| 1. | Introduction |
| Please read these terms and conditions carefully before agreeing to them they contain important information about your rights and obligations. |
| If you are unclear or uncertain about anything in these terms and conditions please send an email to us at rentals@dumpsterdot.com before you enter into any contract with us. |
| By clicking the "I accept" button at the end of these terms and conditions and by using our website you are agreeing to these terms and conditions and any new terms which we publish on this page. If you do not agree to these terms and conditions then you may not access or otherwise use this site. |
| The information and services provided on this website are intended for use by USA residents and therefore are not applicable to World Wide Web Users logging on from other jurisdictions outside the USA. |
| 2. | Definitions |
| 2.1 | In these terms and conditions the following words shall have the following meanings (unless the context otherwise requires): |
| | "us" or "we" | means DUMPSTERdot.com, our company, affiliates, agents or Haulers; | | "you" | the person or company renting the dumpster or container; | | "conditions" | the terms and conditions set out below which form part of and are deemed incorporated into the contract; | | "contract" | any contract which incorporates these conditions and made between us, our agents or Haulers and you in relation to the service in accordance with Clause 4.3; | | "drop-off" | the date that the equipment is delivered by our Haulers as stated on the order; | | "equipment" | the dumpster or container as specified in the order; | | "order" | the order submitted by you and accepted or amended by us and the Hauler we assign based on your dumpster requirements at the most competitive rental rate; | | "rental" | the period stated on the order commencing on the delivery drop-off date and expiring on the collection pickup of the dumpster or container by our Haulers; | | "service" | means the supply of a dumpster or container by our Haulers, their employees, or sub-contractors for the Rental Period to facilitate the removal of waste on your behalf and subsequent disposal of the contents of such dumpster or container on your behalf; | | "agency" | DUMPSTERdot acts as an agent for local Haulers who provide the dumpster or container rental service. The Haulers we represent have authorized us to collect rental orders and payment. DUMPSTERdot receives payment from the Haulers for dumpster rental services sold on this web site; | | "site" | the place where the dumpster or container is deposited at your direction; | | "dumpster" | any dumpster or container rented by our Haulers to you; | | "waste" | all allowed items of waste as described on our website and as agreed by our Hauler to be removed from the site excluding the following: | | i) substances hazardous to health such as toxic or corrosive materials or liquids including but not limited to fibrous asbestos, solvents, minerals or greases;
ii) any liquids of any kind whether contained or not;
iii) cans, drums or other containers of any kind unless they are empty and crushed: so incapable of carrying any liquid;
iv) medical waste of animal carcasses of any kind or quantity;
v) tyres, fridges, freezers, stoves;
vi) any other material not listed above however considered unsuitable for containment; |
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| 2.2 | These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions and shall apply where the context so permits for our benefit and our employees, agents, Haulers and sub contractors as if they had been parties hereto. |
| 3. | Nature of our web site |
| 3.1 | Our web site is a place for you to select and rent a Dumpster or Container. Our web site describes the Equipment in more detail. |
| 3.2 | Please note that the contents of our web site are aimed at users aged 18 and above, but you must be over 18 years to rent a dumpster, using the payment method displayed on our web site. |
| 4. | Ordering on our web site |
| 4.1 | To order the Equipment you will need to follow the ordering procedures set out on our ordering pages. |
| 4.2 | All orders are subject to availability and we reserve the right to refuse to supply you. |
| 4.3 | If your order is accepted, we or our third party Hauler will confirm acceptance to you by online electronic means to the email address you have given us on ordering or by phone. The Contract is formed on acceptance by us and our third party Hauler of your order. Your agreement to the terms of rental on this website also include your acceptance of the terms and conditions of rental by the selected Hauler for the order and delivery drop-off of your dumpster or container. |
| 5. | Payment |
| 5.1 | Details of our prices for the Equipment, and the procedures for payment and delivery are displayed on our web site. |
| 5.2 | The price for the rental of the Dumpsters include delivery drop-off and collection pickup, plus the accepted ton weight limit of waste based on the size of container rented for the standard rental term. A maximum of 10 minutes attendance by the delivery drop-off truck at the Site is included. Prices include local State Sales Tax. You will have to pay for any additional rental days beyond the standard rental term and also for any weight overages or bad waste. |
| 5.3 | You must pay by credit card or Paypal at the time of order. The price of the Equipment is the price in force at the date and time of your order. We may change the prices before you place an order. We try to ensure that our prices displayed on our web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see Clause 4.3). We will inform you if the Equipment’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Equipment at the correct price. |
| 5.4 | You undertake that all details you provide to us for the purpose of renting the Equipment which may be offered by us on our web site will be correct, that the credit card or Paypal account, which you use is your own and that there are sufficient funds or credit to cover the cost of the rental. We reserve the right to obtain validation of your credit card details or payment before providing you with any of the Equipment. |
