Terms of Service
Service Agreement
1-888-DUMPSTER, located at 495 Wood St., Oceanside, NY 11752 (hereinafter “Company”), agrees to provide waste removal services and required dumpster equipment (“Equipment”) to the customer (“Customer”) under the terms and conditions of this Service Agreement. This agreement, along with any related service documents, governs both residential and commercial service orders.
1. Acceptance and Contract Formation:
This transaction, including the Company’s Waste Removal Services, is contingent upon the Customer’s agreement to all terms and conditions herein and any additional terms in related service documents (e.g., quotations, proposals, service agreements, acknowledgments, invoices, collectively known as ‘Service Documents’). By ordering and accepting the Services, the Customer acknowledges having reviewed and agreed to this Service Agreement, creating a binding contract. This Service Agreement and the Service Documents together form the complete agreement between the Company and the Customer regarding the Services.
2. Ordering Process:
Orders for our services can be placed via phone or through our website, 1-888-DUMPSTER. Acceptance of orders is based on our ability to provide services through our network of subcontractors and vendors.
It is the Customer’s responsibility to initiate service commencement and arrange final Equipment pickup (as detailed in Section 3) by contacting us directly. Please note that telephone numbers on the Equipment are for third-party use and should not be used to contact 1-888-DUMPSTER.
3. Delivery, Pickup, and Relocation of Equipment:
We are committed to the timely delivery and pickup of Equipment. However, due to uncontrollable factors such as weather and traffic conditions, we cannot guarantee specific delivery times and are not liable for any related delays or damages.
It is the Customer’s responsibility to ensure sufficient space for delivery and retrieval and to keep the Equipment accessible at all times, free from obstructions like vehicles, construction materials, or natural barriers.
Failure to provide accessible conditions will result in a Dry-Run/Trip Fee of $300. This fee is subject to change based on additional costs.
Additionally, should you request to relocate the dumpster, an extra charge will be applied for this service.
Customers are also responsible for any third-party fees associated with Equipment movement. We reserve the right to retrieve the Equipment without notice in case of any agreement violations or as required by law.
4. Prices and Payment Terms:
Service Pricing:
Our service prices are designed to be competitive and transparent. While we list reference prices on our website, the final pricing for each service will be confirmed at the time of order placement. This ensures that you receive the most accurate and fair price based on your specific service requirements.
Payment Processing:
We accept payments via credit card for all our services. By providing your credit card information, you authorize 1-888-DUMPSTER to automatically charge your card for all applicable service fees, including, but not limited to:
- Late return charges
- Tonnage overage charges
- Dry run/trip fees
- Cancellation fees
- Fees for disposal of banned or mixed loads
- Charges for hazardous items
- Equipment damage repair costs
This authorization extends throughout the service period and remains in effect for up to 120 days post-service completion, covering any additional charges incurred during this time.
Detailed Fee Structure:
- Daily Rental Charges: $25 per day beyond the rental period as indicated at time of purchase.
- Tonnage Charges: $150 per ton (or 7.5¢ per pound) for weights exceeding the agreed limit. These charges account for additional landfill or third-party expenses.
- Dry Run/Trip Fee: A fee of $300 applies if we cannot perform a scheduled delivery or pickup due to accessibility or overloading issues. This fee compensates for the trip and is subject to change based on operational costs.
- Cancellation Fee: A $300 fee is charged for cancellations within 24 hours of the scheduled delivery to cover the allocated resources and scheduling.
- Mattresses and Box Springs: $100 per item due to special disposal requirements.
- Tires: $75 per item due to special disposal requirements.
- Hazardous Materials Fee: Charges for the disposal of prohibited items will vary. These items include but are not limited to batteries, paints, and refrigerants.
Please note that the fees listed above are subject to change based on local regulations and market conditions. For the most current pricing and a comprehensive list of all additional fees, including those for items not listed here, please contact our customer support team.
5. Cancellation and Cancellation Fees:
Once a service order is placed and accepted, it can only be canceled with the Company’s consent, which may be at our sole discretion. A cancellation fee of $300 will be charged if the cancellation is made within 24 hours of the scheduled delivery. This fee will be charged to the Customer’s credit card.
