Terms and Conditions for Dumpster Rentals, 03/26/2021

Top Dumpster Rental, LLC, a limited liability company based in Winchester, VA, including its subsidiaries and affiliates (“Top Dumpster Rental”), agrees to lease its dumpster fixtures (“Fixtures”) to customer (“Customer”) in accordance with the terms and conditions as described herein. Except as explained herein, or as conveyed otherwise by Top Dumpster Rental to Customer, the terms and conditions that follow, not excluding the Lease Documents (as detailed herein), shall govern and apply to both residential and commercial rentals.

  1. Contract Formation; Acceptance. Such a transaction, including Top Dumpster Rental’s leasing of Fixtures to Customer, is specifically made conditional upon and limited to the Customer’s agreement and acceptance of each of the terms and conditions expressed herein and as detailed in any related lease document, including, but not limited to any invoice, acknowledgment, proposal, and/or quotation (collectively described hereinafter as the “Lease Documents”). The terms and conditions expressed herein shall govern and apply to all Lease Documents, including any arrangement, rental and/or order that may culminate here from, and these terms and conditions, combined with the Lease Documents, constitute the whole agreement between the Customer and Top Dumpster Rental. Any of Customer’s terms noted in any release, purchase order, request for quotation, acknowledgment, or other types of Customer documents that are different from or in addition to the terms herein contained are hereby specifically excluded, rejected, and objected to, and shall be of no effect or force.
  2. Process of Ordering. Top Dumpster Rental acquires and processes all Fixture rental orders via either our website, located at www.topdumpsterrental.com (the “Website”) or telephone. Customer recognized and agrees that once Customer has placed an order for lease of Fixtures (either via the Website or telephone), and Top Dumpster Rental’s acceptance of the order, then an enforceable and binding lease agreement shall exist between Top Dumpster Rental and Customer with respect to such Fixtures founded upon these terms and conditions, as well as all applicable Lease Documents. All lease orders accepted by Top Dumpster Rental are agreed to with the caveat that each order is contingent upon Top Dumpster Rental’s ability to acquire and furnish Fixtures to Customer. Customer is wholly obligated to contact Top Dumpster Rental (either via the Website or telephone) as a means of initiating the start of services, in addition to the final pick-up of the Fixtures (as defined in the terms of Section 4 herein). Customer agrees that all telephone numbers adhered to and/or posted on the Fixtures belong to third parties and must not be employed as a means of attempting to contact Top Dumpster Rental.
  3. Delivery and Pick-Up of Fixtures. Top Dumpster Rental will employ commercially valid efforts to provide prompt delivery and pick-up of Fixtures; contingent upon, due to reasons beyond our control, including, but not bound by, equipment failure, delays at landfills, motor vehicle accidents, traffic delays, hazardous driving conditions and/or roads, and inclement weather, we are unable to and do not guarantee delivery dates or times. Top Dumpster Rental will not accept liability to Customer under any circumstances for damages, losses, expenses, and/or costs incurred by Customer in any way that relates to delays such as these. Once Fixtures are delivered to the location as specified by Customer, Customer will not transport, move or attempt to transport or move (either indirectly or directly) the Fixtures from the specified site without providing notice ahead of time and receiving consent from Top Dumpster Rental, which can be denied at the complete discretion of Top Dumpster Rental. If Top Dumpster Rental tries to deliver or pick up Fixtures and is not able to do so for any reason beyond the scope of Top Dumpster Rental’s control, including, but not bound by the storage of prohibited substances or items in the Fixtures, inaccessible driveways, locked parking lots, fences, or gates, damaged Fixtures, blocked access to the pick-up or delivery location, low lying tree branches or power lines, and/or overloaded Fixtures (referred to collectively as “dry run”), then Top Dumpster Rental shall be permitted to acquire a dry run inconvenience charge. The industry standard for such a charge is $150.00; provided that, if Top Dumpster Rental incurs additional expenses, costs, penalties, fines, fees and/or charges in relation to the dry run, then Top Dumpster Rental shall increase the dry run inconvenience charge in an attempt to recoup any such expenses, costs, penalties, fines, fees, and/or charges. Customer recognizes and agrees that Top Dumpster Rental has the authorization and entitlement to charge Customer’s credit card with the full amount of such dry run inconvenience charges. Customer accepts sole responsibility for any expenses, costs, charges, assessments, fines, penalties, and fees asserted by a third party (including, but not limited to, a towing company) incurred in any way by the use, placement, and/or movement of the Fixtures. Additionally, Top Dumpster Rental may retrieve the Fixtures at any time if any state, country and/or local government or agency, or state, country and/or local law requires them to do so.