| 6. | Delivery Drop-off |
| 6.1 | The Hauler will deliver the Equipment to the Site as identified in the Order on the delivery drop-off date. All times or dates quoted for delivery drop-off of the Equipment are given in good faith but without any responsibility on our part or our Haulers for failure to supply or for any delay in supplying Dumpsters which may be caused directly or indirectly by any circumstances beyond our control or any unforeseen or abnormal conditions or by any act or neglect on your part. Time of delivery drop-off shall not be of the essence of the Contract. |
| 6.2 | Risk in the Dumpster will pass to you on delivery drop-off and shall remain with you until the Dumpster is collected pickup by the Hauler at the end of the Rental Period. You will be liable to the Hauler for any damage to the Dumpster which occurs while in your posession, subject to fair wear and tear. |
| 6.3 | The Dumpster shall at all times remain the property of the Hauler or sub-contractors and you shall have no rights, title or interest in the Dumpster and you shall not do or permit or cause to be done any matter or thing whereby our rights or any third party rights in respect of the Dumpster are or may be prejudicially affected. |
| 6.4 | Except as specifically otherwise agreed in writing we shall be under no obligation to deposit the Dumpster elsewhere than on a road. |
| 6.5 | Where the driver is directed to deposit or pick up the Dumpster on or from a site which is not on a road: |
| 6.5.1 | we shall be under no liability whatsoever to you for any damage however caused whilst the delivery drop-off truck is off the road; |
| 6.5.2 | you shall keep us and our Hauler indemnified against any claim or demand which could not have been made had the driver not been so directed, and |
| 6.5.3 | you will compensate us or our Hauler for any damage to the Dumpster which would not have occurred had the driver not been so directed and which is not due to any negligent driving on the part of the driver. |
| 7. | Cancellation Rights |
| 7.1 | If you are a consumer: |
| 7.1.1 | you may cancel the Service in the manner set out in Clause 7.1.1 within 7 working days of our and our Hauler's acceptance of your order. If the Delivery Date is less than 7 working days of acceptance of your order you agree that you will not have a right to cancel the Contract. |
| 7.1.2 | If you cancel the Service within one clear working day in advance of the Delivery Date a full refund will be payable. If you cancel the Service at any time on or after the due delivery drop-off date you will be charged a $25 administration fee. You can request a cancellation by contacting Highford Solutions Ltd owner of DUMPSTERdot via email at rentals@dumpsterdot.com or by contacting the assigned Hauler. |
| 8. | Use of the Dumpsters or Container on the Site |
| 8.1 | You will conform with all statutory enactments and regulations and laws and regulations of City or other authorities that apply to the Dumpster. |
| 8.2 | You shall ensure that all permissions required, including city permits or any statutory modification or re-enactment thereof, have been or will be obtained, before you instruct the driver to deposit a Dumpster. |
| 8.3 | You shall not place or cause to be placed in the Dumpster any thing other than Waste without our prior written consent. |
| 8.4 | You shall not: |
| (i) overload the Dumpster and not fill it higher than its sides or marked guidelines, so that the Dumpster can be transported safely on the highway; |
| (ii) set fire to the contents of the Dumpster; |
| (iii) add on or attach to the Dumpster any painting, sign-writing, lettering or advertising; |
| (iv) remove, deface or conceal any name plate or mark indicating the owner of the Dumpster and afford at all times access to the Dumpster to inspect or repair such name plates or marks; |
| (v) move the Dumpster from the Site by any method whatsoever; or |
| (vi) sell or offer for sale, assign, mortgage, pledge, sub-let or transfer the Dumpster or the benefit of the Contract either in whole or in part; |
| 8.5 | You shall ensure: |
| (i) the Dumpster is properly sited in accordance with any necessary permissions required given; |
| (ii) the Dumpster is properly coned and lighted according to City or State law during the hours of darkness and unsatisfactory visibility; and |
| (iii) the Dumpster suffers no damage other than fair wear and tear. |
| 8.6 | You must immediately notify us, the Hauler and the police of any loss or theft of a Dumpster. If a Dumpster is reported stolen, it must be accompanied with an incident number obtained from the police in order to terminate the rental. You agree to pay all costs incurred in rectifying the condition of the Dumpster if it is returned damaged. |
| 8.7 | Whilst any of our lights and cones are in your possession during the Rental Period they are your responsibility. If they are stolen you would be charged for replacement lights and/or cones. |
| 9. | Indemnity and Insurance |
| 9.1 | You shall indemnify us and our Hauler on demand against all costs, charges and expenses suffered by us or our Hauler as a result of or in connection with the presence of the Dumpster on the Site including injury to person or loss or damage to property howsoever caused and any breach of the Contract by you including making good to us any loss or damage to the Dumpster howsoever caused whilst it is in your possession. |
| 9.2 | You shall be responsible for obtaining insurance cover including third party liability and cover against loss or damage to the Dumpsters. You shall produce on demand to us or our Hauler a copy of the policy or policies. If the Dumpster is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to us and our Hauler by telephone and confirmed in writing. |
| 10. | Limitations of Liability |
