THIS AGREEMENT (“Agreement”), made as of the date Dumpster is requested and is by and between RED DOG DUMPSTERS, LLC, a Tennessee limited liability company (“Red Dog Dumpsters”) and you, either individually or as authorized agent and/or contractor, as set forth as disclosed to Red Dog Dumpsters upon request of Dumpster (sometimes referred herein as “you” and/or “Customer”).
Customer has requested that Red Dog Dumpsters, LLC deliver a roll-off dumpster (“Dumpster”) to the above address (“Site”). Customer understands that Red Dog Dumpsters, LLC will use reasonable and customary precautions at delivery and removal of the dumpster at Site. Customer hereby assumes all responsibility for any damage that may result to the Site, including but not limited to any driveway, sidewalk, yard or other improvements thereon during delivery and removal of the Dumpster. Customer assumes all responsibility, liability, and obligations and shall hold harmless and indemnify Red Dog Dumpster for all fines, charges, liabilities, expenses, fees of environmental professionals, and reasonable attorney’s fees in connection with this Agreement including any action that may arise while the Dumpster is located at Site.
If you have ordered Dumpster as a contractor, Customer has requested that Red Dog Dumpsters deliver Dumpster at the drop-off address made in such request (“Site”). Customer hereby acknowledges, represents and warrants that Customer has permission from the property owner of the Site (“Property Owner”) to enter into this Agreement and have the dumpster placed on and at Site. Customer and Property Owner hereby assume all responsibility for any damage that may result to the Site, including but not limited to any driveway, sidewalk, yard or other improvements thereon during delivery and removal of the Dumpster. Customer and Property Owner assume all responsibility, liability, and obligations and shall hold harmless and indemnify Red Dog Dumpster for all fines, charges, liabilities, expenses, fees of environmental professionals, and reasonable attorney’s fees in connection with this Agreement including any action that may arise while the Dumpster is located at Site.
General Terms and Conditions:
Customer agrees to a trip fee charged to my credit card, in an amount not less than Fifty and no/100 Dollars ($50.00), in the event Dumpster is not (in the driver’s sole discretion) available, accessible, or in a condition for pick up or removal when the driver arrives on the scheduled pick up day. Red Dog Dumpsters may email a time stamped picture from the driver to evidence any issue or inability to pick- up the Dumpster.
Red Dog Dumpsters WILL NOT ACCEPT any hazardous material including, but not limited, of the following: Tires, Batteries, Computers, TV’s, Hot Water Heaters, Barrels, Liquid Paint, Liquid Waste, Microwaves, Lawn Mowers, Gas Engines, Ballast, Condensers, Household Garbage or Refuse, Solvents, Paint Thinners, Motor Oil, Used Oil Filters, Dead Animals, Medical Waste, Asbestos, Propane Tanks, Gas Tanks, Gas Cylinders, Freon Tanks, Hazardous Waste, Radioactive Waste, Corrosive Waste, Ignitable Waste, Toxic Waste, Explosives, and Appliances containing freon (i.e. refrigerators, freezers and/or a/c units) (“Hazardous Waste”). Customer shall be and remain responsible for all Hazardous Waste placed in the container, by customer or other parties. Any materials deemed Hazardous Waste may be subject to rejection or additional disposal fees. Any Hazardous Waste discovered at dumping of Dumpster will result in Customer incurring a FINE of not less than Three Hundred and no/100 Dollars ($300.00) plus any fines or penalties incurred from any governmental entity, Transfer Stations, or dumping facilities, and all materials in question may be returned to the Site at Customer’s sole cost and expense.
Customer shall indemnify and hold Red Dog Dumpster harmless against any claim for any material placed in Dumpster in violation of any Applicable Environmental Laws. As used herein, the term “Applicable Environmental Laws” means any applicable federal, state or local laws, rules or regulations pertaining to health or the environment, or petroleum products, or radon radiation, or oil or hazardous substances, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (“CERCLA”), the Resource Conservation and Recovery Act of 1976, as amended (“RCRA”), the Superfund Amendments and Reauthorization Act of 1986 (“SARA”), the Hazardous Materials Transportation Act, 49U .S. C. __ 6901. et seq., as amended, the Federal Water Pollution Control Act, 33 U. S. C .25, et seq., as amended, the Clean Air Act, 42 U. S. C. 741, et seq., as amended, the Clean Water Act 33 U. S. C. 7401 et seq., as amended, the Toxic Substances Control Act, 15 U. S. C. 2601-2629, as amended, the Safe Drinking Water Act, 42 U. S. C. 300f-300j, as amended, and the Federal Emergency Planning and Community Right-To-Know Act of 1986, as amended.
Only minimal amounts of dirt, concrete, rock, brick or asphalt may be placed in Dumpster. Customer acknowledges that weight restrictions prohibit more than one (1) yard of concrete, rock, asphalt, dirt or plaster and lath in any loading of Dumpster. Overloaded Dumpsters will be subject to a fine of not less than One Hundred and no/100 Dollars ($100.00) and/or rejection of pick-up of Dumpster.
DO NOT LOAD ABOVE THE TOP RIM OF THE CONTAINER. Excess materials will not be removed by the driver. Upon rejection of the Dumpster (for overloading or otherwise), Customer shall remedy such issue or condition and shall be responsible for any additional charges and shall then reschedule pick-up.
