Dumpster Contract

THIS DUMPSTER CONTAINER CONTRACT (“Agreement”), is entered into this ________day of ______________, 20____ , by and between P&D Hauling, Inc.(herein “Company”), and Client (as disclosed above). This agreement shall commence on the delivery date and will terminate 2 days after container has been picked up unless otherwise agreed to in writing.

Services. Company shall deliver the above described dumpster at the address provided by the client on the delivery date as discussed above. Company shall place the dumpster as near as possible to the location chosen by client. Pam and Dan’s Hauling will not be responsible for any damages to drive way and or any area that the client has chosen to set container. Company shall pickup the container and its contents, not to exceed 3 tons (6,000 pounds), on the pickup date noted above.
Used by Client. Client shall obtain all necessary permits from the local governing authority. Client will be permitted to fill container with construction and household debris up to top of the container walls not above and not to exceed 3 tons (6,000 pounds). Client shall contact company if client intends to use container for dirt, rock, roofing or masonry products (bricks, dry concrete) or other heavy items so that company can provide guidelines on fill level. Client shall not place items outside of container and will keep area in front of container clear of vehicles etc. Clients shall make reasonable attempts to disburse weight of refuse within container.
Prohibited items: Clients agrees to not place prohibited items in container. Prohibited items consist of : Bio hazardous waste, bio medical waste (needles, syringes etc), hazardous waste (explosive, flammable, toxic or corrosive substances), gasoline, oil , asbestos, batteries, cleaning solvents, fluorescent light bulbs, computers and their components, TV tubes or monitors, wet concrete, car or truck tires, paint cans with paint, appliances, dead animals, or any other products the is expressly prohibited by federal, state, or local law or that may damage container.
Payment: Client shall pay Pam and Dan’s Hauling the rental fee as disclosed above at time of delivery. Client authorizes Pam and Dan’s Hauling to charge the rental fee and any extra fees to client’s credit card. Extra charges outside of container or redistribution fees (weight distribution).
EXTRA CHARGES:

FEES:

Over Weight Fee for normal household debris

$45.00 each additional ton over 3 ton limit

Over Weight Fee for heavy weight items (shingles, concrete dirt, rock etc

$85.00 each additional ton over 1 ton limit. Dirt, rock, concrete 1 ton limit

Over fill of container (items above walls)

$30.00

Relocation fee (move container to different area then delivered)

$30.00 plus $1.00 per mile

Extra trip fee (unable to pickup or drop off container for any reason, for instance, to heavy to lift or overfilling container

$30.00 per trip

Wet Concrete

$150.00 plus cleanup fee

Car or truck tires

$25.00 per tire

Paint cans with wet paint (empty cans are accepted)

$25.00 plus any cleanup fees

TVs and monitors

$150.00 per T.V.

Appliances

(reach office for prices)

Appliances with Freon

$65.00 - $85.00 (whether drained or not)

Prohibited item returned to client

$50.00 per item

Mattress and Boxsprings

$30.00 a piece

Container damage fee

$95.00 per hour + materials

Additional days (less than 7 days after original rental period) or when not able to pick up due to over weight or over filling

$10.00 per day

Over 14 days

New rental Fee_________
Limited liability: Clients understands that the container is provided for client’s convenience. The container shall remain property of company and the contents shall remain property of clients until such property is accepted by a waste disposal company or otherwise discarded by company. Clients shall insure proper care and safekeeping of the container. Client is liable for the container for client’s use including and permit fees, fines and damage to pavement, concrete, roads, sidewalks, driveways, or any other location client requests the container to be placed. Clients shall insure container is not damaged, destroyed, moved or removed unless done by company. If container is damaged, clients shall be charged as provided under extra charges amounts fees if container can be repaired or the actual charges is above amounts listed in the extra fees table. If the container cannot be repaired, or such cost to repair is more than replacement cost for a new container, client shall be charged for a new container. Clients shall insure that container is place in a safe location with consideration for traffic, persons, property and animals. Client shall insure that people are not playing in or around the container. Clients shall be charged for prohibited items as provided herein. Clients shall indemnify company for any cleanup, dump fees, disposal of prohibited items that are not listed or are above the fees listed herein. Client shall be charged for any monitoring, testing, legal fees, penalties, fines, or any other expense as a result of use of the container. Client shall indemnify and hold harmless company for any personal injury to client, client’s family, agents, contractors, or third parties as a result of use or misuse of container.
Insurance: Throughout the term of this agreement, company shall maintain necessary insurance to cover its employees, vehicles and equipment. Client shall maintain necessary insurance to cover client’s property and for any injury that may result to any third party on client’s property.

If any provision of this agreement is deemed unenforceable or illegal, the other provisions of this agreement shall remain in full force an effect.

This agreement constitutes and represents the entire agreement between the parties hereto related solely to the services provided by the company. This agreement cancels and supersedes any other agreement the parties may have entered into related to the services provided for in this agreement. Any amendment to this agreement shall be done in writing and signed by both parties to the agreement. Parties understand that there are no oral representations made in which they are relying on unless also included as part of this written agreement.

A waiver by either party to this agreement in any instance shall not be construed as a waiver of any other term or condition. All remedies, rights, and obligations contained in this agreement or any other agreement between the parties shall be cumulative.

This agreement shall be construed in accordance with the laws of Colorado, and any disputes shall be resolved in El Paso County Colorado.

This agreement may be executed in any number of counterparts, and each counterpart shall, for all purposes, be deemed to be an original.

If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party in litigation or arbitration shall be entitled to receive reasonable attorney fees, expenses, and collections costs.

The terms of this agreement shall be binding upon and inure to the benefit of and shall be enforceable by the respective successors, assigns, heirs, beneficiaries and personal representatives.

Client X_____________________________ Date____________

Company X_Pam and Dan's Hauling_ Date____________