Terms & Conditions For redbox+ Dumpsters of Metro Detroit

Term: The term of this Service Agreement (the “Agreement”) for temporary dumpster services (the “Services”), unless otherwise specified in writing in these Terms and Conditions, the Online Order Form, the Price Proposal, Invoice, Receipt, is for 7 days, beginning the date the dumpster is delivered by redbox+ of Metro Detroit North (“Contractor”). In the event this Agreement has not been signed by the Customer, but a copy was sent to Customer, it shall be binding via performance of services effective upon the date of order.

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.

Extended Rental Policy/Fee: In the event the dumpster rental exceeds 7 days, the Customer agrees to pay an additional $15 per day extended rental fee, up to 7 additional days. After 14 days, a new rental period will begin and the Customer agrees to be charged for the Rental Price quoted.

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.

Taxes and Municipal Charges: Pricing quoted does not include applicable sales tax or municipality franchise fees and surcharges, if any.

Customer’s Duties and Liability: The Customer has the legal right and full authority to enter into and perform its obligations under this Agreement. Customer shall be responsible for the safekeeping of Contractor’s equipment and for providing a secure and safe work environment for all parties. Customer shall not remove or move the equipment or make any alterations or improvement without the expressed written consent of Contractor. Customer shall not overload the equipment, nor use it for incineration purposes. Customer is liable for any loss, damages or costs in excess of reasonable wear and tear or as a result of overloaded equipment. Under no circumstances shall any container be filled above the top of the container. Total weight added of equipment can under no circumstances exceed 10 tons. 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, fees for downtime, and federal, state or local fines and fees that Contractor may incur.

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.

Customer will NOT move dumpsters from the original delivery location by any means. Any movement by use of heavy equipment or other means which may cause damage to Contractor equipment is prohibited. Customers who move Contractor equipment will be liable for any and all repairs of Contractor equipment.

Additionally, customer acknowledges 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 will cause long-term, and sometimes, immediate damage. Can also cause the waste hauler truck to be over legal gross weight limit. During the rental period, the customer is liable for any and all damages caused by these services and all associated legal fees.

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, 3rd 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.

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. 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. If Customer’s facility is locked, Customer hereby 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.

Applicable Fees:
– Weight Overage: An excess load charge of $55 per ton (or fraction thereof) will apply to weight that exceeds the quoted tonnage per container.
– Manipulation Required: A $150 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.
– Cancellation: A $100 cancellation fee will apply for cancellations received within less than 24 hours from scheduled delivery.
– Change of Location: A $125 fee will apply for any change of location requested after arrival to the original drop-off site.
– Unserviceable Conditions: A $250 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).

Adequacy of Access and Service Site: Contractor will exercise reasonable care in the performance of contracted services. Customer warrants that the access to site and location designated for placement of Contractor equipment 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. 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.

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. Contractor will not have any liability for any damages arising from the use of the Contractor’s equipment. 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. 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 extended rental period as noted above, 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.

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. Waste Material and Prohibited/Special Exception Items: Customer represents and warrants that the materials placed in the container shall be permitted waste and shall not contain any Prohibited or Hazardous waste or materials described herein. The following materials may not be placed in equipment unless otherwise agreed to in writing. Special exceptions may require an additional fee.

Dirt, Soil, Asphalt, Concrete, Stone Machinery containing fuel/oil
Hazardous/Toxic/Radioactive Wastes Water Heaters
Chemicals/Solvents PCB Waste – Transformers
Paint Containers/Paint 55-gal Drums
Computers, TVs, Electronics, Electronic Accessories Oil Container
Medical Waste Air Filters

Propane Tanks Railroad Ties
Septic Tanks Tires
Air Conditioners, Refrigerators or appliances with Freon Gas Tanks
Batteries Liquid Waste
Fluorescent & Mercury Bulbs Mattresses
Large Appliances (Refrigerators, Washers and dryers, etc.)

Please NOTE: Customer may be required to remove any Prohibited Materials/Hazardous Waste from containers prior to pick up and/or may be levied a trip charge unless redbox+ chooses to dispose of Prohibited/Hazardous Waste. You agree to reimburse 125% of any cost of disposal incurred by redbox+ of Metro Detroit of Prohibited Materials/Hazardous Waste.

Payment terms: Rental fees are payable at the time of order per the Payment Terms on the Website Order Form. Any applicable weight or daily overages will be charged at the time of container pickup and contents disposal. Customer agrees to allow Contractor to automatically withdraw payment from Customers’ account via ACH or credit card for applicable weight overages, daily overages and any outstanding fees related to the equipment rental. 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. In the event that any payment is not made when due, Contractor may terminate or suspend service under this agreement on oral or written notice to the Customer and recover any damages including past due amounts, late fees, attorney’s fees, collection costs and expenses and interest. Accepted payment methods: Master Card, Visa, Amex, check, or funds transfer.

Payment Dispute: In the event Customer fails to pay Contractor for disposal services or equipment or in the event Customer is in default of this Agreement, 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.

General: These Terms and Conditions shall apply to all contracts for the supply of Services by the Contractor to Customer and shall prevail over any other documentation or communication by the Customer. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Contractor.

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