Terms and Conditions
By renting dumpsters from GUIZZETTI CASAS LLC, you agree to the below terms and conditions:
1. Term: The customer agrees to pay the amount listed on the estimate document. The term of this Agreement for temporary dumpster services, unless otherwise specified in writing, is for seven days (“one week”), beginning when the dumpster is delivered to the customer’s property. The container rental includes usage for up to 7 days. If the container is kept longer than the rental term, there will be an additional fee of $25.00 per day. The customer shall notify the contractor through a written notice (email, text, or certified mail) about keeping the container for an extended rental period. If no notice is received by the customer 48 hours before the expiration of the current rental term, the agreement shall be renewed automatically for an additional one-week period (“Renewal Term”). The contractor may terminate this agreement at any time. To further reiterate, if the Customer has not signed this Agreement, but a copy was sent to the Customer, it shall be binding via the performance of services effective upon the date of order. Payment for all base fees and any known additional rental time will be before delivery of the container. Any additional fees due to overweight or other fees not paid upon delivery are due within 2 days of container pick up. Any unpaid balance after 2 days will start to accrue 15% interest from the date of container pick up until paid in full. There will be a minimum of a $25 late fee. Neither Cash nor Check is accepted as a form of payment. If paying by check and the check is returned for insufficient funds from the banking institution, the Customer is responsible for any returned check fees.
2. Customer’s Duties and Liability. The customer shall be responsible for the safekeeping of the Contractor’s container. The customer shall not remove or move the container or make any alterations or improvements. The customer shall not overload the container nor use it for incineration purposes. The customer is liable for any loss, damages, or costs over reasonable wear and tear or an overloaded container, including any overweight ticket that may be issued to the Contractor for loads exceeding the current weight limit. Customer shall pay GUIZZETTI CASAS LLC for all excess tonnage in the roll-off dumpster at the rate of $75.00 per ton, prorated as follow:
• 10 cubic yards dumpster (small) includes 2 tons disposal fees, additional weight billed at $85 per ton prorated.
• 15 cubic yards dumpster (medium) includes 2 tons disposal fees, additional weight billed at $85 per ton prorated.
• 20 cubic yards dumpster (large) includes 2 tons disposal fees, additional weight billed at $85 per ton prorated.
The customer agrees to load the dumpster up to the maximum loading level and even with the top and no material sticking up above the sides so that we may tarp the dumpster in conformance with State mandated load coverage regulations, or the Customer will be billed a $85 overloaded dumpster fee.
By the time of the dumpster collection, we can not pick up the dumpster due to the overweight caused by the extremely heavy materials discussed above; It is the customer’s responsibility to offload the excess weight from the container; otherwise, a $200 trip fee will be charged automatically due to unsuccessful collection of the dumpster. An additional fee of $25 per day will also be charged automatically until the container is ready and safe for collection.
If this law changes, the Customer shall adhere to the new law on weight limits. The customer understands that the Contractor cannot weigh the container before removing the loaded container due to the expense involved. Thus, the liability of the weight is entirely held by the Customer. Customer shall indemnify, defend and hold Contractor harmless from and against all claims and liabilities for injury or death to persons or loss or damage to property arising out of Customer’s use, operations, or possession of the container. The customer shall keep all information in this Agreement confidential, including but not limited to pricing and terms, as sharing such trade information could cause irreparable harm to the Contractor. The contractor reserves the right to remove (e.g., dump out) materials from its container in instances where the Contractor determines, in its sole discretion, that its container is overloaded by either weight or volume or in cases of the Customer’s nonpayment. The customer is solely and exclusively liable for any and all fees, fines, property damage, clean-up costs, and other costs associated with such removal of materials. If the Customer’s facility is locked, the Customer hereby authorizes the Contractor, if necessary at the Contractor’s discretion, to remove any type of locks by whatever means to access its container at any time.
3. Changes. The parties may agree to changes in the frequency of collection service, locations, or the container’s number, capacity, and size, orally or in writing. Consent to oral changes shall be evidenced by the actions and practices of the parties and shall become a part of this Agreement. Customer’s change of its business location(s), or sale of its business, shall not terminate this Agreement when the Customer’s new location and/or new owner is within the Contractor’s service area unless otherwise provided in writing by the Customer. If the Customer and/or new owner relocate outside of the Contractor’s service area, then the Customer shall be released from this Agreement. The contractor may substitute similar yet equivalent services and/or containers at no extra cost at its sole discretion.
