The client is responsible for the ongoing reconciliation of their own accounting records with the transactions and statements provided by USA Dumpster LLC. The client is advised to perform such reconciliations promptly to ensure their records are accurate. Clients should review and match their credit card statements with the invoices and information available in their client portal.
The client must bring any discrepancies or concerns to the attention of USA Dumpster LLC within 120 days from the date of the payment in question. After this 120-day period, USA Dumpster LLC assumes no responsibility for discrepancies or accounting errors and will not be obligated to make any adjustments to the client’s account. It is the client’s responsibility to ensure their financial records are correct following this period.
Collection Service Agreement Terms and Conditions
AGREEMENT – Execution of this Servicing Agreement (the “Agreement”) shall legally bind (the “Customer”) and USA Dumpster LLC, a Florida limited liability company (the “Company”) to the following conditions, provisions, and recitals as contained herein.
1. (a) SERVICE GUARANTEE. The Company guarantees our Services (as defined below). If and should the Company fail to perform the Services as Contracted for and in accordance with the agreed upon Order Form and Service Summary (the “Order Form”), and the Company does not remedy such failure within Ten (10) business days of its receipt of a written demand from the Customer, the Customer may immediately terminate this Agreement with the payment of all monies due through the termination date.
(b) SERVICE TO BE RENDERED, WASTE MATERIALS. Customer grants to Company the exclusive right, and Company through itself and its Affiliates shall furnish equipment and services, to collect and dispose of and/or recycle (the “Services”) all of Customer’s Waste Materials at Customer’s Service Address(es) listed on the agreed upon the Order Form, subject to the terms and provisions contained herein (collectively, with the Order Form, the “Agreement”). If Customer changes its Service Address(es), this Agreement shall remain valid and enforceable with respect to Services rendered at Customer’s new service location(s) if such location(s) is within Company’s service area. The customer represents and warrants that the materials to be collected under this shall be only “Waste Materials” as defined herein. Forthis Agreement, “Waste Materials” means all non-hazardous putrescible and non-putrescible solid waste and recyclable materials generated by Customer or at Customer’s Service Address. Waste Materials shall not include any hazardous or toxic waste, which include industrial waste, waste containing asbestos, septic tanks & waste, paint, cleaning solutions, biomedical waste, pesticides, solvents, automobiles, automobile parts, tires, oil, oil filters, oil containers, gas cans, propane tanks, batteries of any kind, appliances with freon (air conditioners, refrigerators, etc.), freon aerosol cans, foam aerosol cans, electronics (TV’s, computers, monitors, computer parts, radios, etc.), hazardous waste (ballasts with PCB’s, devices containing mercury, fluorescent bulbs, etc.), telephone poles, railroad ties, clothing of any kind and household garbage (food garbage), waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, biohazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations, any materials containing information protected by federal, state or local privacy and security laws or regulations, any other items or material prohibited by federal, state or local laws or regulations, or that could adversely affect the operation or useful life of the facility(ies) receiving Customer’s Waste Materials (collectively, “Excluded Materials”). If Excluded Materials are found within the Company’s Equipment, the Company, at the Company’s sole discretion, may charge the Customer a fee of $150 to $250 for the return of said Excluded Materials. Title to and liability for Excluded Materials shall always remain with Customer. Title to Customer’s Waste Materials is transferred to Company upon Company’s receipt or collection unless otherwise provided in this Agreement or applicable law.
· Household Trash: Everyday discarded items such as food scraps, paper, and nonrecyclable packaging.
· Yard Waste: Naturally biodegradable materials from your garden, like leaves, grass clippings, and branches.
· Clothes: All types of clothing, which will eventually break down over time, regardless of the material.
· Food Waste: Kitchen scraps including fruits, vegetables, and other perishable food that decomposes.
· Paper Products: Newspapers, magazines, and other paper goods that are not laminated or coated with plastic.
· Wooden Furniture: Untreated wooden items like chairs, tables, and shelves that can decompose.
We apply additional charges for the disposal of clothes and other decomposable waste because these items require specific, environmentally responsible treatment as they break down. Our dumpster service is responsible for paying fees at disposal facilities that manage the decomposition process, controlling harmful emissions and following legal requirements.
