Terms of Service
By renting dumpsters from Green Terra Disposal Inc., Customer agrees to the below terms and conditions:
Dumpster Service Terms and Conditions:
Customer warrants that the waste material in the dumpster dropped and subsequently picked up by Green Terra Disposal Inc., will not contain hazardous, toxic, radioactive wastes, unacceptable, or other prohibited substances as defined by applicable Federal, State, local laws or regulations. The term “hazardous material” shall include but not be 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, and enabled or applicable state law. Without limiting the foregoing, prohibited, hazardous and restricted materials include, but are not limited to the following items: Asbestos, solvents, copier toner, fuels, propane tanks, other flammable liquids, aerosol cans, batteries, antifreeze, paint (unless dried latex), petroleum contaminated soil, dirt, lead paint chips, rocks or concrete, fluorescent tubes, kitchen-garbage-food, medical waste, railroad ties, animal carcasses, oils, barrels, industrial waste, all liquids, chemical products, radioactive material, oil filters, herbicides & pesticides, recyclable electronic devices (TV, radio, VCR, DVD players, computers, monitors), or tires. It is unlawful to improperly dispose of any radioactive, volatile, highly flammable, explosive, biomedical, infections, toxic, or hazardous material. Title to and liability for prohibited waste shall always remain with Customer. Green Terra Disposal Inc. Shall have the right to inspect, analyze, and/or test any waste delivered by Customer. Cleaning due to loading of restricted or hazardous materials may be billed at a 3rd party rate plus a reasonable markup.
Any materials not acceptable by Federal, State, and local laws/regulations WILL BE LEFT AT CUSTOMER’S LOCATION AT CUSTOMER’S EXPENSE. Customer agrees to indemnify, defend, and hold harmless Green Terra Disposal against all claims, damages, suits, penalties, fines, and liabilities for injury or death to persons or loss or damage to property or the environment arising out of breach of the warrant stated above. If unacceptable materials are discovered at the dumping site and Green Terra Disposal Inc. is subsequently fined for these materials, the customer agrees to pay the fine plus a 10% handling charge.
The customer is responsible for all loss or damage (including theft) to the dumpster provided other than normal wear and tear. Fork-lifts, backhoes, and other heavy equipment used in the loading of roll-off dumpsters are the leading cause of damage. The customer is responsible for reimbursement of all costs of repair of damaged dumpster. The payment might be charged to the card on file.
Moving a Green Terra Disposal Inc’s dumpster will result in a $250 fee and all costs incurred by Green Terra Disposal Inc. to repair and/or retrieve the dumpster.
The customer shall not overload or move the dumpster or make any alterations or improvements to the dumpster and shall use the dumpster only for the proper purposes for which it is intended. The customer shall be liable for any overweight fines or charges caused by an overload condition. Customer agrees to indemnify, defend and hold harmless Green Terra Disposal Inc against all claims, damages, suits, penalties, fines, and liabilities for injury or death to persons or loss or damage to property arising out of Customer’s use, operation, or possession of the dumpster.
On collection day, the Customer shall provide unobstructed access to the dumpster. If on the day of scheduled collection, the dumpster is inaccessible or dumpster is overloaded, the Customer will be notified and charged a one-time $150 trip fee for the missed attempt at collection.
Customer agrees to load their dumpster level and even with the sides, with no material sticking up above the sides of the dumpster, to provide for tarping the dumpster in conformance with State mandated load coverage regulations. Customer will be responsible for any violations or fines received because of an overloaded dumpster. Any additional charges due to excess tonnage in the roll-off dumpster will be automatically charged to the Customer’s credit card. The customer shall pay Green Terra Disposal for all excess tonnage above what was agreed in the roll-off dumpster at the rate of $100.00 per ton.
In no event will customers load debris weighing 12,000 lbs. or more.
If it is discovered at the dumpsite that the dumpster weight is over 12,000 lbs., there will be an overload fee charged on top of excess tonnage fee.
RENTAL TIME TERMS:
We rent our dumpsters for a term of 7-10 Days depending on the size. Arrangements for longer terms of service may be made in advance and may include an additional daily/weekly fee. Rental fee for over included time is $10 a day. The customer is solely responsible for contacting Green Terra Disposal Inc. in order to initiate the commencement of the services, as well as the final pick-up of dumpster allowing 24 to 48 hours to arrange the pick up.
