1. PERIOD OF AGREEMENT:
This Contract will commence at the time the first order is placed, subject to acceptance by us. This contract may cover multiple rentals at multiple locations, and is valid anytime Customer or Customer Representative places an order from the date of contract hereafter. This contract will terminate on the day the final dumpster is received back by our facility in Las Vegas, Nevada, or other location as we may specify (“Contract Term”). The rental period for each dumpster will commence on the day that the dumpster is delivered by us to Customer and will end when we pick up the dumpster for emptying (“Rental Period”). All rentals rates are based upon a Rental Period not to exceed fifteen (15) calendar days for Residential sites, and not to exceed thirty (30) calendar days for Commercial sites. For a Rental Period exceeding these terms, please contact Western Elite by phone to make arrangements. Additional rental fees shall apply to extended rental periods. Customer may call Western Elite to schedule early pick up.
2. DELIVERY TERMS:
We will make reasonable efforts to deliver a dumpster on the date and time requested in the order. Western Elite is not responsible for delays in performance of delivery or pickup of the dumpster. We request at least one (1) day’s notice if you must cancel or postpone the service. Absent such notice, you will be charged a $75 fee to compensate Western Elite for the cost of moving the dumpster to and from your site. A Customer who does not have an open credit account is required to pay the full rental fees before or upon delivery. Western Elite is not responsible for delivery of the dumpster unless payment is made in full. When an order is placed, and once Western Elite is on-site and attempts to complete the service and is unable to do so for any reason outside of our control, you will be charged a $75 fee for Services Not Rendered (SNR). Please make sure any HOA is aware of our arrival, private gates are unlocked, and vehicles are not blocking our access.
The stated rental rate is for delivery within the Las Vegas Valley area. Deliveries outside of this area will be made at an additional cost of $90 per hour.
The rental fee includes the cost of hauling away the dumpster and its contents of Allowable Waste at the end of the Rental Period. An additional relocation fee of $100 is charged anytime Western Elite is required to move the dumpster to another site or another location at the same site during a single Rental Period.
3. ALLOWABLE WASTE:
Only Allowable Waste may be placed in the dumpster-call us if you are unsure. For purposes of this Contract, “Allowable Waste” shall mean non-hazardous solid waste resulting from the construction, remodeling, repair, and demolition of utilities and structures, and uncontaminated solid waste resulting from land clearing (collectively, such activities are referred to as “Construction and Demolition”). Without limitation, such waste includes wood (including painted, treated, and coated wood and wood products), land clearing debris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roofing coverings, glass, plastics that are not sealed in a manner that conceals other waste, empty buckets ten (10) gallons or less in size and having no more than (1) inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, pip and metals, corrugated container board, carpeting, furniture, and tires, that are incidental to Construction and Demolition (“C&D Debris”). Customer is fully responsible for the entire contents of the container and is the rightful owner of the contents of the container until the contents are disposed of and accepted without protest by the respective disposal facility.
4. PROHIBITED WASTE:
Unauthorized or prohibited wastes (“Prohibited Waste”) includes any waste that is not Allowable Waste, including but not limited to: municipal solid waste (“MSW”), hazardous waste, regulated medical waste, PCB wastes, asbestos, liquid wastes, drums, containers greater than ten (10) gallons in size, any containers having one (1) or more inch of residue remaining on the bottom, or fuel tanks. Prohibited Waste also includes solid waste that is not allowable C&D Debris (even if resulting from Construction and Demolition) including, but not limited to asbestos waste, garbage, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, fluorescent light bulbs or tubes, or appliances.
5. EQUIPMENT SPECIFICATION AND SAFE USE:
Western Elite will deliver a light duty dumpster with an approximate capacity of 8, 15, 30 or 40 cubic yards. Allowable Waste (“Debris”) may be loaded to the top rail of the dumpster. Debris may NOT be loaded above the top rail. Heavy materials such as concrete, dirt, brick, rock, sand, asphalt and sod shall only be loaded into an 8 cy lowboy dumpster, and shall not fill the dumpster higher than the top rail. Heavy materials shall not be loaded into a 15 cy, 30 cy or 40 cy dumpster. Waste must also be loaded evenly so that the distribution of weight is centered in the dumpster.
Safety is our main concern when loading and hauling dumpsters. You are responsible for proper loading of the dumpster. Overloaded, improperly loaded and/or overflowing dumpsters are dangerous. An overweight dumpster or a dumpster loaded beyond the top rail can cause a dangerous weight imbalance during transport that may result in an accident or a traffic violation. Customer is responsible for overweight or incorrectly loaded dumpster, and will be asked to remove excess debris that causes the dumpster to be overloaded or overweight.
