Terms & Conditions
Terms & Conditions For Waste Materials
By using or engaging in our services, you hereby acknowledge and agree to the terms and conditions below. For all intents and purposes regarding financial and/or legal issues, the terms and conditions found here shall constitute a legally binding service agreement and shall have the same force and effect as a signed service agreement. This contract will remain in force and apply to all rentals/services for up to one year or when a new contract is signed.
Customer accepts full responsibility for the contents of the dumpster and agrees to additional charges if it contains unacceptable materials. Contents are inspected by the landfill and recycling centers (see list below).
The following items are unacceptable waste materials in any dumpster including but not limited to:
- Liquid Wastes of any kind: Chemicals, Herbicides, Pesticides, Solvents, Paint, Oil, Fuel, Freon
- Toxic or Hazardous Material: Asbestos, Radioactive material, Bio-Medical material, Highly Flammable material, Batteries, Explosives.
- Heavy Fill Items: Concrete, Plaster, Glue, Sticky Materials, Tar, Rock, Dirt, Stone.
- Televisions, Computers, Computer Monitors, Computer parts, Freon, Appliances /equipment with Freon
Customer warrants that the waste material put into a dumpster delivered and picked up by Onsite Disposal LLC will not contain hazardous or unacceptable materials above or any other prohibited substances as defined by applicable federal, state and local laws or regulations. Onsite Disposal shall acquire title to the waste materials when loaded into a Onsite Disposal dumpster. Any materials not acceptable as defined above WILL BE LEFT AT CUSTOMER’S LOCATION AT CUSTOMER S EXPENSE OR CHARGED AN ADDITIONAL DISPOSAL FEE.
Customer agrees to indemnify, defend and hold harmless Onsite Disposal 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 unacceptable materials are discovered at the dumping facility and Onsite Disposal is fined for these materials, the customer agrees to pay the fine plus a $100 handling fee and any costs to rectify. If a clean out is necessary to return the container to normal service, the customer agrees to pay the third-party clean out fee, a $100 handling fee plus labor costs and replacement costs.
Customer agrees to load their dumpster level and even with the top with 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/fines received as a result of an overloaded dumpster plus the cost of labor, time, additional equipment needed, mileage, blow outs, damages to trailer tires and wheels, and any other fees associated with an overweight trailer. Any additional charges due will be automatically charged to Customerʼs credit card on file.
Customer shall pay Onsite Disposal for all excess tonnage at the rate of $75.00 per each 0.01-1.00 ton overage plus labor charges in accordance with the following schedule:
- 15 yard dumpster-up to 2.5 tons or 5,000 lbs/ 7 days free for residential and 14 days free for new construction rental included in price.
- 20 yard dumpster-up to 3 tons or 6,000 lbs/ 7 days free for residential and 14 days for new construction rental included in price. Plus a $5 per day charge after 14 days for new construction only.
- Residential max time to keep trailer is 7 days and 30 days for new construction.
Trucks are weighed before and after entering the landfill. Exact weight tickets are available and can be provided upon request. Any overages will be charged to your credit card on file.
Customers are responsible for all loss or damage (including theft) of the dumpster provided other than normal wear and tear. Fork-lifts, backhoes and other heavy equipment used in the loading dumpsters are the leading cause of damage. No fire or smoldering material can be put into a dumpster. 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 lost rental opportunity and a handling fee depending upon the extent of the damage. A customer shall not overload or move the dumpster or make any alterations or improvements to the dumpster, and shall use the dumpster only for the proper purposes for which it is intended. The customer shall be liable for any overweight fines or damages caused by a grossly overloaded dumpster. Customer agrees to indemnify, defend and hold harmless Onsite Disposal 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, the dumpster becomes the customerʼs full responsibility. On pick up day, Customer shall provide unobstructed access to the dumpster. If, on the day of scheduled pick up, the dumpster is inaccessible, Customer will be notified and charged a $100 (dry run) trip-fee (Within 20 mile radius of Burnet, TX.)
Further distances will be charged an additional per mile distance rate of $1/mile for the unsuccessful collection (dry run) of the dumpster. A $100 fee will be charged for priority delivery and/or pickup of dumpster.
Driveways and Parking Areas:
Customer warrants that any right of way provided by Customer for Onsite Disposal is sufficient to bear the weight of all Onsite Disposal dumpsters and vehicles. Onsite Disposal shall not be responsible for damage to any surface including pavement or accompanying sub-surface or any route necessary to perform the services contracted. In addition, Onsite Disposal shall not be responsible for damage to lawns, fences, trees or shrubbery, septic or sprinkler systems, wind, or storm damage in accordance with an agreed upon drop spot. In designating a drop-spot, Customer assumes all liabilities for damage including but not limited to pavement or road surface, sidewalks, lawns, fences, shrubbery, sprinkler systems, trees, septic systems, wells or other structures in the path of designated drop-spot. Dumpsters and the trucks that carry them are extraordinarily heavy, especially when loaded.
