Terms & Conditions
Central Florida's Leading Dumpster Rental & Delivery Service
TERMS AND CONDITIONS:
• (1) Term – The term of this lease is 24 hours or (3) days (depending on the purchase) for all accounts and will commence on the date of delivery of the container. The term ends upon the expiration of the number of days in the initial term following delivery or upon pickup and dumping of the container.
• (2) Rent – Lessee shall make the rent payments agreed upon on the signature page of the Contract prior to or at delivery of the container. All additional charges due to over tonnage, trim charges, dry run fees, etc. will be assessed and due at pickup or expiration of the initial term, whichever comes first. All accounts are required to have a valid credit card on file, including credit card number, expiration date, CCV and billing address. If prior arrangements are not made for payment, this card will be billed for any additional fees not included in the base rental that was paid prior to delivery, at pickup.
• (3) Rental Information – Lessee certifies that the information given on the first pages of the Contract are representative of the materials being disposed and any misrepresentation shall constitute as a default of the Lease and subject to additional fees.
• (4) Indemnity – Lessee shall indemnify and hold harmless Lessor from any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable attorney’s fees arising out of or in connection with or resulting from the property subject to this Lease, including, but not limited to the manufacture, selection, delivery, use, operation or return of such property.
• (5) Loss or Damage – Lessee assumes and shall bear the entire risk of loss, theft, destruction or damage to any part of the container (“loss or damage”) from any cause whatsoever, whether or not covered by insurance and no such loss shall release Lessee from its obligation under this agreement in the event of loss or damage unless Lessee purchases Fire Damage Insurance from Lessor prior to dumpster being dropped off. If Fire Damage Insurance provided by Willis Dumpster & Storage Container Rentals is not purchased by Lessee, at the sole option of the Lessor shall (a) At the Lessee’s expense, repair the unit to the satisfaction of the Lessor; or (b) At Lessee’s expense, to the satisfaction of the Lessor, replace the unit with a similar or like equipment of comparable value, in good condition and repair.
• (6) Assignability – Without Lessor’s prior written consent, Lessee shall not assign, transfer, sublet, or otherwise dispose of this Lease, the equipment or any interest therein.
• (7) Location and Maintenance – At Lessee’s own risk, Lessee shall use or permit the use of equipment solely at the location specified in this Lease, or if none is specified, at Lessee’s billing address and equipment may not be moved without Lessor’s prior written consent. Lessee shall not use the equipment unlawfully, or alter the container without prior written consent. Lessee shall keep the container properly maintained in good working order and condition equal to that of container at delivery.
• (8) Personal Property – The container is, and shall remain at all times, the property of Willis Dumpster & Storage Container Rentals and the Lessee shall have no rights, title or interest. All additions or improvements to the container shall become component parts of the equipment and shall immediately be vested to the Lessor and shall be subject to the terms and conditions of this agreement.
• (9) Default and Remedies
(A) Lessee shall be in default under this lease if (a) Lessee fails to pay for any rental fees, over tonnage fees, or any other fees set forth in this agreement; (b) Fails to perform or observe according to the terms and covenants contained in this agreement or any other document executed in connection with the Lease; or (c) Commits any act or fails to commit any act that results in jeopardizing the Lessor’s rights or property.
(B) If Lessee falls into default under this Lease, Lessor shall have the right to do any of the following, with or without prior notice to the Lessee: (a) elect that the entire account balance be due immediately; (b) Terminate the business relationship; (c) Enter the Lessee’s property with or without a court order or other process of law to repossess and remove the dumpster and or storage container. Any such repossession shall not constitute a termination of this agreement unless the Lessor notifies the Lessee in writing. Lessee will immediately be responsible for any fees associated with the pickup of container, dump fees, repairs to container and additional charges as outlined in the “Possible Additional Fees” section of this agreement.
• (10) Service Charges and/or Interest – All balances are considered “Due Upon Receipt”.
• (11) Tax Consequences – Lessor assumes no liability and makes no representation as to the treatment of this agreement by any federal, state or local taxation authority.
• (12) Arbitration – Any claim arising out of or relating to this agreement shall be settled in accordance with the rules of the American Arbitration Association, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. Arbitration shall be held in the City of Orlando, County of Orange, Florida and any questions of the law shall be decided in accordance with the laws of the State of Florida.
• (13) Damages – Willis Dumpster & Storage Container Rentals will not be held responsible for any damages to the property or infrastructure during the delivery or pickup of the container (i.e. grass, concrete, pavers, asphalt, parking lots, water meters, septic tanks, or other unforeseen conditions etc.). This extends to all areas required to access the dumpster, including neighboring property. If you have questions regarding your job site please visit www.sunshine811.com or call (800) 432-4770.
• (14) Placement – Willis Dumpster & Storage Container Rental’s equipment is not to be moved or relocated in any manner by the customer. Only an employee of Willis Dumpster & Storage Container Rentals may move the container.
Useful Information Regarding Your Rental:
NO HAZARDOUS MATERIALS …IF YOUR LOAD IS REJECTED FOR CONTAINING NON APPROVED ITEMS, YOU WILL BE RESPONSIBLE FOR TWO DRY RUN CHARGES, (one for bringing the load back to your original drop off location for you to remove hazardous material and a second for us to then take it back to the landfill/ transfer station), PLUS REMOVING THE HAZARDOUS MATERIALS.