If the dumpster is too heavy to pick up, not evenly distributed, overfilled with debris above the top of the dumpster, or the driver has safety concerns about picking up the dumpster the customer will be charged $75.00 for the failed pick up. Western Elite will notify you of the problem, which must be corrected before the next pick-up attempt is made. If Western Elite does pick up a dumpster weighing more than 8 tons (16,000 pounds), you will be charged $60/ton for each ton above the 8-ton limit. If Western Elite picks up an overloaded dumpster, you will be charged an overloaded fee of $100.00.
6. DAMAGE TO OR LOSS OF DUMPSTER DURING THE RENTAL PERIOD:
Customer must notify Western Elite if the dumpster is damaged during the Rental Term. Rent will continue without discount and will not terminate until the day that it is received back at Western Elite’s site unless it is determined by Western Elite that the dumpster was delivered in such damaged condition. Customer is responsible for any cost of repair for the damaged dumpster, or the full purchase cost of equivalent new equipment in the event a dumpster is stolen or damaged beyond repair, in our sole determination, during the Rental Period.
7. DAMAGE TO PROPERTY OTHER THAN DUMPSTER:
Western Elite shall not be liable for damage to any concrete, asphalt, grass or other surface, or water lines or other subsurface systems, whether arising during the Rental Period or thereafter. Nor shall Western Elite be liable for damage or injury to any structure, equipment, vehicle or other item during delivery, pick up or the Rental Period, except to the extent caused by the negligence of Western Elite or its employees.
Dumpsters are heavy even without overloading and may cause damage to the surface on which they rest and underground lines and systems. You are responsible for determining suitable placement of the dumpster to minimize exposure to such damage and damage during delivery or pick-up of the dumpster by Western Elite. Overloading of a dumpster can also cause damage to the container and to the equipment hauling the container.
8. CARE OF EQUIPMENT:
Customer agrees to provide proper care of dumpster and to return the dumpster in good working condition at the end of the Rental Period. Customer shall not perform any modifications, alterations, or changes to the dumpster without prior written consent of Western Elite. Any unauthorized modifications will be removed and equipment will be corrected to original status, at Customer expense. Customer shall comply with all laws, regulations, and ordinances, existing and as amended, relating to the operation and use of the dumpster and disposal of waste materials therein (“Applicable Laws”). Western Elite may terminate this agreement at any time for reasons of misuse or neglect of the equipment, violation of any Applicable Laws, or breach of this Contract by Customer.
Customer agrees to defend, indemnify and hold Western Elite, its officers, directors, employees, contractors and agents (“Indemnified Parties”) harmless from and against any claim for damages or injury to person or property; any and all claims, damages or losses claimed by any third party arising out of or resulting from the failure to comply with the provisions of this Contract; and/or the use or misuse of the rented dumpster or violation of Applicable Laws, by Customer or Customer’s employees, contractors or agents except to the extent that such claims, damages or losses are attributable to the negligence, misconduct or omission of Indemnified Parties.
It is expressly understood and agreed that this is a Dumpster Rental Contract only, and that nothing contained in this agreement shall be construed as conveying to the Customer any right, title or interest in the equipment, other than as a rental. Should the Customer fail to return the dumpster or to make it available for pick-up at the end of the Rental Period and at a reasonable time during Western Elite’s regular business hours, Western Elite may without notice or court order, enter upon the Customer’s premises or such other location as the dumpster may be to retake possession and remove the dumpster. All costs incurred by Western Elite in such removal shall be at the Customer's expense. The Customer hereby waives any claim for damages arising from any such entry, taking, or removal.
11. OTHER CONTRACT STIPULATIONS:
- This Contract and the rights and obligations of the parties hereunder shall be governed by and construed under the laws of the State of Nevada. In any legal proceeding arising out of or related to this Contract, the prevailing party shall be entitled to reasonable attorneys’ fees and out-of-pocket costs, in addition to any other relief to which such party may be entitled.
- Any controversy, claim, counterclaim or dispute arising out of or relating to this Agreement, or the breach thereof, unless otherwise settled, shall be decided by binding arbitration pursuant to NRS 38.206 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- This Contract constitutes the full and complete understanding and agreement of the parties with respect to the subject matter hereof.
- By placing an order with Western Elite, Customer shall be obligated to pay all sums assessed hereunder. Payments not made when due shall accrue interest at the legal rate of interest, which at this time is 18% per annum.