RENTAL TERMS & CONDITIONS
1. The RENTER shall keep and maintain the rented equipment during the terms of the rental at his own cost and expense. He shall keep the equipment in a good state of repair, normal wear and tear excepted.
2. The RENTER shall pay the OWNER full compensation for replacement for replacement and/or repair of any equipment which is not returned because it is lost or stolen or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excepted. The OWNER’s invoice for replacement or repair is conclusive as to the amount RENTER shall pay under this paragraph for repair or replacement.
3. The RENTER shall not remove the equipment from the address of the RENTER or the location shown herein as the place of use of the equipment without prior written approval of the OWNER. The RENTER shall inform the OWNER upon demand of the exact location of the equipment while it is in the RENTERS’s possession.
4. The equipment shall be delivered to RENTER and returned to OWNER at the RENTER’s risk, cost and expense. If a periodic rental rate is charged by OWNER, rental charges are billed to the RENTER for each period or portions of the period form the time the equipment is delivered to RENTER until its return. If a term rental rate is charged by OWNER, rental charges are billed to the RENTER for the full term even if the equipment is returned before the end of the term. If the equipment is not returned during or at the end of the term, then the rental charges shall continue on a full term basis for any additional term or portion thereof until the equipment is returned.
5. No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by OWNER does not constitute a waiver of any of the rights OWNER has under the rental agreement.
6. The RENTER shall allow OWNER to enter RENTER’s premises where the rented equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented equipment. If the RENTER is in default of any of the terms and conditions of this agreement, the OWNER, and his agents, at the RENTER’s risk, cost and expense may at any time enter the RENTER’s premises where the rented equipment is stored or used at all time and recover the rented equipment.
7. The RENTER shall not pledge or encumber the rented equipment in any way. The OWNER may terminate this agreement immediately upon the failure of RENTER to make rental payments when due, or upon RENTER’s filling for protection from creditors in any court of competent jurisdiction.
8. The OWNER makes no warranty of any kind regarding the rented equipment, except that OWNER shall replace the equipment with identical or similar equipment if the equipment fails to operate in accordance with the manufacturer’s specifications and operation instructions. Such replacement shall be made as soon as practicable after RENTER returns the non-conforming equipment.
9. RENTER indemnifies and holds OWNER harmless for all injuries or damage of any kind for repossession and for all consequential and special damages for any claimed breach of warranty.
10. The RENTER shall pay all reasonable attorney and other fees, the expenses and costs incurred by OWNER in protection its rights under this rental agreement and for any action taken OWNER to collect any amounts due the OWNER under this rental agreement.
11. These terms are accepted by the RENTER upon delivery of the terms to the RENTER or the agent or other representative of RENTER.
CONTRACT TERMS & CONDITIONS
This Contract, made in compliance with New York General Business Law, Article 36-A, is entered into as of the date first written above between the Owner (listed above) and Contractor (Expert Dumpster, LLC).
1. DEPOSIT OF PAYMENTS: Unless the Contractor is paid on a time and materials basis, the Contractor shall deposit any payments received by the Owner prior to substantial completion in Grasshopper Bank within five business days of receipt of the payment. Contractor shall not withdraw any portion of such payments in excess of the amount shown in the above Schedule of Payments. Payment is due within five (5) days after each phase is complete, if applicable, and/or after final completion.
2. CONTRACT PERIOD: The approximate dates when the work will begin is as outlined in the estimate and mutually agreed upon in writing. Substantial completion means that the project, although not complete in all respects, is usable for its intended purpose.
3. CONTINGENCIES: Any contingencies or possible events, which the parties are aware of, that might materially delay the approximate completion date are listed as outlined in the estimate and mutually agreed upon in writing. The services outlined have a completion date that is not of the essence.
4. UNCONTROLLABLE DELAYS: If the Contractor is delayed in the progress of the work by labor disputes, fire, acts of God, unusual delay in transportation or availability of materials, unusually adverse weather or any other causes beyond the Contractor’s control, the date(s) for Contractor’s performance shall be equitably extended.
