Dumpster Rental

DEBRIS BOX AGREEMENT/RELEASE OF LIABILITY

The undersigned (herein, “Customer”) hereby agrees to the following in connection with the provision of services and products by South Tahoe Refuse & Recycling Services (STR), Tahoe Basin Container & Recycling Services (TBC), Douglas Disposal & Recycling Services (DDI), and/or South Tahoe Refuse & Recycling Services – American River (STR-AR) (collectively, “Company”):

Services:

Company may provide any of the following services or products (collectively, “Services”) or related Services: Operation of garbage trucks/roll off trucks/fork trucks in the use, or access, of privately or jointly owned property and/or driveway(s); Provision of enclosures for storage of refuse containers/drop boxes by owners/ lessees, or others, for the purpose of providing collection services of commercial or residential refuse, placing drop boxes or other items; Use of private property or driveways for residential collection, or other Services performed by Company personnel. The Services may include the use of winter attachments to vehicles, such as chains. It is the Customer’s responsibility to ensure that Customer’s property, driveway(s) or pathway can support the Services during all weather conditions.

General Conditions:

• While Company cannot guarantee time of delivery or pickup, every effort will be made to accommodate Customer.
• Customer grants permission to Company to enter Customer’s premises for the purpose of delivery and retrieval of debris box or compactor. Company reserves the right to refuse delivery of debris box or compactor it finds that location is in any way hazardous or inaccessible.
• Customer assumes risk of any damage done to Customer’s real or personal property during the course of loading box or compactor as well as loading and unloading operations of debris box truck. This includes, but is not limited to, scrapes or indentations made to driveways or damage to landscaping in the immediate vicinity due to size and weight of debris box or compactor.
• Company agrees to exercise reasonable care in the placement and removal of debris box or compactor, once debris box or compactor has been delivered and placed, Customer shall not attempt to relocate it using forklift, tractor or any other means.
• Except for ordinary wear and tear, Customer shall maintain debris box or compactor in good repair. Customer will be liable for any damage caused by fire, theft, vandalism, or abuse/misuse.
• Customer agrees to exercise reasonable care in filling debris box or compactor and shall remain liable for any personal injury as a result of debris box use.

Conditions Related to Use:

1. No items shall protrude above or beyond the rim of box.
2. Maximum weight limit for debris box is 20,000 lbs. (10 tons) or 2,000 lbs. (1 ton) for a 6-yd debris box. In the event that a debris box has been overloaded or is overweight, an additional box will be delivered, at Customer’s expense, to offload the excess material.
3. If a box is to be used to contain dirt, rocks, concrete, sod, stumps or any other heavy material, Company must be notified in advance so that a special box (10-yd special or 33-yd stump box) can be delivered.
4. No wet cement, tires, hazardous material, refrigerators, special waste (TVs or computer monitors), or universal hazardous wastes (batteries; electronic devices; fluorescent light bulbs; mercury-containing thermostats, railroad ties, solar panels. electrical switches and relays) in boxes. If any forbidden items/materials are found in the box or compactor at the time of pickup, Customer will be charged for the special handling/disposal of those items/materials. Customer will be required to remove such items or any hazardous materials.
5. Customer must call one (1) business day in advance to request dump and return.
6. If debris box or compactor is determined to be inaccessible due to blockage of any kind, a service charge in addition to any applicable rent will be charged to Customer. Rent will continue to be applied until blockage has been removed and debris box is picked up.
7. Box doors must be closed and secured prior to pick up.

If Customer fails to abide by the conditions set forth above, Customer shall be held liable for any expense or equipment damage caused.

Other Charges:

Debris boxes are rented for a period of one (1) calendar week (7 days 5/1 -10/15) or (14 days 10/16-4/30) for one (1) dump. Customer agrees to pay Company the stated charge. CUSTOMER MUST CALL 24 HOURS PRIOR TO A CHANGE IN SERVICE REQUEST.


1. Return-trip Charge: A fee of $125.00 will be applied for any additional trip(s) made due to overloading or inaccessibility.

