Roll-Off Terms and Conditions – Dumpster Service Agreement
Online Payment Agreement (“Agreement”)
Ward Waste Solutions LLC, a Tennessee Limited Liability company, including its affiliates and subsidiaries (“Ward Waste”), agrees to rent certain dumpster equipment (“Equipment”) to customer (“Customer”) on the basis of the terms and conditions as set forth herein. Except as specifically set forth herein, or as otherwise communicated by Ward Waste to Customer, the following terms and conditions, including the Rental Documents (as defined herein) shall apply to and govern both commercial and residential rentals.
ACCEPTANCE; CONTRACT FORMATION: This transaction, including Ward Waste’s rental of Equipment to Customer, is expressly limited to and made conditional upon Customer’s assent to and acceptance of all the terms and conditions contained herein and as set forth in any related rental document, including, but not limited to any quotation, proposal, acknowledgment and/or invoice (collectively referred to hereinafter as the “Rental Documents”). The terms and conditions stated herein shall apply to and govern all Rental Documents, including any agreement, order and/or rental that may result herefrom, and these terms and conditions, along with the Rental Documents, constitute the entire agreement between Ward Waste and Customer. Any of Customer’s terms contained in any request for quotation, purchase order, release, acknowledgement or any other Customer document which are in addition to or different from the terms contained herein are hereby specifically objected to, rejected and excluded, and shall be of no force or effect.
ORDERING PROCESS: Ward Waste intakes and processes all Equipment rental orders either via telephone, email, or website which is located at WardWasteSolutions.com (the “Website”). Customer acknowledges and agrees that upon Customer’s placement of an order for a rental of Equipment (either via telephone, email, or the Website), and Ward Waste’s acceptance of such order, then a binding and enforceable rental agreement shall exist between Ward Waste and Customer with respect to such Equipment based upon these terms and conditions, as well any applicable Rental Documents. All rental orders accepted by Ward Waste are accepted with the understanding that each such order is subject to Ward Waste’s ability to obtain and furnish the Equipment to Customer. Customer is solely responsible for contacting Ward Waste (either via telephone, email, or the Website) in order to initiate the commencement of the Services, as well as the final pick-up of the Equipment.
DELIVERY AND PICKUP OF THE EQUIPMENT: Ward Waste 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. Ward Waste 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 Ward Waste, which may be withheld within the sole discretion of Ward Waste. In the event that Ward Waste attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond Ward Waste’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, 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 Ward Waste shall be entitled to a dry run inconvenience fee. The standard dry run inconvenience fee is $175.00; provided that, if Ward Waste incurs additional charges, fees, fines, penalties costs and/or expenses related to the dry run, then Ward Waste 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 Ward Waste is authorized and entitled to charge to Customer’s credit card the amount of any such dry run inconvenience fee. Customer shall be solely responsible for any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including, without limitation, a towing company) incurred in connection with the movement, placement and/or use of the Equipment. In the event of Customer’s violation and/or breach of the terms of the Rental Agreement (including these Terms and Conditions), Ward Waste may, within Ward Waste’s sole discretion and without prior notice to Customer and without any liability to Customer, pick-up the Equipment. In addition, Ward Waste may pick-up the Equipment at any time if required to do so by local, county and/or state law or as required by order of any local, county and/or state government or agency.
PRICES AND PAYMENT TERMS: Prices for Equipment rentals are stated on the Website, as modified from time to time within the sole discretion of Ward Waste; provided that applicable prices for each Equipment rental transaction will be confirmed by Ward Waste at the time of Customer’s placement of an order for such Equipment. Except as otherwise mutually agreed in writing between Customer and Ward Waste, Customer will pay Ward Waste monthly throughout the applicable rental term via credit card payment. Customer hereby expressly authorizes Ward Waste to retain your credit card information and charge your credit on a monthly basis for rental fees and all other charges to which Ward Waste is entitled hereunder. Customer acknowledges and agrees that such credit card authorization shall remain valid and in full force and effect during the applicable rental period and for a period of time not to exceed 120 days beyond the last day of your Equipment rental. If, at any time during a rental term, Ward Waste’s authorization to charge your credit card is revoked and/or cancelled by Customer or any third-party, then Ward Waste, within its sole discretion, may immediately terminate the Equipment rental and recover the Equipment without notice or liability to Customer, and without prejudice to or waiver of any of Ward Waste’s remedies against Customer.
CANCELATION AND CANCELATION FEES: Any rental order, once placed with and accepted by Ward Waste, may not be cancelled by Customer except upon the consent of Ward Waste, which may be withheld within the sole discretion of Ward Waste. In the event that Ward Waste agrees to accept a cancellation after acceptance of Customer’s order, then Ward Waste shall be entitled to a cancellation fee (which may be charged to Customer’s credit card) in the amount $25.00 or up to 10% of the total cost of rental, whichever is greater, 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.