| 10.1 | All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law. |
| 10.2 | We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an ‘as is’ basis. |
| 10.3 | We shall have no liability to you for any:- |
| 10.3.1 | consequential losses (including loss of profits, anticipated profits and/or damage to goodwill) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring the same; |
| 10.3.2 | economic and/or other similar losses; |
| 10.3.3 | loss of data arising out of or in connection with the viewing, use or performance of our web site or its contents |
| 10.3.4 | special damages and indirect losses; and/or |
| 10.3.5 | business interruption, loss of business, contracts and/or opportunity. |
| 10.4 | Our total liability to you in respect of any direct loss or damage whether arising in contract, tort or otherwise shall not exceed in aggregate the price paid for the rental of the Dumpster under the Contract. |
| 10.5 | You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. |
| 10.6 | Nothing in this Contract shall exclude or limit our liability for death or personal injury due to our negligence nor exclude or limit any other type of liability which it is not permitted to exclude or limit as a matter of law. |
| 11. | Collection Pickup and Termination of Rental |
| 11.1 | Except as specifically otherwise agreed in writing, you shall fill the Dumpster within the Rental Period and shall inform us at least one clear working day in advance of its readiness for collection pickup. |
| 11.2 | If you wish to extend the Rental Period you shall inform us at least one clear working day in advance of the collection pickup date otherwise you will be charged an administration fee of $25. You can extend your dumpster rental by signing in to your account and completing the extension section. |
| 11.3 | Ownership of the contents of the Dumpster shall pass to the Hauler on collection unless otherwise agreed in writing. |
| 11.4 | We or the Hauler shall be entitled at any time and for any reason whatsoever and without explanation to terminate with immediate effect the Contract for the rental of the Dumpster and to repossess the Dumpster. |
| 11.5 | You shall allow the Hauler access to the Dumpster at all reasonable times for the purpose of inspection, maintenance, replacement or repossession. |
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| 12. | Modifications to web site |
| We reserve the right to alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content and/or the sale or rental of Equipment and/or the release of new software tools or resources shall be subject to these terms and conditions. |
| 13. | Information you provide |
| 13.1 | The following applies to any information you provide to us, for example during any registration or ordering process: |
| 13.1.1 | you authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the goods and Services which are available through our web site by us, our Haulers, agents or sub-contractors. If you obtain or choose to rent the Equipment through our web site then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’. |
| 13.1.2 | you must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy |
| 13.2 | By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information. If you would like to review or modify any part of your Personal Information then you should email us at rentals@dumpsterdot.com |
| 14. | Applicability of Online Materials |
| 14.1 | Unless otherwise specified the materials published on our website are presented solely for your private, personal and non-commercial use. |
| 14.2 | Where content published on the web site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content. You assume total responsibility and risk for your use of our web site and use of all information contained within it. |
| 14.3 | We have used our reasonable endeavours to ensure that our web site complies with US law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside The United States. |
| 15. | Copyright and Monitoring |
| The contents of our web site are protected by international copyright laws and other intellectual property rights. We own these rights. All product and company names and logos mentioned in our web site are the trademarks, servicemarks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an order with us or using our web site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so. |
| 16. | Linked Sites |
| We make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from us and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master. |
| 17. | Availability of our web site |
| We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device. |
| 18. | General |
| 18.1 | We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time. |
| 18.2 | We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the terms and conditions on the web site regularly. |
| 18.3 | These terms and conditions together with the Haulers terms and comditions and the privacy policy, Order (together with any amendments thereto) and payment method instructions, if any, are the whole agreement between you, the Hauler, our agent and us. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in both these website terms and conditions and the Hauler's terms and conditions, privacy policy, Order and payment method instructions. |
| 18.4 | If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. |
| 18.5 | Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. |
| 19. | Notices |
| 19.1 | All notices shall be given: |
| 19.1.1 | to us via email at rentals@dumpsterdot.com; or |
| 19.1.2 | to you at either the e-mail or postal address you provide during any ordering process. |
| Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting. |
| 20. | Severability |
| If in any provision of these Conditions shall be held to be invalid, unenforceable or shall not apply to the Contract then the remaining provisions shall continue in full force and effect. |
| 21. | Applicable Law |
| These terms and conditions will be governed by United States Law. |