  4. Payment Terms and Prices. Prices for Fixtures rentals are explained on the Website, as revised at various times within the complete discretion of Top Dumpster Rental; provided that appropriate process for each Fixtures rental transaction shall be verified by Top Dumpster Rental at the time Customer places the order for such Fixtures. Except as variously mutually agreed between Top Dumpster Rental and Customer in writing, Customer shall pay Top Dumpster Rental monthly for the duration of the applicable rental period via credit card payment. Customer hereby fully gives authority to Top Dumpster Rental to retain Customer’s credit card information and charge Customer’s credit monthly for all charges, including rental fees, to which Top Dumpster Rental is entitled hereunder. Customer recognizes and agrees that such authorization of credit card charges shall remain effective in full force and valid throughout the applicable rental period and for up to 120 days after the final day of Customer’s Fixtures rental. If at any point during a rental period, the authorization for Top Dumpster Rental to charge Customer’s credit card is canceled and/or revoked by any third party or Customer, then Top Dumpster Rental, by its own discretion, may terminate the Fixtures rental immediately and retrieve the Fixtures without any liability to Customer or notice, and without waiver of or prejudice to and of Top Dumpster Rentals remedies against Customer.
  5. Cancellation Fees and Cancellation. All rental orders, once established by Customer and accepted by Top Dumpster Rental, may not be broken off by Customer except with the express consent of Top Dumpster Rental, which the company may withhold at their sole discretion. If Top Dumpster Rental should choose to agree to cancellation after accepting an order from a Customer, then Top Dumpster Rental will be entitled to a termination fee (which they may charge to the credit card of the Customer) of $25.00 when the termination occurs before 3:00 p.m. on the business day prior to the scheduled delivery and a termination fee of $150.00 if the termination occurs after this time.
  6. Overload Fees and Weight Restrictions. Customer is entirely responsible for abiding by the restrictions on weight applicable to the rental Fixtures. Customer recognizes that: (a) rain, water, snow, and ice that a Customer permits to accumulate in the Fixtures may increase (and in some situations) exceed the weight restriction for said Fixtures; (b) state, county, city, municipal, and/or local ordinances, rules, regulations, and laws also govern and limit the amount of material and/or weight that may be stored in and/or transported in the Fixtures legally; (c)The volume and/or size of the specific unit/item of Fixtures does not determine the applicable designated weight limitation and weight specification for such a unit/item of Fixtures; and (d) Every unit/item of Fixtures has a designated weight limitation and corresponding weight specification (which may vary, depending on the type and size of the Fixtures, in addition to other factors). Customer recognizes that Customer is entirely and specifically responsible for determining the restrictions on weight that apply to Customer’s Fixtures and for complying strictly with those restrictions. This includes but is not bound by tarping and/or covering the Fixtures so as to prevent ice, snow, water, and rain accumulation in the Fixtures. Customer hereby accepts that Top Dumpster Rental incurs expenses and charges correlating to the transport of loaded Fixtures to landfills and that these expenses and fees are based on the weight of the Fixtures. If Customer does not comply with applicable restrictions on weight, Top Dumpster Rental may incur costs for fines, penalties, expenses, and/or charges from a third party or landfill, whether public or private, including, but not bound by consequential damages, penalties, and any traffic fines (collectively referred to as “Overload Expenses”). If Top Dumpster Rental should incur such Overload Expenses in relation to Customer’s non-compliance with appropriate weight restrictions, then, additionally to every remedy that Top Dumpster Rental is entitled and additionally to every other expense, charge, fee, and amount due from Customer to Top Dumpster Rental (which includes reimbursement of Customer’s Overload Expenses to Top Dumpster Rental), Customer must pay Top Dumpster Rental a charge not exceeding $200.00 per ton in excess of the appropriate weight restriction for the Fixtures (“Overload Fee”), as decided upon at the complete discretion of Top Dumpster Rental. Customer recognizes and accepts that all Overload Fees determined by Top Dumpster Rental shall be charged to their credit card.
  7. Permits. Customer agrees that some uses and/or locations of the Fixtures may require a certification, license, permit or other state, county, city, municipal, and/or local approval regarding the transportation, storage, placement, and/or possession of the Fixtures (collectively called a “Permit” hereinafter). Customer warrants and represents to Top Dumpster Rental that Customer (and not Top Dumpster Rental) is exclusively and solely liable for acquiring and maintaining every necessary and required Permits regarding Customer’s use and possession of the Fixtures. If Customer fails to acquire and/or maintain these required and necessary Permits, Top Dumpster Rental may retrieve the Fixtures without issuing notice to Customer and without any responsibility to Customer.
