ON SCENE DUMPSTERS
ROLL-OFF DUMPSTER RENTAL AGREEMENT
IMPORTANT WEIGHT NOTICE: Maximum permitted debris weight is 7,000 lb (3.5 tons), regardless of container size. The 23-yard container provides more volume, not more legal weight. Heavy materials must remain below the marked heavy-material/blue fill line.
1. Agreement and Parties
This Rental Agreement is between On Scene Dumpsters LLC ("Company") and the customer identified above ("Customer"). Customer accepts all terms by signing, electronically accepting, paying, directing delivery, or using the container. The person ordering represents that he or she is at least 18 years old and authorized by the property owner or responsible party.
2. Rental Charges and Payment
Customer shall pay the quoted base rental, applicable taxes, disposal overages, additional days, special-item charges, travel charges, failed-trip charges, cleaning or contamination charges, property-recovery costs, and other agreed fees. Unless the quote states otherwise: additional weight is $80 per ton, prorated by scale weight; additional days are $15 per calendar day; and a blocked, overloaded, inaccessible, canceled-at-site, or otherwise unsuccessful delivery/pickup is $100. Company may require advance payment and a valid card on file. Customer authorizes Company to charge undisputed amounts supported by the agreement, photographs, scale tickets, disposal receipts, GPS/job records, or communications. Chargebacks do not eliminate Customer's payment obligation.
3. Rental Period, Delivery and Pickup
Unless the written quote states otherwise, the base rental includes three (3) calendar days beginning on the date the container is delivered. Additional time requires Company approval and is charged at $15 per calendar day. The rental continues until Company retrieves the container. Additional-day charges apply when retrieval is delayed by a Customer request, blocked or unsafe access, an overloaded or unsafe load, prohibited materials, or another Customer-controlled condition. Additional-day charges do not accrue solely because Company schedules retrieval after Customer timely makes the container accessible, compliant, and ready for pickup. Delivery and pickup times are estimates affected by traffic, disposal-facility conditions, weather, equipment, emergencies, and safe access. Company may retrieve the container at the end of the agreed term or earlier for safety, nonpayment, prohibited use, legal requirements, or breach. Customer may not move, tow, alter, climb into, burn in, or allow another hauler to service the container.
4. Access and Placement Authorization
Customer shall provide at least 60 feet of straight approach, adequate width, and at least 23 feet of clear vertical space, free of vehicles, gates, wires, branches, sprinklers and other obstacles. Customer authorizes Company to enter the service property and place/retrieve the container at Customer's direction. Customer is responsible for HOA approval and any public-right-of-way, street, alley or municipal permit. Company may refuse any location it considers unsafe or unlawful. The driver retains final placement authority.
5. Surface and Property Damage Release
Dumpsters and heavy trucks can crack, rut, stain, scrape or otherwise damage asphalt, concrete, pavers, curbs, landscaping, irrigation, septic systems, utilities and other surfaces, especially when weight is concentrated or subsurface conditions are unknown. Customer selects the placement area and assumes these risks. To the fullest extent allowed by Arizona law, Customer releases Company from damage arising from ordinary delivery, placement or pickup at Customer's requested location, except damage finally determined to result from Company's gross negligence or willful misconduct. Protective boards reduce but do not eliminate risk. Customer must disclose septic tanks, drain fields, wells, utility lines, soft ground and hidden conditions before delivery.
6. Permitted Materials
Unless Company approves otherwise in writing, permitted material is ordinary nonhazardous household junk, furniture, clean yard debris, and construction/remodeling debris appropriate for the quoted load. Material must be evenly distributed, contained within the walls, below the applicable fill line, and covered or secured as Company directs. Customer shall describe the debris accurately before delivery and shall not mix material categories where a clean or special load was quoted.
7. Prohibited and Restricted Materials
Prohibited materials include hazardous, toxic, flammable, explosive, corrosive, infectious or radioactive material; wet paint, solvents, fuels, oil, chemicals, pesticides, propane tanks, pressurized cylinders, batteries, asbestos or suspected asbestos, medical waste, sewage, liquids, hot ash, burning material, ammunition, explosives, contaminated soil, and any material prohibited by law or the receiving facility. Tires, mattresses, appliances, electronics, refrigerators/air conditioners, railroad ties, animal remains, food waste, and other special items require advance written approval and may incur fees. Company may refuse pickup until prohibited material is removed safely, or may arrange lawful handling at Customer's expense where permitted.
8. Heavy Materials and Roofing
Concrete, dirt, soil, rock, gravel, brick, block, asphalt, plaster, tile, stucco, roofing and other dense materials require advance disclosure and Company approval. Clean heavy-material loads must remain separated and below the marked heavy-material/blue line. Roofing shingles and tile must remain below the material-specific line stated by Company. No load may exceed 7,000 lb (3.5 tons) of debris even if material remains below a visual line. Volume, fill lines and included weight are separate limits; the lowest applicable limit controls.
