Service Agreement – The Blue Dumpster

 

THE BLUE DUMPSTER* and its subsidiaries (hereinafter, “Company”), agree to provide  waste removal services (hereinafter, “Services”), and “roll off dumpsters” (hereinafter, "Equipment") to customer(s) exclusively on the basis of the terms and conditions set forth in this Agreement.

1. Acceptance; Contract Formation.

Customer agrees that the arrangement and/or delivery of Services and/or Equipment, are subject to the terms and conditions set forth in this Agreement. Customer has had the  opportunity to read and understand the Agreement and further affirms and agrees that placing an order for Equipment or accepting Services and/or delivery of Equipment, they are agree  to all terms of this Agreement. This Agreement, and any quotation, proposal, order confirmation, service schedules, acknowledgment, invoice and/or other amendments to this Agreement sent from the Company , shall further constitute the entire agreement between Customer and Company and supersede all previous agreements for Services and/or Equipment. No change in this Agreement or amendments thereto will be valid unless approved by the Company in writing. The Company may periodically update this Agreement and any update shall become effective upon the Customer’s acceptance of a quotation and/or Services and/or the delivery of Equipment that occurs after the effective date of such update. Customer affirms and agrees they have read and understood all updates and amendments to the Agreement. 

2. Ordering Process.

Company intakes and processes all orders for Services and/or Equipment either via telephone at 417-337-4927, or via our website which is located at www.thebluedumpster.com (the “Website”). All orders for Services and/or Equipment are hereinafter collectively referred to as “ Order (s)”). All Orders are contingent on the Company’s ability to arrange for the delivery of the Equipment/Services safely, appropriately and in accordance with local regulations and Missouri and Federal Law. Customer is solely responsible for contacting Company (either via telephone or via the Website) in order to initiate the commencement of the Services and/or Equipment, and the final pickup of the Equipment (pursuant to Section 3 herein). Customer acknowledges that any telephone numbers or information posted on and/or adhered to the Equipment belong to third parties and should not be used for the purpose of attempting to contact Company.

3. Equipment.

Except as otherwise specifically stated herein, Equipment is provided “AS-IS”  and the Company makes no warranties or representations to Customer, either express or implied, including, but not limited to, warranties as to merchantability, fitness for any particular use or purpose or that the equipment will meet Customer’s requirements. Customer will inspect Equipment upon delivery and will notify Company in writing of any defects prior to use. Company does not guarantee delivery times or dates. Company will not be liable to Customer under any circumstances for costs, expenses, losses and/or damages incurred by Customer in any manner relating to delays in delivery, pickup or defective Equipment.

Customer acknowledges and agrees that the Equipment must be placed on a solid and stable surface location and must be easily accessed for the purpose of the Company’s continuing performance of the Services, and be free of ground or overhead obstructions. In the event that the Company attempts to deliver or pick up Equipment and is unable to do so for any reason beyond Company’s control, including, but not limited to, overloaded Equipment, low-lying power lines or tree branches, blocked access to the delivery or pickup location, damaged Equipment, locked gates, fences or parking lots, inaccessible driveways and/or the storage of prohibited items or substances in the Equipment, the Customer will be charged for a  “Dry-Run/Trip Fee.” Customer agrees to a Dry-Run/Trip Fee of $200 (“Two Hundred Dollars and no cents.”) If Company incurs additional charges, fees, fines, penalties costs and/or expenses related to the Dry Run, then Customer maybe charged those costs. Customer acknowledges and agrees that the Company is authorized and entitled to charge to Customer’s credit and/or debit card in the amount of any such Dry-Run/Trip Fee. 

Customer authorizes the Company to enter the premises, identified in the Service Order, in order to deliver, remove and place the Equipment. Customer warrants to Company that it owns the premises or has express authorization to place the Equipment on the premises identified as the service address. EXCEPT IN THE CASE OF RECKLESSNESS OR INTENTIONAL MISCONDUCT, CUSTOMER ASSUMES FULL RISK OF ALL DAMAGE (AS DEFINED HEREINBELOW) AND HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST THE COMPANY AND COMPANY RELATING TO AND/OR ARISING FROM THE CUSTOMER’S USE OF THE EQUIPMENT AND/ OR FROM THE DELIVERY, PLACEMENT, OR RETRIEVAL OF THE EQUIPMENT AND/OR FROM ANY RESPONSIBILITY FOR SUCH DAMAGE AND/OR FOR DAMAGE DUE TO THE DESIGNATED AREA LACKING ADEQUATE SIZE, STRUCTURAL STRENGTH AND/OR CLEARANCE. DAMAGES INCLUDE BUT ARE NOT LIMITED TO PHYSICAL DAMAGE TO STREETS, ROADWAYS, DRIVEWAYS, AWNINGS, OVERHANGS, WALKWAYS, PAVEMENT, CURBS, WELLS, IRRIGATION SYSTEMS, LANDSCAPING, LAWN, SEPTIC SYSTEMS AND/OR UNDERGROUND UTILITIES AND INCLUDE DAMAGE TO THE PROPERTY OR PREMISES FROM ANY AND ALL LEAKS OR STAINS.

