Dumpster Agreement

This Dumpster Rental Agreement (“Agreement”) is made as of the date this agreement has been electronically signed, by and between IDS Dumpster Service, having its principal place of business at 402 Acorn Drive, Appomattox, VA 24522 (“Company”), and by *the name listed on the signed invoice* representing the property at *address listed on the signed invoice”, (“Customer”).

Equipment Rental.

Customer certifies that he or she is either the property owner, has power of attorney for the property owner, or is the licensed contractor/broker for the property. Customer may not sublet the dumpster for any reason.

Customer agrees to rent a dumpster from Company according to the price and fees as shown on the signed invoice and includes ONE dump with up to two tons of dump fees. The rental period begins the day the dumpster is dropped off, unless otherwise granted by Company. If multiple dumps are needed, Customer must call Company for an additional dump and return fee of $225.00, subject to dumpster availability.

Customer agrees to restrict tonnage to 2 tons for a 15yd dumpster. If Customer exceeds the relevant tonnage limit, Customer hereby agrees to pay an additional fee of $55.00 per ton for each ton in excess of the limit for that dumpster to the Company.

Customer warrants and represents that any location provided by Customer for the dumpster is sufficient to bear the weight and size of the dumpster and any vehicle required to transport the dumpster. Company shall not be responsible for any damage to pavement or any other road surface material, lawns, fences, shrubbery, septic system, private well, or any other form of property damage.

Customer agrees to provide unobstructed access to the dumpster on the day it is to be picked up. If the dumpster is inaccessible, Customer hereby agrees to pay for additional rental time at the rate of $300 per day to the Company.

Trailers and/or dumpsters must NOT be moved by the customer at no point and time before, during or after the rental. If a trailer is needed to be moved, Customer must call Company and a dry run will be charged to have a truck respond and move.

Content Regulations.

Customer is fully responsible for the entire contents of the container and is the rightful owner of the container’s contents until the container is dumped and the contents are accepted by the prospective disposal facility.

Customer warrants and represents that the dumpster will not contain any hazardous materials and acknowledges that the disposal of such hazardous materials is strictly prohibited. For purposes of this Agreement, “hazardous materials shall mean any waste which is listed, has the characteristics of, or is otherwise identified as hazardous waste or subject waste under applicable state or federal laws or regulations, including but not limited to the Resource Conservation and Recovery Act of 1976 (42 U.S.C. et seq. and the regulations promulgated thereunder). “Unacceptable material” shall mean any non-hazardous waste which is not permitted to be processed at a facility under applicable laws or permits, source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 and the regulations thereunder; asbestos-containing waste; mercury-containing waste; and any waste delivered by Customer which is not approved by Company. TIRES, CHEMICALS, PAINT, AND BATTERIES ARE PROHIBITED! These items are charged at minimum $25.00 per item if placed in a dumpster and may be returned to the Customer at their expense. If Customer has any questions about whether a particular material is considered hazardous or prohibited, they agree to call the Company before disposing of the material in the dumpster.

Debris may NOT extend above the top rim of the dumpster. The tarp MUST be able to roll completely over the top WITHOUT OBSTRUCTION. The end doors MUST be CLOSED and secured before it can be removed. Overfilled or unprepared containers will be brought into compliance at Customer’s expense. If manual manipulation of dumpster contents by Company is required to prepare the dumpster for transport, Customer hereby agrees to pay an extra fee of $75.00 for handling.

In the event that contents that are not allowed by this contract or any Federal, State, or City agency are disposed of, all costs, fines, penalties, or other actions taken for said disposal, the Customer is fully responsible for any and all associated charges. Costs may include but not be limited to cleanup, monitoring, legal fees, penalties, or any other charges associated with unauthorized material disposal. Materials may be returned to the Customer at the Customer’s expense.

Payments and Invoices.

Customer understands that the invoice must be paid in full before the dumpster will be delivered.

Payment will be accepted by the Company by cash, check, or credit/debit card.

Customer agrees that if the account is paid by a credit/debit card the Company will charge a 3% convenience fee.

Checks need to be written to “IDS Dumpster Service.”

Customer understands that there will be a $75 returned check fee.

Payments shall be mailed to the Company at 7401 Red House Road Appomattox, Virginia 24522.

Permits and Approvals.

Customer shall be responsible for obtaining all necessary permits and approvals and paying all fees that may be incurred in conjunction therewith.

Indemnification.

Customer agrees to indemnify and hold harmless Company from, against and in respect to any and all claims, losses, expenses, damages, obligations and liabilities (including costs of collection and reasonable attorney’s fees) of any kind or nature whatsoever, including any misrepresentation, breach of warranty, or non-fulfillment of any representation, warranty, covenant or agreement of or by Customer in this Agreement. This provision shall survive the termination of this Agreement.

Notice.

Any notice required or permitted to be given under this Agreement shall be sufficient only if in writing and if sent by United States mail, certified, return receipt requested, postage prepaid, to the Company at the addresses set forth in the first paragraph of this Agreement.

Agreement.

This Agreement may be modified only by an agreement in writing signed by both the Customer and the Company.

This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia, without regard to the conflicts of law rules of such state.

Customer agrees that each provision contained in this Agreement shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein. Moreover, if one or more of the provisions or parts thereof contained in this Agreement shall for any reason be held to be excessively broad as to scope, activity or subject so as to be unenforceable at all, such provision or parts or provisions shall be construed by the appropriate judicial body by limiting and reducing it or them, so as to be enforceable to the extent compatible with the then applicable law.

A waiver of any claim, demand or right based on the breach of any provision of this Agreement shall not be construed as a waiver of any other claim, demand or right based on a subsequent breach of the same or any other provision.

Any notice required or permitted to be given under this Agreement shall be sufficient only if in writing and if sent by United States mail, certified, return receipt requested, postage prepaid, to the Company at the addresses set forth in the first paragraph of this Agreement.

Electronically Signing Agreement.

By electronically signing this Agreement, Customer understands and agrees they are not signing the Agreement to acknowledge they received and reviewed the document, but that they are bound to the terms of the entire Agreement.

Customer understands that they do not have to sign the Agreement electronically and can request to receive a paper Agreement to sign. However, by the Customer electronically signing the Agreement they understand they have opted out of a paper Agreement (but may request a printed copy of the Agreement at any time by contacting the Company.)

This Agreement contains the entire Agreement between both the Company and the Customer and supersedes all prior Agreements and understanding, oral or written, between both the Company and the Customer with respect to the subject matter hereof. No representation, inducement, promise, understanding, condition or warranty not set forth herein has been made or relied upon by either the Company or the Customer.

IN WITNESS WHEREOF, the Company and the Customer have hereto executed this Agreement as of the date this Agreement has been electronically signed.