ROLL-OFF GUIDELINES & SERVICE AGREEMENT

This Roll-Off Guidelines and Service Agreement (“Agreement”) is between AGS Dumpsters and the entities/individuals identified herein, and hereinafter referred to as “Customer.” For all intents and purposes regarding financial and/or legal issues, the terms and conditions found here shall constitute a legally binding service agreement.

AGS Dumpsters shall furnish all labor, equipment, materials and supervision related to providing roll-off containers for waste removal and disposal services to the Customer.

Waste Materials:

Customer accepts full responsibility for contents of dumpster and agrees to additional charges if it contains unacceptable materials. Contents are inspected by the landfill and recycling centers. Customers will incur additional fees if unacceptable materials are identified. (see list below).

(No Concrete, Rock, Dirt, Stone or Heavy Fill in our Dumpsters)

The following items are unacceptable waste materials in any dumpster.

• Tires
• Televisions and Computer Monitors
• Refrigerators
• Paints
• Chemicals, Bleach, Cleaners, Acids
• Solvents of any kind
• Oil
• Fuels, Propane, Flammable Chemicals
• No Fires or Smoldering Materials in Dumpsters
• Herbicides and Pesticides
• Asbestos
• Radioactive Materials
• Highly Flammable items
• Explosives
• Bio-medical
• Liquid Wastes of any kind
• Freon
• Toxic or Hazardous Material
• Food in Kitchen Bags
• Railroad ties
• Batteries
• 55 Gallon Drums
• Fluorescent lights and ballasts

Customer warrants that the waste material put into a dumpster delivered and picked up by AGS Dumpsters will not contain hazardous or unacceptable materials above (including wet concrete, wet paint, wet glue, wet plaster, hot tar, or any other sticky substance that would require mechanical removal) or any other prohibited substances as defined by applicable federal, state and local laws or regulations. Customer agrees to indemnify, defend, and hold harmless AGS Dumpsters against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property or to the environment arising out of breach of the warrant stated above. If AGS Dumpsters is unable to haul a container because Customer has unacceptable material in the container, Customer agrees that it will be responsible for the removal of all such materials from the container, and Customer shall incur a $75.00 charge for each haul that AGS Dumpsters cannot complete due to Customer’s breach of this Agreement. For purposes of the Agreement, a haul is considered completed upon placement by AGS Dumpsters of the container’s contents at the sanitary disposal facility. If unacceptable materials are discovered at the dumping facility and AGS Dumpsters is fined for these materials, the customer agrees to pay the fine plus a $100 handling fee. If a clean out is necessary to return the container to normal service, the customer agrees to pay the third-party clean out fee plus a $100 handling fee.

Overloading:

Customer agrees to load their dumpster level and even with the top and no material sticking up above the sides, so we may tarp the dumpster in conformance with State mandated load coverage regulations, or Customer will be responsible for any violations or fines received as a result of an overloaded dumpster.

If AGS Dumpsters is unable to haul an overweight/overloaded container the customer will incur a trip charge of $75.00 per service attempt. Customer understands and agrees that it will not force the back door of the container closed. Any damage caused to the container because of Customer’s overloading with heavy material shall be the sole responsibility of Customer. Any damage to the container while on the Customer’s site shall be the sole responsibility of Customer.

Any additional charges due to excess tonnage allowance will be automatically charged to Customerʼs credit card. Customer shall pay AGS Dumpsters for all excess (above included tons) tonnage at the rate of $65.00 per ton in accordance with the following schedule:

10 – yard dumpster 1 tons or 2,000 lbs/ 7 days of rental included in price.
15 – yard dumpster 2 tons or 4,000 lbs/ 7 days of rental included in price.
20 – yard dumpster 3 tons or 6,000 lbs/ 7 days of rental included in price.

Trucks are weighed before and after entering the landfill. Exact weight tickets are available and can be provided upon request.

Note: Loads in any dumpster cannot exceed 4 tons or 8,000 lbs in order for AGS Dumpsters to drive safely and remain in compliance with federal D.O.T. regulation.

Customer Responsibility:

Customers are responsible for all loss or damage (including theft) to the dumpster provided other than normal wear and tear. Fork-lifts, backhoes and other heavy equipment used in the loading of roll-off dumpsters are the leading cause of damage. No fire or smoldering material can be put into a AGS Dumpsters. If a dumpster is damaged structurally or cosmetically while in the customers’ possession, the customer agrees to pay the full amount of the repair cost plus rental fee of $395 each week while dumpster is repaired.

Customer agrees to indemnify, defend and hold harmless AGS Dumpsters against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property arising out of Customerʼs use, operation or possession of the dumpster. Once the dumpster is in the customerʼs possession, it is the customerʼs full responsibility of the dumpster.

Customer understands and agrees to keep the area around the container clear, and Customer will utilize its best efforts to afford truck access to the container. Customer will not move the dumpster or make any alterations or improvements to the dumpster. If AGS Dumpsters is unable to haul a container because access to the container is blocked or obstructed, a $75.00 trip charge fee shall be assessed for each container that is blocked or obstructed.