· Concrete: Pieces of concrete from demolished structures.
· Bricks: Unused or broken bricks from construction or demolition.
· Drywall: Scraps or sheets of drywall from new constructions or remodels.
· Lumber: Wood waste including offcuts, shavings, and old lumber.
· Metal: Scrap metal from construction sites, including steel, aluminum, and copper.
· Tiles: Ceramic or vinyl tiles removed during demolition or remodeling.
· Plastics: Construction plastics that are not part of the packaging, such as PVC piping.
· Insulation Materials: Fiberglass, foam, or other insulation materials removed during renovation.
· Roofing Materials: Old shingles, roofing felt, or other roofing materials that have been removed.
· Glass: Broken windows or glass from construction or demolition.
(c) SERVICE NOTIFICATION AND TIMING. The company agrees to provide Services to the Customer from the Initial Service Date as reflected on the Order Form until a period of two (2) weeks after the Initial Date. The customer agrees that it will provide no less than two (2) business days prior notice to the Company should the Customer need service from the company (dumpster delivery, exchange, termination, pickup of the Waste Materials, or relocation of any of the Company’s Equipment). The Customer consents and acknowledges that should notification to the Company be provided after 12:00 p.m. (noon) on any given day, such notification will not be deemed received until the next business day. Furthermore, the Customer consents, acknowledges, and agrees that the Company cannot guarantee additional services for the next business day. Still, the Company will use all best efforts and means to accomplish such to accommodate the Customer. The Customer understands that due to unforeseeable circumstances outside of the Company’s control, such as inclement weather, equipment failures, traffic conditions, excess demand, etc., the Company may have to reschedule the Customer’s services for the next available opening. Changes in the frequency of collection service, schedule, number, capacity, and/or type of equipment may be agreed to orally, in writing, or by the actions and practices of the parties.
2. CONTRACT TERM. The Initial Term shall be a period of two (2) weeks from the Initial Date following the execution of this Agreement (the “Initial Term”). If Customer does not terminate this Agreement or have Company pick up the Waste Materials within the two (2) week period, Customer will pay to the Company an additional fee of $15 per each additional day for the services provided by the Company.
3. TERMINATION RIGHTS. Notwithstanding the foregoing, this Agreement can be terminated prior to the end of the Initial Term as follows:
(a) by Customer (i) if Company fails to satisfy the Service Guarantee provided in Section 1(a), or (ii) pursuant to Section 4(c) if Company increases the Charges payable by Customer hereunder with a Consensual Price Increase.
(c) by Company, (i) if as a result of Customer’s breach of Section 5, Company suspends Services for more than fifteen (15) days, or (ii) if Customer fails to cure any other breach of its obligations under this Agreement within five (5) business days of its receipt of a written demand from Company to cure such breach; and (d) by Company, with at least fifteen (15) days prior written notice to the Customer, any time after Customer retains, designates, or appoints a broker or agent to act for Customer, or manage its Services, under this Agreement. In order to move containers and equipment in a safe, secure, and orderly fashion, the Company shall have up to ten (10) days to remove any equipment from the Customer’s service location(s) after the effective date of the termination of this Agreement.
4. (a) CHARGES; ADDITIONAL SERVICES; CHANGES. The initial charges, fees, and other amounts payable by Customer (“Charges”) for Services furnished by Company to Customer are set forth on the Order Form. The company also reserves the right to charge the Customer additional Charges for additional Services provided by Company to Customer, whether requested or incurred by the Customer, including, but not limited to, container relocation or removal; gate, enclosure or roll-out services; account resume or reactivation services; extra pickups or trip charges; container overages and overflows; and equipment repair and maintenance (collectively “Additional Services”), all at such standard prices or rates that Company is charging its customers in the service area at such time. Changes in the frequency of collection, collection schedule, number, capacity, and type of service provided, the terms and conditions of this Agreement, and any changes to the Charges payable under this Agreement (including any Consensual Price Increase or Negotiated Price Adjustment), may be agreed to orally, in writing or by other actions and practices of the parties, including, without limitation, electronic or online acceptance or payment of the invoice reflecting such changes, and written notice to Customer of any such changes and Customer’s failure to object to such changes, which shall be deemed to be Customer’s affirmative consent to such changes.
