Agreement – This agreement legally binds (“Customer”) and MST Dumpsters (“MST”) to the conditions listed below. MST agrees to provide Customer with non-hazardous solid waste collection, transportation, disposal and recycling services. Customer agrees to pay for these services.
Service – Customer agrees to give MST one business day notice for service (delivery, exchange, termination or relocation). If a call for service is received after 12 noon, MST cannot guarantee service for the next business day. There may be times when a delay could be incurred in servicing your needs due to inclement weather, traffic conditions, equipment problems, etc. WE DO NOT GUARANTEE SPECIFIC TIMES FOR DUMPSTER DELIVERY OR PICK UP.
Blocked Dumpster – If MST attempts to deliver or pick up a dumpster and the dumpster is blocked or a gate is locked or MST is prevented from delivering or picking up a dumpster, the Customer will be charged a $150 No Service fee.
Prohibited Waste – Customer agrees not to put any hazardous or toxic waste in the dumpster. All hazardous or toxic waste in the dumpster remains the responsibility of the Customer. At MST’s discretion, MST may return the hazardous or toxic waste found in the dumpster and charge the Customer a $150 return fee. Or, MST may choose to charge Customer a disposal fee for the hazardous or toxic waste found in the dumpster as detailed below. Hazardous or toxic waste includes industrial waste, waste containing asbestos, septic tanks & waste, paint, cleaning solutions, biomedical waste, pesticides, solvents, automobile parts, tires, oil, oil filters, oil containers, gas cans, propane tanks, batteries, appliances with Freon (air conditioners, refrigerators, etc.), Freon aerosol cans, foam aerosol cans, electronics (TV’s, computers, monitors, computer parts, radios, etc), hazardous waste (ballasts with PCB’s, devices containing mercury, fluorescent bulbs, etc.), telephone poles, railroad ties, clothing, household garbage and other like items. At MST’s discretion, MST may charge Customer, and Customer agrees to pay, a disposal fee for the hazardous or toxic waste found in the dumpster. Those fees will range from $10 to $100 per item, depending on the item.
Equipment – All equipment furnished by MST shall remain the property of MST, however Customer shall have care, custody, and control of the equipment and shall bear responsibility and liability for all loss or damage to the equipment and its contents while at Customer’s location. Customer shall not move or alter the equipment and shall use the equipment only for its intended purpose. Customer shall provide unobstructed access to the equipment on the scheduled pick-up day. MST is NOT responsible for any damage to Customer’s property, Customer’s customer’s property or the property of any third parties, including, but not limited to, grass, walkways, curbing, pavement, driveways, pavers, irrigation, wells, septic or underground utilities resulting from MST’s provision of services. Customer warrants that the right of way and placement spot are sufficient to bear the weight and physical dimensions of MST’s equipment and vehicles.
Overfilled Dumpsters – Customer agrees not to over-fill the dumpster beyond the top rail of the dumpster. MST reserves the right to refuse to pick up an over-filled dumpster. If over-filled, the Customer will be responsible for removing over-filled debris. An additional charge to the Customer of a $150 No Service fee will apply.
Daily Rental – A daily rental fee of $5.00 per day will apply after the included number of days if the dumpster is not emptied & returned or removed at the Customer’s request. If the dumpster is emptied & returned, the next dumpster is considered a new rental and includes the same number of days as the first dumpster.
Indemnity – The Customer agrees to indemnify, defend, and save MST harmless from and against any and all liability which the MST may be responsible for or pay out as a result of bodily injuries (including death), property damage or any violation or alleged violation of the law to the extent caused by Customer’s breach of this Agreement or by any negligent omission or willful misconduct of the Customer or its employees, agents, or contractors in the performance of this agreement. Neither party shall be liable to the other for consequential, incidental, or punitive damages arising out of or in connection with the performance or non-performance of this agreement.
Collection – Any amounts not paid with 30 days of the date of the invoice, shall incur a $50 late fee and shall accrue interest at the highest rate allowed by law. If collection proceedings are initiated to collect any amounts owed, the prevailing party shall be entitled to collect all attorney’s fees and costs, including those incurred for any appeal. If a credit card is declined, MST Dumpsters shall charge a $50 re-processing fee.