ExWorx Site Solutions
Dumpster Rental Agreement
Terms & Conditions
General Terms & Conditions
Once your container is placed, the container is not to be moved/relocated by anyone other than ExWorx. As a customer of ExWorx, you agree to load the container so that the weight is distributed evenly, not over the weight limit, level with the side walls, free of prohibited items, and the container doors are properly secured for removal. If the container is overloaded (loaded over the sides or too heavy), we will have to deliver another container which will incur delivery and or dry run fees beginning at $125. It will be the customer’s sole responsibility to all flow the container to the legal hauling requirements. You are also responsible for any damage to the dumpster while it is on your property.
Your container will be replaced on a solid level surface. If you request us to place the container on a soft surface and we are unable to remove the container, you are responsible for payment of Daily service fee until the container can be safely removed as well as any dry run fees. ExWorx has final approval on the container placement location. If you have requested the container to be placed in any other location, X works, will not be held liable for any damages, fines, or legal actions resulting from the placement/removal of the container. ExWorx, shall not be responsible for damage to trees, low hanging wires, gutters, downspouts, eaves, landscaping, etc. in our placement or removal of the container. ExWorx shall not be responsible for any underground utilities, such as waterlines, irrigation, secondary power, septic tanks, etc. in our replacement or removal of the container.
Please be aware that if any hazardous or prohibited item is seen upon inspection and typing of the container, it will be removed and left on the premises. If items are not found until unloading and disposing, there will be a hazardous waste penalty charge to properly dispose of the prohibited material.
Prohibited materials include, but are not limited to;
Aerosol cans, all liquids (example, gasoline, motor, oil, transmission, fluid, pesticide), animals, antifreeze, appliances, asbestos of any kind, asphalt, barrels, batteries, Ash, chemical products, computers, contaminated oil, contaminated soil, empty containers, or drums, food, manufacturing waste, fluorescent tubes, fly, hazardous, waste, herbicide, and pesticides, industrial waste, led paint, lubricating, or hydraulic oil, mattresses, medical waste, microwaves, monitors, motor oil, oil, absorbent, oil, filter, filters, other flammable, liquids, oversized items, paint, paint filters, PCB ballast, petroleum, contaminated, soil, propane, tanks, radioactive, material, refractory, brick, railroad ties, sandblast, sludge, wastewater, sludge, solvent, tanks, televisions, tires.
Soil, concrete, rock and masonry products are allowed only when arranged at the time of the container order and limited to 7yd containers only.
Additional Charges and Information
- Service period will reset when the dumpster is serviced. Service includes empty and return, a swap or final pickup.
- Mattresses & Box Springs – $75 each
- Tires: PROHIBITED – MINIMUM of $100 environmental fee
- Appliances/Electronics – $75 each
- Hazardous waste environmental fee – MINIMUM $100
- Dry run, trip charge or relocate – $125 and up based on distance
- Pickups are allowed 15 minutes to hook up from time of arrival on property. If the dumpster is blocked there will either be a dry run charge of $125. If the driver is required to stay onsite until able to load the dumpster, ExWorx will bill the customer at a rate of $150 per hour starting from the time of arrival.
- Containers that exceed the haulable capacity of 4 tons will be left for the customer to off load, a dry run charge and the unit will remain on rent.
- All containers must not be loaded/filled past the height of the container walls. If the container is overfilled and cannot be covered with our tarp system, items will either be removed and left onsite or a trip charge will be applied, the unit left on rent and a return trip scheduled when the container is ready.
Payments. Customer agrees to pay Contractor for the services and/or equipment furnished by Contractor in accordance with the charges and rates provided for in the Rental Documents UPON DELIVERY. Failure of Customer or Contractor to sign an invoice or otherwise acknowledge receipt of service in writing shall not be grounds for non-payment for services provided by Contractor under the terms of this Agreement. Payment shall be made by Customer to Contractor as of the Due Date as set forth in the invoice included with this Agreement.