5. UNSEEN CONDITIONS: In the event Contractor encounters concealed conditions in the performance of the work, which differ materially from the conditions indicated in the contract documents or from those conditions ordinarily found in similar work, or if the Contractor is unable to access the work area due to obstructions of any kind, the Contract amount and time shall be subject to equitable adjustment.
6. CONTRACTOR SERVICES: Contractor agrees to perform the work in a professional and workman-like manner, using the Contractor’s best skill and attention; to provide and pay for labor, materials, taxes, tools, transportation and other services necessary for proper completion of the work. The procurement of all required permits, fees and inspections, however, shall remain the Owner’s responsibility. The Contractor shall keep the Owner’s premises and surrounding area free from accumulation of debris and trash related to the work.
7. SAFETY: Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with the performance of the work.
8. CHANGE IN WORK: Should the Owner order changes in the work consisting of additions, deletions or changes, the Contract amount and time will be adjusted accordingly. This Contract may only be amended or modified by written agreement signed by both the parties.
9. MECHANICS’ LIENS: The contractor or subcontractor who performs on the contract, or the materialman who provides home improvement goods or services and is not paid, may have a claim which may be enforced against the Owner’s real property in accordance with applicable lien laws. Any contractor, subcontractor, or materialman who provides home improvement goods or services pursuant to your home improvement contract and who is not paid may have a valid legal claim against your property known as mechanic’s lien. Any mechanic’s lien filed against your property may be discharged. Payment of the agreed-upon price under the home improvement contract prior to filing a mechanic’s lien may invalidate such lien. The owner may contact an attorney to determine his rights to discharge a mechanic’s lien.
10. OWNER’S RIGHT OF CANCELLATION: In addition to any right otherwise to revoke an offer, the Owner or his/her representative may cancel this Contract until midnight of the third business day after the day on which the Owner signed the Contract. Cancellation occurs when written notice of cancellation is deposited in a mailbox properly addressed and postage prepaid. Notice of cancellation is sufficient if it indicates the intention of the Owner not to be bound. Owner’s right of cancellation does not apply to a transaction in which the Owner has initiated contact with the Contractor, the home improvement is needed to meet a true emergency of the Owner, and the Owner furnished the Contractor with a separate dated and signed personal statement in the Owner’s handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the Contract within three business days.
11. SUSPENSION AND TERMINATION: If payments are not made when due Contractor may suspend work on the Contract until all due payments have been received, or upon an additional five days’ notice to Owner may terminate this Contract. Owner agrees to reimburse Contractor for Contractor’s costs and expenses, including reasonable attorneys’ fees, incurred by Contractor to enforce its rights under this Contract.
12. INDEMNIFICATION: To the fullest extent permitted by law, the Owner agrees to indemnify and hold the Contractor harmless from and against any claims, damages, losses and expenses, including attorneys’ fees, arising out of or resulting from Contractor’s performance of the work, provided that such claims, damages, loss or expenses are attributable to bodily injury, sickness, disease or death, or to damage to or destruction of tangible property (other than the work itself) including loss of use resulting therefrom but only to the extent caused in whole or in part by negligent acts or omissions or the Contractor, a subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
13. OTHER TERMS AND CONDITIONS: As outlined in the estimate and mutually agreed upon in writing.
14. ENTIRE AGREEMENT: This Contract represents the entire agreement between the parties, and supersedes all prior negotiations, representations or agreements, either written or verbal.
15. ACCESS AND PROPERTY MOBILIZATION: EDLLC must have clear access to the workspace at all times. In addition, the owner or owner’s agent must follow all prep instructions prior to mobilization. Failure to do so may result in additional costs.
16. ENVIRONMENTAL TESTING: All building materials must be tested for potential regulated building material hazards if certain renovation and/or demolition activities are to occur as part of this agreement. The owner or owner’s agent(s) agrees to provide such certified testing results or provide access and pay an additional fee for EDLLC to provide such testing services prior to any renovation and/or demolition.
