By renting dumpsters from Bubba Tugs Corp., you agree to the below terms and conditions:
Dumpster Service Terms and Conditions:
Customer warrants that the waste material in the roll-off container dropped and subsequently picked up by Bubba Tugs Corporation will not contain hazardous, toxic, radioactive wastes, **unacceptable material/s (including wet concrete and adherent substances: wet glue, wet paint, wet concrete, wet plaster, hot tar or any other “sticky” substance that would require mechanical removal) or other prohibited substances as defined by applicable Federal, State, local laws or regulations. Bubba Tugs shall acquire title to the waste materials when loaded into Bubba Tugs vehicles or roll-off dumpsters provided or delivered to any Bubba Tugs transfer facility. **Any materials not acceptable, including those banned by Federal, State and local laws/regulations WILL BE LEFT AT CUSTOMER’S LOCATION AT CUSTOMER’S EXPENSE. Customer agrees to indemnify, defend and hold harmless Bubba Tugs 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 site and Bubba Tugs is subsequently fined for these materials, the customer agrees to pay the fine plus a 10% handling charge. **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 10% handling charge.
Customer 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. The only exception is damage resulting from Bubba Tugs handling of the dumpster when providing its service during drop-off and pick-up. 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. Customer shall be liable for any overweight fines or charges caused by an overload condition. Customer agrees to indemnify, defend and hold harmless Bubba Tugs against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property arising out of Customer’s use, operation or possession of the dumpster. As in the case of renting an automobile, once the dumpster is in the customer’s possession, it is the customer’s responsibility. On collection day, Customer shall provide unobstructed access to the dumpster. If, on the day of scheduled collection, the dumpster is inaccessible, Customer will be notified and charged a one-time $75 trip-fee for the missed attempt at collection.
Customer agrees to load their dumpster level and even with the sides, with no material sticking up above the load, to provide for tarping 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. Any additional charges due to excess tonnage in the roll-off dumpster will be automatically charged to Customer’s credit card. Customer shall pay Bubba Tugs for all excess tonnage in roll-off dumpster at the rate of $40.00 per ton, in accordance with the following schedule.
• 15 yard dumpster rental: all tonnage in excess of three (3) tons
• 20 yard dumpster rental: all tonnage in excess of four (4) tons
• 30 yard dumpster rental: all tonnage in excess of five (5) tons
• 40 yard dumpster rental: all tonnage in excess of five (5) tons
After 7 days, customers will incur a $7/day charge for container rental.
Any and all charges, fees, and/or assessments incurred by Bubba Tugs relative to the denial of payment to Bubba Tugs by Customer’s credit card company, bank or any other entity used by Customer in an attempt to pay Bubba Tugs, are fully the responsibility of Customer and reimbursable to Bubba Tugs, in full, by Customer, plus Customer agrees to pay Bubba Tugs a fee of $35.00 per denial.
DRIVEWAYS AND PARKING AREAS:
Customer warrants that any right of way provided by Customer for Bubba Tugs location to the most convenient public way (street, road, etc.) is sufficient to bear the weight of all Bubba Tugs dumpster and vehicles required to perform the service contracted. Bubba Tugs 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, Bubba Tugs shall not be responsible for damage to lawns, fences or shrubbery 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, trees, septic systems or wells. Roll-Off Dumpsters and the trucks that bear them are extraordinarily heavy, especially when loaded.
CHARGES AND PAYMENTS:
Customer shall pay Bubba Tugs in accordance with established rates for the services provided. Customer shall be liable for all taxes, fees or other charges imposed upon the disposal of the Customer’s waste materials by Federal, State, local laws and regulations. Payment shall be made by Customer by credit card or, in the case of an existing and approved client, a good check within ten (10) days after the receipt of an invoice from Bubba Tugs. Bubba Tugs may impose, and Customer agrees to pay, a late fee not to exceed the maximum rate allowed by applicable law for all past due payments.
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 Bubba Tugs Dumpster Rental, 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 Dallas 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 Bubba Tugs, 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.