Charges and Payments:
Customer shall pay Onsite Disposal in accordance with established rates for the services provided. The dumpster base rental price given by Onsite Disposal to the Customer is for ONE dumpster. Each subsequent empty dumpster will require a new charge. 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. Payment is required with each order and before delivery with a credit card on file for incidentals. Payment by check is accepted however, checks must be dropped off at the office during normal business hours of 8am-5pm, Monday through Thursday at 320 Southland Drive, Burnet, TX 78611. Deliveries are not put into queue until payment is posted. Note: Days begin the day of dumpster delivery. Weekends are included in the number of rental days. Dumpsters will be picked up automatically on the 30th day unless prior arrangements are made. It is the customer’s responsibility to call and request pickup prior to 30 days. Please allow up to 72 hours for pickup. Any pickups requested before 72 hours will be assessed an additional $100 urgent delivery and/or pickup fee.
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.
Terms of Service for Portable Restrooms:
Subject to the terms and conditions stated here, Onsite Disposal agrees to furnish customer, at Customer’s designated location, portable restrooms, and other waste and sanitation related equipment and services, as may be requested by Customer during the term of this Agreement.
All equipment and services are billed at an agreed upon rate for up to four (4) weeks or twenty eight (28) days of rental. For 28 day rentals, units will be serviced weekly. Service days are subject to change during the week. For example, you may be serviced on Thursday one week and Tuesday the next, but all toilets will be serviced weekly. If your toilet is full before the weekly service, consider adding another toilet to the site. You may request an extra service during any given week for an additional $50-75 fee charged plus fees and applicable taxes. Onsite does not prorate for unused days. Prices are subject to change and new service requires a new order. Weekend or special event rentals are not serviced unless additional services are purchased.
Payment Terms/Credit Card Processing:
All Customers must have a valid credit card on file for incidentals and all past dues regardless of the pay method. Customer declares that all credit information submitted is true, accurate, and appears in the name as stated. Authorization is hereby given to Onsite to use the credit card information provided for amounts due to Onsite on an per order or monthly basis as charges accrue. Further, Customer authorizes its credit company to accept and to charge its account for purchases initiated by Onsite. This authorization allows Onsite to continue to use the credit card information, which shall remain in full force and effect unless the Customer revokes this authorization in writing sent certified mail, return-receipt requested to Onsite Disposal at 320 Southland Drive Burnet, TX 78611. Should a credit card become invalid, Onsite reserves the right to remove any and all property leased without notice. Should Customer’s account be referred to a collection agency or an attorney, Customer shall bear the costs of court and/or attorneys’ fees.
Customer may pay by check as long as the check is received and posted in our office by the due date. The office is located at 320 Southland Drive, Burnet, TX 78611, hours are 8am-5pm Monday-Thursday. A convenience charge of 3.50% will be added to all credit card transactions. Monthly payments are billed 10 days prior to effective date and past due on the 11th day. If your account is past due, Onsite reserves the right to not service your toilet/tank until payment is made and up to date. In most instances, the toilet will not be serviced until the next scheduled service date/week.
A priority service may be purchased if Onsite is available in working in your area. Toilets/tanks will be removed from the site once payment is delayed more than 21 days. Payment is required with each order and before delivery with a credit card on file for incidentals. Payment by check is accepted however, checks must be dropped off at the office during normal business hours of 8am-5pm, Monday through Thursday at 320 Southland Drive, Burnet, TX 78611. Deliveries are not put into queue until payment is posted.
Customer and Onsite agree that all service related issues and all complaints regarding non-performing, damaged or malfunctioning equipment will be communicated by emailing Onsite at email@example.com or by callingduring normal business hours of 8am-5pm Monday thru Thursday.
Unit Delivery, Location, and Retrieval:
Delivery dates provided by Onsite are approximate. Onsite shall have no liability for failure or delay in delivery or failure to notify Customer of any delay or non-delivery. Onsite is not responsible for Customer’s failure to designate unit placement at delivery. If a unit is set in an undesired area because Customer failed to designate placement area and Onsite is asked to return, then Onsite reserves the right to charge a fee of up to $100 depending on the service location, plus fuel costs. Relocation of the unit will be performed at Onsite’s earliest convenience. Customer agrees not to remove units from site or permit the units to be removed from the site without Onsite’s expressed written consent. Allow up to 72 hours for delivery/pickup.
