Terms

Every Filler-Up Dumpsters customer must agree to the following terms.

1. CUSTOMER Agrees to Pay for Services in Advance.

The CUSTOMER shall pay Filler-Up Dumpsters the service charge and adjustments as set forth in this contract. The rate for the proper disposal of the contents of container is indicated on the invoice. Additional fuel charges may apply. Filler-Up Dumpsters may terminate this agreement at any time. Advance payment shall be required.

2. PICK UP SCHEDULE.

The container shall be picked up at the end of the contract period if CUSTOMER has not made prior arrangements. After the end of the contract term, an additional rental charge of $60 per day will be applied to the credit card on file. If unable to pick up container due to excessive load size, a portion of the load must be removed by CUSTOMER. If all excess debris is not removed, Filler-Up Dumpsters may dump excess on site to collect said container.

3. EXCLUSIONS:

• NO HAZARDOUS WASTE, industrial waste, chemical products, oil filters, herbicides & pesticides, radioactive material, solvents, paint, other flammable liquids, aerosol cans, propane tanks, motor oil, transmission oil/lubricating/hydraulic oil/oil filters, contaminated oils (mixed with solvents, gasoline, etc.), antifreeze, appliances, petroleum-contaminated soil, lead paint chips, tires, computers, monitors, televisions, microwaves, fluorescent tubes, railroad ties, medical waste, asbestos, animals, barrels, all liquids, flammable, toxic, and/or hazardous material, thinners, lacquers, batteries, infectious waste, contaminated soils, fuels, car batteries, food wastes, adhesives or industrial drums, or “special” waste, as defined by applicable Local, State and Federal laws or regulations.
• We cannot accept refrigerators, freezer units, nor air conditioners. Any of these items found in the container must be removed or we have the right to dump the load at the job site. If such items are hidden in the dumpster and Filler-Up Dumpsters is charged at the dump site, CUSTOMER agrees to pay ten (10) times the actual charges and fines.
• CUSTOMER is responsible for contents of container during rental period, up until the contents are accepted by the dump and for any charges associated with restricted contents.

4. CONTAINERS

All containers furnished by Filler-Up Dumpsters shall remain the property of Filler-Up Dumpsters and CUSTOMER shall not modify or use the containers for any purpose other than in connection with Filler-Up Dumpsters’ CUSTOMER shall not move, transport or otherwise relocate the container(s) while in the CUSTOMER’S possession. Upon 24 hours notice, Filler-Up Dumpsters shall relocate the container on the premises for a service charge of $75.00.

CUSTOMER accepts responsibility and liability for any loss of, or damage to the container(s) while in CUSTOMER’S possession. CUSTOMER shall provide a suitable site for the container(s) and grants Filler-Up Dumpsters the right to access the container(s) at all reasonable times.

Additional charge of $75.00 will apply if: (a) container(s) are unserviceable due to CUSTOMER’S failure to provide access and a return trip is required for pickup, or (b) driver arrives for requested pickup and customer requests dumpster not be taken (even if it is within the original rental period). Federal, state and local laws govern the transportation and gross vehicle weight of over-the-road vehicles. Construction and demolition debris may be loaded to the bottom “FILL LINE” of container.

Dirt, concrete, brick, block and asphalt materials shall be loaded in separate container only when specified by contract specific to this type of load. When loading these contents, container shall only be filled halfway up to the “FILL LINE” marked on the container. If Filler-Up Dumpsters is unable to tarp container due to overfill or if unsafe to transport, Filler-Up Dumpsters has the right to dump all or part of the load on site.

5. CUSTOMER’S RESPONSIBILITY.

Filler-Up Dumpsters shall not be liable for any claims for damage to CUSTOMER’S pavement or driveway surface resulting from the container or Filler-Up Dumpsters truck servicing the container. If CUSTOMER requests placement of container on any grass or dirt surface, Filler-Up Dumpsters is not liable for any damages to such surfaces by truck or container. CUSTOMER must assure a minimum of 15’ overhead clearance for all power, phone, cable, and other lines.

CUSTOMER releases Filler-Up Dumpsters, Owners, and Employees, and shall indemnify, defend and hold harmless Filler-Up Dumpsters, Owners, and Employees against all claims, damage to property arising out of CUSTOMER’S use, operation or possession of the container.

Filler-Up Dumpsters shall not be liable to CUSTOMER for failure to perform the services due to events beyond its control, including but not limited to strikes, riots, fires, floods, and governmental actions, changes in law, weather, traffic, or acts of God. CUSTOMER is responsible for any necessary permits and agrees to pay any fines or fees associated with obtaining permits or moving the dumpster in case a permit was not obtained and was required. Move fee is $75.00.

6. WEIGHT LIMITS.

The weight limit for dumpster is defined below, any overload will be billed at $50.00 per 1000 lbs., in any amount over the limit. Any weight over the stated limit will be billed in 1000 lbs. increments. If the load exceeds the legal limits of the container or vehicle, customer must remove that weight sufficient to bring the load into legal compliance. If customer refuses to do so, Filler-Up Dumpsters reserves the right to dump all or any portion of the load at the job site.

WEIGHT LIMITS for GENERAL TRASH and Household Debris

• 12 Yd. 4,000 lbs. $65/1000 lbs. over limit

7. ARBITRATION AND WAIVER OF JURY TRIAL

Both parties waive any right to a jury or bench trial to resolve any dispute arising out of this agreement or the use of the container and agree to resolve any dispute(s) through mediation and if unsuccessful, binding arbitration, to be presided over by a Florida Supreme Court Qualified Arbitrator, whose primary office is located in Lee County, Florida. The parties further agree that the mediation and binding arbitration shall occur in Lee County, Florida.

8. ENTIRE AGREEMENT

The parties agree that this agreement represents the complete and entire agreement between the parties. No promised or representations have been made to induce any party to enter into this agreement. Any modifications to this agreement are not effective unless in writing and signed by both parties.

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