Upon the delivery of the Equipment to the location as designated in the Service Order, Customer must not move, transport or attempt to move or transport (either directly or indirectly) the Equipment from the designated site. In the event that a relocation of the Equipment is required in order to comply with applicable laws and regulations and/or to allow the Company to perform the Services, then a relocation charge may be assessed by Company within its the discretion. Customer affirms and warrants that the location site of the equipment is in accordance with any and all local, state and federal laws, regulations and ordinances.  Customer is solely responsible for any fees, penalties, fines, assessments, charges, costs and expenses incurred in connection with the movement, placement, damage and/or use of the Equipment. Company may arrange for the pick-up of the Equipment at any time if required to do so by local, county and/or state and/or federal law or respective agency.

4. Damage to Equipment.

While at Customer's location and until returned to Company'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 Company 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. No loss or damage to Equipment, in whole or in part, shall impair Customer’s payment obligations under this Agreement. Customer is solely responsible for any and all personal injury and/or property damage arising from or relating to Customer’s or its agent’s negligence or movement or misuse or use of the Equipment and agrees to indemnify Company for any such injury or damage.

5. Prices, Payment and Terms.

Applicable prices for each Service transaction will be confirmed by Company at the time of Customer’s placement of an order for such Service(s) and/ or Equipment. Except as otherwise mutually agreed in writing between Customer and Company, Customer will pay Company for the Services and or Equipment via credit card payment and payment is due on the date specified in the invoice and will be deemed overdue if not paid by the date specified. In the event that payment is not received by the specified due date, a late fee of 20% of the past due balance will be charged and the past due balance shall accrue interest at a rate of ten percent (10%) per annum, compounded monthly.  

Customer understand and consents they will be liable for any and all reasonable costs and expenses, including but not limited to reasonable attorney's fees, court costs, and collection agency fees, incurred by the Company in connection for any violation of this Agreement and/or with the collection of any past due amounts Any such interest, costs, and fees shall be in addition to, and not in lieu of, any other remedies available to the owed party under applicable law.

If Customer violates any of the terms of this Agreement, which includes but is not limited to the revocation and/or cancellation of Company’s authorization to charge Customer’s credit card for services or equipment rendered, then Company, within its sole discretion, may immediately terminate the Service, recover the Equipment, and cease providing the Services without notice or liability to Customer, and without prejudice to or waiver of any of Company’s remedies against Customer.

6. Cancellation and Cancellation Fees.

​Customers may cancel their transaction but must do so by 3:00 pm the business day before the delivery date that is set forth on the service confirmation (“Cancellation Window”) by calling or emailing the email address listed on the service confirmation. Any Service Order, that is not cancelled within the Cancellation Window, shall be charged a cancellation fee (which is authorized to be charged to Customer’s credit/debit card) in the of amount $150.00, (One hundred and Fifty Dollars and no cents).

7. Weight Restrictions and Overage Fees.

Customer is solely responsible and is required to comply with the weight restrictions for 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 is responsible for covering and/or tarping the Equipment in order to prevent rain, water, snow, ice accumulation in the Equipment. Customer agrees that if they fail to comply with weight restrictions they will be charged  for any expenses and/or fees and/or penalties in connection with failing to comply with weight restrictions, including but not limited to  the transport of loaded Equipment to landfills and/or overage charges and fees to landfill (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 $200.00 per ton in excess of the applicable weight restriction for the Equipment or if higher, the actual cost of the landfill charge, whichever is higher (“Overage Fee”). Company reserves the right to refuse to provide services to Customers who do not follow weight restrictions, and Customer acknowledges that Company may recover their equipment and leave debris with Customer should they fail to comply with weight restrictions and will be charged a Dry Run Fee. Customer authorize that all Overage Expenses and Overage Fees assessed by Company against Customer may be charged to Customer’s credit/debit card.

8. Permits.

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 Customer agrees to be charged a Dry Run Fee.

9. Use of Logo.

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.

10. Prohibited Materials.

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. 

In the event that Customer fails to comply with this Section Company can refuse to remove the materials and will leave all materials with Customer and take back Equipment. Customer agrees to be charged a Dry Run Fee. 

11. Indemnification.

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 COMPANY 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 THE THIS SERVICE AGREEMENT; AND (I) ANY FEES, REASONABLE ATTORNEY 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.

12. Governing Law; Severability.

Any and all disputes arising from or in connection with the Services, including, but not limited to, this Service Agreement, damage to equipment, the Service Documents and/or Customer’s possession and use of the Equipment or Company’s or the Company’s performance of the Services, shall be construed in accordance with and governed by the laws of the State of Missouri, U.S.A., including all matters of construction, validity and performance. Customer further agrees and consents to the venue of Greene County, Missouri for any and all litigation and disputes.  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. 

 

13. Assignment.

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.

14. Reservation of Rights.

Company expressly reserves all rights and remedies which are available to it at law or in equity.

15. Interruption of Service Caused By Force Majeure. 

Company shall not be liable for any delay or failure of performance of any part of the Agreement to the extent that such failure or delay is caused by Acts of God, acts beyond the reasonable control of Company, inability to secure or deliver equipment or services. 

 

By purchasing Services and or Equipment online or in person Customer agrees to Service Agreement. 

​

updated 10/9/2024