Equipment Use and Access:
Customer will immediately notify Onsite and discontinue use of equipment that is or becomes unsafe or dangerous, in any respect. Customer shall provide unobstructed access to equipment on the day of servicing or removal, or be subject to a $100.00 trip charge plus fuel costs, and/or delayed service or removal. A unit is inaccessible if it is located more than twenty five (25) feet from an area accessible to a pumper truck. Customer represents that it has authority to permit Onsite to enter upon property upon which the Onsite units are located to permit Onsite to service, repair, or remove a unit, and Customer agrees to hold Onsite harmless from Onsite entry upon such real property for these purposes. Customer acknowledges that health standards require 1 unit for each 10 persons on site. It is Customer’s sole responsibility to contact Onsite to request all equipment relocations and final pick-ups. ONSITE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT. Each unit is stocked with 3 rolls of toilet paper. Additional rolls are priced at $3 per roll.
Because fuel and disposal costs constitute a significant portion of Onsite’s operational costs, Customer agrees that Onsite may increase its fuel surcharge and/or haul rate to adjust for any increase to Onsite’s costs.
Risk of Loss or Damage:
Customer agrees to return all equipment furnished under this Agreement to Onsite in the same condition as delivered, subject only to normal wear and tear. Customer shall bear the risk of loss and damage to equipment. In the event of damage to Onsite equipment, other than damaged caused directly by Onsite, Customer shall pay the lesser of (a) the cost or repair, or (b) the cost of replacement for Onsite in Burnet, Texas. No loss or damage to equipment, in whole or in part, shall impair Customer’s payment obligations under this Agreement. Customer warrants that any right of way provided by Customer for Onsite Disposal is sufficient to bear the weight of all Onsite Disposal dumpsters and vehicles. Onsite Disposal shall not be responsible for damage to any surface including pavement or accompanying sub-surface or any route necessary to perform the services contracted. In addition, Onsite Disposal shall not be responsible for damage to lawns, fences, trees or shrubbery, septic or sprinkler systems, wind, or storm damage in accordance with an agreed upon drop spot. In designating a drop-spot, Customer assumes all liabilities for damage including but not limited to pavement or road surface, sidewalks, lawns, fences, shrubbery, sprinkler systems, trees, septic systems, wells or other structures in the path of designated drop-spot. Dumpsters and the trucks that carry them are extraordinarily heavy, especially when loaded.
This Agreement shall be effective immediately and shall continue in full force and effect until Onsite receives written notice of termination from Customer sent by certified or registered mail, return-receipt requested. Said notice shall specify the effective date of termination, which shall be no less than seven (7) days after Onsite’s receipt of said notice of termination. Termination of this Agreement shall in no way release Customer or guarantor from any sum, debt or other obligation, including any duty to defend and/or indemnify Onsite, incurred or arising prior to such termination.
Invoice Disputes; Waiver:
In the event Customer disputes any amount invoiced hereunder, Customer agrees to provide Onsite with written notification of such dispute within ten (10) calendar days of the disputed invoice date, or else waive such dispute. Even in the event of a timely notice of dispute, Customer agrees to timely pay all undisputed amounts invoiced hereunder.
If Customer fails to make any payment or perform any obligation under this Agreement or becomes in any way the subject of a bankruptcy proceeding, Onsite shall be under no obligation to furnish additional equipment or services to Customer until the default is cured and Onsite may, without penalty, legal process or notice of any kind, immediately retake possession of all of its equipment from Customer, regardless of location. Checks issued by customer and not paid for any reason will incur a fee of $35 per check. Chargebacks to credit cards will result in theft of service charges being filed in the county of Burnet, TX, and will be charged a chargeback fee of $35.
Limitation of Liability:
Onsite shall not be liable for damage to pavements or other driving surfaces resulting from the weight of vehicles servicing the equipment location designated by Customer, nor for any damages incurred while executing Customer’s directions. In no event shall Onsite, its members, managers, employees, agents, attorneys, insurers, affiliates, successors, or assigns be liable for: i) any claim, loss, damage or expense of any kind (including strict liability in tort) arising out of or related to the ownership, selection, possession, lease, operation, control, use, maintenance, delivery or return of the equipment; ii) incidental, indirect, special or consequential damages (including loss of profits or production), whether suffered by Customer or any third party, no matter the cause; or, iii) any amount in excess of the amount Onsite receives from Customer as payment under this Agreement.
Customer agrees to defend, indemnify and hold Onsite harmless from and against any and all claims, actions, suits, costs, expenses (including attorney’s fees), damages and liabilities for injury or death to persons or loss or damage to property, arising out of or related to the equipment or services furnished under this Agreement, including costs, expenses, and attorney’s fees incurred by Onsite in an action, claim, or suit to enforce or prosecute Customer’s obligations under this provision or Agreement.
Limitation on Liability Disclaimer Warranties:
To the maximum extent permitted by applicable law, in no event shall onsite disposal (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 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. Onsite disposal’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. Onsite disposal 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 the company relating to or arising from the customerʼs rental of the equipment and/or companyʼs performance under 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 onsite disposal, 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 Burnet 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 onsite disposal 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.