DRIVEWAYS AND PARKING AREAS:
Customer warrants that any right of way provided by Customer for Green Terra Disposal location to the most convenient public way (street, road, etc.) is sufficient to bear the weight of all Green Terra Disposal dumpster and vehicles required to perform the service contracted. Green Terra Disposal shall not be responsible for damage to any private pavement or accompanying sub-surface or any route necessary to perform the services contracted. In addition, Green Terra Disposal shall not be responsible for damage to lawns, fences, or shrubbery in under an agreed-upon drop spot. In designating a drop spot, the Customer assumes all liabilities for damage to pavement or road surface, sidewalks, lawns, fences. shrubbery, trees, septic systems, or wells. Roll-Off Dumpsters and the trucks that bear them are extraordinarily heavy, especially when loaded.
CHARGES AND PAYMENTS:
Customer shall pay Green Terra Disposal per established rates for the services provided. Customer shall be liable for all taxes, fees, or other charges imposed upon the disposal of the Customer’s waste materials by Federal, State, local laws and regulations. Payment shall be made by the Customer by credit card or, in the case of an existing and approved client, a good check within ten (10) days after the receipt of an invoice from Green Terra Disposal unless otherwise agreed in writing. Green Terra Disposal may impose, and Customer agrees to pay, a late fee not to exceed the maximum rate allowed by applicable law for all past due payments.
Any charges, fees, and/or assessments incurred by Green Terra Disposal relative to the denial of payment to Green Terra Disposal by Customer’s credit card company, bank, or any other entity used by Customer in an attempt to pay Green Terra Disposal, are fully the responsibility of Customer and reimbursable to Green Terra Disposal, in full, by Customer, plus Customer agrees to pay Green Terra Disposal a fee of $35.00 per denial.
Customer acknowledges that certain locations and/or uses of the dumpster may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the dumpster (collectively referred to hereinafter as a “Permit”). Customer represents and warrants to Green Terra Disposal that Customer (and not Green Terra Disposal) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment. In the event that Customer fails to obtain and/or maintain all necessary and required Permits, Company may pick-up the Equipment without prior notice to Customer and without any liability to Customer.
Customer agrees to indemnify, defend and hold harmless Green Terra Disposal, including its officers, directors, members, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, judgments, debts, fines, penalties, charges, expenses, costs or other liabilities of whatsoever kind or nature (collectively, “Losses”) asserted or alleged by any third-party arising from or related to: (a) Overload Expenses; (b) Customer’s failure to obtain and/or maintain any required Permit; (c) Customer’s use or storage of Prohibited Substances in the dumpster; (d) loss or theft of the dumpster; (e) damage and/or destruction of the dumpster during the applicable rental term; (f) personal injury and/or property damage relating to Customer’s use and/or possession of the dumpster; (g) physical damage to streets, roadways, driveways, walkways, pavement, curbs, wells, irrigation systems, septic systems and/or underground utilities caused by the dumpster (h) Customer’s breach of the these terms and conditions or the terms of any of the Rental Documents; and (i) any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including, without limitation, a towing company) incurred in connection with the movement, placement and/or use of the dumpster.
WAIVER; LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES:
EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF GREEN TERRA DISPOSAL, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST GREEN TERRA DISPOSAL RELATING TO OR ARISING FROM CUSTOMER’S RENTAL OF THE EQUIPMENT AND/OR GREEN TERRA DISPOSAL’S PERFORMANCE UNDER THE RENTAL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER’S PROPERTY, PAVEMENT, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, LAWN, WELLS, IRRIGATION SYSTEMS, SEPTIC SYTEMS AND/OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER’S PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO CUSTOMER’S PROPERTY FROM LEAKS OR STAINS RELATING TO CUSTOMER’S USE OF THE RENTAL EQUIPMENT. THE RENTAL EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND GREEN TERRA DISPOSAL MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET YOUR REQUIREMENTS.
Any and all disputes arising from or in connection with the dumpster rental transaction between Green Terra Disposal and Customer, including, but not limited to, these terms and conditions, the Rental Documents and/or Customer’s possession and use of the dumpster, shall be construed in accordance with and governed by the laws of the State of Pennsylvania, U.S.A., including all matters of construction, validity and performance, without giving effect to the conflict of laws provisions of such State. Any provision hereof which may be prohibited by applicable law shall be ineffective to the extent of such prohibition and without invalidating the remaining provisions hereof.