2. Service charge: A service charge of $106.11 per ton overweight will be applied if the 1-ton or 10-ton weight limit is exceeded.
 

Acknowledgments:
COMPANY DOES NOT REPAIR, REPLACE, OR MAINTAIN, BEAR BOXES OR REFUSE ENCLOSURES, USED BY OWNERS, CONTRACTORS, OR LESSEES. DROP BOXES, COMPACTORS OR OTHER GARBAGE CONTAINERS, MUST BE ACCESSIBLE BY COMPANY REFUSE COLLECTION EMPLOYEES WITHOUT OBSTRUCTION, ON FIRM AND DRIVABLE SURFACES, ADEQUATE ROOM FOR GUIDES, RAILS, STOPS AND ADEQUATE ROOM FOR SHOOTS. CUSTOMER AGREES AND ACKNOWLEDGES THAT ACCESS ROUTES, DRIVEWAYS, OR OTHER SURFACES ARE CUSTOMER’S RESPONSIBILITY AND ACCEPTS FULL LIABILITY AND RESPONSIBILITY FOR ANY DAMAGES AS A RESULT OF ANY SERVICES PROVIDED BY COMPANY. CUSTOMERS NOT PROVIDING APPROPRIATE ACCESS TO CONTAINERS/COMPACTORS AND DROP BOXES MAY BE SUBJECT TO ADDITIONAL SURCHARGE, SUSPENSION OF SERVICE, OR BOTH.
Customer acknowledges that inclement weather may affect the Services, and how and when any debris boxes or containers are delivered or emptied. All Services are subject to existing weather conditions. Customer shall exercise due diligence to be aware of current weather and road conditions and how this may affect Company’s Services based on the location of the debris box/container. Company is not able to monitor all locations. IT IS CUSTOMER’S RESPONSIBILITY TO INFORM COMPANY OF ANY CONDITIONS THAT MIGHT IMPACT THE SERVICES AND THE ABILITY TO DUMP/RETURN OR DUMP/FINAL A DEBRIS BOX/CONTAINER. IF A DEBRIS BOX/CONTAINER IS IN AN AREA THAT BECOMES INACCESSIBLE TO COMPANY, CUSTOMER WILL BE RESPONSIBLE FOR THE FULL DAILY RENTAL AMOUNT COMMENCING ONE (1) DAY AFTER THE LAST DUMP/RETURN OR DELIVERY AND UNTIL SUCH A TIME AS COMPANY CAN SAFELY ENTER THE AREA AND REMOVE THE BOX/CONTAINER.

Indemnity:

Customer, jointly and severally, shall fully defend, indemnify, and hold harmless STR, TBC, DDI, STR-AR and their respective officers, directors, shareholders, owners, employees, contractors, insurers, attorneys, and agents, and each of their respective successors and assigns (“Indemnified Parties”), from and against any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, in connection with the Services provided hereunder including as a result of the use, or presence of containers provided by Company. This release is without limitation for all claims of monetary loss, property damage, equitable relief, personal injury and/or wrongful death, whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of in any way whatsoever, any acts, omissions, negligence, or willful misconduct. of any person, agent, contractor, invitee, or volunteer or any Indemnified Party. This indemnification obligation applies to and includes without limitation the payment of all penalties, fines, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and any reimbursements to Company and Indemnified Parties for all legal fees, expenses and costs incurred by any of them.

Additional Provisions:

Authority to Enter Agreement. Customer warrants that the individuals who have signed this Agreement have the actual legal power, right and authority to make this Agreement and bind Customer.
Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, or privilege voluntarily given or performed by Company shall give Customer any right by estoppel or otherwise.
Attorney’s Fees and Costs. If any legal action or other proceeding is brought in connection with the Agreement, the successful or prevailing party, as determined by the court or trier of fact, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that party is entitled.
Entire Agreement. This Agreement contains the entire agreement between the parties hereto related to the matters specified herein and supersedes any prior oral or written statements or agreements between the parties related to such matters.
Applicable Law. This Agreement shall be governed exclusively by the laws for California, without regard to conflict of law provisions.
Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement shall be exclusively brought and litigated in the federal and state courts of California.