4. Charges, Financial Responsibility, and Payments. The customer shall pay the Contractor in accordance with the schedule of charges or any increases thereto as outlined in this Agreement. Invoices are due within twenty-four hours of the invoice date. The customer agrees that if payment is not made within twenty-four hours of the date when the invoice was issued, the Customer shall pay a dollar amount of $20 (Twenty dollars per day or the maximum lawful rate) until paid in full. Customer further agrees that in the event It makes its payments online, Contractor is entitled to add to those electronic transfers all charges for costs and expenses allowed by this Agreement, including, e.g., costs for overweight tickets, return of rejected waste materials, extra hauling costs if the container is inaccessible, etc. The customer waives any right to revoke any payments made pursuant to this paragraph.
5. Waste Materials. Customer warrants and represents that the waste materials delivered to Contractor under this Agreement will not contain any hazardous, toxic, radioactive wastes, including substances: wet glue, wet paint, wet plaster, liquids of any kind whether contained or not, EXTREMELY HEAVY MATERIALS SUCH AS ROCK, DIRT OR CONCRETE (please let us know and we can help you dispose of such heavy items more efficiently), cans, drums or other containers of any kind unless emptied and crushed and incapable of carrying any liquid, hot tar, batteries, gas/oil, tires, fluorescent bulbs, refrigerators, freezers, ac units, computer monitors, televisions, mattresses, tires, washers, dryers, pesticides or any other drums/ bottles filled with a substance that would require removal from the dumpster, medical waste or any animal carcasses of any kind or other prohibited substances as defined by applicable Federal, State, local laws or regulations. The customer shall retain title to and liability for all waste materials. The contractor shall be entitled to return the container to the Customer’s site for unloading waste material that is rejected at the disposal site, or that otherwise violates this paragraph. Recycle loads deemed as “contaminated” by the driver shall be charged as waste material at $85 sixty dollars per ton disposal plus a re-route additional hauling fee of $100 (one hundred dollars). Customer shall indemnify, defend and hold Contractor harmless from and against all claims, liabilities, fines, and costs of any nature whatsoever, arising out of the breach of the warranty stated above, including extra hauling and/or disposal fees incurred as follows:
-Mattress disposal fee ($100 per mattress)
-Tire disposal fee ($50 per tire).
-Appliance disposal fee ($100 per appliance).
6. Services Rendered. This agreement takes effect when signed by the Customer. The customer agrees to retain the Contractor (within the Contractor’s service area) as the Customer’s exclusive solid waste collection, waste control, and waste recycling company for all Customer’s locations within the Contractor’s geographical service area. In some instances, due to rushed timing of delivery or other reasons of such nature, a written agreement cannot always be obtained for these new locations, and thus in such instances, the terms and conditions of this Agreement shall govern with the understanding that the price may differ due to reasons including, but not limited to, the new location’s distance, frequency and/or volume of trash. No additional terms and conditions stated by Customer in its acknowledgment of this Agreement shall be binding upon Contractor unless expressly accepted in writing by the Contractor’s owners. This agreement’s terms and conditions shall supersede customer-issued agreements and/or purchase orders. The contractor shall carry insurance and the Customer shall accept such insurance provided by the Contractor as-is without modification. Insurance matters shall not be a reason for Customers to claim breach and/or slow payments to the Contractor.
7. Payment Dispute. In the event Customer fails to pay Contractor for disposal services or dumpster rental is in default of this Agreement, Contractor may enter Customer’s premises and remove Contractor’s container and any materials deposited therein, or may leave the container on-site, without providing service, until payment in full is made. The customer shall indemnify, defend, and hold Contractor harmless from any claims and costs for the removal of Contractor’s container and the removal of Customer’s materials from Contractor’s container. The customer shall remain liable for all monthly fees incurred during the suspension of service for non-payment and possibly a resume service fee at the Contractor’s discretion. Phone calls are not required by the Contractor at its sole discretion since daily invoices are sent to the Customer as payment reminders.
8. PERMITS AND ON-SITE MOVING. Service calls for container/roll-off moving/relocation at $200. The customer is responsible for all work site permits, including street permits. Check your city or town to see if these apply.
