PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. IT IS A LEGALLY BINDING CONTRACT GOVERNING THE AGREEMENT BETWEEN YOU, THE CUSTOMER, AND HOMETOWN WASTE & RECYCLING SERVICES, INC, (“HWS”).
By placing your order, you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you do not agree to any of the terms below, HWS is unwilling to provide goods or services. If you are unwilling to accept all of the terms of this Agreement, you should not place an order. If you have already placed an order before reviewing this Agreement, and if you do not agree to the terms of this Agreement, you must cancel your order before any equipment is dispatched to your work site.
UPON ENTERING INTO AGREEMENT: “I HEREBY GIVE HOMETOWN WASTE AND RECYCLING SERVICES, INC. PERMISSION TO AUTOMATICALLY MANUALLY CHARGE MY CREDIT CARD FOR THE DUMPSTER RENTAL, ANY OVERWEIGHT CHARGES AND OR FEES THAT MAY OCCUR ON THE RENTAL LISTED WITHIN THIS AGREEMENT.”
DESCRIPTION OF SERVICES
HWS shall provide the temporary use of waste disposal equipment (sometimes referred to as dumpsters or containers) and waste disposal services as agreed between the parties at the time the Customer places an order. HWS endeavors to perform all services in a safe and professional manner, consistent with state licensing requirements, regulations governing such operations, and the terms of this Agreement. HWS equipment and vehicles are maintained in good working order, operated by licensed professionals and fully insured.
CUSTOMER OBLIGATIONS The Customer agrees to undertake the following obligations:
- WASTE MATERIAL – The waste material to be collected and disposed of by Hometown Waste and Recycling Inc. (“HWS”) pursuant to this agreement is limited to solid waste generated by the customer. HWS will not accept any dangerous materials, including but not limited to asbestos, radioactive materials, explosives, corrosives. oxidizing agents. infectious wastes, pathological wastes, chemotherapeutic wastes, hazardous wastes, or any other unacceptable material. The inclusion of any hazardous waste materials may result in additional charges to the customer. Customer agrees to hold HWS harmless for any and all liability of any type whatsoever, including but not limited to legal actions, claims, fines, sanctions, or any other liabilities arising out of improper materials. HWS reserves the right to charge customer for disposal of and/or fines imposed against HWS for hazardous waste.
- SITE REQUIREMENTS – Equipment will be delivered to the site directed by Customer provided that doing so does not violate any applicable laws or regulations and provided that the Customer has provided adequate access to the delivery site. The Customer warrants that any access / location provided for the equipment is sufficient to bear the weight of all equipment when fully loaded and the vehicles required to perform the services. HWS shall not be responsible for damage to any pavement or accompanying sub-surface or any route reasonably necessary to perform the services herein contracted. HWS requires a minimum of 15ft in height as well as 13ft in width for all placements. Customer also understands that “10yd dumpsters” require a minimum of 50ft in length; “20-40yd dumpsters” require a minimum of 60ft in length to be able to drop off and pick up the dumpster in a safe operating manor.
- DAMAGE TO PREMISES – It is expressly agreed to and understood that HWS shall not be responsible for any damages to pavement, driving surfaces, buildings, vehicles or any other personal property, arising out of the performance of HWS responsibilities under this agreement. Customer agrees to indemnify and hold HWS harmless for any and all liability, arising out of damage to premises, including, but not limited to legal actions, claims, fines, sanctions, or any other liabilities.
- DURATION – Dumpster rental starts on the day of drop off and is according to rental terms at time order is placed. The terms may thereafter be voided or re-evaluated accordingly by HWS. Customers engaging in dumpster rentals shall not be entitled to any refund in the event dumpster is not utilized during said period or is underutilized. If customer fails to return the dumpster within such time period the customer will be charged no less than $35.00/day after including weekends. HWS Reserves the right to not extend any rental past original scheduled dumpster agreement. If customer refuses to immediately make dumpster available for return upon conclusion of rental period Customer acknowledges and agrees to pay full retail purchase price from manufacturer to replace equipment held hostage. Customer agrees to allow HWS to immediately manually charge the credit card without dispute for any charges for rental days or customers purchase of said dumpster.
- LIABILITY FOR EQUIPMENT – Customer acknowledges that it has care, custody, and control of HWS equipment and agrees to protect HWS equipment from any unreasonable risks or harm or damage. Customer shall be liable for the costs of repairing or replacing (whichever is less), any equipment owned by HWS which is damaged or destroyed during the term of this agreement.
- TITLE – HWS shall acquire title to the solid waste when such solid waste is loaded in HWS dumpster and/ or vehicle. Title to and liability for hazardous materials shall remain with the customer at all times.