(b) PERMITTED PRICE INCREASES. Company reserves the right, and Customer acknowledges that it should expect Company to increase or add Charges payable by Customer hereunder during the Contract Term: (i) for any changes or modifications to, or differences between, the actual Services provided by Company to Customer and those specified on the Order Form; (ii) for any changes or difference in the composition, amount, or weight of the Waste Materials collected by Company from Customer’s service location(s) from what is specified on the Order Form (including for container overages or overflows); (iii) for any increase in or other modification made by Company to the Fuel Surcharge, Regulatory Cost Recovery Charge, Recyclable Materials Offset, Environmental Charge, and/or any other Charges included or referenced in the Order Form (which Charges are calculated and/or determined on enterprise-wide basis, including Company and all Affiliates); (iv) to cover any increases in disposal, processing, and/or transportation costs, including fuel surcharges; (v) to cover increased costs due to uncontrollable circumstances, including, without limitation, changes (occurring from and after thirty (30) days prior to the Effective Date) in local, state, federal, or foreign laws or regulations (or the enforcement, interpretation or application thereof), including the imposition of or increase in taxes, fees or surcharges, or acts of God such as floods, fires, hurricanes, and natural disasters; and (vi) for increases in the Consumer Price Index (“CPI”) for Water, Sewer, and Trash Collection Services published by U.S. Bureau of Labor Statistics, or with written notice to Customer, any other national, regional, or local CPI, with such increases in CPI being measured from the Effective Date, or as applicable, Customer’s last CPI based price increase date (“Price Increase Date”). Increases to Charges specified in this Section 4(b) may be applied singularly or cumulatively and may include an amount for the Company’s operating or profit margin. The customer acknowledges and agrees that any increased Charges under this Section 4 (including any Consensual Price Increases or Negotiated Price Adjustments) are not represented to be solely an offset or pass-through of the Company’s costs.
(c) CONSENSUAL PRICE INCREASES. Without limiting the foregoing, the Company also reserves the right to seek, and the Customer acknowledges that it should expect the Company to seek, increases in the Charges payable by the Customer hereunder for reasons not specifically permitted in Section 4(b) (a “Consensual Price Increase”). If Customer does not accept the Consensual Price Increase, Customer’s sole right and remedy shall be to terminate this Agreement by written notice to Company no later than seven (7) days after Company notifies Customer of such Consensual Price Increase. Customer’s failure to terminate this Agreement (within the 7-day period) shall be construed as Customer’s acknowledgment that the continuation of the Services by Company hereunder is good, valuable, and sufficient consideration for the Consensual Price Increase. Notwithstanding the foregoing, the parties may, but are not obligated to, agree to a different increase or adjustment to the Customer’s Charges (a “Negotiated Price Adjustment”) due to a Consensual Price Increase. Absent a Negotiated Price Adjustment, the Consensual Price Increase shall be binding and enforceable against Customer under this Agreement unless the Customer terminates this Agreement (within the 7-day period) as described above. Customer’s agreement to a Consensual Price Increase or Negotiated Price Adjustment may be evidenced pursuant to Section 4(a) and the parties agree that this Agreement with such modified Charges will continue in full force and effect.
(d) OVERFILLED/ OVER CAPACITY FEE. Customer agrees and acknowledges that they have received, reviewed, and consented to the terms of the Order Form, following this Agreement. Contained and enumerated therein is the Company Equipment (i.e., dumpster or other trash receptacle) (the “Equipment”) that the Company has agreed to use and provide at Customer’s service location(s) in order to provide the Services for the Customer. The customer is aware of the capacity limitation of the Equipment provided and has agreed not to over-fill or exceed the Equipment’s intended capacity limitations with Waste Materials. Should Customer exceed Equipment’s capacity limitations (i.e., over-fill a dumpster or other trash receptacle over the top railing), Company reserves the right to charge Customer an Additional Fee of $175.00 (“Over Capacity Fee”) to Customer. In addition to such Over Capacity Fee, in the Company’s sole and absolute discretion, should the Equipment’s capacity limitation be exceeded to such a degree that the Company cannot safely remove, relocate, or otherwise service the Equipment, the Company reserves the right to refuse to remove, relocate, or otherwise service Equipment. Should the Company make the determination that they cannot safely remove, relocate, or otherwise service Equipment, the Customer will be responsible for removing Waste Materials from the Equipment in order to reduce the amount of Waste Materials contained in the Equipment to be within the Equipment’s capacity limitations. The customer will be responsible and will solely bear the cost for the removal of any such Waste Materials in order to comply with the Equipment’s capacity limitations and allow the Company to perform its contracted-for Services in a safe and acceptable manner.