Definition of Hazardous Materials: Any material that is hazardous can eventually become a hazardous waste when discarded improperly. Hazardous materials pose a risk to people or to the environment. Proper and wise disposal of household hazardous materials is imperative.
Classification of Hazardous Materials: There are four major classifications of hazardous materials.
Corrosive: Corrosive means “capable of dissolving or wearing away gradually, especially by chemical action.” Corrosive hazardous materials are those that, in the wrong container, eat through the container. A simple example is putting paint thinner in a plastic cup–the cup dissolves right before your eyes! Most items that are corrosive to containers are potentially dangerous to the skin of humans and animals. Note that the use of many cleansers require gloves to protect the skin from corrosive chemicals. A few common corrosives include: metal cleaners with phosphoric acid; drain cleaners that contain sulfuric acid; spot rust removers with hydrofluoric acid and drain cleaners and oven cleaners containing sodium hydroxide or Iye. All of these are hazardous to the skin–they are also hazardous to the environment.
Ignitable: Something that poses a fire hazard during routine handling and management is considered an “ignitable” material. One of the real dangers, beyond fire and smoke, is the immediate danger of spreading harmful particles over a wide area. Common words used to describe items in this classification include “flammable” and “explosive.” Items in the home that are ignitable pose a serious threat in storage. Many of these items indicate “do not store near heat” or “keep in cool, dry place.” A sample list of common household items that are ignitable includes gasoline, kerosene, diesel fuel ammunition, matches, and items containing alcohol.
Reactive: Reactive materials are those which, during routine management, tend to react spontaneously, to react vigorously with air or water, to be unstable to shock or heat, to generate toxic gases, or to explode. Reactive is not to be confused with “radioactive” which means “radiation emitted as a consequence of a nuclear reaction” Reactive processes can best be illustrated by the image of the cartoon mad scientist working feverishly in the laboratory mixing chemicals that suddenly explode or by the simple process of putting vinegar into a container with baking soda. As with ignitable items, reactive items must be stored carefully. Some drain cleaners rely on the reactive process. They may contain sodium bisulfate which, when mixed with water, makes a weak sulfuric acid. Bleach and many scrubbing and dishwashing detergents contain chlorine bleach and if put in contact with ammonia, lye or acids will form a toxic gas (CL2).
Toxic: By far the most identifiable of hazardous material signs is the skull and crossbones indicating “poison.” Toxic materials are those that may release toxicants or poisons in sufficient quantities to pose a substantial hazard to human health. Most cupboards and closets are full of toxic materials. From air fresheners to carpet deodorizers, medicines to vitamins, mothballs to oven cleaners, the potential poisons are numerous. The “toxic” quality is assumed by ingestion (swallowing), dermal intake (through the skin) or inhalation of the chemicals in a quantity sufficient to cause concentration in the body. The materials themselves can often be used safely and can be very beneficial or necessary to the body (as in the case of some vitamins or medicines). The effects of toxics can be acute when damage is a result of a one-time exposure to relatively large amounts, and they can be chronic when damage is a result of repeated exposure to relatively low levels of a chemical. These four classifications are not exclusive. Many hazardous materials may be in two, three or all four categories. Often, a hazardous material assumes another category when it is handled, stored or disposed of incorrectly. As an example, an acid is corrosive, can be toxic if ingested, and when it meets chlorine it is reactive. These classifications are the “primary” level of classification of the materials.
Handling Hazardous Materials: Hazardous materials must go somewhere. The container, when empty, is rarely completely empty. When the paint thinner has been used, or when the oil has been drained, it must go somewhere. All hazardous materials have the potential for becoming hazardous waste. These materials and eventual wastes are dangerous to people and animals; the dangers of explosion, fire, or reaction are constant in their storage. Handling chemicals, acids, and toxics is dangerous. How we handle these materials today will have a tremendous impact on our environment in the future. Hazardous waste that was inappropriately discarded in the past is today’s clean- up problem. It is important that we identify the chemicals we use in our homes, and that we use, store and dispose of them in a manner that is environmentally safe, not just convenient.
Examples: Light bulbs, batteries, electronics, appliances, computers, television monitors, printers, VCRs, cell phones, telephones, radios, microwave ovens, paint cans unless solidity, pool chemicals, cleaners, tires, food, landscape chemicals, poisons, flammables, explosive materials, oil, solvents, aerosol cans, propane tanks, anything with gasoline in it, etc.
IMPORTANT INFORMATION FOR YOUR PROTECTION:
Under Florida law, those who work on your property or provide materials and are not paid have the right to enforce their claim for payment against your property. This claim is known as a construction lien. If you or your contractor fail to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. PROTECT YOURSELF
RECOGNIZE that this Notice to Owner may result in a lien against your property unless all those supplying a Notice to Owner have been paid.
LEARN more about Construction Lien Law, Chapter 713, Part I, Florida Statutes, and the meaning of this notice by contacting an attorney or the Florida Department of Business and Professional Regulation