WEIGHT RESTRICTIONS AND OVERAGE EXPENSES: Customer is solely responsible for complying with the weight 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 Ward Waste incurs charges and expenses in connection with the transport of loaded Equipment to landfills and/or permitted disposal facilities, and that such charges and expenses are based upon the weight of the Equipment. If Customer fails to comply with applicable weight restrictions, Ward Waste 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 “Overage Expenses”). In the event that Ward Waste incurs any Overage 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 Ward Waste is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to Ward Waste (including Customer’s reimbursement of all such Overage Expenses to Ward Waste), Customer will pay Ward Waste a fee not to exceed the amount of $200.00 per ton in excess of the applicable weight restriction for the Equipment (“Overage Fee”), as determined within the sole discretion of Ward Waste. Customer acknowledges and agrees that all Overage Fees assessed by Ward Waste against Customer may be charged to Customer’s credit card.
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 Ward Waste that Customer (and not Ward Waste) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment. In the event that Customer fails to obtain and/or maintain all necessary and required Permits, Company may pick-up the Equipment without prior notice to Customer and without any liability to Customer.
PROHIBITED SUBSTANCES AND UNACCEPTABLE ITEMS: 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, chemically treated lumber, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, water heaters and water tanks, 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 Ward Waste’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.
INDEMNIFICATION: Customer agrees to indemnify, defend and hold harmless Ward Waste, 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) Overage 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, driveways, walkways, pavement, curbs, wells, irrigation systems, septic systems and/or underground utilities caused by the Equipment (h) Customer’s breach of the these terms and conditions or the terms of any of the Rental Documents; and (i) any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including, without limitation, a towing company) incurred in connection with the movement, placement and/or use of the Equipment.
RESPONSIBILITY FOR EQUIPMENT AND ACCESS: Any equipment that Ward Waste furnishes shall remain the property of Ward Waste. Customer acknowledges that it has care, custody and control of the equipment while at Customer’s location and accepts responsibility for all loss or damage to the equipment (except for normal wear and tear and for loss or damage resulting from Ward Waste’s handling of the equipment). Customer shall use the equipment only for its proper and intended purpose and shall not overload the equipment (by weight or volume), move, or alter the equipment without the express written consent of Ward Waste. Ward Waste prohibits the use of mobile smash, mechanical compaction, and/or mobile compaction in equipment owned by Ward Waste Solutions LLC and/or its affiliates. Failure to comply will result in a $1000 charge plus the cost of any damages to the container and removal of the container with no reimbursement. Company reserves the right to remove (e.g. dump out) materials from its equipment in instances where Company 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 all fees, fines, property damage clean-up costs and/or other costs associated with such removal of materials. Customer shall indemnify, defend and hold harmless Ward Waste from and against all Losses arising from any injury or death to persons or loss or damage to property (including the equipment) arising out of Customer’s use, operation or possession of the equipment. Customer agrees to provide unobstructed access to the equipment on the scheduled collection day. Equipment must be visible, within reason, to the employee(s) of Ward Waste. If the equipment is inaccessible so that the scheduled pick-up cannot be made, Ward Waste shall afford the customer a reasonable opportunity to provide the required access to the equipment; however Ward Waste reserves the right to charge an additional fee for such inaccessibility and/or delay or any additional collection service required by Customer’s failure to provide such access. Should any equipment be removed, damaged, or destroyed, the customer agrees to pay an associated replacement charge to Ward Waste of the equipment provided by Ward Waste. Applicable for Permanent and/or Long-Term Rental Accounts: Should Customer terminate this agreement prior to the end of the rental term, Ward Waste shall be entitled to charge Customer all of the following fees and amounts: (a) an early termination fee in the amount of $150.00; (b) an Equipment pick-up charge in the amount of $100.00; (c) any restocking fees regarding the equipment. Such restocking fee shall not exceed five thousand dollars per site; and (d) any other charges, fees, fines, penalties, costs and/or expenses owed by Customer to Ward Waste pursuant to the terms of the Rental Agreement, these Terms and Conditions and/or the Rental Documents.