6. Permits and Legal Compliance:
The Customer is responsible for obtaining any necessary permits for the placement and use of the dumpster. Failure to secure required permits may lead to the removal of the dumpster without notice.
1-888-DUMPSTER may assist in obtaining these permits for an additional fee of $50. It is the Customer’s responsibility to ensure all legal and regulatory requirements are met for the use of the dumpster.
7. Weight Restrictions and Overloading:
The Customer is responsible for adhering to the weight limits of the Equipment and must not overload the dumpster beyond its edges or the marked line. Overfilled dumpsters, deemed unsafe for transport, will incur a dry run fee of $300. The Customer will be charged $150 per ton (7.5¢ / lb) over the weight limit, in addition to any landfill or third-party overage expenses. These fees and expenses will be charged to the Customer’s credit card on file.
It is the Customer’s responsibility to understand and comply with local laws governing weight limits.
8. Prohibited Materials and Compliance:
The Customer acknowledges that local, municipal, city, county, state, and federal laws and regulations prohibit storing certain hazardous items in the Equipment. Prohibited materials include, but are not limited to, tires, batteries, tree stumps, railroad ties, chemically treated lumber, paints, oils, asbestos, infectious waste, contaminated soils, inks, industrial drums, water heaters, fuels, adhesives, refrigerants, aerosols, and other hazardous substances.
The Customer agrees to use the Equipment only for non-hazardous general solid waste, construction debris, inert waste, recyclable materials, and specifically permitted waste categories as outlined below. Depositing prohibited materials in the Equipment is not allowed and will result in additional fees for each prohibited item disposed of.
Permitted Waste Categories and Specific Conditions:
1. Household Junk
- Description: This category includes a wide range of non-hazardous items from within the household.
- Permitted: Furniture (couches, chairs, tables), household items (decor, lamps, non-electronic toys), books, and appliances (refrigerators, washers, dryers, without hazardous fluids).
- Not Permitted: Hazardous waste (e.g., paints, chemicals, pesticides), Medical or biological waste, Flammable materials or explosives, or Asbestos-containing materials.
2. Construction Material
- Description: Materials resulting from the construction, remodeling, repair, and demolition of structures and roads.
- Permitted: Wood (lumber, plywood), sheetrock (drywall), siding, and construction-related appliances.
- Not Permitted: Hazardous waste such as paints, solvents, and chemicals, Asbestos-containing materials, Electrical fixtures containing hazardous substances like PCBs, Refrigerators, air conditioners, and other appliances not cleared of hazardous substances.
3. Yard Waste
- Description: Organic waste produced from the maintenance and modification of urban, suburban, and rural landscapes.
- Permitted: Grass clippings, soil, branches, trees, shrubs, and other vegetative material.
- Not Permitted: Construction debris, such as lumber or roofing materials, Household trash or hazardous waste, or Plastic bags or non-organic materials mixed with yard waste.
4. Concrete
- Description: Only clean, uncontaminated concrete is accepted.
- Permitted: Clean concrete pieces without any attached metal, rebar, or mesh.
- Not Permitted: Dirt, bricks, stones, or any other type of debris mixed with the concrete.
5. Dirt
- Description: Clean, uncontaminated dirt or sand is accepted.
- Permitted: Pure, clean dirt, or sand suitable for fill or landscaping purposes.
- Not Permitted: Contaminated soil, concrete, bricks, masonry, or other types of debris.
6. Mixed Masonry
- Description: A mix of various construction materials, primarily masonry products.
- Permitted Materials: Brick, stone, concrete, and clean dirt
- Not Permitted: Wood, trash, yard waste, metal, or any non-masonry debris.
The Customer must strictly adhere to these categorizations when filling the Equipment. Violation of these categorization guidelines will result in an additional $300 charge for sorting, as specific dumpsites for each material category will not accept loads if categories are violated.
The Customer retains title and liability for any prohibited materials and is responsible for complying with all applicable laws. Charges, costs, expenses, damages, legal fees, losses, fines, or penalties incurred due to the deposit, storage, or transportation of prohibited materials, or the violation of waste categorization in the Equipment, will be the Customer’s responsibility.