17. CHANGES & ADDITIONS OF WORK: Any additional findings or variations in the original scope of work will be billed accordingly with notification made to owner or owner agents and prior to performing the additional work. Prices are based upon eight-hour working shifts, Monday through Friday. Night, weekend, holiday shifts or any variation of schedule shall require additional compensation. All labor wages are based upon non-prevailing rates unless otherwise noted.
18. CANCELLATION: Shall be done at least 48 hours prior to any scheduled appointment otherwise the customer will be charged for the service, including any applicable mark-up, fees, and/or associated costs. In the case of emergency services calls where the pricing on this agreement is listed as TBD (to be determined) or left blank both parties agree that the Xactimate © pricing methodology based upon square foot measurement and standard industry charges will be the preferred pricing model and will be used for all services rendered unless otherwise agreed upon.
19. HAZARDOUS MATERIAL ABATEMENT (Mold, Asbestos, Radon, VOCs, Lead, PCB’s, Contaminated Soil, Sewage, Bio-Hazardous, etc.) SPECIFICATIONS: EDLLC is not responsible for hazardous containing materials found on site unless specifically contracted for their abatement as described in the scope of work of this estimate.
20. FUTURE DAMAGE AND SERVICES: EDLLC is not responsible and does not guarantee against present or future damage to the building/property or contents, or provide for the repair and replacement thereof.
21. LIMITATION OF LIABILITY: The Customer expressly releases EDLLC for liability for personal injury or property damage (to include the structure or contents) caused by any remediation or abatement activities, except to the extent caused solely by EDLLC’s own negligence. The Customer agrees that under no circumstances shall EDLLC be liable for any amount greater than the amount paid to EDLLC. In no event will EDLLC be responsible for consequential damages for loss of use of property. Any claim by the Customer for damages must be made in writing within one (1) year of the incident at issue or it will be deemed waived.
22. DISCLAIMERS: The guarantees as specifically stated in this Agreement is in lieu of any other guarantee, warranty, express or implied, including any warranty of habitability, merchantability or fitness for a particular purpose.
23. CHANGES IN LAW: EDLLC performs its services in accordance with the requirements of federal, state and local law. In the event of a change in existing law, as it pertains to the services herein, EDLLC reserves the right to revise the service charge or terminate this Agreement.
24. DEFAULT: In the case of non-payment or breach by the customer, EDLLC has the right to terminate this Agreement and demand full payment owed, plus any applicable interest, costs and fees including but not limited to reasonable attorney’s fees.
25. SALES TAX: Sales tax exempt certificates or capital improvement certificates must be submitted and approved or else sales tax will be charged for applicable services rendered. All professional consulting services provided are sales tax exempt in accordance of the appropriate tax laws.
26. ARBITRATION: Any Commercial customer (including any Insurance company or third-party claiming through customer) and EDLLC agree that all matters in dispute between them, including but not limited, to any controversy or claim arising out of or relating to this Agreement or to the identified property in any way, whether by virtue of contract, tort or otherwise, shall be settled exclusively by Arbitration. In the event of arbitration, the Customer shall be responsible for all EDLLC costs and attorney fees. In the event of a dispute regarding this provision, the parties consent to the personal jurisdiction and venue of the courts of the State of New York. This arbitration provision is only binding to customers/owners/agents contracting a commercial property with EDLLC.
27. REFUND POLICY: Any refund requests must be made in writing and the response to the request for refunds will also be made in writing. All refunds shall be mailed to Expert Dumpster, LLC., 7323 Pittsford Palmyra Road, Fairport NY, 14450. Be aware any refunds may void any warranty or guarantees made on the property by EDLLC. EDLLC will not offer refunds of money for any services performed pursuant to this agreement. Full year programs paid up front are considered serviced and paid in full after our initial treatment and not subject to full or partial refunds.