DRIVEWAYS AND PARKING AREAS:

Customer warrants that any right of way provided by Customer for AGS Dumpsters is sufficient to bear the weight of all AGS Dumpsters and vehicles. AGS Dumpsters shall not be responsible for damage to any private pavement or accompanying sub-surface or any route necessary to perform the services contracted. In addition, AGS Dumpsters shall not be responsible for damage to lawns, fences, trees or shrubbery, septic or sprinkler systems in accordance with an agreed upon drop spot. In designating a drop-spot, Customer assumes all liabilities for damage to pavement or road surface, sidewalks, lawns, fences, shrubbery, sprinkler systems, trees, septic systems, wells or other structures in path of designated drop-spot. Dumpsters and the trucks that carry them are extraordinarily heavy, especially when loaded.

CHARGES AND PAYMENTS:

AGS Dumpsters requires all customers to have a valid credit card on file within our billing system for any incidental/overage charges that may arise.  Once valid credit card is established, we will accept any valid form of payment at time of dumpster delivery.

Customer shall pay AGS Dumpsters in accordance with established rates for the services provided. The dumpster base rental price given by AGS Dumpsters to the Customer is for ONE dumpster. Each subsequent empty dumpster (swaps) brought to customer will be charged at the same quoted rate as the first, including swaps done within agreed upon original rental days. Customer shall be liable for all taxes, fees or other charges imposed upon the disposal of the Customerʼs waste materials by Federal, State, local laws and regulations. After the included rental days in the schedule below, customers will incur a $10 per day charge for dumpster rental. If a pickup or swap request has not been made within agreed upon time, AGS Dumpsters may, at will, pick up dumpster with or without request from Customer.

10 – yard dumpster 1 tons or 2,000 lbs/ 7 days of rental included in price.
15 – yard dumpster 2 tons or 4,000 lbs/ 7 days of rental included in price.
20 – yard dumpster 3 tons or 6,000 lbs/ 7 days of rental included in price.

Note: Days do not begin until the day after dumpster delivery. Weekends are included in number of rental days.  Pick up day will be agreed upon before delivery of service.  Extension of the days of service will be negotiated at time of sale.

IMPORTANT THAT ALL CUSTOMERS UNDERSTAND THAT THEY ARE IN CHARGE OF SCHEDULING A DUMPSTER RENTAL PICK UP BY FILLING OUT OUR DUMPSTER RENTAL PICK UP FORM.

LIMITATION ON LIABILITY DISCLAIMER WARRANTIES:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO DAMAGE TO CUSTOMERʼS PROPERTY, PAVEMENT, CURBING DRIVEWAYS, WALKWAYS, LANDSCAPING AND/ OR LAWN WHICH IS RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMERʼS PREMISES EVEN IF COMPANY HAS BEEN ADVISED OF, KNOWS OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE EQUIPMENT IS PROVIDED ON AN “AS IS” BASIS AND COMPANY MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE MERCHANT ABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET ANY REQUIREMENTS. Texas Dumpstar’s TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, will be limited to, at the COMPANYʼS option, replacement or correction of any Services not in conformance with this Agreement or to the repayment of the portion of compensation paid by CUSTOMER attributable to the nonconforming Services. AGS Dumpsters will not be liable for any other damages, special, direct, indirect, incidental, consequential or otherwise, and in no event shall the COMPANYʼS liability exceed the compensation for the nonconforming services. CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST COMPANY RELATING TO OR ARISING FORM CUSTOMERʼS RENTAL OF THE EQUIPMENT AND/OR COMPANYʼS PERFORMANCE UNDER THIS AGREEMENT

It is expressly agreed that AGS Dumpsters is not liable to Customer for any delays in the performance of this Agreement for any incidental events arising from or caused by vehicle breakdown, motor vehicle accident, fires, strikes, war, or inclement weather.

Notwithstanding any of the foregoing, AGS Dumpsters reserves the right to cancel this Agreement at any given time, for any reason, and shall not be liable to Customer for any cost incurred, direct, indirect, consequential, or otherwise.

This Agreement contains the entire understanding between the parties and may not be altered or waived except by a writing signed by both the parties. No waiver by either party of the breach of any term or condition of this Agreement will constitute a waiver of, or consent to, any subsequent breach of the same or any other term or condition of this Agreement.

MEDIATION / ARBITRATION:

In the event of a breach of this agreement by either party, the breaching party shall pay all reasonable attorney fees, collection fees and costs of the other party incident to any action brought to enforce this agreement. Customers agree to submit any dispute arising under this Agreement first to mediation, then if it is not resolved, to Arbitration. The selection of a mediator shall be by agreement between the Customer and AGS Dumpsters
Dumpsters, but in the absence of an agreement the mediator shall be any retired judge, having served at least 10 years on a State District Court bench, in Williamson County Texas. The selection of an Arbitrator shall also be by agreement, should mediation fail. If an arbitrator cannot be selected by agreement between the Customer and AGS Dumpsters Dumpsters each party will select an Arbitrator and the two Arbitrators so selected will select a third Arbitrator. The Customer agrees to pay all costs of Arbitration including the Arbitration fees of the Arbitrators.

SEVERABILITY OF PROVISIONS:

In the event that any portion of this agreement is deemed unenforceable, all other provisions of this Note shall remain in full force and effect.

CHOICE OF LAW PROVISION:

This Dumpster Rental Agreement shall be interpreted under the laws of the State of Texas.