*TERMS AND CONDITIONS BELOW* This agreement legally binds the (“Customer”) and Dumpstermaxx to the terms listed below and in accordance with the laws of the State of Arizona in effect at the time of ordering a dumpster with Dumpstermaxx. Dumpstermaxx agrees to provide “Customer” with non-prohibited / hazardous solid waste collection, transportation, disposal and recycling services. Service “Customer” agrees to give Dumpstermaxx at least one (1) business day notice for dumpster service. If a request for service is received after 12 p.m. eastern standard time, Dumpstermaxx can not guarantee service for the next business day. In some rare cases a delay could be incurred in servicing your needs due to inclement weather, traffic conditions, equipment failure, etc. Equipment All equipment furnished by Dumpstermaxx will remain the property of the company, however “Customer” shall have care, custody, and control of the equipment and shall bear responsibility and liability for all loss or damage to the equipment and for its contents while at “Customer’s” location. “Customer” shall not move or alter the equipment and shall use the equipment only for its intended purpose. “Customer” shall provide unobstructed access to the equipment on the scheduled pick-up day. Dumpstermaxx is NOT responsible for any damage to “Customer’s” property, including walkways, curbing, pavement, driveways, pavers, irrigation, wells, septic or underground utilities resulting from the company’s provision of services. “Customer” warrants that the right of way is sufficient to bear the weight and physical dimensions of the Dumpstermaxx equipment and vehicles. “Customer” understands that lawn damage may occur during a project. No repair is offered or provided. Inability to Deliver or Pick Up a Dumpster If Dumpstermaxx or partners attempts to deliver or pick up a dumpster and the dumpster is blocked or a gate is locked or prevented from delivering or picking up a dumpster (including being turned away at the time the driver is present to perform service) the “Customer” will be charged a $100 to $200 (determined on time, distance, and fuel) No Service fee. Overfilled Dumpsters “Customer” agrees not to overload / over-fill the dumpster above the top rail of the dumpster. An over-filled dumpster may allow debris to fall out and damage other cars and trucks and it is against the law to transport a dumpster in this manner. Dumpstemaxx reserves the right to refuse to pick up an over-filled dumpster. If over-filled, the “Customer” will be responsible for removing over-filled debris to the rim of the dumpster. An additional charge to the “Customer” of a $150 to $175 No Service Charge may occur. Overweight Dumpsters Dumpstermaxx reserves the right to refuse to pick-up a dumpster with an estimated weight in excess of 20,000 pounds (10 tons). If overweight, the “Customer” will be responsible for removing debris down to less than 20,000 pounds (10 tons). An additional charge to the “Customer” of a $100 to $200 (determined on distance and fuel) No Service Charge. Prohibited Waste “Customer” agrees not to put any hazardous / prohibited / toxic waste in the dumpster, putting this material in the dumpster is illegal. Any hazardous or toxic waste placed inside of the dumpster will become the responsibility of the “Customer”. At Dumpstermaxx’ discretion, Dumpstermaxx may return the hazardous or toxic waste found in the dumpster and charge the “Customer” a $150 to $175 Return Charge. At Dumpstermaxx’ discretion, Dumpstermaxx may charge “Customer” a disposal fee for the hazardous or toxic waste found in the dumpster as detailed below in section called Disposal Fees. Hazardous or toxic waste includes industrial waste, waste containing asbestos, septic tanks & waste, paint, cleaning solutions, biomedical waste, pesticides, solvents, automobiles, automobile parts, tires, oil, oil filters, oil containers, gas cans, propane tanks, batteries of any kind, appliances with Freon (air conditioners, refrigerators, freezers, etc.), Freon aerosol cans, foam spray cans, electronics (Computers, monitors, computer parts, televisions, stereo equipment), hazardous waste devices containing mercury, fluorescent bulbs (in some rare cases some ballasts and light fixtures contain this and it is up to you to know the type of ballast you are disposing of), telephone poles, railroad ties, clothing of any kind and household garbage food garbage. Daily Rental Each dumpster rental includes a specific amount of days in the rental, which is listed on the website and in the order confirmation sent to the “Customer”. A daily rental fee of $10.00 or $15.00 per day will apply after the included number of days if the dumpster is not emptied & returned or removed at the “Customer” request. If the dumpsters is emptied & returned, the next dumpster is considered a new rental and includes the same number of days as the first dumpster. Disposal Fees At Dumpstermaxx’ discretion, Dumpstermaxx may charge “Customer”, and “Customer” agrees to pay, a disposal fee for the hazardous or toxic waste found in the dumpster as follows: Car Batteries $40 each | Truck Tires $50 each | Car Tires $25 each | Florescent Bulbs $25 each | Paint Cans (containing paint) $20 each | Propane Tanks $50 each | Oil Cans $25 each | Freon Aerosol Cans $100 each | A/C Compressors $200 each | Window A/C $200 each | TV, Computer, Monitor $25 each | Small Electronic Equipment $25 each | Refrigerators $100 to $200 each based on size | Large Appliances $50 to $100 each based on size Note: If household garbage (food garbage) is found bagged in the dumpster the “Customer” will be charged $25-$50 per bag. If household garbage (food garbage) is found loose in the dumpster, Dumpstermaxx will estimate the number of bags value and the “Customer” will be charged $25-$50 per bag. Indemnity The “Customer” agrees to indemnify, defend, and save Dumpstermaxx harmless from and against any and all liability which the Dumpstermaxx may be responsible for or pay out as a result of bodily injuries (including death), property damage or any violation or alleged violation of the law to the extent caused by “Customer’s” breach of this Agreement or by any negligent omission or willful misconduct of the “Customer” or its employees, agents, or contractors in the performance of this agreement. Neither party shall be liable to the other for consequential, incidental, or punitive damages arising out of or in connection with the performance or non-performance of this agreement.