Pfund Construction Company, Inc dba PFRANKSDUMPSTERS.COM and its subsidiaries (hereinafter “Company”), agrees to arrange for the provision and delivery of certain waste removal services, including the provision of required roll off dumpster and other related equipment (“Equipment”) to customer (“Customer”) (hereinafter collectively referred to as “Waste Removal Service(s)” or “Service(s)”) on the basis of the terms and conditions set forth in this Roll Off Service Agreement.
The arrangement and delivery of Services, is subject to the terms and conditions set forth in this Roll Off Service Agreement (“Service Agreement”). Customer acknowledges that Customer has reviewed and understood this Service Agreement and agrees that by placing an order or accepting Services or the delivery of Equipment, that a binding and enforceable agreement shall exist between Company and Customer. This Service Agreement and any supplemental terms set forth in a Company issued service specific document, including, but not limited to any quotation, proposal, order confirmation, service schedules, acknowledgment or invoice, shall constitute the entire agreement between Customer and Company and supersede all previous agreements for the specified Services. Any of Customer’s terms contained in any request for quotation, purchase order, release, statement, correspondence, acknowledgement or any other Customer document which are in addition to or different from the terms contained herein are hereby specifically objected to, rejected and excluded, and shall be of no force or effect. No change in this Service Agreement will be valid unless approved by Company in writing; provided that Company may periodically update this Service Agreement and any update shall become effective upon the Customer’s acceptance of a quotation or Services or the delivery of Equipment that occurs after the effective date of the update. Except as specifically set forth herein, or as otherwise communicated by Company to Customer, this Service Agreement shall apply to and govern both commercial and residential services orders.
Company intakes and processes all orders for Services either via telephone, or via our website which is located at https://www.dumpsters.com/ (the “Website”). Orders submitted via telephone or website may also be confirmed by the Company via an order confirmation sent to the Customer. All orders for Services are hereinafter collectively referred to as “Project Work Order(s)”). All Project Work Orders are accepted by the Company with the understanding that each such order is subject to the Company’s ability to arrange for the Services to Customer through its network of independent contractors and independent vendors (hereinafter “Service Providers”). Customer is solely responsible for contacting Company (either via telephone or via the Website) in order to initiate the commencement of the Services, as well as the final pickup of the Equipment (in accordance with the terms of Section 3 herein). Customer acknowledges that any telephone numbers posted on and/or adhered to the Equipment belong to third parties and should not be used for the purpose of attempting to contact the Company.
While at Customer’s location and until returned to Service Provider’s facility, Customer shall bear the risk of loss and damage to Equipment including but not limited to damage or loss caused by theft, vandalism, forces of nature, use, or misuse of the Equipment. Customer agrees that all Equipment furnished under this Agreement to Customer must be returned to Service Provider in the same condition as delivered, subject only to normal wear and tear. In the event of damage, Customer shall pay the lesser of (a) the cost of repair, or (b) the cost of replacement, which will be billed to the Customer in the event of loss. No loss or damage to Equipment, in whole or in part, shall impair Customer’s payment obligations under this Agreement. Customer shall be responsible for personal injury and/or property damage arising from or relating to Customer’s or its agent’s negligence or unauthorized movement or misuse of the Equipment.
If you wish to cancel a transaction you must do so no later than 3pm the business day before the delivery date that is set forth on the service confirmation (“Cancellation Window”) by visiting our website at: https://www.dumpsters.com and submitting your cancellation. Any Project Work Order, that is not canceled within the Cancellation Window, may not be canceled by Customer except upon the consent of Company, which may be withheld within the sole discretion of Company. In the event that Company agrees to accept a cancellation outside the Cancellation Window, then Company shall be entitled to charge a cancellation fee (which may be charged to Customer’s credit card) in an amount not less than $150.00.