DAMAGE TO PAVEMENT OR SURFACES: Customer warrants that the Customer’s pavement, curbing ,or other driving surface or any right of way reasonably necessary for Ward Waste to provide the services described herein are sufficient to bear the weight of all of Ward Waste’s equipment and vehicles reasonably required to perform such service. Ward Waste will not be responsible for damage to any such pavement, curbing, driving surface, or right of way, overhead and/or side objects such as electrical wire, phone lines, overhanging roof lines, walls, corrals, etc., whether such objects are within the Customer’s lot line or a neighboring property, and the Customer agrees to assume all liabilities for any such damage, which may result from the Ward Waste’s vehicles and equipment providing service at the Customer’s location, including by way of example only, spills, leaks, broken cable line, and cracks in pavement. Customer agrees to defend, indemnify, save and hold harmless, Ward Waste, officers, employees and agents, to the fullest extent permitted by law, of and from all claims, loss, damage, injury, suits of whatever nature, for personal injury and property damage alleged to arise out of, or any conditions, of the work performed under this service agreement, that are or may be brought by parties not subject to the terms of this agreement, specifically neighboring real or personal property owners, who allege to have suffered a loss as a result of performing the duties enunciated herein.
WAIVER; LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES: EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF WARD WASTE, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST WARD WASTE RELATING TO OR ARISING FROM CUSTOMER’S RENTAL OF THE EQUIPMENT AND/OR WARD WASTE’S PERFORMANCE UNDER THE RENTAL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER’S PROPERTY, PAVEMENT, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, LAWN, WELLS, IRRIGATION SYSTEMS, SEPTIC SYSTEMS AND/OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER’S PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO CUSTOMER’S PROPERTY FROM LEAKS OR STAINS RELATING TO CUSTOMER’S USE OF THE RENTAL EQUIPMENT. THE RENTAL EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND WARD WASTE 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.
EXCUSED PERFORMANCE AND CURE PERIOD: Except for Customer’s obligation to pay amounts due to Ward Waste, any failure or delay in performance due to contingencies beyond a party’s reasonable control, including strikes, Riots, terrorist acts, mechanical failures, compliance with Applicable Laws or governmental orders, fires, and other acts of God, shall not constitute a breach of this Agreement. Ward Waste shall be allowed a reasonable cure period for any performance failures alleged by Customer.
TITLE: Ward Waste and or its contractors shall acquire title to Waste Materials when they are loaded into Ward Waste’s or Ward Waste’s contractor’s truck. Title to and liability for any Excluded Waste and any Waste Materials removed by Ward Waste due to overloaded equipment or non-acceptable material shall remain with Customer and shall at no time pass to Ward Waste or its contractors.
ASSIGNMENT: Neither party shall assign this rental agreement (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 Ward Waste, which may be withheld within the sole discretion of Ward Waste. Ward Waste may, without the Customer’s consent, assign this rental agreement to any corporation affiliated with Ward Waste Solutions, LLC at any time.
NOTICE: Except as otherwise may be provided in this agreement, all notices required hereunder shall be delivered in writing, by mail or email, to the Ward Waste as follows:
Ward Waste Solutions, LLC
2042 Town Center Blvd, Suite 117
Knoxville, TN 37922
INDEPENDENT CONTRACTOR: The parties agree and acknowledge that Ward Waste is an independent contractor and not an agent or employee of the Customer, and that no liability shall attach to the Customer as the results of the acts or omissions of Ward Waste, its employees, agents, or assigns. Ward Waste acknowledges that it is responsible for payment of any local, state, or federal taxes with respect to Ward Waste’s agents and employees. Ward Waste shall pay all licenses or permit fees required by local ordinances or state or federal law for operation of it’s business.
MISCELLANEOUS: Upon Ward Waste’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 Ward Waste’s Website, WardWasteSolutions.com), shall constitute the entire agreement between Customer and Ward Waste, 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 Ward Waste in writing. Ward Waste shall have no confidentiality obligation with respect to any Waste Materials. All calls to and from Ward Waste are recorded and monitored for record-keeping, training, and quality assurance purposes. This Agreement shall be binding upon and inure solely to the benefit of the parties and their permitted assigns. Customer agrees that it shall not engage in any business activity with any other waste/recycling Company that employs a former employee of Ward Waste for a period of two years after the termination of this Agreement without the prior approval by the ownership of Ward Waste Solutions, LLC. If any provision of this Agreement shall be invalid, illegal, or unenforceable, it shall be modified to be valid, legal, and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Tennessee. Customer and Ward Waste agree that electronic signatures are valid and effective, and then an electronically stored copy of this Agreement constitutes proof of the signature and contents of this Agreement, as though it were an original. By signing this agreement Customer agrees to all Ward Waste Terms and Conditions contained in this agreement and all Terms and Conditions which may be updated and set forth at www.WardWasteSolutions.com, unless Customer makes or written objection to the amendment within Thirty (30) days of the update. Ward Waste expressly reserves all rights and remedies which are available to it at law or in equity.