- ENFORCEMENT – Customer agrees to hold HWS harmless and to indemnify HWS for any legal fees, costs, expenses, claims, judgements, or any other liability whatsoever arising out of HWS responsibilities under this agreement. This shall include but not be limited to any legal actions brought against HWS.
- YARDAGE – Customer shall observe the fill line- top of dumpster and agrees to load the same safely and not to exceed any specified yardage limits in filling any dumpster. Customer shall observe the fill line for any Concrete, Dirt and Asphalt should be a minimum 12in. from the top of dumpster. Customer is responsible for any overweight charges. HWS is not responsible for spillage due to overloaded dumpsters. The weight of the Waste Materials shall not exceed DOT limitations. In the event HWS incurs any fines, penalties or any other criminal, civil or administrative liability as a result of the overloading and / or spillage of any dumpster for the term of this agreement, customer agrees to indemnify and hold HWS harmless for any such liabilities, including but not limited to reasonable counsel fees and costs.
- PRICING AND PAYMENT – Customer hereby agrees to the prices for dumpster services supplied by HWS, as specified herein. Pricing varies based on customers location and may differ by city, county, and state. Payment is due immediately upon receipt of any invoices for services rendered. Customer agrees to promptly pay all sums when due. Customer authorizes HWS to charge customers credit card for any unpaid balances and any future delinquent balances. Customer acknowledges that the credit card may be charged multiple times for one dumpster, as provided for in this agreement. Customer agrees and acknowledges that HWS assumes to obligation to extend credit to customer at any time.
- DELAYS – HWS shall not be responsible for any losses or damages resulting from delays in supplying a dumpster to a customer.
- CLEAN-UP – HWS shall not be responsible for any debris on the ground or in the immediate vicinity of any container except for debris which has been properly deposited in said container.
CHANGES AND CANCELLATION POLICY
Hometown must be notified during normal business hours of any cancellations at least 24 hours in advance of the date of service. Any cancellations made within 24 hours of the date of service or while the truck in is route to customer’s location will be subject to a cancellation fee of up to $250.00. Any attempt to cancel a dumpster already delivered will be entitled to no refund under no circumstances. Customer agrees to provide unobstructed access to the equipment on the scheduled service day. If the equipment is inaccessible for any reason so that the schedule can not be made, Hometown will charge the customer a trip charge of up to $250.00 per attempt and also promptly notify customer and afford the customer a reasonable opportunity to reschedule the service.
FEES AND PAYMENTS
Customer shall pay HWS in accordance with HWS’s established pricing for the services provided and any fees quoted to the Customer at the time the order is placed. Additional fees may be charged to the Customer due to overweighting a container, placing Prohibited Items or restricted items in a container, or otherwise violating any Customer obligation under this Agreement. If HWS is unable to make a delivery and/or removal due to safety and/or lack of accessibility; Customer will be charged a $150 service attempt fee. Payment for services will be charged to the credit card provided by Customer. The provided credit card will also be charged for any and all additional charges that may be incurred including but not limited to: overweight fees, daily rental fees, service attempts, etc. Additional charges may appear on a subsequent credit card statement from the original charge. By completing and submitting the credit card or other payment authorization or by providing the Customer’s credit card information over the telephone, the Customer authorizes HWS to charge the fees to the account provided by the Customer.
WARRANTIES AND LIMITATIONS OF WARRANTIES
HWS warrants that it will undertake commercially reasonable efforts to provide the equipment and services requested by the Customer in a timely manner. HWS is not responsible for delays or losses due to causes beyond its reasonable control, including, without limitation, acts of nature, strikes, unavailability of equipment, laws, or inhibited access. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, HWS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATIONS OF LIABILITY
HWS shall not be responsible for damages to pavement, utilities, property, lawns, fencing, landscaping or other like exterior items. EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, HWS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF HWS WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF HWS TO THE CUSTOMER FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE EQUIPMENT OR THE SERVICES PROVIDED BY HWS EXCEED THE TOTAL FEES PAID TO HWS BY THE CUSTOMER DURING THE SIX MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM. THE CUSTOMER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN THE CUSTOMER AND HWS WOULD NOT PROVIDE THE EQUIPMENT OR SERVICE WITHOUT THIS LIMITATION.
Each party must comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to the equipment and services provided for in this Agreement. This Agreement and the rights and obligations of the parties will be subject to and construed in accordance with the laws of the State of New Jersey, excluding conflict of law principles. The parties consent to jurisdiction and venue exclusively in the State of New Jersey. The failure of HWS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect.
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