Customer is solely responsible for complying with the weight restrictions applicable to the Equipment. Customer acknowledges that: (a) each item/unit of Equipment has a designated weight specification and corresponding weight limitation (which varies based on the size and type of the Equipment, as well as other factors); (b) the size and/or volume of the particular item/unit of Equipment is not determinative of the applicable designated weight specification and weight limitation for such item/unit of Equipment; (c) local, municipal, city, county and/or state laws, regulations, rules and ordinances also govern and limit the weight and/or amount of material that can be legally stored in and/or transported in the Equipment; and (d) rain, water, snow, ice permitted by Customer to accumulate in the Equipment can increase (and under certain circumstances) exceed the applicable weight restriction relating to specific Equipment. Customer acknowledges that Customer is solely and exclusively responsible for determining the weight restrictions applicable to Customer’s Equipment and for strictly complying with such restrictions, including, but not limited to covering and/or tarping the Equipment in order to prevent rain, water, snow, ice accumulation in the Equipment. Customer hereby acknowledges that Company incurs charges and expenses in connection with the transport of loaded Equipment to landfills, and that such charges and expenses are based upon the weight of the Equipment. If Customer fails to comply with applicable weight restrictions, Company may incur and be required to pay for charges, expenses, penalties and/or fines from a landfill or other third party, whether private or public, including, but not limited to traffic fines and penalties or other consequential damages (collectively the “Overage Expenses”). In the event that Company incurs any Overage Expenses relating to or in connection with Customer’s failure to comply with applicable weight restrictions, then, in addition to all other remedies to which Company is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to Company (including Customer’s reimbursement of all such Overage Expenses to Company), Customer will pay Company a fee of not less than $200.00 per ton in excess of the applicable weight restriction for the Equipment (“Overage Fee”), as determined within the sole discretion of Company. Customer acknowledges and agrees that all Overage Expenses and Overage Fees assessed by Company against Customer may be charged to Customer’s credit card.
Customer acknowledges that certain locations and/or uses of the Equipment may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the Equipment (collectively referred to hereinafter as a “Permit”). Customer acknowledges and warrants to Company that Customer (and not Company) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment. In the event that Customer fails to obtain and/or maintain all necessary and required Permits, Company may arrange for the pick up the Equipment without prior notice to Customer and without any liability to Customer.
In the event a Project Work Order includes services in addition to Waste Removal Services, this Agreement shall be supplemented by the inclusion of supplemental terms and conditions contained in a service specific schedule. (“Service Schedule(s)”) A full copy of each Service Schedule can be accessed by clicking here. The terms contained in an applicable Service Schedule shall be deemed to be included in this Agreement as if fully rewritten herein. In the event of any conflict between the specific provisions contained in a Service Schedule and this Agreement, the terms contained in the applicable Service Schedule shall prevail as it relates to the specific product or service.
Customer hereby grants to Company the express right to use Customer’s company logo in marketing, sales, financial, public relations materials and other communications solely to identify Customer as a Company customer. Other than as expressly stated herein, neither party shall use the other party’s marks, codes, drawings or specifications without the prior written permission of the other party.