28. PAYMENT TERMS: Half of the total contract payment is due at time of scheduling, the remaining balance is due upon completion. Ask about our special financing programs for credit card payments and low interest loans to assist funding your project. If your check is returned for non-sufficient funds, you expressly authorize your account to be electronically debited or bank drafted for the amount of the check plus any applicable fees. The use of a check for payment is your acknowledgement and acceptance of this policy and its terms and conditions.
By signing below, I represent that: (1) I am an authorized representative for the service address above and have the authority to bind the contracting party; (2) I have read this Agreement in its entirety, including the Terms and Conditions and I fully and understand the service(s) proposed. The parties agree that this agreement may be electronically signed. The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability and admissibility.
Furthermore,
Roll Off Dumpster Rental - 12 yard
$425.00 plus tax = Includes 1 ton (2000 lbs) and 7 day rental
*Anything over 1 ton is $110.00 per ton.
*Anything over 7 days is $15.00 per day.
=> YOU MUST CALL US WHEN READY FOR PICKUP WE DON'T AUTOMATICALLY SCHEDULE PICKUP AFTER 7 DAYS
=> MAXIMUM RENTAL LENGTH IS 30 DAYS PER DUMPSTER.
*Includes delivery, hauling and disposal charges.
*Additional fees will be applied if we can not deliver or pickup the dumpster because it is overfilled above the top of the dumpster, blocked, stuck or an overhead obstruction is in our way at the time of delivery or pickup (Extra Trip Fee = $150, Dig Out Stuck Fee = $150, Relocation Fee = $150.00, etc.).
DISCLAIMER: Expert Dumpster will access the property with heavy equipment and trucking over existing surfaces (i.e. Stone, Patios, Concrete, Grass, Asphalt, etc.) this equipment may cause surface and subsurface damages due to their weight and access points required for our work to be performed. Expert Dumpster takes no responsibility to damages that may occur to existing surfaces and subsurface piping/tanks/wells, etc. When mobilizing dumpsters to location, customer can provide extra wood as necessary for surface scratch protection, we make no warranty against surface and subsurface damages for dumpster placements. Be aware that overhead tree limbs and obstructions may get damaged while placing the dumpster, Expert Dumpster takes no responsibility to damages that may occur to overhead tree limbs and obstructions.
ITEMS YOU ARE NOT ALLOWED TO DISPOSE OF IN THE DUMPSTER UNDER THIS CONTRACT:
*Aerosol Cans, Asbestos, Animals, Antifreeze, Appliances
*Batteries, Barrels, Biohazardous Materials/Medical Waste
*Chemical Products, Computers, Concrete, Contaminated Oil (mixed with solvents, gasoline, etc.)
*Equipment Containing Gas or Oil, Flammable Liquids, Fluorescent Tubes
*Gasoline, Herbicides & Pesticides, Industrial Waste, Liquid Paint
*Liquids/Solvents/Freon/Chemicals, Monitors, Microwaves, Motor Oil
*Paint, Petroleum-Contaminated Soil/Lead Paint Chips, Propane tanks
*Radioactive Materials, Rail Road Ties, Refrigerators, Soil, Solvents
*Plasma Televisions, Tires, Trees, Brush, Logs or Timbers
***Liability for appropriate waste remains with the customer as agreed to in the terms and conditions.
***If you need to dispose of any of these materials, let us know and we’ll provide you pricing accordingly.
***If you have any questions about what is allowed, please contact us to ask before you dispose. Thank you!
____________________________________________________________________________________
Roll Off Dumpster Rental - 20 yard
$475.00 plus tax = Includes 1 ton (2000 lbs) and 7 day rental
*Anything over 1 ton is $110.00 per ton.
*Anything over 7 days is $15.00 per day.
=> YOU MUST CALL US WHEN READY FOR PICKUP WE DON'T AUTOMATICALLY SCHEDULE PICKUP AFTER 7 DAYS
=> MAXIMUM RENTAL LENGTH IS 30 DAYS PER DUMPSTER.