9. Placement Areas, Weights, Surfaces & Misc. Customer warrants and represents that any right of way provided by Customer from Customer’s vehicles/containers placement to the most convenient public way, is sufficient to bear the weight of all of the Contractor’s vehicles, containers, and containers’ contents required to perform the service herein contracted. The customer also warrants sufficient overhead and side clearance to accommodate the placement and movement of vehicles/containers. The contractor shall not be responsible for damage to any private pavement or accompanying subsurface of any route necessary to perform the services contained herein and shall not be responsible for overhead and/or side objects such as electrical wire, overhanging roof lines or eaves, trees, walls, corrals, gates, etc, whether such obstacles are within Customer’s lot line or a neighboring property. The customer agrees that the Contractor shall have access to its containers at all times. Suppose any containers cannot be accessed immediately by the driver for any reason other than the Contractor’s sole fault, such as overloading or blocked access. In that case, the Customer shall pay a one hundred dollars per hour ($100/Hr) demurrage fee. The demurrage fee shall be prorated every fifteen minutes. If materials are frozen in the container(s) due to low temperatures and the Contractor must use the necessary equipment to dig out said materials the Customer shall be charged a minimum of fifty dollars ($100) per occurrence. The customer also authorizes the contractor to utilize its best judgment in placing the container(s) even if the Contractor finds that the Customer’s initial placement request (if given) is not feasible. Relocations and/or “dry runs” shall be charged a minimum of two hundred dollars per occurrence unless otherwise noted at the Contractor’s discretion. The customer shall defend and hold the Contractor harmless from all claims, damages suits, penalties, fines, liabilities, and extra costs for any such damage or for extra hauling fees due to the inaccessibility of the container. Inactive containers may be pulled after seven days at the Contractor’s sole discretion without notice of an extended given contract. For purposes of safety, the Customer agrees that a 10 cubic yards dumpster shall not be loaded with more than two tons, the Customer agrees that a 15 cubic yards dumpster shall not be loaded with more than two tons and a half and The customer agrees that a 20 cubic yards dumpster shall not be loaded with more than three tons.
10. Force Majeure. The contractor’s failure to perform its obligations under this Agreement, if caused by Force Majeure, shall not constitute a breach. “Force Majeure” means any circumstance beyond the reasonable control of the Contractor, including, but not limited to, any act of God or a public enemy, accident, explosion, fire, storm, earthquake, other natural disaster, strikes, labor trouble, container shortage, riot or war, or mechanical or technological malfunction. During rentals, quite a bit of water can build up in the containers if there is enough rain. Our dumpsters are drained before getting disposed of. Suppose Customer believes that Contractor has not performed in accordance with the Agreement herein. In that case, Customer shall bring this to Contractor’s attention in writing, via certified mail, after which Contractor shall have a reasonable time to cure and/or respond to any alleged defect. Any operational/service clauses added to this agreement, including, but not limited to, “timed stops”, shall not be guaranteed by Contractor and/or may incur additional charges at the Contractor’s discretion.
11. Cost Increases. Because sanitary landfill disposal charges, fuel costs, and/or other overhead costs are a significant cost of the services provided by the Contractor and/or its vendors under this Agreement, the Contractor may increase the price from time to time due to the increased costs of this nature. The contractor makes no guarantees on any rate cap or term modification clauses set forth in this agreement. Such modifications, including, but not limited to rate caps, are merely estimations based on past waste industry data and the Contractor shall do its best, in good faith, to adhere to such estimates.
All invoices are subject to a $5/mile ( trip charge ) when the delivery address is out of 30 miles away from our business location. The contractor will not provide services out of a 45-mile service area.
12. Discretionary Assumption of Liability. In its sole discretion, the Contractor may agree in writing to be responsible for any and all liability that the Customer may have to its former waste hauler(s) due solely to the termination of service of the former waste hauler(s). The contractor may further agree in writing to indemnify and hold the Customer harmless from any and all costs and damages that may be incurred due to the termination of service by the former waste hauler(s).