CUSTOMER ACKNOWLEDGES THAT LOCAL, MUNICIPAL, CITY, COUNTY, STATE AND/OR FEDERAL LAWS, REGULATIONS, RULES AND ORDINANCES PROHIBIT THE STORAGE OF CERTAIN ITEMS, MATERIALS AND SUBSTANCES IN THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, TIRES, BATTERIES, TREE STUMPS, RAILROAD TIES, CHEMICALLY TREATED LUMBER, PAINTS AND LACQUERS, OILS, ASBESTOS, INFECTIOUS WASTE, CONTAMINATED SOILS AND ABSORBENTS, INKS AND RESINS, INDUSTRIAL DRUMS, WATER HEATERS AND WATER TANKS, FOOD WASTE, FUELS, ADHESIVES, REFRIGERANTS, AEROSOLS, AND OTHER RADIOACTIVE, VOLATILE, HIGHLY FLAMMABLE, EXPLOSIVE, TOXIC, SPECIAL OR HAZARDOUS MATERIALS AND SUBSTANCES. (“PROHIBITED MATERIALS”). A NON-EXCLUSIVE LIST OF CERTAIN PROHIBITED MATERIALS IS AVAILABLE ON THE COMPANY’S WEBSITE FOR CUSTOMER’S REVIEW. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE ONLY MATERIAL TO WHICH THE WASTE REMOVAL SERVICES ARE PROVIDED CONSIST SOLELY OF NON-HAZARDOUS GENERAL SOLID WASTE AND/OR CONSTRUCTION AND DEMOLITION DEBRIS OR OTHER INERT WASTE AND RECYCLABLE MATERIALS, AND DOES NOT INCLUDE ANY PROHIBITED MATERIALS, WHICH ARE SPECIFICALLY EXCLUDED FROM SUCH SERVICES. CUSTOMER AGREES TO NOT DEPOSIT OR PERMIT THE DEPOSIT FOR COLLECTION ANY PROHIBITED MATERIALS IN THE EQUIPMENT AND FURTHER THAT TITLE TO AND LIABILITY FOR PROHIBITED MATERIALS WILL REMAIN WITH CUSTOMER AT ALL TIMES. CUSTOMER IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS RELATING TO PROHIBITED MATERIALS, AND CUSTOMER SHALL BE LIABLE FOR ANY CHARGES, COSTS, EXPENSES, DAMAGES, LEGAL FEES AND COSTS, LOSSES, FINES AND/OR PENALTIES (INCLUDING, BUT NOT LIMITED TO REGULATORY OR TRAFFIC FINES, PENALTIES OR ASSESSMENTS) OF WHATEVER NATURE RELATING TO THE DEPOSIT, STORAGE AND/OR TRANSPORTATION OR DISPOSAL OF PROHIBITED MATERIALS IN THE EQUIPMENT.
Customer agrees to indemnify, defend and hold harmless Company and its officers, directors, members, employees, agents, parent companies, affiliates, subsidiaries, successors, subcontractors, vendors, and assigns and the Service Provider from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, judgments, debts, fines, penalties, charges, expenses, costs or other liabilities of whatsoever kind or nature (collectively, “Losses”) asserted or alleged by any third party arising from or related to: (a) Overage Expenses; (b) Customer’s failure to obtain and/or maintain any required Permit; (c) Customer’s use, storage, or deposit of Prohibited Materials in the Equipment; (d) loss or theft of the Equipment; (e) damage and/or destruction of the Equipment during the applicable service term; (f) personal injury and/or property damage relating to Customer’s use and/or possession of the Equipment; (g) physical damage to streets, roadways, driveways, walkways, pavement, curbs, wells, irrigation systems, landscaping, lawn, septic systems and/or underground utilities caused by the Equipment including, without limitation, any damage to Customer’s property from leaks or stains relating to the use of the Equipment; (h) Customer’s breach of this Service Agreement; and (i) any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third party (including, without limitation, a towing company) incurred in connection with the movement, placement and/or use of the Equipment.
Any and all disputes arising from or in connection with the Services, including, but not limited to, this Service Agreement, the Service Documents and/or Customer’s possession and use of the Equipment or Company’s or the Service Provider’s performance of the Services, shall be construed in accordance with and governed by the laws of the State of Ohio, U.S.A., including all matters of construction, validity and performance, without giving effect to the conflict of laws provisions of such State. Any provision hereof which may be prohibited by applicable law shall be ineffective to the extent of such prohibition and without invalidating the remaining provisions hereof.
Any action arising from or in connection with the Service(s), including, without limitation, this Service Agreement, the Service Documents and/or Customer’s possession and use of the Equipment or Company’s (or the Service Provider’s performance of the Services), shall be resolved exclusively through arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The number of arbitrators will be one. The seat, or legal place, of arbitration will be the City of Cleveland, Cuyahoga County, Ohio. The governing law will be the substantive law of Ohio, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction. The parties agree to arbitrate solely on an individual basis, and that this Service Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitration may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this arbitration provision will remain in force.
The Service Agreement, nor any part or portion of Customer’s performance hereunder is assignable by Customer in whole or part without the prior written consent of Company, which may be withheld within the sole discretion of Company. No approval shall be required from the Customer in order for the Company to assign this Service Agreement or the performance of the Services.
Company expressly reserves all rights and remedies which are available to it at law or in equity.
