Terms

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. IT IS A LEGALLY BINDING CONTRACT GOVERNING THE AGREEMENT BETWEEN YOU, THE CUSTOMER, AND DRIVEWAY FRIENDLY DUMPSTER RENTAL (DFD).

By placing your order, you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you do not agree to any of the terms below, DFD is unwilling to provide goods or services. If you are unwilling to accept all of the terms of this Agreement, you should not place an order. If you have already placed an order before reviewing this Agreement, and if you do not agree to the terms of this Agreement, you must cancel your order before any equipment is dispatched to your job site / location.

DESCRIPTION OF SERVICES

DFD shall provide the temporary use of waste disposal equipment (sometimes referred to as dumpsters or containers) and waste disposal services as agreed between the parties at the time the Customer places an order.

CUSTOMER OBLIGATIONS
The Customer agrees to undertake the following obligations:

Care of Equipment: The equipment delivered to the Customer is the property of DFD. The customer will take reasonable care of the equipment. The Customer will ensure that the equipment site is properly supervised and that equipment is secure until it is picked up by DFD. Damage or loss of equipment will be the responsibility of and charged to the Customer.  The Customer will not attempt to move any container from its original dropoff location, nor will the Customer use the hydraulic lift on any container.
Site Requirements: Equipment will be delivered to the site directed by Customer provided that doing so does not violate any applicable laws or regulations and provided that the Customer has provided adequate access to the delivery site. The Customer warrants that any access / location provided for the equipment is sufficient to bear the weight of all equipment when fully loaded and the vehicles required to perform the services. DFD shall not be responsible for damage to any pavement or accompanying sub-surface or any route reasonably necessary to perform the services herein contracted.
Equipment Load: The Customer will use containers provided under this Agreement for the disposal of Waste Material (as defined in the following paragraph). Waste Material placed in the equipment shall not extend above the top of the equipment. The Customer shall not allow the contents of the equipment to hang over the sides or extend beyond the walls of the equipment.  The Customer agrees not to overload the equipment.  Rental Prices include up to 2 tons (4,000 lbs) of waste. Any excess waste over 2 tons (4,000 lbs) shall be charged to the customer at the rate of $50 per ton. The weight of the Waste Materials shall not EVER exceed 4.5 tons (9,000lbs).  Overweight containers will be emptied by DFD onto job site until below 9,000lbs of waste.  NO CONCRETE, DIRT, OR GRAVEL UNLESS CLEARED BY DFD BEFOREHAND– LET US KNOW ON THE PHONE WHAT YOU’RE PUTTING IN THE DUMPSTER.

Use of Equipment: Customer represents and warrants that the materials placed in the equipment shall be “Waste Material” as defined herein and shall contain no other substances. The term “Waste Material” shall mean solid waste generated by Customer and EXCLUDING THE FOLLOWING PROHIBITED ITEMS: liquids, solvents, thinners, chemicals, lacquers, paints, paint filters, paint cans (unless dry), oils, oil filters, contaminated absorbents, freon, other refrigerants, asbestos, batteries, infectious waste, biohazards, medical waste, contaminated soils, fuels, inks, resins, car tires, car batteries, adhesives, industrial drums, propane tanks, lead painted materials, dirt, equipment containing gas, oil, or any other Prohibited Item, materials that are radioactive, volatile, flammable, or explosive, and biomedical, infectious, toxic or hazardous material. The term “hazardous material” shall include, but not be limited to, any substances listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, or other applicable law. Title to and liability for any Prohibited Items shall remain with the Customer. Restrictions and additional fees may apply to appliances, furniture, refrigerators, freezers, box springs, mattresses, air conditioners, tires, televisions, monitors and computers. Please inquire with specific questions.
Indemnification: The Customer expressly agrees to defend, indemnify and hold harmless DFD from and against any and all expenses, damages, penalties, fines and liabilities resulting from or arising out of the failure to exclude Prohibited Items or any other failure of the Customer to comply with its obligations under this Agreement and applicable law.

FEES AND PAYMENTS
Customer shall pay DFD in accordance with DFD’s established pricing for the services provided and any fees quoted to the Customer at the time the order is placed. Additional fees may be charged to the Customer due to overweighting a container, placing Prohibited Items or restricted items in a container, or otherwise violating any Customer obligation under this Agreement. If DFD is unable to make a delivery and/or removal due to safety and/or lack of accessibility; Customer will be charged a $150 service attempt fee. Payment for services will be by cash, or charged to the credit card provided by Customer. Payment will be rendered no later than dumpster drop-off, or arrival on site for junk removal / hauling jobs.  If using a credit / debit card, the provided card will also be charged for any and all additional charges that may be incurred including but not limited to: overweight fees, daily rental fees, service attempts, etc. Additional charges may appear on a subsequent credit card statement from the original charge. By completing and submitting the credit card or other payment authorization or by providing the Customer’s credit card information over the telephone or in person, the Customer authorizes DFD to charge the fees to the account provided by the Customer.  If customer pays by cash, DFD will return for any additional charges (overweight, prohibited items, etc) after disposal of waste.

CHANGES AND CANCELLATION POLICY
An order may be changed or canceled by calling DFD at (984) 514-9235. Cancellations must be made 24 hours in advance of a scheduled delivery date. Any cancellation made after that time is subject to a $75 fee. Changes made to the order after a container has been dispatched may result in additional fees.

WARRANTIES AND LIMITATIONS OF WARRANTIES
DFD warrants that it will undertake reasonable efforts to provide the equipment and services requested by the Customer in a timely manner. DFD is not responsible for delays or losses due to causes beyond its reasonable control, including, without limitation, acts of nature, unavailability of equipment, laws, or inhibited access. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, DFD DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,

LIMITATIONS OF LIABILITY
DFD shall not be responsible for damages to pavement, utilities, property, lawns, fencing, landscaping or other like exterior items. EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, DFD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF DFD WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF DFD TO THE CUSTOMER FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE EQUIPMENT OR THE SERVICES PROVIDED BY DFD EXCEED THE TOTAL FEES PAID TO DFD BY THE CUSTOMER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM. THE CUSTOMER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN THE CUSTOMER AND DFD WOULD NOT PROVIDE THE EQUIPMENT OR SERVICE WITHOUT THIS LIMITATION.

MISCELLANEOUS
Each party must comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to the equipment and services provided for in this Agreement. This Agreement and the rights and obligations of the parties will be subject to and construed in accordance with the laws of the State of North Carolina, excluding conflict of law principles. The parties consent to jurisdiction and venue exclusively in the State of North Carolina. The failure of DFD to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect.