Terms & Conditions

RM DUMPSTER & SANITATION LLC

TERMS AND CONDITIONS

These terms and conditions for services (these “Terms”) are the only terms that govern the provision of services by RM Dumpster & Sanitation LLC, a Wisconsin limited liability company (the “Company”) to the customer (“Customer”) named on the accompanying order confirmation (the “Order Confirmation” and together with the Terms, the “Agreement”).  These Terms prevail over any of Customer’s general terms and conditions. Provision of services to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms.

  1. Services. The Company, or a service provider contracted by the Company, shall provide the services to Customer as described in the Order Confirmation (the “Services”) in accordance with these Terms.
  2. Performance Dates. The Company, or a service provider contracted by the Company, shall use reasonable efforts to meet any performance dates specified in the Order Confirmation, and any such dates shall be estimates only.

         If at any time the Company, or a service provider contracted by the Company, cannot provide the Services to Customer on a timely basis, the Company shall provide notice to Customer of the cause and length of any delay in meeting its obligations under the Order Confirmation. 

  1. Customer’s Obligations. Customer will conform to all safety control and other standards as established or directed by the Company. Placement instructions should be as specific as possible. Customer shall:
  • Cooperate with the Company in all matters relating to the Services and provide access to Customer’s premises.
  • Ensure adequate space is present for the Services, in the sole discretion of the Company. The following is a list of spacing estimates:
    1. Fourteen and One-Half (14.5) vertical feet is required for transit to placement location.
    2. Sixty (60) straight line feet and Twenty-Three (23) vertical feet are required during loading and unloading of dumpsters.
  • Equipment and Company loading and unloading vehicles shall not touch branches or wires.
  • Ensure portions of Customer’s premises utilized for the Services is clear of ice and snow and is adequately salted, in the sole discretion of the Company.
  • Ensure no electrical lines, telephone lines, or tree limbs, at the placement location, will not obstruct the clearance of the dumpsters during delivery or removal.
  • Ensure the dumpster is placed on a hard level surface (e.g., gravel, asphalt, concrete, or similar materials). For the avoidance of doubt, dumpsters may not be placed on grass.
  • Be responsible for all materials within the dumpster. Customer shall ensure the dumpster is kept level full. For the avoidance of doubt, this means materials within the dumpster shall be flush or below flush with the top rim.
  • For street placement Customers, be responsible for obtaining any barricades and/or permits for dumpsters located in a city rite-of-way (e.g., sidewalks, alleys, or streets). For the avoidance of doubt, Customer shall provide to the Company a copy of any required permit(s) prior to scheduling a delivery date.
  • Be responsible to relocate to its original location any dumpster that has been moved. For the avoidance of doubt, if a dumpster has been moved and has not been relocated to its original location at the time the Services are to be completed, Customer shall be charged a trip fee as set forth in Section 7(c)
  • Ensure there is unobstructed access to the premises during delivery and retrieval of the dumpster. In the event the hauler is unable to access the specified premises, or finds the area unsafe or unsuitable, the driver will not place or remove the dumpster.
  1. Weight Allowance. Customer’s dumpster shall have a weight allowance. The weight allowance will be indicated on the Order Confirmation. Customer will be charged for any and all extra debris if the weight allowance is exceeded. The extra disposal fees (if any),will be charged to the card on file after the dumpster has been taken to the land fill and weighed.
  2. Customer’s Acts or Omissions. If the Company’s, or a service provider contracted by the Company’s, performance of its obligations under the Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants, or employees, the Company shall not be deemed in breach of its obligations under the Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.

 

  1. Changes. If Customer wishes to change the scope or performance of the Services, it shall submit details of the requested change to the Company in writing no later than by noon on the business day before such Services are to be completed. If necessary, the Company shall provide a written estimate to Customer of:
  • The likely time required to implement the change;
  • Any necessary variations to the fees and other changes for the Services arising from the change; and
  • Any other impact the change might have on the performance of the Agreement.

Notwithstanding anything herein to the contrary, the Company may, from time to time change the Services without the consent of Customer provided that such changes do not materially affect the nature or scope of the Services, or the fees or any performance dates set forth in the Order Confirmation.

