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Dumpster Rental Customer Service Agreement
PLEASE READ THESE TERMS OF USE CAREFULLY. They contain important information regarding your legal rights and remedies including information about future changes to these terms of use. Limitations of liability and class action waiver
iRock Dumpsters, LLC. a Texas, U.S.A. corporation (“iRock Dumpsters” and/or “Company”), agrees to rent certain dumpster equipment (“Equipment”) to customer (“Customer”) on the basis of the terms and conditions as set forth herein. Equipment and service may be provided by iRock Dumpsters or one of iRock Dumpsters partners. Except as specifically set forth herein, or as otherwise communicated by iRock Dumpsters to Customer, the following terms and conditions, including the Rental Documents (as defined herein) shall apply to and govern both commercial and residential rentals.
Acceptance; Contract Formation
This transaction, including iRock Dumpsters or iRock Dumpsters partner rental of Equipment to Customer, is expressly limited to and made conditional upon Customer assent to and acceptance of all the terms and conditions contained herein and as set forth in any related rental document, including, but not limited to any quotation, proposal, acknowledgment and/or invoice (collectively referred to hereinafter as the “Rental Documents”). The terms and conditions stated herein shall apply to and govern all Rental Documents, including any agreement, order and/or rental that may result herefrom, and these terms and conditions, along with the Rental Documents, constitute the entire agreement between iRock Dumpsters and Customer. Any of Customer terms contained in any request for quotation, purchase order, release, acknowledgement or any other Customer document which are in addition to or different from the terms contained herein are hereby specifically objected to, rejected and excluded, and shall be of no force or effect.
Ordering Process
iRock Dumpsters intakes and processes all Equipment rental orders either via telephone or via our website which is located at www.iRockDumpsters.com (the “Website”). Customer acknowledges and agrees that upon Customer placement of an order for a rental of Equipment (either via telephone or via the Website), and iRock Dumpsters acceptance of such order, then a binding and enforceable rental agreement shall exist between iRock Dumpsters and Customer with respect to such Equipment based upon these terms and conditions, as well any applicable Rental Documents. All rental orders accepted by iRock Dumpsters are accepted with the understanding that each such order is subject to iRock Dumpsters ability to obtain and furnish the Equipment to Customer. Customer is solely responsible for contacting Company (either via telephone or via the Website) in order to initiate the commencement of the Services, as well as the final pick-up of the Equipment (in accordance with the terms of Section 4 herein). Customer acknowledges that any telephone numbers posted on and/or adhered to the Equipment belong to third parties and should not be used for the purpose of attempting to contact the Company.
Delivery and Pick Up of Equipment
iRock Dumpsters and iRock Dumpsters partners will use commercially reasonable efforts to ensure timely delivery and pick up of Equipment; provided that, due to circumstances beyond our control, including, but not limited to, inclement weather, hazardous roads and/or driving conditions, traffic delays, motor vehicle accidents, delays at landfills and equipment failure, we cannot and do not guarantee delivery times or dates. iRock Dumpsters will not be liable to Customer under any circumstances for costs, expenses, losses and/or damages incurred by Customer in any manner relating to such delays. Upon the delivery of the Equipment to the location as designated by Customer, Customer shall not move, transport or attempt to move or transport (either directly or indirectly) the Equipment from the designated site. If the Customer moves or relocates the Equipment from the original location for any reason, a $1,000 fine will be added to the final invoice. If the Equipment needs to be moved, the Customer can contact iRock Dumpsters to relocate the Equipment for an additional fee of $100 and any additional fuel surcharges over the 25 miles from company location, which will be applied to the final invoice. In the event that iRock Dumpsters or a iRock Dumpsters partners attempts to deliver or pick up Equipment and is unable to do so for any reason beyond iRock Dumpsters control, including, but not limited to, overloaded Equipment, low-lying power lines or tree branches, blocked access to the delivery or pick-up location, damaged Equipment, locked gates, fences or parking lots, inaccessible driveways and/or the storage of prohibited items or substances in the Equipment (collectively referred to as “dry run”), then iRock Dumpsters shall be entitled to a dry run inconvenience fee. The standard dry run inconvenience fee is $150.00; provided that, if iRock Dumpsters incurs additional charges, fees, fines, penalties, costs and/or expenses related to the dry run, then iRock Dumpsters may increase the dry run inconvenience fee in order to recoup any such charges, fees, fines, penalties, costs and/or expenses. Customer acknowledges and agrees that iRock Dumpsters is authorized and entitled to charge to Customer credit card, debit card, or other payment method (“Payment Method”) the amount of any such dry run inconvenience fee. Customers shall be solely responsible for 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 Equipment. iRock Dumpsters is not responsible or liable for any damage to the Customer property from normal use of the equipment rental, this includes but is not limited to: driveway scratches and damage to the lawn or grass. In the event of Customer violation and/or breach of the terms of the Rental Agreement (including these Terms and Conditions), Company may, within Company sole discretion and without prior notice to Customer and without any liability to Customer, pick up the Equipment. In addition, Company may pick up the Equipment at any time if required to do so by local, county and/or state law or as required by order of any local, county and/or state government or agency.
