Customer Terms & Conditions

These Terms and Conditions (these “Terms”) are by and between Local Dumpster Rental L.L.C. d.b.a LDR Site Services, a Georgia limited liability company (“LDR”) and the customer (“Customer”) identified in the applicable order form, work order, or other document affirming a mutual agreement (each, an “Order Confirmation”), pursuant to which LDR, and its employees, agents, or contractors, will provide for certain waste hauling, dumpster rental, portable toilet rental, storge containers rental, scissor lift rental, temporary fencing, and/or material handling services (collectively, the “Services”) for Customer. These Terms, along with the applicable Order Confirmation (collectively, this “Agreement”), shall constitute the full and complete agreement between LDR and Customer.  References to “LDR” in this Agreement include LDR’s agents and contractors. 

 

• SUBMISSION OF SERVICE ORDERS. Requests for service (“Service Orders”) may be submitted to LDR via telephone, email or LDR’s website: LDRsiteservices.com, or such other means as the parties mutually agree.  Service Orders are not effective and binding until acceptance is conveyed in writing by LDR (an “Order Confirmation”).  Any terms submitted by Customer in addition to or different from these Terms or the terms in the applicable Order Confirmation are rejected and void unless specifically agreed to in writing by LDR.  Except where otherwise specified in these Terms or in an Order Confirmation, these Terms apply to commercial and residential Customers.

 

• EQUIPMENT, ACCESS.

 

• The Order Confirmation will identify the containers and other equipment provided for Customer by LDR (“Equipment”) in connection with the Services. Unless otherwise specified herein or in the Order Confirmation, Equipment is provided on an “AS-IS” basis.  Customer agrees to inspect Equipment upon delivery and to notify LDR in writing of any defects prior to use.  LDR will use commercially reasonable efforts to ensure timely delivery and pickup of Equipment.

 

• Customer shall designate a location for placement of the Equipment in the Order Confirmation (the “Service Location”). Customer authorizes LDR to access the Service Location, and Customer warrants to LDR that it owns the Service Location or has express authorization to place the Equipment at the Service Location.  Customer warrants that the Service Location and the right of way to access it are of a firm and stable surface that can accommodate the weight of the Equipment, and the vehicles used to transport it.  Customer acknowledges and warrants that LDR shall not be responsible for any damage to Customer’s property and/or the Service Location, including pavement, subsurface, or curbing, resulting from LDR’s provision of Services hereunder.  Customer waives any and all claims and losses against LDR relating to or arising from Customer’s use of the Equipment or from damage or inability to safely provide the Services due to the Service Location lacking adequate size, structural strength, or clearance.

 

• After delivery of the Equipment to the Service Location, Customer shall not move, transport, or attempt to move or transport (either directly or indirectly) the Equipment from the Service Location without prior notice to and consent from LDR, which may be withheld in LDR’s sole discretion. Subject to the foregoing sentence, Customer shall have care, custody, and control of Equipment placed at the Service Location for use in connection with Services.  Customer acknowledges it has no rights to the Equipment except as provided in this Agreement, and Customer acknowledges that LDR may enter upon the Service Location to place, access, relocate, or remove the Equipment pursuant to the terms of this Agreement.  Customer shall provide unobstructed access to the Equipment on scheduled collection days.  Customer shall be solely responsible for any fees, penalties, fines, assessments, charges, costs, and expenses incurred in connection with the placement, relocation, removal, and/or use of the Equipment.  Customer agrees to pay any additional fees charged by LDR for any service modifications caused by or resulting from Customer’s failure to provide access to the Service Location or the Equipment. 

 

• Customer agrees that all Equipment furnished under this Agreement must be returned by Customer to LDR in the same condition as it was when delivered, subject only to normal wear and tear. Other than ordinary wear and tear, damage or loss to Equipment while it is at Customer’s Service Location, shall be charged to Customer at full replacement value, plus administrative and handling charges. 

