Rental Agreement

1. Agreement

• This agreement is made as of the invoice date, by and between 360 HAULIN’ 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.

2. Service Offered

• Equipment – The Signing Customer agrees to rent a 14 foot long, 7 foot wide, & 4 foot tall dump trailer with rubber wheels from 360 HAULIN’ LLC. This is also equal to 14.52 Cubic Yards. The dumpster must not be moved by the customer at any point and time before, during, or after the rental.  If a trailer needs to be moved, the Signing Customer must call 360 HAULIN’ LLC and a dry run fee of $100 will be charged to have a truck respond and move the dumpster within the property being serviced. If the dumpster is moved at any time by the Signing Customer, during the rental period in the Signing Customers possession, or at the service address for the Signing Customer during an active rental period, the rental will be terminated, with no refund, all dump fees will be billed to the Signing Customer, and a $250 fee will be assessed.
• Price & Rental Length – WEEKDAY PRICING: $225 for a 1 day rental. $250 for a 2 day rental. $275 for a 3 day rental $300 for a 4 day rental $325 for a 5 day rental. WEEKEND PRICING: Delivery Friday & Pick-Up Monday is $325. A fee of $15 per additional day is due by signing customer for additional days added to reservation with 24 hour notice required of request unless explicitly agreed upon by 360 HAULIN’ LLC. A request for extension of reservation must be communicated to 360 HAULIN’ LLC by Signing Customer 24 hours prior to extension request and must be agreed upon by 360 HAULIN’ LLC and Signing Customer. Additional days requested are subject to inventory & availability.
• Weight Limit – The Signing Customer agrees to tonnage terms of 1 ton/2000 pounds being included in the rental rate of reservation selected and paid for by customer. If the Signing Customer exceeds the 1 ton/2000 pounds of material weight included in the original reservation pricing, the Signing Customer hereby agrees to pay an additional fee of $60 per ton, up to 3 tons in totality. For each ton after 3 tons/6000 pounds, the Signing Customer hereby agrees to pay an additional fee of $75 for each ton in excess of the limit for that dumpster. The weight limit for the dumpsters shall not exceed 4 tons at anytime. Weight over 4 tons/8000 pounds will be subject to an overweight fee and misusage of equipment fee of $150 per ton rounded to the nearest ton. Weight will be calculated once reservation is complete and the dumpster is weighed at the nearest landfill or transfer facility. All weight will be rounded up to the nearest ton. Extremely overloaded dumpsters will be determined at time of pick up by 360 HAULIN’ LLC and may be deemed immovable and will require off loading/removing of material by Signing Customer.
• Dump & Returns / Empties – The Signing Customer agrees that the rental periods includes 1 full load per dumpster reservation and does not include emptying the dumpster and returning to the property of existing reservation. If additional loads are needed, the Signing Customer must contact 360 HAULIN’ LLC to empty and return the container for an additional fee of $125 per load. 24 hour notice minimum is required to schedule the pick up and return and a date and time will be agreed upon between 360 HAULIN’ LLC & Signing Customer. The Signing Customer agrees that each rental period includes 1 ton/2000 pounds of material weight, no matter the amount of dump & returns received. After the initial 1 ton/2000 pounds of material weight allowance has been deducted the weight limit specifications will apply with the following: $60 per ton after the included 1st ton, up to the first 3 tons. The 4th ton will be at a rate of $75. Any weight after 4 tons will be rounded up to the nearest ton and be charged to Signing Customer at a fee of $150 per ton.
• Placement of Dumpster – The Signing Customer certifies that they are either the property owner, has power of attorney for the property owner, or is the licensed contractor/broker for the property. The Signing Customer may not sublet the dump trailer for any reason. Sublet dumpsters will terminate the rental period, incur a $500 fee, and all dump fees will be billed to the Signing Customer. The Signing Customer warrants and represents that any location provided by the Signing Customer for the dumpster is sufficient to bear the weight and size of the dumpster and any vehicle required to transport the dumpster. 360 HAULIN’ LLC 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. The Signing Customer warrants and represents that the location the dumpster is placed is safe from vandalism and damages. The Signing Customer agrees to notify 360 HAULIN’ LLC of any damage or vandalism at any time.
• Dumpster Accessibility – The Signing Customer agrees to provide unobstructed access to the dumpster on the day it is to be picked up. If the dumpster is inaccessible at the time of pick up, a $50 service fee and a fee of $1.00 per mile round trip will be charged to the Signing Customer for the time spent and fuel consumed due to having it unobstructed. If the dumpster is completely inaccessible and the driver is unable to make a pick up after +/- 30 minutes, the Signing Customer shall be charged for additional rental time at the rate of $250 per day in addition to the $50 service fee & a $1.00 per mile fee round trip.
• Dumpster Readiness – 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 rear barn style doors must be closed and secured before it can be removed. Overfilled or unprepared containers will be brought into compliance at the Signing Customer’s expense at the rate of $75 for the first hour, and $50 per hour thereafter with a minimum fee of $50 for labor due to excess material.

3. Content Regulations

• Responsibility – The Signing 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 Signing 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 $28,000 fine from the State of North Carolina. 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, 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 Signing Customer which is not approved by 360 Haulin’ LLC. If the Signing Customer has any questions about whether a particular material is considered hazardous, please call 360 Haulin’ LLC 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. There is a $500 per hour hazardous waste removal fee, with a 1 hour minimum.
• 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 Signing Customer is fully responsible for any and all associated charges. Costs may include but not be limited to cleanup, monitoring, legal fees, penalties, or any other charges associated with unauthorized material disposal. Materials may be returned to the Signing Customer at the Signing Customer’s expense at a rate of $50 service fee and a $1.00 per mile fee round trip.
• Unacceptable/Prohibited Material – Chemicals, Fluids, Fuel, Paint, Tires, Batteries, Pallets, Hazardous/Flammable Material, Dirt, Concrete, Rock, Large Appliances, Box Style Televisions, Propane Tanks, Gas tanks, Compressed/air tanks, Medical Waste, Animal Carcasses, asbestos.

4. Damages and liability – The Signing Customer has the opportunity to present any damage findings at the time of delivery only. By signing this contractual agreement the Signing Customer agrees to be fully obligated in reimbursement of any damage claims found at time of pick up and removal of equipment. These cost may vary from $5000 to $15,000 depending on severity of damages and cost due to loss of business. Signing Customer agrees and acknowledges full responsibility of any damages caused by 3rd party contractors hired for personal usage.

4. Permits, Approval, and Fees – The Signing Customer shall be responsible for obtaining all necessary permits and approvals and paying all fees that may be incurred in conjunction therewith.

4. Indemnification – The Signing Customer agrees to indemnify and hold harmless 360 HAULIN’ LLC 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 Signing Customer in this Agreement. This provision shall survive the termination of this Agreement.

4. 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.

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

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

4. Severability – The Signing 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.

4. 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.

4. 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.