9. Indemnification:
The Customer agrees to indemnify, defend, and hold harmless 1-888-DUMPSTER and its partners, including officers, directors, employees, agents, parent companies, affiliates, subsidiaries, successors, subcontractors, vendors, and assigns, from any and all claims, losses, damages, liabilities, or expenses arising from or related to:
(a) Overweight expenses exceeding equipment limitations;
(b) Failure to obtain or maintain necessary permits;
(c) Use, storage, or deposit of prohibited materials in the Equipment;
(d) Loss or theft of the Equipment;
(e) Damage to or destruction of the Equipment during the rental period;
(f) Personal injury or property damage resulting from the use or possession of the Equipment;
(g) Damage to public or private property, including but not limited to lawns, sidewalks, curbs, fences, pavements, driveways, pavers, septic systems, irrigation, and underground utilities, caused by the Equipment.
1-888-DUMPSTER and its partners are not responsible for any such damage unless it arises from our direct negligence or misconduct.
The Customer is responsible for ensuring that their property can support the dimensions and weight of the dumpster and the delivery truck;
(h) Breach of these terms and conditions or any service documents;
(i) Fees, penalties, fines, or costs incurred by third parties in connection with the Equipment’s movement, placement, or use.
1-888-DUMPSTER and its partners are not liable for repairs unless a specific situation warrants a resolution agreed upon by all parties involved.
10. WAIVER; LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES:
EXCEPT FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, THE CUSTOMER WAIVES ALL CLAIMS AND LOSSES AGAINST1-888-DUMPSTER, ITS SUBCONTRACTORS, HAULERS, AND VENDORS FOR ANY ISSUES ARISING FROM THE USE OF THE EQUIPMENT OR THE PERFORMANCE OF SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES TO STREETS, ROADWAYS, CUSTOMER’S PROPERTY, PAVEMENT, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, LAWNS, WELLS, IRRIGATION SYSTEMS, SEPTIC SYSTEMS, AND UNDERGROUND UTILITIES FROM EQUIPMENT STORAGE OR TRANSPORT ON THE CUSTOMER’S PROPERTY. ALL EQUIPMENT IS PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE EQUIPMENT WILL MEET SPECIFIC REQUIREMENTS.
11. Governing Law; Severability:
All disputes arising from or in connection with the services, including these Terms and Conditions, Service Documents, and the Customer’s use of the Equipment, or the Company’s performance of the services, shall be governed by and construed in accordance with the laws of the State of New York, U.S.A.
This includes matters of construction, validity, and performance, without regard to conflict of law provisions. Any part of these terms found to be prohibited by applicable law will be ineffective only to the extent of such prohibition, without invalidating the remainder of these terms.
12. Arbitration:
Any dispute arising from or related to the Services, including these Terms and Conditions, Service Documents, and the Customer’s use of the Equipment or the Company’s performance of the Services, shall be resolved exclusively through arbitration. This arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will involve a single arbitrator. The seat, or legal place, of arbitration will be Nassau County, New York. The governing law for the arbitration will be the substantive law of New York, and judgment on the arbitrator’s award may be entered in any court with jurisdiction.
The parties agree to arbitrate solely on an individual basis, and this Service Agreement does not allow for class arbitration or any claims as a plaintiff or class member in any class or representative arbitration proceeding. Arbitration will not consolidate more than one person’s claims and will not preside over any form of representative or class proceeding. If the prohibition on class arbitration is deemed invalid or unenforceable, the remaining parts of this arbitration provision will continue in force.
13. Assignment:
The Customer may not assign this service transaction, including the Service Documents, or any part of their performance under this agreement, either wholly or in part, without prior written consent from 1-888-DUMPSTER. Such consent may be withheld at our sole discretion. However, 1-888-DUMPSTER may assign this Service Agreement or the performance of the Services without the Customer’s approval.
14. Reservation of Rights:
1-888-DUMPSTER reserves all rights and remedies available under law or in equity.
15. Entire Agreement and Modification:
The terms and conditions in this Service Agreement and the Service Documents, including requirements listed on 1-888-DUMPSTER‘s website, constitute the entire agreement between the Customer and 1-888-DUMPSTER, superseding all prior agreements. Any terms from the Customer in any documents that add to or differ from these terms are null and void. Changes to this Service Agreement are effective only if made in writing and approved by 1-888-DUMPSTER.