 

• PAYMENT FOR SERVICES. Customer will pay for the Services at the rate and amount stated in the Order Confirmation.  For credit card customers, the card on file will be charged for any rental or additional fees. For invoice customers, payment is due on the date specified in the invoice.  If payment is not received by the specified due date, a late fee will be charged and the past due balance shall accrue interest at a rate of one and a half percent (1.5%) per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid.  Customer will be liable for all reasonable costs and expenses, including but not limited to attorney’s fees, court costs, and collection agency fees, incurred by LDR in connection with the collection of any past due amounts. Any such interest, costs, and fees shall be in addition to, and not in lieu of, any other remedies available to LDR under applicable law.

 

Customer hereby expressly authorizes LDR to retain Customer’s credit card information and charge Customer’s credit card for service fees and all other fees and charges to which LDR is entitled hereunder. Customer acknowledges and agrees that this credit card authorization shall remain valid and in full force and effect during the term of this Agreement and for a period of time not to exceed 120 days after the Agreement is terminated.  If, at any time during the term of this Agreement, LDR’s authorization to charge Customer’s credit card is revoked and/or cancelled by Customer or any third party, then LDR, within its sole discretion, may immediately terminate this Agreement, recover the Equipment, and cease providing the Services without notice or liability to Customer, and without prejudice to or waiver of any of LDR’s remedies against Customer.

 

• TAXES. Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer under this Agreement.

 

• TERM. Unless otherwise specified in the Order Confirmation, the term of this Agreement shall be for a period commencing on the date Customer first submits a Service Order (or, if earlier, the date LDR first provides Services to Customer), and ending on the date that is two (2) years after LDR receives payment of all amounts owed hereunder with respect to such Order Confirmation.

 

 

• TERMINATION. Notwithstanding Section 5 above:

 

• An Order Confirmation can be cancelled by Customer no later than 1 business day before the delivery date for the Equipment that is stated on the Order Confirmation. Cancellation will not be effective unless acknowledged in writing by LDR.  Any Order Confirmation that is not canceled under these terms will be deemed accepted by Customer and may not be cancelled by Customer except upon the written consent of LDR, which may be withheld in LDR’s sole discretion, and upon Customer’s payment of a cancellation fee, if required by LDR.

 

• In addition to any remedies that may be provided under this Agreement, LDR may terminate this Agreement or any Order Confirmation with immediate effect upon written notice to Customer, if Customer:

 

• fails to pay any amount when due under this Agreement and such failure continues for 15 days after Customer’s receipt of written notice of nonpayment;

 

• has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part; or

 

• becomes insolvent, files a petition for bankruptcy, or commences or has commenced against Customer proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.

 

• EFFECTS OF TERMINATION.

 

• In the event LDR terminates this Agreement or any Order Confirmation pursuant to Sections 2 or 6.2 above, LDR may without notice or liability to Customer and without prejudice to or waiver of any of LDR’s remedies against Customer (a) cease providing the Services and (b) recover the Equipment on any day of the week that is convenient for LDR.

 

 

• ADVERTISING RIGHTS. Customer grants to LDR the right to use Customer’s name and trademarks or servicemarks in advertising, financial, public relations materials and to identify Customer as a customer of LDR.  Except as provided in this section, neither party shall use the other party’s marks, codes, drawings or specifications without the prior written permission of the other party.

 

 

• COMPLIANCE WITH LAW.

 

• Customer acknowledges and warrants that Customer is exclusively responsible for obtaining and maintaining all permits, licenses, certifications, or other forms of approval required by applicable federal, state, and local law relating to the possession, placement, storage, transportation, and use of the equipment furnished by LDR.

 

• Customer is exclusively responsible for complying with applicable federal, state, and local law relating to the deposit or storage of prohibited materials in the Equipment. Customer shall only use the Equipment for its proper and intended purpose, and Customer acknowledges and warrants that the Services do not include the deposit, storage, or removal of materials prohibited by law, including but not limited to waste characterized as dangerous by the United States Environmental Protection Agency or any state agency per the Resource Conservation and Recovery Act of 1976.  

 

• Customer is exclusively responsible for complying with all weight and volume restrictions applicable to the Equipment (a) as set forth in the Order Confirmation, (b) as set by federal, state, and local law, and (c) as designated on the Equipment itself. Customer’s responsibility includes, but is not limited to, covering or tarping the Equipment to prevent the accumulation of rain, water, snow, ice, or debris in the Equipment.  Customer acknowledges that LDR incurs charges and expenses in connection with the transport of loaded Equipment to landfills and transfer stations, and that such charges and expenses are based upon the weight of the Equipment.  Customer shall be responsible for any charges, expenses, penalties, fines, or damages charged to LDR by a landfill, transfer station or other third party, whether private or public, due to non-compliance with weight restrictions.