  1. Fees and Expenses; Payment Terms.
  • In consideration for the Services provided by the Company and the rights granted to Customer under the Agreement, Customer shall pay the fees set forth in the Order Confirmation.
  • In the event the tonnage cap is exceeded, there shall be a charge of Ninety dollars ($90.00) per ton of overage. For the avoidance of doubt, the final weight of each dumpster is issued at the end of each month.
  • In the event Customer uses the dumpster for longer than the period of time set forth in the Order Confirmation, an overage cost per day of Ten dollars ($10.00) shall be charged to the Customer.
  • A trip fee of One Hundred Twenty dollars ($150.00) shall be applied to false runs. For the avoidance of doubt, false runs may result from blocked or obstructed dumpsters, overloaded dumpsters, blocked or obstructed Customer premises resulting in the Company’s failure to conduct the Services, or inadequate space as set forth in Section 3 of these Terms, amongst other reasons.
  • Customer shall pay all amounts due to the Company, including, but not limited to, ton overages, restricted item charges, trip fees, or street permit or barricade fees by credit card. All payments by Customer are due within Thirty (30) days from the date of invoice. A Two percent (2%) monthly late payment fee will be assessed on any unpaid balance following such Thirty (30) day payment period.
  1. Taxes. Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder.
  2. Representation and Warranty.
  • Customer represents and warrants:
    1. The materials within the dumpsters to be collected and transported by the Company pursuant to the Agreement are solid waste generated by Customer and will not contain lead acid batteries, fluorescent lamps, asbestos, gas, oil, wet paint, radioactive waste, medical waste, flammable or explosive materials, large appliances (including refrigerators, conditioners, washers and dryers, water heaters), tires, large amounts of concrete, dirt or asphalt, yard waste, automotive parts, or “Hazardous Materials”. "Hazardous Materials" shall include electronics, such as televisions, computers, printers, electronic monitors, electronic accessories (including, but not limited to, keyboards, mice, speakers, external hard drives, and flash drives), DVD players, VCRs and other video players (i.e., DVRs), fax machines, and cell phones.
    2. Any right of way/route provided by Customer to Customer’s premises is the most convenient public route and is sufficient to bear weight of all of the Company’s equipment required to perform the Services.
  • The Company represents and warrants:
    1. It shall perform the Services using personnel of required skill and in a professional and workmanlike manner in accordance with industry standards for similar services.
  1. Disclaimer of Warranty and Damages. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 9(b) ABOVE, THE COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES. ADDITIONALLY, CUSTOMER, OR A SERVICE PROVIDER CONTRACTED BY THE COMPANY, SHALL NOT BE RESPONSIBLE FOR DAMAGE TO ANY PRIVATE PAVEMENT OR ACCOMPANYING SUBSURFACE TO LAWN, CONCRETE, ASPHALT, OR ANY OTHER SURFACE REQUIRED TO BE USED TO PERFORM THE SERVICES, OR AS A RESULT OF THE COMPANY’S EQUIPMENT/DUMPSTER.
  2. Limitation of Liability.
  • IN NO EVENT SHALL THE COMPANY BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  • IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE COMPANY PURSUANT TO THE APPLICABLE ORDER CONFIRMATION PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  1. Assignment and Setoff. Customer may not assign its rights or delegate its duties hereunder without the prior consent of the Company, and any attempted assignment or delegation without such consent shall be void. Claims for money due or to become due under the Agreement may be assigned by the Company, but Customer shall be under no obligation to pay the assignee unless Customer is furnished with written notice of the assignment. 
  2. Excusable Delays. The Company shall not be liable for delays in completion of the Services to the extent such delays are due to causes beyond the Company’s reasonable control, provided the Company notifies Customer of the delay within Seven (7) days after the occurrence which causes the delay.
  3. Termination. In addition to any remedies that may be provided under the Agreement, the Company may terminate the Agreement with immediate effect upon written notice to Customer, if Customer:
  • Fails to pay any amount when due under the Agreement and such failure continues for a period of Ten (10) days after Customer’s receipt of written notice of nonpayment;
  • Has not otherwise performed or complied with any of the terms of the Agreement, in whole or in part; or
  • Becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
  1. Waiver. No waiver by the Company of any of the provisions of the Agreement is effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from the Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
  2. Severability. If any provision of the Agreement, or portion of any provision, is declared or found to be unenforceable, the balance of the Agreement or such provision shall be interpreted and enforced to the greatest extent possible as if the unenforceable provision or portion had never been a part hereof.
  3. Governing Law. This Order shall be construed in accordance with laws of the State of Wisconsin.  The exclusive venue for any cause of action brought under the Agreement shall be brought in the Waukesha County District Court, Waukesha, Wisconsin, or the United States District Court for the Eastern District of Wisconsin.
  4. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in the Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.