Dumpster Rental Service Terms and Conditions
MIDWEST RECYCLING CORP (“MRC” or “Company”) agrees to rent to the customer (“Customer”) a certain dumpster roll of container(s) (“Dumpster”) based on the terms and conditions as set forth herein. Except as specifically set forth herein, or as otherwise communicated by the Company to Customer, the following terms and conditions, including the Order Documents, as defined herein, shall apply to and govern both commercial and residential customers.
Acceptance; Contract Formation
This transaction is limited to and made conditional upon Customer’s assent to and acceptance of all the terms and conditions contained herein and as outlined in any related order documents, including, but not limited to any quotation, proposal, acknowledgment, agreement, and/or invoice (collectively referred to hereinafter as the “Order Documents”). The terms and conditions stated herein shall apply to and govern all Order Documents, including any agreement, order, and/or rental that may result therefrom, and these terms and conditions, along with the Order Documents shall constitute the entire agreement between Company and Customer. Any Customer’s terms and requests for quote, order, release, cancellation, acknowledgment, or any other Customer’s document which are in addition to or different from the terms in this document are rejected, deemed void, and excluded, and shall not have any force or effect.
MRC processes orders in person, online at www.midwestrecyclingcorp.com (“Website”), or via phone call. Customer acknowledges and agrees that upon Customer’s placement of an order and MRC’s acceptance of such order, then a binding and enforceable agreement shall exist between MRC and Customer concerning rented Dumpster based upon these terms and conditions, as well any applicable Order Documents. All Dumpster rental service orders accepted by MRC are accepted with the understanding that each such order is subject to the Company's ability to obtain permits and to render the ordered service.
The customer hereby authorizes MRC to retain the credit card information and permits MRC to charge Customer’s credit card for initial invoiced payment, and as for other fees that may accrue during or after the dumpster is picked up from the Customer’s service location to which MRC is entitled hereunder. The customer acknowledges and agrees that the credit card authorization on file must remain valid for at least 7 business days after receiving the service.
Container Size Descriptions
The rental plans offer 15-yard and 20-yard size roll-off containers.
Rental Plans Descriptions
The Company offers two rental service plans “24HRS Dumpster Rental”, “Weekend Dumpster Rental”, and “Weekly Dumpster Rental”, as they are described below, the ordered service plans are selected and identified in Order Documents
- 24HRS Dumpster Rental is the name of the MRC’s rental service product (“Rental Plan”) which offers selected size roll-off container dumpster rental for 24 hours starting from the scheduled time of delivery of the rented container.
- Weekend Dumpster Rental is the name of the rental plan which offers selected size roll-off container rental service for weekend days. The container is delivered on Friday afternoon and picked up on Monday during normal business hours.
- Weekly Dumpster Rental is the name of the rental plan which offers selected size roll-off container rental service on weekly basis. The container is delivered at the scheduled time and picked up 7 days later during normal business hours.
Prices are available online at MRC’s Website which can be updated from time to time basis within the sole discretion of MRC; provided that applicable prices for each Service transaction will be confirmed by MRC during the time of Customer’s Ordering Process in the Order Documents.
Weight Limits and Overage Fees
Customer is solely responsible for complying with the weight restrictions applicable to the rental Dumpster. Customer acknowledges that: (a) Dumpster rental plan rate includes up to 2000LB waste material for 15 yard Dumpster, and up to 2600LB for 20 yard Dumpster. Access waste will be billed as overage fee (“Overage Fee”). Overage Fee is prorated at $120 per ton of waste. (b) The maximum allowed weight in Dumpster is 8000LB.
Prohibited Materials and Fees
The Customer acknowledges that local, municipal, city, county, state and/or federal laws, regulations, rules and ordinances prohibit the storage of certain items, materials and substances in the Dumpster. The Customer is warned that there are hazardous materials, substances and items (collectively, “Prohibited Material”) that can not be placed or thrown in the Dumpster. Prohibited Material is not accepted in the rented dumpster and any such prohibited item discovered in the rented dumpsters will result in additional fees or refusal of service (See Section 11: Right to Refuse). Prohibited Material is any item that may contain Hazardous, Toxic, Flammable or Corrosive substance(s). The list below provides an overview of prohibited items and their fees estimated per item or per pound basis: (1) Adhesives [50$ Fee per item] (2) Appliances [50$ Fee per item] (3) Asbestos [Estimated by landfill per lb basis] (4) Batteries [50$ Fee per item] (5) Cleaning Products [50$ Fee per item] (6) Contaminated Soil [Estimated by landfill per lb basis] (7) Electronics [50$-$100 Fee per item] (8) Food Waste [Estimated by landfill per lb basis] (9) Fuel and Flammable [Estimated by landfill per lb basis] (10) Infectious Waste [Estimated by landfill per lb basis] (11) Motor Oils [$0.45 per pound plus $10.00 handling fee per container] (12) Paints and Inks [$0.45 per pound plus $10.00 handling fee per container] (13) Refrigerants [50$ Fee per item] (14) Sealed Tanks and Drums [50$ Fee per item] (15) Tires [20$ Fee per item]. Customers shall acknowledge these rules, fees and guidelines.
