TERMS OF SERVICE AGREEMENT
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. IT IS A LEGALLY BINDING CONTRACT GOVERNING THE AGREEMENT BETWEEN YOU, THE CUSTOMER, AND OREG SITE WORK SERVICES, LLC, (“NDD) TRADING AS NEXT DAY DUMPSTERS.
By placing your order, you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you do not agree to any of the terms below, NDD is unwilling to provide goods or services. If you are unwilling to accept all of the terms of this Agreement, you should not place an order. If you have already placed an order before reviewing this Agreement, and if you do not agree to the terms of this Agreement, you must cancel your order before any equipment is dispatched to your work site.
DESCRIPTION OF SERVICES
NDD shall provide the temporary use of waste disposal equipment (sometimes referred to as dumpsters or containers) and waste disposal services as agreed between the parties at the time the Customer places an order. NDD endeavors to perform all services in a safe and professional manner, consistent with state licensing requirements, regulations governing such operations, and the terms of this Agreement. NDD uses equipment and vehicles that are operated by qualified operators, insured, and maintained in good working order.
The Customer agrees to undertake the following obligations:
- Care of Equipment. The equipment delivered to the Customer is the property of NDD and its contractors. The customer will take reasonable care of the equipment. The Customer will ensure that the equipment site is properly supervised and that equipment is secure until it is picked-up by NDD. Damage or loss of equipment will be the responsibility of and charged to the Customer.
- Site Requirements. Equipment will be delivered to the site directed by Customer provided that doing so does not violate any applicable laws or regulations and provided that the Customer has provided adequate access to the delivery site. The Customer warrants that any access / location provided for the equipment is sufficient to bear the weight of all equipment when fully loaded and the vehicles required to perform the services. NDD shall not be responsible for damage to any pavement or accompanying sub-surface or any route reasonably necessary to perform the services herein contracted.
- Equipment Load. The Customer will use containers provided under this Agreement for the disposal of Waste Material (as defined in the following paragraph). The Customer agrees not to overload the equipment. Waste Material placed in the equipment should not extend above the top of the equipment. The Customer shall not allow the contents of the equipment to hang over the sides or extend beyond the walls of the equipment. The weight of the Waste Materials shall not exceed DOT limitations.
- Use of Equipment. Customer represents and warrants that the materials placed in the equipment shall be “Waste Material” as defined herein and shall contain no other substances. The term “Waste Material” shall mean solid waste generated by Customer and EXCLUDING THE FOLLOWING PROHIBITED ITEMS: liquids, solvents, thinners, chemicals, lacquers, paints, paint filters, paint cans (unless dry), oils, oil filters, contaminated absorbents, freon, other refrigerants, asbestos, batteries, infectious waste, biohazards, medical waste, contaminated soils, fuels, inks, resins, car tires, car batteries, food wastes, adhesives, industrial drums, propane tanks, lead painted materials, dirt, equipment containing gas,oil or any other Prohibited Item, household garbage, materials that are radioactive, volatile, flammable, or explosive, and biomedical, infectious, toxic or hazardous material. The term “hazardous material” shall include, but not be limited to, any substances 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, as amended, or other applicable law. Title to and liability for any Prohibited Items shall remain with the Customer. Restrictions and additional fees may apply to appliances, furniture, refrigerators, freezers, box springs, mattresses, air conditioners, tires, televisions, monitors and computers. Please inquire with specific questions.
- Indemnification. The Customer expressly agrees to defend, indemnify and hold harmless NDD from and against any and all expenses, damages, penalties, fines and liabilities resulting from or arising out of the failure to exclude Prohibited Items or any other failure of the Customer to comply with its obligations under this Agreement and applicable law.
FEES AND PAYMENTS
Customer shall pay NDD in accordance with NDD’s established pricing for the services provided and any fees quoted to the Customer at the time the order is placed. Additional fees may be charged to the Customer due to overweighting a container, placing Prohibited Items or restricted items in a container, or otherwise violating any Customer obligation under this Agreement. If NDD is unable to make a delivery and/or removal due to safety and/or lack of accessibility; Customer will be charged a $150 service attempt fee. Payment for services will be charged to the credit card provided by Customer. The provided credit card will also be charged for any and all additional charges that may be incurred including but not limited to: overweight fees, daily rental fees, service attempts, etc. Additional charges may appear on a subsequent credit card statement from the original charge. By completing and submitting the credit card or other payment authorization or by providing the Customer’s credit card information over the telephone, the Customer authorizes NDD to charge the fees to the account provided by the Customer.
CHANGES AND CANCELLATION POLICY
An order may be changed or canceled by calling NDD’s office during normal business hours (Monday – Friday 7:30am – 5 pm, Eastern Time) excluding holidays. Cancellations must be made 24 hours in advance of a scheduled delivery date. Any cancellation made after that time is subject to a $75 fee. Changes made to the order after a container has been dispatched may result in additional fees.
WARRANTIES AND LIMITATIONS OF WARRANTIES
NDD warrants that it will undertake commercially reasonable efforts to provide the equipment and services requested by the Customer in a timely manner. NDD is not responsible for delays or losses due to causes beyond its reasonable control, including, without limitation, acts of nature, strikes, unavailability of equipment, laws, or inhibited access. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NDD DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
LIMITATIONS OF LIABILITY
NDD shall not be responsible for damages to pavement, utilities, property, lawns, fencing, landscaping or other like exterior items. EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, NEITHER NDD NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF NDD WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF NDD TO THE CUSTOMER FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE EQUIPMENT OR THE SERVICES PROVIDED BY NDD EXCEED THE TOTAL FEES PAID TO NDD BY THE CUSTOMER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM. THE CUSTOMER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN THE CUSTOMER AND NDD WOULD NOT PROVIDE THE EQUIPMENT OR SERVICE WITHOUT THIS LIMITATION.
Each party must comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to the equipment and services provided for in this Agreement. This Agreement and the rights and obligations of the parties will be subject to and construed in accordance with the laws of the State of Maryland, excluding conflict of law principles. The parties consent to jurisdiction and venue exclusively in the State of Maryland. The failure of NDD to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect.
If you have any questions about our terms of service, please contact us at:
Next Day Dumpsters
350-C Fortune Terrace #218
Potomac, MD 20854
Phone: 301-960-4419 | Fax: 888-668-0570 | Email »