  8. Prohibited Substances. Customer recognizes that federal, state, county, city, municipal and/or local ordinances, rules, regulations and laws prohibit storing specific substances, materials and items in the Fixtures (“Prohibited Substances”). Prohibited Substances are not limited by but may include hazardous and/or toxic substances and materials, refrigerants, adhesives, fuels, food waste, water tanks and water heaters, industrial drums, resins and inks, contaminated soils and absorbents, infectious waste, asbestos, oils, lacquers and paints, chemically treated lumber, railroad ties, tree stumps, batteries, and tires. A list of certain Prohibited Substances without exclusion is provided on Top Dumpster Rental’s Website for review by Customer. Customer recognizes and accepts that Customer is entirely and solely liable for abiding by all laws regarding Prohibited Substances, and Customer is responsible for all penalties, fines, losses, damages, expenses and/or charges (which include, but are not bound by, traffic penalties and fines) in relation to Customer’s transportation and/or storage of Prohibited Substances in the Fixtures.
  9. Indemnification. Customer concedes to indemnify, defend and hold Top Dumpster Rental, including its successors, subsidiaries, affiliates, agents, employees, members, directors, officers and assigns from and counter to and all liabilities, costs, expenses, charges, penalties, fines, debts, judgments, attachments, liens, setoffs, damages, causes of action, actions, demands, suits, counterclaims and other claims of whatsoever nature and kind (called “Losses”) alleged or asserted by any third party related to or arising from: (a) expenses, costs, charges, assessments, fines, penalties and fees asserted by a third party (including, and not limited to a towing company) incurred in connection with the use, placement and/or movement of the Fixtures; (b) Customer’s violation of the terms of any of the Lease Documents or these term and conditions; (c ) physical damage to underground utilities, septic systems, irrigation systems, wells, curbs, pavement, walkways, driveways, roadways and/or streets caused by the Fixtures; (d) property damage and/or personal injury relating to Customer’s possession and/or use of the Fixtures; (e) destruction and/or damage of the Fixtures during the agreed upon rental term; (f) theft or loss of the Fixtures; (g) Customer’s storage or use of Prohibited Substances in the Fixtures; (h) Customer’s failure to acquire and/or maintain all required Permits; and (i) Overload Expenses.
  10. Waiver; Disclaimer of Warranties and Limitation of Liability. BARRING THE OCCURRENCE OF THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF TOP DUMPSTER RENTAL, CUSTOMER HEREBY WAIVES ANY AND ALL LOSSES AND CLAIMS AGAINST TOP DUMPSTER RENTAL ARISING FROM OR RELATING TO CUSTOMER’S RENTAL OF THE FIXTURES AND/OR TOP DUMPSTER RENTAL’S PERFORMANCE UNDER THE LEASE DOCUMENTS, INCLUDING, BUT NOT BOUND BY, ANY DAMAGE TO PROPERTY BELONGING TO THE CUSTOMER, UNDERGROUND UTILITIES, SEPTIC SYSTEMS, IRRIGATION SYSTEMS, WELLS, LAWN, LANDSCAPING, WALKWAYS, DRIVEWAYS, CURBING AND/OR PAVEMENT ARISING FROM OR RELATED TO THE TRANSPORT OR STORAGE OF THE FIXTURES IN OR ON PROPERTY BELONGING TO THE CUSTOMER, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE FROM STAINS OR LEAKS TO PROPERTY THE CUSTOMER OWNS THAT RELATES THE CUSTOMER’S USE OF THE LEASED FIXTURES. THE LEASED FIXTURES SHALL BE PROVIDED “AS IS, " AND TOP DUMPSTER RENTAL MAKES NO CUSTOMER WARRANTIES, EITHER IMPLIED OR EXPRESS, INCLUDING, BUT NOT BOUND TO, WARRANTIES AS TO MERCHANTABILITY, ABILITY TO BE USED FOR ANY PARTICULAR PURPOSE OR THAT THE FIXTURES WILL MEET CUSTOMER’S REQUIREMENTS.
  11. Governing Law; Severability. Should any disputes arise in connection with or from the Fixtures lease transaction between Top Dumpster Rental and Customer, including, but not bound by, the terms and conditions herein, the Lease Documents and/or Customer’s use and possession of the Fixtures, will be construed according to and governed by the laws of the state of Virginia, U.S.A., including all matters pertaining to performance, validity and construction, without submitting effect to the provisions and laws of such State. Any provision hereof that could be prohibited by relevant law will be ineffective according to said prohibition and without making the remaining provisions hereof invalid.
  12. Venue and Jurisdiction. All action resulting from or connected to the Fixtures lease transaction between Customer and Top Dumpster Rental, including, but without limitation to, these terms and conditions, the Lease Documents and/or Customer’s use and possession of the Fixtures, will be started and prosecuted in the Court of Common Pleas of Winchester-Frederick County, Virginia, U.S.A., or in the United States Federal District Court for the Western District of Virginia and Customer hereby waives any defense or objection based on the inaccurate jurisdiction and/or forum non conveniens.
  13. Assignment. Neither any portion of this lease transaction (including the Lease Documents) nor any portion or part of Customer’s performance hereunder is interchangeable by Customer in part or whole without written documentation of prior consent by Top Dumpster Rental, Which can be withheld by exclusive discretion of Top Dumpster Rental.
  14. Reservation of Rights. Top Dumpster Rental intentionally reserves all remedies and rights which are available to it in equity or at law.
  15. Entire Agreement and Modification. Upon Top Dumpster Rental’s acceptance of the order from the Customer for the lease of the Fixtures, the terms and conditions set forth in the Lease Documents and set forth herein (including, but not bound by the requirements as determined by the Top Dumpster Rental Website), will constitute the complete agreement between Top Dumpster Rental and Customer, and no terms, correspondence, or other statements shall affect or modify the terms thereof or hereof. No change of these terms and conditions shall be legally binding unless approved by Top Dumpster Rental in writing.