(e) OVERWEIGHT/ EXCESS WEIGHT FEE. Customer agrees and acknowledges that they have received, reviewed, and consented to the terms of the Order Form, following this Agreement. Contained and enumerated therein is the Company Equipment (i.e., dumpster or other trash receptacle) (the “Equipment”) that the Company has agreed to use and provide at Customer’s service location(s) in order to provide the Services for the Customer. Customer acknowledges that unless indicated, informed, or advised otherwise, the Equipment provided at the Customer’s service location(s) should not be filled with Waste Materials in excess of tonnage limitation as reflected and indicated on the Order Form (the “Weight Limitation”). Should the Customer deposit Waste Materials in the Equipment that exceeds this acknowledged and agreed-upon Weight Limitation, the Customer will be responsible for removing any Waste Materials from the Equipment to reduce the same below the Weight Limitation of 10 tons. The customer shall solely bear the cost for such and additionally compensate the Company with an Additional Fee of $85.00 per ton (“Overweight Fee”). Under no circumstances or conditions should Waste Materials be deposited in the Equipment in excess of 20,000 lbs. (10 tons).
5. INVOICES; PAYMENT TERMS. As a condition prior to the delivery of any of the Company’s Equipment, the Customer shall execute and deliver to the Company, a Credit Card Authorization acceptable to the Company, at the Company’s sole discretion.
6. EQUIPMENT, ACCESS. All equipment furnished by the Company in pursuit and facilitation of providing the contracted Services shall remain the property of the Company; however, Customer shall have care, custody, and control of the equipment and shall be liable for all loss or damage to the equipment and for its contents while at Customer’s service location(s). The customer agrees and acknowledges that the Service Location(s) at which the Services will be provided and the equipment and/or other property of the Company will remain during the duration of the Company providing the Services, in a safe and secure location. Customer further agrees and acknowledges that at all times during the duration of the Company providing the Services, ownership of the Company’s equipment shall at all times remain with the Company. Nothing in this Agreement shall be construed as a lease, assignment, or otherwise transfer of the equipment of the Company. The Parties understand and agree that the equipment of the Company is explicitly being provided in the facilitation of the Company providing the contracted Services. Customer shall not overload, move, or alter the Equipment or allow any party or third party, absent the Company or their agent to do so, and shall use such Equipment only for its intended purpose. At the termination of this Agreement, the Company’s equipment shall be in the condition in which it was provided, normal wear and tear excepted. The customer shall provide safe and unobstructed access to the equipment on the scheduled collection day. Company may suspend Services or terminate this Agreement in the event Customer violates any of the requirements of this provision. Customer shall pay if charged by Company, any Additional Charges, determined by Company in its sole discretion, for overloading, moving, or altering the Equipment or allowing any party or third party to do so, and for any service modifications caused by or resulting from Customer’s failure to provide access. The Customer consents agrees, and acknowledges that should the Company attempt to provide Services, but is prevented, obstructed, restricted access, or otherwise prohibited from performing such Services (i.e., turned away and/or told to leave the Customer’s service location(s)), then the Customer will be charged the greater of the cost of said Services or a one hundred fifty dollar ($150) “No Service Fee.” Customer warrants that Customer’s property is sufficient to bear the weight of Company’s Equipment and vehicles and agrees that Company shall not be responsible for any damage to Customer’s property, including pavement, subsurface, or curbing, resulting from Company’s provision of Services hereunder. Customer warrants that Customer’s right of way is sufficient to bear the weight of Company’s Equipment and vehicles.