 

• LDR reserves the right (a) to remove (e.g. dump) prohibited materials from the Equipment, (b) to remove any materials from the Equipment when LDR determines, in its sole discretion, that the Equipment is overloaded, by either weight or volume, or otherwise loaded in a manner that is not in compliance with applicable law, or (c) to reject transportation of the Equipment until loaded properly by Customer. Customer is solely and exclusively liable for any and all fees, fines, property damage, cleaning costs, and other costs associated with such removal of materials or for service modifications caused by Customer’s improper loading of the Equipment.

 

• DISCLAIMER OF WARRANTIES. LDR MAKES NO WARRANTIES TO CUSTOMER WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

• INDEMNIFICATION. Customer shall indemnify, defend, and hold harmless LDR, its parent company, its subsidiaries, affiliates, successors or assigns, and their respective members, shareholders, directors, officers, employees, agents, and representatives (each, an “Indemnitee”) from and against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, to the extent caused by Customer’s breach of this Agreement, or by any negligent act or omission or willful misconduct or violation of law by the Customer or its employees, agents, or contractors in the performance of this Agreement or the use, operation, storage, theft or possession of any Equipment furnished by LDR.  Customer shall not enter into any settlement without LDR’s or Indemnitee’s prior written consent.

 

IN NO EVENT WILL LDR BE LIABLE TO CUSTOMER FOR ANY PUNITIVE DAMAGES, SPECIAL DAMAGES, OPPORTUNITY COSTS OR LOST PROFITS ARISING FROM THIS AGREEMENT OR ANY ORDER CONFIRMATION.

 

• WAIVER. No waiver by LDR of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by an authorized representative of LDR.  No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof.  No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

 

• GOVERNING LAW AND VENUE; ARBITRATION. This Agreement and any dispute, claim or controversy arising from or in connection with the Services or Customer’s possession and use of the Equipment shall be governed by and interpreted in accordance with the laws of the State of Georgia, without reference to its conflict of laws principles.  Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach thereof, shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules as modified by this Agreement. The arbitration shall be held before one neutral arbitrator. The arbitration and proceedings shall be confidential. The place of arbitration shall be within the metropolitan areas of Atlanta, Georgia. The arbitrator will issue a detailed written decision and award that shall set forth the legal principles of the opinion, shall decide all issues submitted, and shall be final and binding upon the Parties. Judgment on the arbitral award may be entered in any court of competent jurisdiction.  The prevailing Party shall be reimbursed by the other Party for its attorney’s fees, costs, and associated expenses.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to the transactions contemplated by this Agreement.

This Section shall not preclude LDR from seeking injunctive or other equitable relief in an appropriate court of competent jurisdiction to enforce its ownership rights to its equipment.

 

• FORCE MAJEURE. LDR shall not be liable or responsible to Customer, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond LDR’s reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, pandemic, epidemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages, or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events.  LDR will use commercially reasonable efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.  LDR will resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

 

• MISCELLANEOUS. Customer may not assign or transfer its rights or obligations under this Agreement without LDR’s prior written consent, except to a person or entity who acquires all or substantially all of the assets or business of Customer, whether by sale, merger or otherwise.  Any attempted assignment or transfer in violation of this provision shall be void and without effect. No approval shall be required from the Customer in order for LDR to assign this Agreement or any Order Confirmation or the performance of the Services. This Agreement will bind and inure to the benefit of the Parties and their respective successors and permitted assigns.

The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.

If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

This Agreement may only be amended or modified in a writing that specifically states that it amends this Agreement and is signed by an authorized representative of Customer and the Chief Executive Officer or Chief Financial Officer of LDR.  LDR may, however periodically update this Agreement and any update shall become effective upon the Customer’s acceptance of an Order Confirmation or Services or the delivery of Equipment that occurs after the effective date of the update.