Price
(B) The Customer shall pay the amount required prior to delivery, unless other arrangements have been made or promotions have been approved, which includes: Delivery & Retrieval of container, the included weight of disposal. The dumpster will be provided for agreed rental duration with an additional convenience fee of $25 per day thereafter.
If there are any liquids or hazardous materials found, there will be a $250 hazardous material fee, and cleanup fees. If any prohibited items are found in the container, a $150 fee will be applied for a return trip back to the customer.
If there is any reason the dumpster is blocked from being retrieved, or is moved without consent, there will be a $190 fee. If there are any prohibited contents noticed in the container prior to pick-up, the customer will unload container until satisfactory according to landfill rules, and $190 no load fee will be applied. If contents in the container are burned, there will be a $4,000 burn fee. If the container is used for cement washout there will be a $6,000 fee as the container is considered a total loss. If service is denied upon delivery for any reason, a delivery fee of $190 is required.
Payment
(C) Unless DD otherwise agrees the Customer shall make PAYMENT IN ADVANCE for the quoted delivery/pick-up and retrieval fees by either major credit card, cash, money order or business check. If the Customer pays with cash, or check, DD may charge a security deposit to be charged against the credit card for additional costs and fees as described herein. The Customer authorizes DD to charge the credit card and all amounts shown on this Contract and/or charges subsequently incurred by the Customer, including but not limited to, loss of or damage to the container and extended convenience fee.
As such, the Customer agrees that whatever the debit or credit card (the “Authorized Card”) that the Customer uses to pay for those container services under the Agreement may, if possible, be charged to pay for additional fees. Before charging for such fees, DD agrees to provide the Customer with a scale weight sheet detailing those fees. Upon calculation by DD of additional fees, DD may charge the Authorized Card for those fees. The Customer agrees that the Customer is solely responsible for ensuring that there are sufficient available funds (if the Authorized Card is a debit card) or that there is sufficient available credit (if the Authorized Card is a credit card) to pay the additional fees. If transaction using the Authorized Card is declined, DD will then provide notice to the Customer of the amount owed, which the Customer agrees to pay with an alternative payment method within five (3) days of the date of such notice.
If the Customer fails to perform its obligation to remit payment, then the Customer agrees to pay in addition to all amounts due, all costs of collection, including but not limited too, attorney’s fees and court costs.
Not a Rental
The storage of the container at your site is not a rental of the container, but a convenience charge for the trash removal only.
Exceeding Tonnage
(D) Additional Charge for Exceeding Included Tonnage is listed in Schedule A. If the contents of the Container exceeds its included tonnage, as listed, when DD retrieves the Container, then the Customer shall pay a surcharge to DD. The surcharge shall be the additional tonnage fee charged by the landfill at which DD dumps the Container, plus a handling fee to be charged by DD as set forth on Schedule A. Prior to placing any heavy items (Dirt, Bricks, Concrete, Rocks, Shingles, Tile or any other heavy item), the customer will get approval from DD and follow all instructions for loading items. Heavy items are prohibited without prior consent from DD. If container is found to exceed the limit of our trucks, a $190 dry run fee will be billed along with our daily convenience fee until dumpster is unloaded to a safe weight.
Additional Containers
(E) The Parties intend that this Agreement provides for the delivery and pick-up and retrieval of one container. Therefore, unless agreed in advance by DD and the Customer, DD will not deliver additional containers when it picks-up and retrieves the Container provided under the terms of this Agreement. Additional containers must be requested by the customer by online booking, telephone call, text, or email. DD will provide dumpster swap outs at the fee listed on our site.
Location of Container
(F) The Customer warrants and represents that the location provided by the Customer for the Container has minimum 20 foot height clearance and is sufficient to bear the weight of the Container and the vehicle required to transport the Container. DD shall not be responsible for any damage to pavement, concrete, grass, sod, dirt, gravel or any other road surface material, lawns, fences, shrubbery, sprinkler or irrigation system, septic system or private wells when DD delivers and/or picks-up and retrieves the Container. If the Customer requests the container to be placed on an unimproved surface (surface other than gravel, asphalt, or concrete), and a wrecker is required to recover the truck and/or dumpster, the Customer is responsible for the cost of the recovery service. If the Customer is not present at the site during delivery, there must be confirmation or communication via email, text or phone that the container has been placed at the correct location to ensure conformity. The container shall not be placed behind any enclosures to include (but not limited to) locked gates, locks, chains, cable, fences, rope, etc. DD reserves the right to available access 24 hours a day, 7 days a week, 365 days a year to retrieve the container for any purpose or any situation of non-payment.