7. INDEMNITY. Customer agrees to indemnify, defend, and save Company and its Affiliates harmless from and against any and all liability which Company and its Affiliates may suffer, incur, or pay as a result of any bodily injuries (including death), property damage, or violation of law to the extent caused by Customer’s breach of this Agreement or by any negligent act or omission or willful misconduct of Customer or its employees, agents, or contractors or Customer’s use, operation, or possession of any equipment furnished by Company. Neither party shall be liable to the other for consequential, incidental, or punitive damages arising out of the performance or breach of this Agreement.
8. MISCELLANEOUS. (a) Except for the obligation to make payments hereunder for Services already performed, neither party shall be in default for its failure to perform or delay in performance caused by events or significant threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, strikes, labor trouble, riots, imposition of laws or governmental orders, fires, acts of war or terrorism, acts of God, and the inability to obtain equipment, and the affected party shall be excused from performance during the occurrence of such events. (b) This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns. (c) The terms, conditions, and provisions of this Agreement may be amended and modified as agreed to by the parties as provided in Section 4(a). Subject to the foregoing, this Agreement represents the entire agreement between the parties and supersedes any and all other agreements for the same Services at the same Customer locations covered by this Agreement, whether written or oral, that may exist between the parties. (d) This Agreement shall be construed in accordance with the law of the state of Florida, which is the state in which the Services are provided. (e) All written notification to the Company required by this Agreement shall be effective upon receipt and delivered by Certified Mail, Return Receipt Requested, courier, or by hand to the Company’s address on the first page of the Order Form, provided that the Company may provide written notice to Customer of a different address for written notice to Company. (f) If any provision of this Agreement is declared invalid or unenforceable, then such provision shall be severed from and shall not affect the remainder of this Agreement; however, the parties shall amend this Agreement to give effect, to the maximum extent allowed, to the intent and meaning of the severed provision. (g) In the event the Company successfully enforces its rights against the Customer hereunder, the Customer shall be required to pay the Company’s attorney’s fees and court costs. (h) Notwithstanding the termination of this Agreement, Sections 6, 7, and 8 and Customer’s obligation to make payments for all Charges and other amounts due or payable hereunder through the termination date shall survive the termination of this Agreement. (i) The term “Affiliate” means with respect to any specified party, any corporation, limited liability company, partnership, or other legal entity, directly or indirectly, controlled by, controlling or under common control with such specified party, with “control” meaning, directly or indirectly, the power to direct or cause the direction of the management and policies of such legal entity, whether through the ownership of voting securities, by contract or otherwise. (j) “business day” means Monday through Friday, excluding bank holidays.
Late Payment Disclosure:
We value our relationship with our customers and understand that unforeseen circumstances may arise, affecting the ability to make timely payments. In the event that a customer does not pay their invoice, it is imperative that they communicate with our company to discuss arrangements for settling the outstanding amount.
Consequences of Non-Payment:
· Property Lien: If an invoice remains unpaid, a lien may be placed on the property associated with the service until the pending amount is settled. The customer may request a release of the lien by paying a $200 fee in addition to the outstanding balance.
· Collection Procedures: Our company may initiate collection procedures to recover the unpaid amount. This could involve contacting the customer, sending reminders, and working with collection agencies if necessary.
· Legal Action: If the outstanding amount remains unpaid and no communication or arrangement is made, our company reserves the right to pursue legal action against the individual or company responsible for the payment. This may include filing a lawsuit to recover the debt, and the customer may be held responsible for any legal fees incurred.
· Late Fees and Interest: While we currently do not charge late fees or interest on overdue payments, we reserve the right to implement such charges in the future as part of our payment terms.
Communication is Key:
We encourage open communication and are willing to discuss any issues or concerns related to payment. Addressing payment issues promptly can help avoid additional complications and maintain a positive business relationship.
Please contact our customer service team at (305) 614-2737 to discuss any payment-related concerns or to make arrangements for settling outstanding invoices.
© USA Dumpster 2023 All Rights Reserved