Terms and Conditions for Dumpster Rentals

Terms and Conditions

Welcome To Austin Mini Dumpsters, LLC (AMD). By renting dumpsters from Austin Mini Dumpsters, LLC, you agree to the below terms and conditions. 

Waste Materials

"Customer” warrants that the waste material in the roll-off container dropped and subsequently picked up by Austin Mini Dumpsters, LLC will not contain hazardous, toxic, radioactive wastes, *unacceptable material/s (including wet concrete and adherent substances: wet glue, wet paint, wet concrete, wet plaster, hot tar or any other “sticky” substance that would require mechanical removal) or other prohibited substances as defined by applicable Federal, State, local laws or regulations. AMD shall acquire title to the waste materials when loaded into AMD vehicles or roll-off dumpsters provided or delivered to any Grime Time transfer facility. *Any materials not acceptable, including those banned by Federal, State and local laws/regulations WILL BE LEFT AT CUSTOMER’S LOCATION AT CUSTOMER’S EXPENSE.
Customer agrees to indemnify, defend and hold harmless AMD against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property or to the environment arising out of breach of the warrant stated above. If unacceptable materials are discovered at the dumping site and AMD is subsequently fined for these materials, the customer agrees to pay the fine plus a 10% handling charge. **If a clean-out is necessary to return the container to normal service, the customer agrees to pay the third-party clean out fee plus a 10% handling charge.

Customer Responsibility

Customer is responsible for all loss or damage (including theft) to the dumpster provided except for normal wear and tear. Fork-lifts, backhoes and other heavy equipment used in the loading of roll-off dumpsters are the leading cause of damage. The only exception to Customer’s responsibility in this regard is damage resulting from AMD's handling of the dumpster when providing its service during drop-off and pick-up.

Customer shall not overload or move the dumpster or make any alterations or improvements to the dumpster and shall use the dumpster only for the proper purposes for which it is intended.
Customer shall be liable for any overweight fines or charges caused by an overload condition. Customer agrees to indemnify, defend and hold harmless AMD against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property arising out of Customer’s use, operation or possession of the dumpster. As in the case of renting an automobile, once the dumpster is in the customer’s possession, it is the customer’s responsibility. On collection day, Customer shall provide unobstructed access to the dumpster. If, on the day of scheduled collection, the dumpster is inaccessible, Customer will be notified and charged a one-time $110 trip-fee for the missed attempt at collection.

Limitation On Liability Disclaimer Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO DAMAGE TO CUSTOMER’S PROPERTY, PAVEMENT, CURBING DRIVEWAYS, WALKWAYS, LANDSCAPING AND/OR LAWN WHICH IS RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER’S PREMISES EVEN IF COMPANY HAS BEEN ADVISED OF, KNOWS OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE EQUIPMENT IS PROVIDED ON AN “AS IS” BASIS AND COMPANY MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE MERCHANT ABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET ANY REQUIREMENTS. AMD's TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO, AT THE COMPANY’S OPTION, REPLACEMENT OR CORRECTION OF ANY SERVICES NOT IN CONFORMANCE WITH THIS AGREEMENT OR TO THE REPAYMENT OF THE PORTION OF COMPENSATION PAID BY CUSTOMER ATTRIBUTABLE TO THE NONCOMFORMING SERVICES. AMD WILL NOT BE LIABLE FOR ANY OTHER DAMAGES, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, AND IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE COMPENSATION FOR THE NONCOMFORMING SERVICES. CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST COMPANY RELATING TO OR ARISING FROM CUSTOMER’S RENTAL OF THE EQUIPMENT AND/OR COMPANY’S PERFORMANCE UNDER THIS AGREEMENT

Overloading

Customer agrees to load their dumpster level and even with the sides, with no material sticking up above the load, to provide for tarping the dumpster in conformance with State mandated load coverage regulations, or Customer will be responsible for any violations or fines received as a result of an overloaded dumpster. Any additional charges due to excess tonnage in the roll-off dumpster will be automatically charged to Customer’s credit card. Customer shall pay AMD for all excess tonnage in roll-off dumpster at a certain rate, in accordance with the following schedule.

10 yard dumpster rental: all tonnage in excess of two (2) tons (4000lbs)- $75 additonal charge for overage
20 yard dumpster rental: all tonnage in excess of four (3) tons (6000lbs)- $75 additional charge for overage

Driveways and Parking Areas

Customer warrants that any right of way provided by Customer for AMD location to the most convenient public way (street, road, etc.) is sufficient to bear the weight of all AMD dumpster and vehicles required to perform the service contracted. AMD shall not be responsible for damage to any private pavement or accompanying sub-surface or any route necessary to perform the services contracted. In addition, AMD shall not be responsible for damage to lawns, fences or shrubbery in accordance with an agreed upon drop spot. In designating a drop-spot, Customer assumes all liabilities for damage to pavement or road surface, sidewalks, lawns, fences, shrubbery, trees, septic systems or wells. Roll-Off Dumpsters and the trucks that bear them are extraordinarily heavy, especially when loaded.

Charges and Payments

Customer shall pay AMD in accordance with established rates for the services provided. Customer shall be liable for all taxes, fees or other charges imposed upon the disposal of the Customer’s waste materials by Federal, State, local laws and regulations. Payment shall be made by Customer by credit card or, in the case of an existing and approved client, a good check within ten (7) days after the receipt of an invoice from AMD. AMD may impose, and Customer agrees to pay, a late fee not to exceed the maximum rate allowed by applicable law for all past due payments.

After 10 days, customers will incur a $10/day charge for container rental. This extra charge applies to all rentals unless you have arranged another long term contract or agreement with AMD.

Any and all charges, fees, and/or assessments incurred by AMD relative to the denial of payment to AMD by Customer’s credit card company, bank or any other entity used by Customer in an attempt to pay AMD,  are fully the responsibility of Customer and reimbursable to AMD, in full, by Customer.

Mediation/Arbitration

In the event of a breach of this agreement by either party, the breaching party shall pay all reasonable attorney fees, collection fees and costs of the other party incident to any action brought to enforce this agreement. Customers agree to submit any dispute arising under this Agreement first to mediation, then if it is not resolved, to Arbitration. The selection of a mediator shall be by agreement between the Customer and Austin Mini Dumpsters, but in the absence of an agreement the mediator shall be any retired judge, having served at least 10 years on a State District Court bench, in Travis County Texas. The selection of an Arbitrator shall also be by agreement, should mediation fail. If an arbitrator cannot be selected by agreement between the Customer and Austin Mini Dumpsters, each party will select an Arbitrator and the two Arbitrators so selected will select a third Arbitrator. The Customer agrees to pay all costs of Arbitration including the Arbitration fees of the Arbitrators.

Servability of Provisions

In the event that any portion of this agreement is deemed unenforceable, all other provisions of this Note shall remain in full force and effect.

Purpose of Law Provisions

This Dumpster Rental Agreement shall be interpreted under the laws of the State of Texas.

Effective as of April 01, 2024