*Includes delivery, hauling and disposal charges.
*Additional fees will be applied if we can not deliver or pickup the dumpster because it is overfilled above the top of the dumpster, blocked, stuck or an overhead obstruction is in our way at the time of delivery or pickup (Extra Trip Fee = $150, Dig Out Stuck Fee = $150, Relocation Fee = $150.00, etc.).
DISCLAIMER: Expert Dumpster will access the property with heavy equipment and trucking over existing surfaces (i.e. Stone, Patios, Concrete, Grass, Asphalt, etc.) this equipment may cause surface and subsurface damages due to their weight and access points required for our work to be performed. Expert Dumpster takes no responsibility to damages that may occur to existing surfaces and subsurface piping/tanks/wells, etc. When mobilizing dumpsters to location, customer can provide extra wood as necessary for surface scratch protection, we make no warranty against surface and subsurface damages for dumpster placements. Be aware that overhead tree limbs and obstructions may get damaged while placing the dumpster, Expert Dumpster takes no responsibility to damages that may occur to overhead tree limbs and obstructions.
ITEMS YOU ARE NOT ALLOWED TO DISPOSE OF IN THE DUMPSTER UNDER THIS CONTRACT:
*Aerosol Cans, Asbestos, Animals, Antifreeze, Appliances
*Batteries, Barrels, Biohazardous Materials/Medical Waste
*Chemical Products, Computers, Concrete, Contaminated Oil (mixed with solvents, gasoline, etc.)
*Equipment Containing Gas or Oil, Flammable Liquids, Fluorescent Tubes
*Gasoline, Herbicides & Pesticides, Industrial Waste, Liquid Paint
*Liquids/Solvents/Freon/Chemicals, Monitors, Microwaves, Motor Oil
*Paint, Petroleum-Contaminated Soil/Lead Paint Chips, Propane tanks
*Radioactive Materials, Rail Road Ties, Refrigerators, Soil, Solvents
*Plasma Televisions, Tires, Trees, Brush, Logs or Timbers
***Liability for appropriate waste remains with the customer as agreed to in the terms and conditions.
***If you need to dispose of any of these materials, let us know and we’ll provide you pricing accordingly.
***If you have any questions about what is allowed, please contact us to ask before you dispose. Thank you!
____________________________________________________________________________________
Roll Off Dumpster Rental - 30 yard
$525.00 plus tax = Includes 1 ton (2000 lbs) and 7 day rental
*Anything over 1 ton is $110.00 per ton.
*Anything over 7 days is $15.00 per day.
=> YOU MUST CALL US WHEN READY FOR PICKUP WE DON'T AUTOMATICALLY SCHEDULE PICKUP AFTER 7 DAYS
=> MAXIMUM RENTAL LENGTH IS 30 DAYS PER DUMPSTER.
*Includes delivery, hauling and disposal charges.
*Additional fees will be applied if we can not deliver or pickup the dumpster because it is overfilled above the top of the dumpster, blocked, stuck or an overhead obstruction is in our way at the time of delivery or pickup (Extra Trip Fee = $150, Dig Out Stuck Fee = $150, Relocation Fee = $150.00, etc.).
DISCLAIMER: Expert Dumpster will access the property with heavy equipment and trucking over existing surfaces (i.e. Stone, Patios, Concrete, Grass, Asphalt, etc.) this equipment may cause surface and subsurface damages due to their weight and access points required for our work to be performed. Expert Dumpster takes no responsibility to damages that may occur to existing surfaces and subsurface piping/tanks/wells, etc. When mobilizing dumpsters to location, customer can provide extra wood as necessary for surface scratch protection, we make no warranty against surface and subsurface damages for dumpster placements. Be aware that overhead tree limbs and obstructions may get damaged while placing the dumpster, Expert Dumpster takes no responsibility to damages that may occur to overhead tree limbs and obstructions.
