Terms and Conditions of Service
DEFINITIONS.
“ODD” means On Demand Dumpster LLC. “Customer” means the
individual or entity designate as customer in the service
information section of this Agreement. “Service Location”
means Customer’s premises where the equipment is located as
indicated on this Agreement. "Truck" as used in this
Agreement shall mean all vehicles used for the transport,
drop-off and pick-up of containers/dumpsters. “Equipment”
as used in this Agreement shall mean all
containers/dumpsters used for storage and handling of Waste
Materials. “Waste Materials” include all non-hazardous,
recyclable and acceptable items, not listed on the
prohibited items list, that are generated at the service
location and designated as waste by Customer or Customer’s
agents.
EQUIPMENT LOCATION.
Prior to delivery of the equipment, Customer shall designate
a specific area within the service location for storage of
the equipment. Customer shall be solely responsible for all
required approvals necessary to store the equipment on the
designated area. Customer shall not move the equipment
without prior written authorization from ODD.
PAVEMENT OR PROPERTY DAMAGE.
Customer acknowledges that on occasion pavement, asphalt,
driveways, curbs, walkways or other driving surface may
crack or be damaged as a result of truck/equipment use
during delivery or pick-up and agrees that ODD shall not be
liable for such damage to them. ODD cannot take
responsibility for any damage caused by our
personnel/truck/equipment during delivery or pick-up and
Customer releases ODD from any claims pertaining to such
damages during and after delivery or pick-up. ODD shall not
be responsible for damage to Customer’s pavement, asphalt,
driveway, curbs, walkways or other driving surface resulting
from the weight of ODD’s truck servicing the equipment
location designated by Customer. ODD shall not be
responsible for damage to structures or personal property
which results from Customer’s failure to provide
unobstructed access to the equipment.
Additionally, if the
customer requires the equipment to be placed in an alternate
location other than a hard surface, customer must sign a
waiver stating that ODD is not responsible for any damage to
sidewalk, concrete, curbs, asphalt, lawn, landscaping,
septic field, container or other persons vehicle or
property. Waiver also states and customer agrees that ODD is
not responsible for any tow fees for delivery truck upon
delivery or removal of container, local fines or injuries
due to request for alternate placement of container.
ADDITIONAL CHARGES, PAYMENTS AND
RATE ADJUSTMENTS. ODD may
impose, and Customer agrees to pay additional fees if
Customer keeps the equipment longer than the 7-day rental
period, Customer overfills the equipment or Customer puts
prohibited items in the equipment.
If customer needs to keep the dumpster longer than
the 7-day rental period, the customer can keep equipment up
to an additional 7 days at a $5.00/day rental fee (not in
original cost). If the equipment is overfilled (with
material extending over the top line of the equipment), ODD
may give customer time to reload or off-load waste material.
Regulations require us to cover equipment during
transportation, so ODD cannot haul it away if it has been
overfilled. If ODD must leave and return later to pick-up
the equipment, customer may incur a fee to cover the cost of
the extra trip. Additionally, if an onsite contact is not
available for delivery, customer will be responsible for all
charges involved with relocation of the equipment should it
be necessary. For removal, customer agrees to provide
unobstructed access to the equipment on the scheduled
pick-up day. If the dumpster rental is inaccessible, the
customer is subject to additional pick-up charges.
ASSIGNMENT.
This Agreement shall be binding on the parties and their
respective successors and assigns. The Customer may not
assign its rights and obligations under this Agreement
without the prior written consent of ODD.
SEVERABILITY.
The provisions of this Agreement are independent of and
severable from each other, and no provision determined to be
invalid or unenforceable shall affect the validity of the
remaining terms of the Agreement.
CHOICE OF LAW.
The Agreement shall be construed and enforced in accordance
with the laws of the state in which the equipment is
collected. Exclusive jurisdiction for any formal dispute
arising out of this Agreement shall be within the State
Courts of Michigan.
ATTORNEY FEES.
In the event Customer breaches any provision of this
Agreement and ODD brings an action to enforce the terms of
this Agreement against Customer, then Customer shall pay to
ODD all of ODD’s cost associated with bringing such action,
including ODD’s reasonable attorney’s fees.
On Demand
Dumpster, LLC reserves the right to change its terms and
conditions at any time and will post changes on the ODD
website (https://ondemanddumpster.com) for customer to
review. Customer agrees to these changes at the time they
are updated.
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