Breach, Suspension and Termination for Cause. If either party is in breach of this Agreement during the Term, the other party may suspend its performance hereunder until such breach has been cured or terminate this Agreement; provided, however, that no termination of this Agreement shall be effective until the complaining party has given written notice of such breach to the breaching party and the breaching party has failed to cure such breach within ten days after its receipt of such notice. Upon any such failure to cure, the complaining party may terminate this Agreement by giving the breaching party written notice of such termination, which shall become effective upon receipt of such notice.
Attorney’s Fees. If Customer defaults or otherwise breaches this Agreement, Customer shall pay, to the extent permitted by law, all of Contractor’s reasonable attorney’s fees and costs Contractor incurs to enforce its rights against Customer for cancellation of this Agreement.
Indemnification. Customer agrees to indemnify, defend and hold harmless Contractor, including its officers, directors, members, employees, agents, affiliates, subsidiaries, successors and assigns 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 of nature (collectively, “Losses”) asserted or alleged by any third-party arising from or related to: (a) Customer’s failure to obtain and/or maintain any required Permit; (b) Customer’s use or storage of Excluded Waste in the equipment; (c) loss or theft of the equipment; (d) damage and/or destruction of the equipment during the applicable rental term; (e) personal injury and/or property damage relating to Customer’s use and/or possession of the equipment; (f) physical damage to streets, roadways and/or driveways caused by the equipment; and (g) Customer’s breach of the Rental Documents.
Additional Charges and Information
- Service period will reset when the dumpster is serviced. Service includes empty and return, a swap or final pickup.
- Mattresses & Box Springs – $75 each
- Tires: PROHIBITED – MINIMUM of $100 environmental fee
- Appliances/Electronics – $75 each
- Hazardous waste environmental fee – MINIMUM $100
- Dry run, trip charge or relocate – $125 and up based on distance
- Pickups are allowed 15 minutes to hook up from time of arrival on property. If the dumpster is blocked there will either be a dry run charge of $125. If the driver is required to stay onsite until able to load the dumpster, ExWorx will bill the customer at a rate of $150 per hour starting from the time of arrival.
- Containers that exceed the haulable capacity of 4 tons will be left for the customer to off load, a dry run charge and the unit will remain on rent.
- All containers must not be loaded/filled past the height of the container walls. If the container is overfilled and cannot be covered with our tarp system, items will either be removed and left onsite or a trip charge will be applied, the unit left on rent and a return trip scheduled when the container is ready.
Payments. Customer agrees to pay Contractor for the services and/or equipment furnished by Contractor in accordance with the charges and rates provided for in the Rental Documents UPON DELIVERY. Failure of Customer or Contractor to sign an invoice or otherwise acknowledge receipt of service in writing shall not be grounds for non-payment for services provided by Contractor under the terms of this Agreement. Payment shall be made by Customer to Contractor as of the Due Date as set forth in the invoice included with this Agreement.
Breach, Suspension and Termination for Cause. If either party is in breach of this Agreement during the Term, the other party may suspend its performance hereunder until such breach has been cured or terminate this Agreement; provided, however, that no termination of this Agreement shall be effective until the complaining party has given written notice of such breach to the breaching party and the breaching party has failed to cure such breach within ten days after its receipt of such notice. Upon any such failure to cure, the complaining party may terminate this Agreement by giving the breaching party written notice of such termination, which shall become effective upon receipt of such notice.
Attorney’s Fees. If Customer defaults or otherwise breaches this Agreement, Customer shall pay, to the extent permitted by law, all of Contractor’s reasonable attorney’s fees and costs Contractor incurs to enforce its rights against Customer for cancellation of this Agreement.
Indemnification. Customer agrees to indemnify, defend and hold harmless Contractor, including its officers, directors, members, employees, agents, affiliates, subsidiaries, successors and assigns 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 of nature (collectively, “Losses”) asserted or alleged by any third-party arising from or related to: (a) Customer’s failure to obtain and/or maintain any required Permit; (b) Customer’s use or storage of Excluded Waste in the equipment; (c) loss or theft of the equipment; (d) damage and/or destruction of the equipment during the applicable rental term; (e) personal injury and/or property damage relating to Customer’s use and/or possession of the equipment; (f) physical damage to streets, roadways and/or driveways caused by the equipment; and (g) Customer’s breach of the Rental Documents.