ITEMS YOU ARE NOT ALLOWED TO DISPOSE OF IN THE DUMPSTER UNDER THIS CONTRACT:
*Aerosol Cans, Asbestos, Animals, Antifreeze, Appliances
*Batteries, Barrels, Biohazardous Materials/Medical Waste
*Chemical Products, Computers, Concrete, Contaminated Oil (mixed with solvents, gasoline, etc.)
*Equipment Containing Gas or Oil, Flammable Liquids, Fluorescent Tubes
*Gasoline, Herbicides & Pesticides, Industrial Waste, Liquid Paint
*Liquids/Solvents/Freon/Chemicals, Monitors, Microwaves, Motor Oil
*Paint, Petroleum-Contaminated Soil/Lead Paint Chips, Propane tanks
*Radioactive Materials, Rail Road Ties, Refrigerators, Soil, Solvents
*Plasma Televisions, Tires, Trees, Brush, Logs or Timbers
***Liability for appropriate waste remains with the customer as agreed to in the terms and conditions.
***If you need to dispose of any of these materials, let us know and we’ll provide you pricing accordingly.
***If you have any questions about what is allowed, please contact us to ask before you dispose. Thank you!
____________________________________________________________________________________
Roll Off Dumpster Rental - 40 yard
$575.00 plus tax = Includes 1 ton (2000 lbs) and 7 day rental
*Anything over 1 ton is $110.00 per ton.
*Anything over 7 days is $15.00 per day.
=> YOU MUST CALL US WHEN READY FOR PICKUP WE DON'T AUTOMATICALLY SCHEDULE PICKUP AFTER 7 DAYS
=> MAXIMUM RENTAL LENGTH IS 30 DAYS PER DUMPSTER.
*Includes delivery, hauling and disposal charges.
*Additional fees will be applied if we can not deliver or pickup the dumpster because it is overfilled above the top of the dumpster, blocked, stuck or an overhead obstruction is in our way at the time of delivery or pickup (Extra Trip Fee = $150, Dig Out Stuck Fee = $150, Relocation Fee = $150.00, etc.).
DISCLAIMER: Expert Dumpster will access the property with heavy equipment and trucking over existing surfaces (i.e. Stone, Patios, Concrete, Grass, Asphalt, etc.) this equipment may cause surface and subsurface damages due to their weight and access points required for our work to be performed. Expert Dumpster takes no responsibility to damages that may occur to existing surfaces and subsurface piping/tanks/wells, etc. When mobilizing dumpsters to location, customer can provide extra wood as necessary for surface scratch protection, we make no warranty against surface and subsurface damages for dumpster placements. Be aware that overhead tree limbs and obstructions may get damaged while placing the dumpster, Expert Dumpster takes no responsibility to damages that may occur to overhead tree limbs and obstructions.
ITEMS YOU ARE NOT ALLOWED TO DISPOSE OF IN THE DUMPSTER UNDER THIS CONTRACT:
*Aerosol Cans, Asbestos, Animals, Antifreeze, Appliances
*Batteries, Barrels, Biohazardous Materials/Medical Waste
*Chemical Products, Computers, Concrete, Contaminated Oil (mixed with solvents, gasoline, etc.)
*Equipment Containing Gas or Oil, Flammable Liquids, Fluorescent Tubes
*Gasoline, Herbicides & Pesticides, Industrial Waste, Liquid Paint
*Liquids/Solvents/Freon/Chemicals, Monitors, Microwaves, Motor Oil
*Paint, Petroleum-Contaminated Soil/Lead Paint Chips, Propane tanks
*Radioactive Materials, Rail Road Ties, Refrigerators, Soil, Solvents
*Plasma Televisions, Tires, Trees, Brush, Logs or Timbers
***Liability for appropriate waste remains with the customer as agreed to in the terms and conditions.
***If you need to dispose of any of these materials, let us know and we’ll provide you pricing accordingly.
***If you have any questions about what is allowed, please contact us to ask before you dispose. Thank you!