Hazardous Materials
(G) Disposal of Hazardous Materials and Unacceptable Material Prohibited.
The Customer warrants and represents that the Customer will not place into the Container liquids of any kind, or 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 a hazardous waste under applicable state or federal laws or regulations, including without limitation, the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq. and the regulations promulgated thereunder).
The materials that are not to be placed in the Container, include, but are not limited to, the following:
Liquid Paint, Swimming pool chemicals;
Lawn and garden chemicals;
(iii) Gasoline, diesel fuel, oil, antifreeze, batteries, propane tanks);
(iv) Mercury containing products (for example, thermometers)
(v) Tires (without approval and instruction from AFS)
Appliances with Freon, whether discharged or not must be placed near the door of the dumpster AND notice of such items must be text messaged to 727-280-6999 prior to pickup. Refrigerators & freezers need to be free of all food. Additional dump fees may apply.
Examples of appliances with Freon: Refrigerators, freezers, dehumidifiers, air conditioners.
If the Customer has any questions about whether a particular material is considered hazardous, please call DD before disposing of the material in the Container. Title to and liability for Prohibited Waste shall remain with the Customer at all times. DD shall have the right to inspect, analyze, and/or test any waste delivered by the Customer.
Permits
(H) Permits, Approvals and Fees. The Customer shall be responsible for obtaining all necessary permits and governmental approvals, if any, and paying all fees that may be incurred in conjunction therewith.
Responsibility
(I) Customer Responsible for the Container. The Customer shall be responsible for any and all damage to the Container that occurs following the delivery of the Container from DD and prior to the DD pick-up and retrieval of the Container, including, but not limited to, theft or vandalism. If the Container is damaged while in the Customer’s possession, the Customer shall indemnify and hold harmless DD for any and all such damage. The cost to repair any damage to the Container shall be the responsibility of the Customer. If the Container is so badly damaged while in the Customer’s possession that it is not feasible, as determined in DD sole discretion, to repair the Container, then the Customer shall be liable to DD for the current replacement cost of the Container.
Disclaimer of Warranties
(J) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES AND THE CONTAINER TO BE PROVIDED BY UNDER THIS AGREEMENT ARE TO BE PROVIDED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE.
Indemnification
(K) The Customer agrees to indemnify, defend and hold harmless DD from, against and in respect to, any and all claims, losses, expenses, damages, obligations, and costs (including, but not limited to all cost of litigation and attorney’s fees) incurred by DD arising from or related to the Customer’s breach of any provision of this Agreement, including but not limited to any representation or warranty of the Customer contained in this Agreement, or arising from or related to injury or damage to persons or property arising from the Customer’s possession or use of the Container, unless otherwise solely and proximately caused by DD negligence.
Agreement
(L) This Agreement contains the entire agreement between the Parties and supersedes all prior agreements and understandings, oral or written, between the Parties with respect to the subject matter hereof. No representation, inducement, promise, understanding, or warranty not set forth herein has been made or relied upon by either Party hereto.
1. Amendment. This Agreement may be modified only by an agreement in writing signed by both of the Parties.
2. Governing Law and Exclusive Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, without regard to its conflicts of law principles. The exclusive venue for any proceeding arising from or related to this Agreement shall be the courts of Pinellas County, Florida.
3. Severability. The Customer agrees that each section or provision contained in this Agreement shall be treated as separate and independent, and the un-enforceability of any one section or provision shall in no way impair the enforceability of any of the other sections or provisions herein.
4. Waiver. A waiver by DD of any claim, demand or right based on a breach of any provision of this Agreement by the Customer shall not be construed as a waiver of any other claim, demand or right of DD based on a subsequent breach by the Customer of the same or any other provision.
5. 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 Parties at the mailing addresses of the Parties set forth at the beginning of this Agreement.
Schedule A
Container Size and Included Tonnage:
15 yd (includes 1 tons of debris disposal) Dumpster Size: 14ft long, 8ft wide, 4ft tall
20 yd. (includes 1 tons of debris disposal) Dumpster Size: 14ft long, 8ft wide, 6ft tall
Unless other arrangements have been made, by default, containers kept longer rental period, there will be a $25/day fee charge starting after the 3rd full day. All fees are due upon retrieval.
If refuse weighs more than included weight, additional tonnage fee of $80 per ton will be charged to the credit / debit card on file.
By signing, I am acknowledging that I have read and agree to terms and conditions listed in the entirety of the contract.