Prices and Payment Terms
Prices for Equipment rentals are stated on the Website or communicated via a quote either online, over the phone or in person, as modified from time to time within the sole discretion of iRock Dumpsters; provided that applicable prices for each Equipment rental transaction will be confirmed by iRock Dumpsters at the time of Customer placement of an order for such Equipment. Except as otherwise mutually agreed in writing between Customer and iRock Dumpsters, Customer will pay iRock Dumpsters the applicable rental term via credit card or debit card payment before delivery. Customer hereby expressly authorizes iRock Dumpsters to retain your Payment Method information and charge your Payment Method when charges occur for rental fees and all other charges to which iRock Dumpsters is entitled hereunder. Customer acknowledges and agrees that such Payment Method authorization shall remain valid and in full force and effect during the applicable rental period and for a period of time not to exceed 60 days beyond the last day of your Equipment rental. If, at any time during a rental term, iRock Dumpsters authorization to charge your Payment Method is revoked and/or canceled by Customer or any third party, then iRock Dumpsters, within its sole discretion, may immediately terminate the Equipment rental and recover the Equipment without notice or liability to Customer, and without prejudice to or waiver of any of iRock Dumpsters remedies against Customer.
Cancellation and Cancellation Fees
Any rental order, once placed with and accepted by iRock Dumpsters, may not be canceled by Customer except upon the consent of iRock Dumpsters, which may be withheld within the sole discretion of iRock Dumpsters or if the Customer has purchased cancellation insurance. In the event that iRock Dumpsters agrees to accept a cancellation after acceptance of Customer order, then iRock Dumpsters shall be entitled to a cancellation fee (which may be charged to Customer Payment Method) for the minimum booking amount if the cancellation occurs prior to 3:00 p.m. the business day before your scheduled delivery and a cancellation fee for the minimum booking amount plus $100.00 additional fee if the cancellation occurs thereafter.
Weight Restrictions and Overload Fees
Customer is solely responsible for complying with the weight restrictions applicable to the rental Equipment. Customer acknowledges that: (a) each item/unit of Equipment has a designated weight specification and corresponding weight limitation (which varies based on the size and type of the Equipment, as well as other factors); (b) the size and/or volume of the particular item/unit of Equipment is not determinative of the applicable designated weight specification and weight limitation for such item/unit of Equipment; (c) local, municipal, city, county and/or state laws, regulations, rules and ordinances also govern and limit the weight and/or amount of material that can be legally stored in and/or transported in the Equipment; and (d) rain, water, snow, ice permitted by Customer to accumulate in the Equipment can increase (and under certain circumstances) exceed the applicable weight restriction relating to specific Equipment. Customer acknowledges that Customer is solely and exclusively responsible for determining the weight restrictions applicable to Customer Equipment and for strictly complying with such restrictions, including, but not limited to covering and/or tarping the Equipment in order to prevent rain, water, snow, ice accumulation in the Equipment. Customer hereby acknowledges that iRock Dumpsters incurs charges and expenses in connection with the transport of loaded Equipment to landfills, and that such charges and expenses are based upon the weight of the Equipment. If Customer fails to comply with applicable weight restrictions, iRock Dumpsters may incur any pay for charges, expenses, penalties and/or fines from a landfill or other third party, whether private or public, including, but not limited to traffic fines and penalties or other consequential damages (collectively the “Overload Expenses”). In the event that iRock Dumpsters incurs any Overload Expenses relating to or in connection with Customer failure to comply with applicable weight restrictions, then, in addition to all other remedies to which iRock Dumpsters is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to iRock Dumpsters (including Customer reimbursement of all such Overload Expenses to iRock Dumpsters), Customer will pay iRock Dumpsters a fee not to exceed the amount of $175.00 per ton in excess of the applicable weight restriction for the Equipment (“Overload Fee”), as determined within the sole discretion of iRock Dumpsters. Customer acknowledges and agrees that all Overload Fees assessed by iRock Dumpsters against Customer may be charged to Customer Payment Method. Customer agrees to not load material above the top of the Equipment and is solely responsible for complying. If the Customer loads material past the top rim of the Equipment Customer may be charged a fee at the sole discretion of iRock Dumpsters, which is not to exceed the amount of $100.00. Customer agrees that iRock Dumpsters may charge said fee directly onto the Customer Payment Method. If the Customer loads materials past the top rim that is deemed unsafe at the discretion of iRock Dumpsters, the Customer is responsible for removing all additional material past the top rim of the Equipment and will be charged for any additional days the Equipment is being used till it is ready to be picked up.