13. Appointment of Contractor. Customer hereby irrevocably appoints Contractor as its attorney-in-fact and authorizes Contractor to act as Customer’s contact for all communication with Customer’s current waste hauler(s) regarding those services. The customer agrees to forward all such contacts from its waste hauler(s) to the Contractor. The customer hereby expressly authorizes the Contractor to request copies of the Customer’s documents and account records with its waste hauler(s). The contractor may then, at its sole discretion, choose to either A) Have the Customer continue utilizing the services and directly paying on its current contract with its current waste hauler(s) until this current contract expires, B) Have the Customer pay the cancellation/liquidated damages fees due to the current waste hauler(s) so that Contractor can begin work immediately, C) Have Customer continue utilizing the services and have Contractor pay current hauler(s) for these services based on the current contract between current hauler(s) and Customer. The contractor shall then pass on, at a break-even rate, to the Customer, the expense paid to the current hauler(s) until this current contract expires, and/or D) Contractor shall pay the liquidated damages on behalf of the Customer to a current waste hauler(s) to terminate the current contract. Upon expiration/termination of the current contract with the current hauler(s), the Contractor shall render all services to the Customer directly and be paid directly unless otherwise decided by the Contractor herein.
14. Definition of Container. The term “Container” as used herein, shall mean all containers furnished by the Contractor providing the services as specified in this Agreement. All containers furnished by Contractor, which Customer has not purchased, shall remain the property of Contractor and Customer shall have no right, title, or interest in the container and the container shall be returned to Contractor upon the termination of this Agreement in the same condition as received, reasonable wear and tear accepted.
15. Disputes/Order of Precedence. Unless otherwise provided by Contractor, whose operational offices are based in the State of Texas, Customer hereby agrees any disputes arising out of this Agreement shall be exclusively resolved by the commencement of suit in a Texas District Court or Circuit Court (whichever has jurisdiction over the subject matter at Contractor’s sole discretion) or Contractor, at its sole discretion, may opt to resolve the dispute via binding arbitration, pursuant to the Rules of the Texas Arbitration Association. The customer hereby waives its right to trial by jury. If one or more terms/conditions of this Agreement are found to be unenforceable, the remaining terms/conditions shall still be fully applicable. If the Customer feels aggrieved, the Customer shall first advise the Contractor in writing, by certified mail, return receipt requested, not later than seven days after the event giving rise to the alleged dispute. Failure to give proper notice shall be deemed a waiver of any such claim. Should the Contractor incur any costs in conjunction with enforcing any of the terms of this Agreement, the Contractor shall be entitled to reimbursement from the Customer. Those costs shall include, but not be limited to, attorney fees, court costs, collections costs, and other costs of any kind. If any conflict, ambiguities, or differences exist in this Agreement, the original typed language shall govern over those which are handwritten/modified.
16. Relationship of the Parties. Except for the Contractor’s appointment as attorney-in-fact, the parties are independent contracting parties and are not the agent or legal representative of the other for any purpose.
17. Entirety of Agreement. This Agreement as written, embodies the entire understanding between Contractor and Customer with respect to the subject matter hereof, and this Agreement hereby supersedes all previous negotiations, discussions and written or oral agreements. The terms of this Agreement also supersede and control any prior course of dealing or usage in the trade.
18. No Waiver; Cumulative Remedies. Any and all of the rights and remedies conferred upon the Contractor under this Agreement shall be cumulative and in addition to, and not in lieu of, any other rights or remedies at law or in equity. The contractor’s delay in enforcing or failing to enforce any of the provisions of this Agreement, or any rights under this Agreement of the exercise of any election provided in this Agreement, shall not be considered to be a waiver of the right to thereafter enforce such provisions or rights or exercise subsequent elections.
19. Corporate Authority, Security, and Guaranty. Customer hereby grants to Contractor a security interest in all assets of Customer, to secure Customer’s payment of its obligations under this Agreement. The Customer’s Individual signatory to this Agreement hereby represents that he/she is an authorized agent of Customer, has been directed to enter into this Agreement on behalf of Customer, and has full authority to bind Customer to all of the terms and conditions contained in this Agreement. The customer acknowledges that the Contractor is relying on these express representations in entering into this Agreement and that such representations are a material inducement to the Contractor entering into this Agreement and proceeding with the services outlined above. Suppose the owner or an officer of the Customer is signing this Agreement. In that case, the owner or officer Individually signs personal guarantees that payment shall be made should the corporation fail to make necessary payment(s) for any reason. Legal action filed against the Individual signing and/or the corporation is at the Contractor’s own discretion.
20. CHOICE OF LAW PROVISION. This Dumpster Rental Agreement shall be interpreted under the laws of the State of Texas.
The parties execute this Agreement and accept and agree to the terms herein and the Dumpster Rental Service Terms & Conditions.
