Local Dumpster 411 including its affiliates and subsidiaries ("LimeVizio"), 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 Local Dumpster 411 to Customer, the following terms and conditions, including the Rental Documents (as defined herein) shall apply to and govern both commercial and residential rentals.
1. Acceptance; Contract Formation. This transaction, including Local Dumpster 411'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 Local Dumpster 411 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.
2. Ordering Process. Local Dumpster 411 intakes and processes all Equipment rental orders either via telephone or via our website which is located at www.localdumpster411.com (the "Website"). Customer acknowledges and agrees that upon Customer's placement of an order for a rental of Equipment (either via telephone or via the Website), and Local Dumpster 411's acceptance of such order, then a binding and enforceable rental agreement shall exist between Local Dumpster 411 and Customer with respect to such Equipment based upon these terms and conditions, as well any applicable Rental Documents. All rental orders accepted by Local Dumpster 411 are accepted with the understanding that each such order is subject to Local Dumpster 411's ability to obtain and furnish the Equipment to Customer.
3. Delivery and Pick Up of Equipment. Local Dumpster 411 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. Local Dumpster 411 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 Local Dumpster 411, which may be withheld within the sole discretion of Local Dumpster 411. In the event that Local Dumpster 411 attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond Local Dumpster 411'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 Local Dumpster 411 shall be entitled to an dry run inconvenience fee. The standard dry run inconvenience fee is $150.00; provided that, if Local Dumpster 411 incurs additional charges, fees, fines, penalties costs and/or expenses related to the dry run, then Local Dumpster 411 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 Local Dumpster 411 is authorized and entitled to charge to Customer's credit card the amount of any such dry run inconvenience fee.
4. Prices and Payment Terms. Prices for Equipment rentals are stated on the Website, as modified from time to time within the sole discretion of Local Dumpster 411; provided that applicable prices for each Equipment rental transaction will be confirmed by Local Dumpster 411 at the time of Customer's placement of an order for such Equipment. Except as otherwise mutually agreed in writing between Customer and Local Dumpster 411, Customer will pay Local Dumpster 411 monthly throughout the applicable rental term via credit card payment. Customer hereby expressly authorizes Local Dumpster 411 to retain your credit card information and charge your credit on a monthly basis for rental fees and all other charges to which Local Dumpster 411 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, Local Dumpster 411's authorization to charge your credit card is revoked and/or cancelled by Customer or any third-party, then Local Dumpster 411, 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 Local Dumpster 411's remedies against Customer.
In addition to charging Customer for Equipment rental, Local Dumpster 411 will also authorize a hold in the amount of $300 with the Customers’ issuing bank for 30 days in the unlikely event that there are Overload Fees, Extra Rental Days, Unacceptable Materials or Prohibited Substances found in trash, and / or other consequential damages. If no action is taken within 30 days, the authorization expires and is no longer available for capture.
5. Environmental Fee. The Environmental Fee is intended to cover the increasing cost by our company in complying with Federal, State and local regulations involving storage, transportation, recycling and disposal of materials and debris. This charge may incur at a local waste treatment facility, landfill or dumping ground. In case of Environmental Fee incurrence, the actual amount is an estimate of the compliance cost, which may vary by service, type of waste, hazardous waste, and/ or geographical area.
6. Cancellation and Cancellation Fees. Any rental order, once placed with and accepted by Local Dumpster 411, may not be cancelled by Customer except upon the consent of Local Dumpster 411, which may be withheld within the sole discretion of Local Dumpster 411. In the event that Local Dumpster 411 agrees to accept a cancellation after acceptance of Customer's order, then Local Dumpster 411 shall be entitled to a cancellation fee (which may be charged to Customer's credit card) in the amount $25.00 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.
7. Weight Restrictions and Overload Fees. 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 Local Dumpster 411 incurs charges and expenses in connection with the transport of loaded Equipment to landfills, and that such charges and expenses are based upon the weight of the Equipment. If Customer fails to comply with applicable weight restrictions, Local Dumpster 411 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 "Overload Expenses"). In the event that Local Dumpster 411 incurs any Overload 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 Local Dumpster 411 is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to Local Dumpster 411 (including Customer's reimbursement of all such Overload Expenses to Local Dumpster 411), Customer will pay Local Dumpster 411 a fee not to exceed the amount of $125.00 per ton in excess of the applicable weight restriction for the Equipment ("Overload Fee"), as determined within the sole discretion of Local Dumpster 411. Customer acknowledges and agrees that all Overload Fees assessed by Local Dumpster 411 against Customer may be charged to Customer's credit card.
8. Rental Rates. Daily Rental rates are based on a 24 hour "rental day" starting at the time of rental. Unless stated otherwise in the Rental Documents between Customer and Local Dumpster 411, the Rental Duration is for 7 to 10 days and Customer will be charged for each day in excess of agreed upon rental days perdiod at $30.00 per day.
9. 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 Local Dumpster 411 that Customer (and not Local Dumpster 411) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer's possession and use of the Equipment.
10. Prohibited Substances. 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, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, 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 Local Dumpster 411'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.
11. Indemnification. Customer agrees to indemnify, defend and hold harmless Local Dumpster 411, 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) Overload 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 and/or driveways caused by the Equipment; and (h) Customer's breach of the these terms and conditions or the terms of any of the Rental Documents.
12. Waiver; Limitation of Liability and Disclaimer of Warranties. EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF Local Dumpster 411, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST Local Dumpster 411 RELATING TO OR ARISING FROM CUSTOMER'S RENTAL OF THE EQUIPMENT AND/OR Local Dumpster 411'S PERFORMANCE UNDER THE RENTAL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER'S PROPERTY, PAVEMENT, CURBING DRIVEWAYS, WALKWAYS, LANDSCAPING AND/OR LAWN RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER'S PROPERTY. THE RENTAL EQUIPMENT SHALL BE PROVIDED ON AN "AS-IS" BASIS, AND Local Dumpster 411 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.
13. Governing Law; Severability. Any and all disputes arising from or in connection with the Equipment rental transaction between Local Dumpster 411 and Customer, including, but not limited to, these terms and conditions, the Rental Documents and/or Customer's possession and use of the Equipment, shall be construed in accordance with and governed by the laws of the State of Ohio, U.S.A., including all matters of construction, validity and performance, without giving effect to the conflict of laws provisions of such State. Any provision hereof which may be prohibited by applicable law shall be ineffective to the extent of such prohibition and without invalidating the remaining provisions hereof.
14. Jurisdiction and Venue. Any action arising from or in connection with the Equipment rental transaction between Local Dumpster 411 and Customer, including, but not limited to, these terms and conditions, the Rental Documents and/or Customer's possession and use of the Equipment, shall be commenced and prosecuted in the Court of Common Pleas of Cuyahoga County, Ohio, U.S.A., or in the United States Federal District Court for the Northern District of Ohio, Eastern Division.
15. Assignment. Neither this rental transaction (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 Local Dumpster 411, which may be withheld within the sole discretion of Local Dumpster 411.
16. Reservation of Rights. Local Dumpster 411 expressly reserves all rights and remedies which are available to it at law or in equity.
17. Entire Agreement and Modification. Upon Local Dumpster 411'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 Local Dumpster 411's Website), shall constitute the entire agreement between Customer and Local Dumpster 411, 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 Local Dumpster 411 in writing.