9. Overloaded or Unsafe Loads
Company will not knowingly transport an unsafe, unbalanced, uncovered, protruding, leaking or overweight load. If a load exceeds a fill line, contains protruding material, is improperly distributed, or is reasonably believed to exceed 7,000 lb, Customer must remove or rearrange material before pickup. Customer is responsible for resulting trip, waiting, labor, unloading, disposal and additional-day charges. Company may weigh or partially unload a load as reasonably necessary for safety and legal compliance, but is not required to do so.
10. Weight Determination
Certified or receiving-facility scale tickets control billable weight. Billable debris weight is determined from the loaded and empty/tare weights used by the facility or Company. When a weight-overage charge applies, Company will provide Customer with a copy or digital image of the available certified or receiving-facility scale ticket supporting the charge. Included tonnage is an allowance, not a guaranteed carrying capacity. Rainwater, mud and unauthorized additions count toward actual weight.
10A. Load-Caused Charges and Carrier Responsibility
Customer is responsible for documented excess-weight charges, disposal-facility charges, special-handling fees, required unloading or reloading, cleanup costs, and reasonable delay or recovery costs caused by the contents, weight, distribution, prohibited materials, or unsafe condition of Customer's load. Customer is not responsible for Company's ordinary vehicle maintenance, ordinary tire failure, mechanical breakdown, or traffic or equipment citations unrelated to Customer's load. If a prohibited, improperly secured, unsafe, or overweight Customer load directly causes a documented citation, tire or equipment damage, roadside service, required unloading, or other charge, Customer is responsible only to the extent the charge was directly caused by that load and supported by reasonable documentation.
11. Customer Care, Security and No Third-Party Dumping
Customer is responsible for the container and its contents from delivery until retrieval, including unauthorized dumping, theft, vandalism, fire, graffiti and government citations. Customer shall secure the site when practical and immediately report damage. Customer shall not paint, weld, drill, attach signs to, modify or mechanically compact contents in the container. Customer is liable for repair or replacement beyond ordinary wear.
12. Cancellation and Waiting Time
Unless the quote states otherwise, Customer may cancel without charge before Company dispatches. After dispatch, or when delivery cannot be completed because of Customer, site or access conditions, the $100 failed-trip charge applies. Waiting time exceeding 15 minutes caused by Customer or site conditions may be charged at $25 per additional 15 minutes. Same-day cancellation of a reserved container may also be subject to lost-rental charges if disclosed in the quote.
13. Compliance and Indemnity
Customer shall comply with applicable laws, ordinances, HOA rules and disposal restrictions. To the fullest extent allowed by law, Customer shall defend, indemnify and hold harmless Company and its owners, employees and agents from third-party claims, fines, cleanup costs, injuries, liens, property damage and expenses, including reasonable attorney fees, arising from Customer's materials, instructions, property conditions, unauthorized use, breach, negligence, or violation of law, except to the extent finally caused by Company's gross negligence or willful misconduct.
14. Limitation of Liability
To the fullest extent permitted by law, Company is not liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, project delay, loss of use or replacement-service cost. Company's aggregate liability arising from a rental shall not exceed the amount Customer paid Company for that rental, except where a limitation is prohibited by law or for liability finally determined to result from gross negligence or willful misconduct.
15. Default and Collection
Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum lawful rate. Customer shall reimburse reasonable collection costs and attorney fees incurred to collect amounts properly due or enforce this Agreement, subject to applicable law. Company may suspend service, retrieve equipment and decline future rentals for nonpayment or breach.
16. Disputes, Arizona Law and Venue
Arizona law governs without regard to conflict-of-law rules. Before filing suit, the parties shall make a good-faith effort to resolve the dispute through written notice and informal discussion. Any action not eligible for small-claims court shall be brought in a state or federal court with jurisdiction in Pinal County, Arizona, and each party consents to that venue. Nothing prevents Company from retrieving its equipment, addressing an emergency, collecting an undisputed amount, or seeking temporary injunctive relief.
17. Electronic Communications and Evidence
Customer consents to calls, texts and emails concerning the rental at the contact information provided. Electronic signatures and approvals are enforceable to the extent allowed by law. Photographs, video, communications, GPS/job records, scale tickets and disposal records may be used to document placement, condition, contents, weight and performance. Company will use such records for legitimate business, safety, payment and dispute purposes.
18. General Terms
Neither party is liable for delay caused by events beyond reasonable control. Customer may not assign this Agreement without Company's written consent. Waiver of one breach is not a waiver of another. If a provision is unenforceable, it shall be narrowed or severed while the remainder continues. This Agreement, the accepted quote, invoice and written job-specific addenda are the entire agreement; conflicting preprinted customer terms are rejected. Any amendment must be in a writing accepted by both parties.
PRICE AND LOAD ACKNOWLEDGMENT
CUSTOMER ACKNOWLEDGMENT: I have read and agree to this Agreement. I understand the 7,000 lb (3.5 ton) debris maximum, material-specific fill lines, prohibited-material rules, surface-damage risks, payment authorization, and possible additional charges.
ON SCENEDUMPSTERS 480-229-9700