Permits
Customer acknowledges that certain locations and/or uses of the Equipment 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 Equipment (collectively referred to hereinafter as a “Permit”). Customer represents and warrants to iRock Dumpsters that Customer (and not iRock Dumpsters) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer 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 Company.
Prohibited Substances
Customer acknowledges that local, municipal, city, county, state and/or federal laws, regulations, rules and ordinances prohibit the storage of certain items, materials and substances in the Equipment (“Prohibited Substances”). Prohibited Substances include, without limitation, batteries, tree stumps, railroad ties, chemically treated lumber, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, water heaters and water tanks, food waste, fuels, adhesives, refrigerants and other toxic and/or hazardous materials and substances. A non-exclusive list of certain Prohibited Substances is available on iRock Dumpsters Website under FAQ’s for Customer review. Customer acknowledges and agrees that Customer is solely and exclusively responsible for complying with all applicable laws relating to Prohibiting Substances, and Customer shall be liable for any charges, expenses, damages, losses, fines and/or penalties (including, but not limited to traffic fines and penalties) relating to Customer storage and/or transportation of Prohibited Substances in the Equipment.
Equipment
All equipment furnished by iRock Dumpsters and iRock Dumpsters Partners shall remain the property of the Company; however, Customer shall have care, custody and control of the equipment and shall bear responsibility and liability for all loss or damage to the equipment and for its contents while at Customer location. Customer shall pay, if charged by Company, any additional fees for repairs or damages to the dumpster while in the Customer care and custody. Customer shall not overload, move or alter the equipment and shall use the equipment only for its intended purpose. At the termination of this Agreement, customer shall return the equipment to Company in the condition in which was provided, normal wear and tear excepted. Customer shall provide unobstructed access to the equipment on the scheduled collection day. Customer shall pay, if charged by Company, any additional fees for any service modifications caused by or resulting from Customer failure to provide access.
Indemnification
Customer agrees to indemnify, defend and hold harmless iRock Dumpsters, including its officers, directors, members, employees, agents, affiliates, partners, 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 failure to obtain and/or maintain any required Permit; (c) Customer use or storage of Prohibited Substances in the Equipment; (d) loss or theft of the Equipment; (e) damage and/or destruction of the Equipment during the applicable rental term; (f) personal injury and/or property damage relating to Customer use and/or possession of the Equipment; (g) physical damage to streets, roadways, driveways, walkways, pavement, curbs, wells, irrigation systems, septic systems and/or underground utilities caused by the Equipment (h) Customer breach of 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 Equipment.
Waiver; Limitation of Liability and Disclaimer of Warranties
EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF IROCK DUMPSTERS, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST IROCK DUMPSTERS RELATING TO OR ARISING FROM CUSTOMER RENTAL OF THE EQUIPMENT AND/OR IROCK DUMPSTERS PERFORMANCE UNDER THE RENTAL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER PROPERTY, PAVEMENT, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, LAWN, WELLS, IRRIGATION SYSTEMS, SEPTIC SYSTEMS AND/OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO CUSTOMER PROPERTY FROM LEAKS OR STAINS RELATING TO CUSTOMER USE OF THE RENTAL EQUIPMENT. THE RENTAL EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND IROCK DUMPSTERS 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.
Governing Law; Severability
Any and all disputes arising from or in connection with the Equipment rental transaction between iRock Dumpsters and Customer, including, but not limited to, these terms and conditions, the Rental Documents and/or Customer possession and use of the Equipment, shall be construed in accordance with and governed by the laws of the State of Texas, 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.
Jurisdiction and Venue
Any action arising from or in connection with the Equipment rental transaction between iRock Dumpsters and Customer, including, but not limited to, these terms and conditions, the Rental Documents and/or Customer possession and use of the Equipment, shall be commenced and prosecuted in the Court of Bexar County, Texas, U.S.A., or in the United States Federal District Court for the District of Texas. Customer hereby waives any objection or defense based on improper jurisdiction and/or forum non conveniens.
Assignment
Neither this rental transaction (including the Rental Documents), nor any part or portion of Customer performance hereunder is assignable by Customer in whole or part without the prior written consent of iRock Dumpsters, which may be withheld within the sole discretion of iRock Dumpsters.
Reservation of Rights
iRock Dumpsters expressly reserves all rights and remedies which are available to it at law or in equity.
Entire Agreement and Modification
Upon iRock Dumpsters acceptance of the Customer order for the rental of the Equipment, the terms and conditions set forth herein and as set forth in the Rental Documents (including, but not limited to all requirements as set forth in iRock Dumpsters Website), shall constitute the entire agreement between Customer and iRock Dumpsters, and no statement, correspondence, or other terms shall modify or affect the terms hereof or thereof. No change in these terms and conditions will be valid unless approved by iRock Dumpsters in writing.
LAST UPDATED: 12-26-2024
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