: Contractor shall not, in any case or under any circumstance, be liable or responsible for any damage to property or injury to persons or death suffered in the use, operation, and/or handling of Contractor’s equipment covered by this Agreement or otherwise in connection therewith, no matter how caused or occasioned. Customer assumes all risk and liability for and in connection with the Contractor’s equipment covered by and during the terms of this Agreement or any holdover period, and Customer indemnifies and holds Contractor harmless from all claims, lawsuits, loss, injuries (including death), liability and expenses, including attorney’s fees, by reason of Customer’s use, operation, transportation, and/or handling of the Contractor’s equipment, excepting any loss due to the gross negligence or intentional misconduct of Contractor. Customer has been given and understands operating and safety instructions.
Hold Harmless: Customer shall indemnify, defend, and hold Contractor harmless from and against all claims and liabilities for injury or death to persons or loss or damage to property arising out of Customer’s use, operations, or possession of the equipment. Contractor reserves the right to remove (e.g., dump out) materials from its equipment in instances where Contractor determines, in its sole discretion, that its equipment is overloaded, by either weight or volume, or in instances of Customer’s nonpayment
Damages to Property: Contractor shall not be responsible for any damage to pavement or any sub-surface or any access route employed to perform the services contracted. Contractor shall not be responsible for any incidental damage to lawns, fences, or shrubbery that may occur in connection with the performance of the contracted services. Customer assumes all liability for any damage to pavement, lawns, fences, mailboxes, irrigation systems, shrubbery, walls, corrals, gates, or overhead objects such as electrical wire, overhanging roof lines or eaves, and trees, whether such obstacles are within Customer’s lot line or a neighboring property.
No Waiver: A failure by Contractor to enforce any of the Terms and Conditions of this Agreement does not act as a waiver of any of the other provisions of this Agreement.
We inform you that this site uses own, technical and third parties cookies to make sure our web page is user-friendly and to guarantee a high functionality of the webpage. By continuing to browse this website, you declare to accept the use of cookies.