Summary

• Hazardous Waste: Not allowed. Includes toxic, flammable, and corrosive items. $250/hr removal fee.
• Unauthorized Disposals: Customer covers all costs and penalties for prohibited materials.
• Pricing & Duration: Fees based on rental agreement. Extra charges for extended periods.
• Dump & Returns: One load included. Extra loads cost more.
• Weight Limit: Over 1 ton incurs $50 per additional ton.
• Loading: Keep debris below the rim. Overfilled dumpsters incur extra charges.
• Placement: Customer ensures suitable location. Company not liable for property damage.
• Movement: Only the company can move the dumpster. Unauthorized moves terminate rental.
• Accessibility: Must provide clear access for delivery/pickup.

Formal Agreement

This agreement is made as of the invoice date, by and Unhitched Operations, LLC, and the customer requesting service/signing, representing the property at the service address provided. This agreement will use the words Dumpster and Dump Trailer interchangeably. Company will be used to represent Unhitched Operations, LLC, while (“Customer”) will be used to represent the signing customer requesting service. Collectively, the (“Customer”) and (“Company”) will be referred to as “Parties”.

Equipment Rental – Customer certifies that he or she is either the property owner, has power of attorney for the property owner, or is the licensed contractor/broker for the property. Customer warrants and represent that the location of the dumpster is placed safe from vandalism and damage. Customer may not sublet the dumpster for any reason. Sublet dumpsters will terminate the rental period, incur a $500 fee, and all dump fees will be billed to the Customer.

• Price and Duration – Customer agrees to rent the unit from Company according to the prices and fees set forth at the time of rental. The rental period begins the day the dumpster is dropped off, unless otherwise granted by the Company. Any additional per-day charge must be agreed upon by Company and the Customer will be invoiced accordingly.
• Additional Fees - Customers will receive a second invoice for disposal fees of white goods and other items charged by the landfill. This amount will be invoiced using the original payment method or via a secondary payment link.
• Weight Limit – Customer agrees to restrict tonnage set forth at the time of rental (1 ton). If Customer exceeds the tonnage limit, Customer hereby agrees to pay an additional $50 per ton for each ton more than the limit.
• Placement – Customer warrants and represents that any location provided by Customer for the dumpster is sufficient to bear the weight and size of the dumpster and any vehicle required to transport the dumpster. The company shall not be responsible for any damage to pavement or any other road surface material, lawns, fences, shrubbery, septic system, private well or any other form of property damage.
• Movement – The dumpster must not be moved by the customer at no point and time before, during, or after the rental. If the dumpster needs to be moved, the Customer must call Company, and a dry run fee will be assessed to respond and move. If the dumpster is moved by the Customer during the period, it’s in Customers possession, or at the service address, the rental can be terminated with no refund, all dump fees will be billed to the Customer.
• Accessibility – Customer agrees to provide unobstructed access at the service address for the dumpster on delivery and pickup day.
• Dump & Returns / Empties – The Customer agrees that the rental period includes 1 load per dumpster. If additional loads are needed, the Customer must call the Company to inquire about emptying the dumpster for an additional fee set forth by the Company at the time of the call. The Customer agrees that each rental period includes 1 ton, no matter the amount of dump and returns received.
• Loading – Debris may not extend above the top rim of the dumpster. The tarp must be able to roll completely over the top without obstruction. The end doors must be closed and secured before it can be removed. Overfilled or unprepared dumpsters will be brought into compliance at the Customers’ expense at the rate of $50 per hour with a minimum of 1 hour.
• Prohibited Items – The below items are not accepted by the Company. The Customer is responsible for removal if they are in the Dumpster upon pickup.
  1. Concrete/Bricks, Paint Cans & Lacquers, Adhesives, Batteries, Medical Infectious Waste, Hazardous Materials, Contaminated Soils, Absorbents, Sludge, Household Cleaners, Ink & Resins Oils, Fuels & Propane Tanks, Railroad Ties, Dead Animals.

Permits, Approval, and Fees - The Customer shall be responsible for obtaining all necessary permits and approvals and paying all fees that may be incurred in conjunction there with.

Indemnification - The Customer agrees to indemnify and hold harmless Company from, against, and in respect to any and all claims, losses, expenses, damages, obligations and liabilities (including costs of collection and reasonable attorney’s fees) of any kind or nature whatsoever, including any misrepresentation, breach of warranty, or non-fulfillment of any representation, warranty, covenant or agreement of or by the Customer in this Agreement. This provision shall survive the termination of this Agreement.

Entire Agreement - This Agreement contains the entire agreement between the Parties and supersedes all prior agreements and understanding, oral or written, between the Parties with respect to the subject matter hereof. No representation, inducement, promise, understanding, condition or warranty not set forth herein has been made or relied upon by either Party hereto.

Amendment - This Agreement may be modified only by an agreement in writing signed by the Parties hereto.

Governing Law - This Agreement shall be construed and enforced in accordance with the laws of the State of Kansas, without regard to the conflicts of law rules of such state.

Severability - The Customer agrees that each provision contained in this Agreement shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein. Moreover, if one or more of the provisions or parts thereof contained in this Agreement shall for any reason be held to be excessively broad as to scope, activity or subject so as to be unenforceable at all, such provision or parts or provisions shall be construed by the appropriate judicial body by limiting and reducing it or them, so as to be enforceable to the extent compatible with the then applicable law.

Waiver - A waiver of any claim, demand or right based on the breach of any provision of this Agreement shall not be construed as a waiver of any other claim, demand or right based on a subsequent breach of the same or any other provision.

Notice - Any notice required or permitted to be given under this Agreement shall be sufficient only if in writing and if sent by United States mail, certified, return receipt requested, postage prepaid, to the Parties at the addresses set forth in the first paragraph of this Agreement.

Content Regulations

• Responsibility – The Customer is fully responsible for the entire contents of the container and is the rightful owner of the container’s contents until the container is dumped and the contents accepted by the prospective disposal facility.
• Hazardous Waste and Unacceptable Material Prohibited – The Customer warrants and represents that the dumpster will not contain any hazardous materials and acknowledges that the disposal of such hazardous materials is strictly prohibited and can be subject to a $25,000 fine from the State of Kansas. For purposes of this Agreement, “hazardous materials shall mean any waste which is listed, has the characteristics of, or is otherwise identified as hazardous waste or subject waste under applicable state or federal laws or regulations, including but not limited to the Resource Conservation and Recovery Act of 1976 (42 U.S.C. et seq. and the regulations promulgated thereunder). “Unacceptable material” shall mean any non-hazardous waste which is not permitted to be processed at a facility under applicable laws or permits, source material, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 and the regulations thereunder; asbestos-containing waste; mercury-containing waste; and any waste delivered by the Customer which is not approved by Company. If the Customer has any questions about whether a particular material is considered hazardous, please contact the Company before disposing of the material in the dumpster. No hazardous waste is permitted, including poisons, flammable solids, corrosives or acids, flammable liquids, compressed gases, explosives, and oxidizers. A $250 per hour fee, with a one-hour minimum, applies for hazardous waste removal.
• Consequences of Violating Regulations - If contents that are not allowed by this contract or any Federal, State, or City agency are disposed of inside of the dumpster related to this agreement, all costs, fines, penalties, or other actions taken for said disposal, the Customer is fully responsible for any and all associated charges. Costs may include cleanup, monitoring, legal fees, penalties, and other charges associated with unauthorized disposal. Prohibited materials may be returned to the Customer at their expense.