Cancellation and Cancellation Fees
Any order, once placed with and accepted by MRC, may not be cancelled by Customer except upon the consent of MRC, which may be withheld within the sole discretion of MRC. In the event that MRC agrees to accept a cancellation after acceptance of Customer’s order, then MRC shall be entitled to a cancellation fee in the amount of 15% of order’s total price if the cancellation occurs in less than 24 hours before the scheduled Service delivery date.
MRC will use commercially reasonable efforts to ensure timely delivery of ordered Service(s) described herein; provided that, due to circumstances beyond Company’s 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, the MRC does not guarantee delivery times or dates. MRC 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.
Right to Refuse
MRC reserves the right to deny service. Customer grants MRC a permission and a right to leave the rented container’s debris at the same SERVICE ADDRESS ,provided below herein, If the Equipment is overloaded or recklessly loaded, or the Equipment contains Prohibited Material, or Non payment.
Dry Run Fee
If MRC attempts to deliver or pick-up Dumpster and is unable to do so for any reason beyond MRC’s control, including, but not limited to, overloaded Dumpster, low lying power lines or tree branches, blocked access to the Service Address, damaged Dumpster, locked gates, fences or parking lots, inaccessible driveways and/or the storage of prohibited items or substances in the Dumpster (collectively referred to as “dry run”), then MRC shall be entitled to an dry run inconvenience fee. The standard dry run inconvenience fee is $50.00; provided that, if MRC incurs additional charges, fees, fines, penalties costs and/or expenses related to the dry run, then MRC 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 MRC is authorized and entitled to charge to Customer’s credit card the amount of any such dry run inconvenience fee.
While the MRC’s Dumpster is in customer’s possession and custody, Customer shall not place or allow any Prohibited Material into the Dumpster and accepts full responsibility for the rented Dumpster and its content while it is on Customer’s Service Location. All refuse shall remain within the confines of the dumpster and shall not exceed the top or sides. The weight of the refuse shall be equally dispersed within the dumpster. The Customer is liable for any loss or damage to rented Dumpster in excess of reasonable wear and tear. Upon the delivery of the Dumpster to the location as designated by Customer, Customer shall not transport or attempt to move (either directly or indirectly) the MRC’s Dumpster or any equipment belonging MRC from the designated site without prior notice to and consent from MRC, which may be withheld within the sole discretion of MRC.
Access and Ground Conditions
The Customer will be responsible for the provision of free and suitable access to and from the delivery site (including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for delivery, placement and removal of the dumpster.
Waiver; Limitation of Liability and Disclaimer of Warranties
The Customer is warned that the company trucks, equipment and waste roll off containers may cause damage to property conditions such as curbs, pavements, driveways, sidewalks, lawns, landscapes, wells, irrigation and sprinkler systems, septic systems and or underground utilities arising out of the Dumpster rental services. EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MRC, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST MRC RELATING TO OR ARISING FROM MRC’s Dumpster, Equipment, or Performance UNDER THE ORDER DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER’S PROPERTY. THE RENTAL DUMPSTER SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND MRC 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 SERVICE WILL MEET CUSTOMER’s REQUIREMENTS. SPECIFIC PREMISES CONDITION: Any specific premise susceptible to damage by MRC’s trucks, equipment, its associates or rented Dumpster must be disclosed to the Company at the time the Service is ordered. Absent such disclosure, the customer, as a condition of acceptance of such service, waives all claims for property damage or other loss, injury or claim against the Company.
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 MRC that Customer (and not MRC) 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.
3rd Party Responsibilities
The Customer 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. In the event of Customer’s violation and/or breach of the terms of the Rental Agreement (including these Terms and Conditions), Company may, within Company’s 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.
Customer agrees to indemnify, defend and hold harmless MRC, including its members, employees, associates, assets, equipment and the Dumpster from and against all claims, suits, demands, damages, judgments, debts, 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 Material in the Dumpster; (d) loss or theft of the Dumpster; (e) damage and/or destruction of the Dumpster during the applicable rental service 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 Order Documents; and (i) any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including a towing company) incurred in connection with the movement, placement and/or use of the Dumpster.
Governing Law; Severability
Any dispute in connection with the provided Service MRC and Customer, including, but not limited to, these terms and conditions, the Order Documents and/or Customer’s possession and use of the Equipment, shall be construed in accordance with and governed by the laws of the State of Wisconsin, 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 in connection with this transaction between MRC and Customer, including these terms and conditions, the Order Documents and/or Customer’s possession and use of the Dumpster, shall be commenced and disputed in the Circuit Court of Sheboygan County, Wisconsin, U.S.A. Customer hereby consents to the exclusive jurisdiction and the court venue and Customer hereby waives any defense or objection in connection with improper jurisdiction.
Neither this Service transaction (including the Order Documents), nor any part or portion of Customer’s performance hereunder is assignable by Customer in whole or part without the prior written consent of MRC, which may be withheld within the sole discretion of MRC.
Reservation of Rights
MRC reserves all rights and remedies which are available to it at law or in equity.
Agreement and Modification
Upon MRC’s acceptance of the Customer’s order, the terms and conditions set forth herein and as set forth in Order Documents (including, all requirements as set forth in MRC’s Website), shall constitute the entire agreement between Customer and MRC, 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 the MRC in writing.
Before placing and initiating a dumpster rental order, Customer must agree to all of the above Terms and Conditions including attached Order Documents, whether or not they are known to the Customer. No exceptions. Customers must read the Service instructions, prices and fees.