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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” as used in these Terms and Conditions shall mean all solid waste (including recyclable materials) generated by the customer and specifically excludes, and Customer agrees not to deposit in Contractor’s equipment or place for collection by Contractor any appliance with Freon, tires, paints, liquids, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, bio-hazardous, toxic, or hazardous material as defined by applicable federal, state, provincial, or local laws or regulations (Excluded Waste). The term “hazardous material” includes, but is limited to, any amount of waste 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 applicable by law. TITLE TO AND LIABILITY FOR ANY EXCLUDED WASTED SHALL REMAIN WITH THE CUSTOMER AND CUSTOMER EXPRESSLY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CONTRACTOR FROM AND AGAINST ANY AND ALL DAMAGES, PENALTIES, FINES AND LIABILITIES ARISING OUT OF SUCH EXCLUDED WASTE ABOVE.

Customer shall pay Contractor for the collection and disposal provided by Contractor including any dig-out, relocation, rental, blocked container and/or excess disposal charges levied, but not prepaid by Customer in accordance with the schedule of charges as outlined on the Order Summery attached to and made part of these Terms and Conditions. For all amounts billed and not paid in advance, Customer shall make payment within ten (10) days after date of invoice from Contractor. Contractor may impose, and Customer agrees to pay, a late fee no greater than that allowed by law on balances not paid within thirty (30) days of the date of the invoice. In the event that any payment is not made when due, Contractor may, at his sole option, terminate services, recover all past due amounts and recover any equipment from the premises. Contractor reserves the right to charge a fee no greater than that allowed by law on all Customers checks returned for insufficient funds.

Credit Card Customers are charged for services at the time an order is placed. CHARGES FOR THE INITIAL SERVICE MAY NOT BE THE ONLY CHARGES THAT A CUSTOMER IS RESPONSIBLE FOR. CUSTOMER AUTHORIZES CONTRACTOR TO CHARGE THEIR CREDIT CARD FOR ANY AND ALL WORK DONE ON THEIR BEHALF AND AGREE TO BE RESPONSIBLE FOR PAYMENT OF ALL BILLS RELATED TO SUCH WORK, IN ACCORDANCE WITH THE STATED TERMS AND CONDITIONS. Please read through this agreement carefully as you may be liable for additional charges due to a number of factors, such as: exceeding the contracted weight limit; repeat trips to retrieve a container; contamination, and other liabilities cited within this agreement. CREDIT CARD CUSTOMERS AGREE TO PAY ANY OVERWEIGHT CHARGES (DISPOSAL ABOVE CONTAINER’S DESIGNATED WEIGHT LIMIT) AND/OR ANY OTHER ADDITIONAL CHARGES THAT ARISE OUT OF THIS AGREEMENT, AND AUTHORIZE BILLING FOR THESE CHARGES AT THE RATES INDICATED ON THE ORDER SUMMARY.

Customer warrants that any right of way provided by Customer for Contractor’s equipment is sufficient to bear the weight of all Contractor’s equipment and vehicles reasonably required to perform the services herein contracted. Contractor shall not be responsible for damage to any private driving surface, pavement or accompanying sub-surface of any route reasonably necessary to perform the service herein being contracted and Customer assumes all liabilities for damage to driving surface, pavement or road services and entire container placement site.

The “Customer” agrees to indemnify, defend, and hold harmless from and against any and all liability which Waste Envy Inc “Contractor” may be responsible for or pay out as a result of bodily injuries (including death), property damage or any violation or alleged violation of the law to the extent caused by “Customer’s” breach of this Agreement or by any negligent omission or willful misconduct of the “Customer” or its employees, agents, or contractors in the performance of this agreement. Contractor shall not be liable to the Customer for consequential, incidental, or punitive damages arising out of or in connection with the performance or non-performance of this agreement.

The equipment furnished hereunder by Contractor shall remain the property of Contractor; however Customer acknowledges that they have care, custody and control of the equipment while at the Customer’s location and accepts responsibility for all loss or damage to the equipment (except normal wear and tear or damage resulting from Contractor’s handling of the equipment) and for its content. Customer agrees not to overload (by weight or volume), move or alter the equipment, and shall use the equipment only for its proper and intended purpose. Customer agrees to indemnify, defend and hold harmless Contractor against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damages to property arising out of Customer’s use, operation or possession of the equipment. Customer agrees to provide unobstructed access to the equipment on the scheduled pick up day. If the equipment is inaccessible so that the scheduled pick up cannot be made, Contractor will notify the Customer and afford the Customer an opportunity to provide the required access. Contractor reserves the right to charge an additional fee if a return trip is required. Leaving a site unattended does not excuse liability or charges for contamination or overages.

Every contracted dumpster rental includes both a disposal allowance (noted on the order confirmation and initial invoice) and a rental period of _____ days. After the final removal of a container, or the interim removal of multiple containers at one location, a weight will be recorded when it is taken to a disposal facility and emptied. Weighing the container is done on a scale. The weight of the refuse is determined by subtracting the weight of the container and of the truck from the total weight registered when the truck passes over the scale. At the point the weight of the refuse is reported to Waste Envy Inc, an additional invoice will be generated for any excess weight over the allowed allowance. If the container has not exceeded the initial disposal allowance and the container was not held longer than the _____ day rental period, no additional charges will result. Please refer to the attached order summary for a listing of additional charges you may be liable for.

Contractor charges a fee for unsuccessful container pick-up or drop-off attempts. When this happens, it is called a “dry run”. When a container is unable to be dropped off or picked up due to the following reasons, a fee is charged to the customer. Valid reasons for us to charge a dry run fee include but are not limited to: overloaded containers, low laying power lines or tree branches, cars or any items or materials blocking access to pick up or drop off a container, door open on a container, material heaped up or hanging over the sides of the container, containers that are too heavy to be removed, locked gates or fences, inaccessible driveways or parking lots or any reason (s) out of our control. The dry run fee can range anywhere from $75.00-$150. This fee covers drivers pay, fuel, and time.

If the customer would like to cancel the order, they must do so by calling our customer service department during our Normal Business Hours (Monday – Friday, 8AM – 5PM EST, excluding Holidays) at 1-786-456-5073. Cancellations attempted after 5:00PM, during weekends and major holidays are not recognized until the next BUSINESS DAY. Cancellations confirmed within (1) business day of the scheduled delivery date will result in a fee of $100.00. Cancellations made after the container has been dispatched will result in additional fees, including, but not limited to: trip cost, fuel fees, tolls and any other costs incurred by Contractor as a result of the disruption.

In the event Customer fails to pay Contractor all amounts which become due under this Agreement, Customer agrees to pay, in addition to the amount due, any and all costs incurred by Contractor as a result of such failure to pay, including to the extent permitted by law, reasonable attorney fees.