TOP DUMPSTER RENTAL

Customer’s Duties and Liability Waiver

540-383-4062

Locally Owned and Operated www.topdumpsterrental.com

Customer agrees that it has the control, custody and care of the Fixtures owned by Top Dumpster Rental and accepts liability for the Fixtures and their contents for the time it is on property owned by the Customer. Therefore, Customer acknowledges indemnity and holds harmless Top Dumpster Rental against and from every possible claim for damage to or loss of property, injury or death of any individual or individuals that arises or results from any type of customer possession, operation or use of any Fixtures provided under this contract. Customer agrees that Top Dumpster Rental employees may operate company vehicles on property that they own and accepts liability for any type of damage that may result from a Top Dumpster Rental vehicle. This may include damage to landscaping, fences, culverts, roads, and other areas that the vehicle could contact while servicing Customer’s Fixtures. Also, Customer shall agree that they will not put liquids in the container and that all waste they place in the Fixture will be non-hazardous. Furthermore, stereo equipment, radios, video game consoles, VHS/DVD players, televisions, fax machines, printers, peripheral devices, monitors, computers (notebooks, laptops, desktops, etc.) and tires are not acceptable in these Fixtures.

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Customer signature Date

Crucial Information for Customer!! Top Dumpster Rental will charge an extra tonnage fee to Fixtures that exceed 2 tons when weighed for disposal. This additional fee will be $30.00 for each ton of weight over the initial two tons. If your Fixture goes beyond the 2-ton cap, Top Dumpster Rental shall charge this extra tonnage fee to your credit card. A copy of the ticket verifying the weight of the Fixture at the disposal facility will be provided upon the Customer’s request.

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Customer Signature Date

Customer Name______________________________________

Service Address______________________________________