- Use caution if operating the Dumpster’s door(s). Keep children out of/away from the Dumpster. Red Dog Dumpsters assumes NO RESPONSIBILITY AND CUSTOMER WAIVES ALL LIABILITIES for injuries to any person sustained while in, around or loading containers by Customer of other parties or that may arise while the Dumpster is located at Site.
- Red Dog Dumpsters shall not be liable for property damage done to Site or property not owned by Customer or your customer, if Customer is a contractor. Red Dog Dumpsters will not deliver the Dumpster if we cannot perform our service on your property, your customer’s property, or public property, in our sole discretion. Customer must have a property damage liability waiver form signed by the property owner, prior to any attempt to place Dumpster across property lines.
PLEASE NOTE: Placing a Dumpster on a lawn, dirt, gravel or other non-paved surface has the potential to leave ruts or indentations on that surface. Red Dog Dumpsters is not responsible for damage when placement of Dumpster is requested to be made on a soft surface.
Once the Dumpster(s) have been placed, DO NOT MOVE DUMPSTER. If the Dumpster has been moved, Customer agrees to be liable for all additional associated property damages, move, or clean up fees.
Customer may be required to have a parking permit/license by local municipality, governmental entity, or association for placements of Dumpsters at certain locations (i.e. on the street). Red Dog Dumpsters is not liable for any fines, fees, penalties or citations as a result of Customer’s non-compliance with local ordinances or failure to procure such permit/license, and Customer hereby agrees to comply with all ordinances, laws, rules, and requirements for rental and placement of Dumpster and are liable for any citations/fines.
Loading Terms & Conditions:
- Dumpster, its condition, and use shall be Customer’s sole responsibility following delivery and prior to pick-up. Red Dog Dumpsters accepts no responsibility or liability for the contents of the Dumpster.
- Do Not Load materials above the top of the container. Red Dog Dumpsters will not remove any excess material. Customer will be subject to at least a $50.00 trip fee in the event Dumpster is not in a condition to remove at time of pick-up. Overloaded containers will be left on Site for Customer to dispose of any excess materials.
- No machine loading. (ie. no bobcats, skid-steers, backhoes, forklifts, etc.)
- Do not fill containers FULL of dirt, concrete block, bricks, stone or rock. ANY Red Dog Dumpsters Dumpster that are too heavy to lift, remove and haul will be Customer’s responsibility to off load prior to another attempt at pickup. Customer will be subject to at least a $50.00 trip fee in the event Dumpster is not in a condition to remove at time of pick-up
Payment Terms & Conditions:
- Customer agrees to pay all legal / collection fees accrued in conjunction with the collection of any outstanding debts.
- Red Dog Dumpsters, LLC is not responsible for any verbal contracts, bindings or agreements made by its drivers, or agents. This agreement and its terms and conditions are the binding authority between you and Red Dog Dumpsters, LLC for 10 & 15 yard container service.
By signing this agreement below, you agree, and are bound by these terms and conditions.
- Customer agree to pay Red Dog Dumpsters all charges, expenses, reasonable attorney’s fees and costs actually incurred by Red Dog Dumpsters in connection with Red Dog Dumpsters’ enforcement of this Agreement, including charges, expenses, reasonable attorney’s fees actually incurred and costs of litigation in any appellate or bankruptcy proceedings.
- In the event that any provision hereof is deemed to be invalid by reason of the operation of any law or by reason of the interpretation placed thereon by any court, this Agreement shall be construed as not containing such provision and the invalidity of such provision shall not affect other provisions which are otherwise lawful and valid and shall remain in full force and effect.
- This Agreement may not be modified or amended except in writing signed by Customer and Red Dog Dumpsters.
- THE VALIDITY, INTERPRETATION, ENFORCEMENT AND EFFECT OF THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TENNESSEE. CUSTOMER HEREBY IRREVOCABLY CONSENTS TO THE JURISDICTION OF THE COURTS LOCATED IN DAVIDSON COUNTY, TENNESSEE, INCLUDING WITHOUT LIMITATION FEDERAL COURTS SITTING IN THE MIDDLE DISTRICT OF TENNESSEE AND THE CHANCERY COURT FOR DAVIDSON COUNTY, TENNESSEE, FOR ANY SUIT BROUGHT OR ACTION COMMENCED IN CONNECTION WITH THIS AGREEMENT. CUSTOMER REPRESENTS THAT ENTERING INTO THIS AGREEMENT CONSTITUTES SUFFICIENT MINIMUM CONTACT WITH DAVIDSON COUNTY AND THE STATE OF TENNESSEE FOR THE PURPOSE OF CONFERRING JURISDICTION UPON THE FEDERAL AND STATE COURTS PRESIDING IN SUCH COUNTY AND STATE, CUSTOMERS CONSENT THAT ANY LEGAL ACTION OR PROCEEDING ARISING HEREUNDER MAY BE BROUGHT IN THE CIRCUIT COURT OF THE STATE OF TENNESSEE, DAVIDSON COUNTY, TENNESSEE OR THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE AND ASSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH COURT IN ANY ACTION OR PROCEEDING INVOLVING THIS AGREEMENT. NOTHING HEREIN SHALL LIMIT THE JURISDICTION OF ANY OTHER COURT, BUT CUSTOMER AGREES NOT TO CONTEST OR CHALLENGE VENUE OF ANY SUCH COURTS LOCATED IN DAVIDSON COUNTY.