Rental Terms and Conditions
Dumpster Rental Agreement, Terms of Service, and Disclaimer
By doing business with us, you are consenting to the following Terms and Conditions:
THIS SERVICE AGREEMENT (hereinafter referred to as “Agreement”) is made official immediately upon the ordering (either verbally or online) of a service to be provided by GMK Services L.L.C., a Georgia Limited Liability Company, specializing in dumpster rental, with its principal place of business at 2482 Creekside Trace, Jonesboro, GA 30236, doing business as Southern Quality Haul Off (hereinafter referred to as “COMPANY”) and YOU (hereinafter referred to as “CLIENT”). Upon execution of this Agreement by CLIENT, COMPANY will provide services for the CLIENT under the Terms and Conditions set forth below in this Agreement:
1. SERVICES: COMPANY shall comply with all local, state and federal laws in connection with all services rendered by the Company.
COMPANY will utilize skills and reasonable business practices, within the trade, in conjunction with the necessary procedures in order to perform all services in compliance with the law. Services shall commence upon receipt of the executed copy of this Agreement to COMPANY. COMPANY may subcontract, sub-let or assign such portion of the services under this Agreement as it may believe advisable. Any contractor or subcontractor utilized by COMPANY shall be herein referred to as “CONTRACTOR”. COMPANY reserves the right, at any time, to stop performance of the services hereunder until such time as any past due payment, according to the payment terms of this Agreement, are brought up to date.
1.1. SERVICES & LIABILITIES: COMPANY will provide CLIENT with the information necessary for CLIENT to render construction services to third parties (“Consumers”) who solicit COMPANY for such services. However, COMPANY will not render any construction services to Consumers. Providing construction services to Consumers is the sole responsibility of CLIENT. In addition to other provisions in this agreement, COMPANY is not liable for any damages or liabilities incurred by Consumers or CLIENT resulting from the services rendered by CLIENT to Consumers.
If COMPANY incurs any liabilities resulting from or related to services rendered by CLIENT to Consumers, then CLIENT will fully indemnify and hold the COMPANY harmless for such damages.
2. DUTIES IMPOSED ON CLIENT: In addition to the above services rendered by COMPANY, during the term of this Agreement, the CLIENT shall provide COMPANY with any and all information or documents which may be necessary for COMPANY to fulfill its obligations under the terms herein. Moreover, CLIENT agrees to cooperate with COMPANY in any manner necessary, so long as it is in compliance with the laws, in order to allow COMPANY to fulfill its obligations under the term herein.
3. COMPENSATION AND EXPENSES: In consideration for the services to be performed by COMPANY under this Agreement, the CLIENT will pay compensation to COMPANY in the total agreed upon amount. Additionally, CLIENT will be held responsible for any additional charges or overages that are incurred as a result of their actions. If additional charges occur, CLIENT will be billed separately. Examples of additional fees are further described on the Payment Schedule on Exhibit A, attached herein and incorporated by reference.
Additionally, a list of restricted items and restricted actions that may warrant additional fees or refusal to complete services are described in EXHIBIT B and EXHIBIT C.
4. LATE PAYMENT: CLIENT will pay COMPANY all compensation immediately upon execution of this Agreement or on such date(s) as agreed to by the Parties. If CLIENT and COMPANY agree to a payment schedule, then it must be in writing and attached to this Agreement and Incorporated by reference herein as “Exhibit A.” Failure of CLIENT to pay any fees after the due date is a material breach of this Agreement, justifying suspension of the COMPANY’S performance and it shall be sufficient cause for immediate termination of this Agreement by COMPANY. Any such suspension will in no way relieve CLIENT from payment of compensation. CLIENT shall be liable for any costs associated with collection, including, but not limited to, legal costs, attorneys’ fees, courts costs, and collection agency fees.
5. INDEPENDENT CONTRACTOR: Nothing herein shall be construed to create an employer-employee relationship between CLIENT and COMPANY. COMPANY is an independent contractor and not an employee of CLIENT or any of its subsidiaries or affiliates. It is understood that CLIENT shall not withhold any amounts for payment of taxes from the compensation of COMPANY. COMPANY shall not represent to be or hold itself out as an employee of CLIENT.
6. TERM: This Agreement shall commence immediately upon the reservation of services by CLIENT from COMPANY and shall continue for a year after the date of this Agreement unless extended by mutual written agreement of the parties to this Agreement. COMPANY has the right to terminate this Agreement in its sole discretion if CLIENT violates or proposes to violate any applicable federal or state law, rule or regulation. COMPANY may also terminate this Agreement in its sole discretion.
7. PERSONAL GUARANTEE: The undersigned individual signing on behalf of CLIENT(s) personally guarantees payment of any future obligations which may be owing to COMPANY upon demand, whether or not a lawsuit is filed. The CLIENT agrees that upon the dishonor of any check for whatever reason, the undersigned CLIENT shall be jointly and severally responsible for the payment. This is a continuing personal guarantee and may be revoked only in writing by delivery to COMPANY of the revocation by certified mail return receipt requested.
8. ACCEPTANCE: The CLIENT acknowledges that they have reviewed this Agreement and acknowledges that he, she or it has read and understands the content thereof and accepts the Terms and Conditions stated herein this Agreement. The services specified are hereby authorized and payment will be made as outlined herein.
By doing business with COMPANY, the CLIENT hereby agrees to all Terms and Conditions set forth in this agreement.
9. LIMITATION OF LIABILITY. It is understood and agreed that COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY AND CLIENT SHALL ASSUME ALL RESPONSIBILITY FOR OBTAINING INSURANCE TO COVER LOSSES OF ALL TYPES.
COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT AS SPECIFICALLY STATED HEREIN. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED. COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CLIENT UNDERSTANDS THAT COMPANY IS ACTING AS A BROKER OF SERVICES BETWEEN AN INDEPENDENT CONTRACTOR AND CLIENT. COMPANY MAKES NO GUARANTEE AS TO THE QUALITY OF SERVICES RENDERED BY THE CONTRACTOR.
ANY DAMAGES OR INSTANCES OF NEGLIGENCE CAUSED BY THE CONTRACTOR ARE THE SOLE RESPONSIBILITY OF THE CONTRACTOR, AND NOT COMPANY.
IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO CLIENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY CLIENT, IF ANY, FOR THE VALUE OF THE SERVICES PROVIDED HEREUNDER.
DRIVEWAY PROTECTION. THE CLIENT MAY OPT TO ADD DRIVEWAY PROTECTION TO THE RENTAL AGREEMENT FOR AN ADDITIONAL FEE DUE AT THE TIME OF SCHEDULING AND UPFRONT PAYMENT. SHOULD SAID CLIENT DECLINE DRIVEWAY PROTECTION, THE CLIENT RELEASES THE COMPANY OF ANY AND ALL RESPONSIBILITY OF DAMAGES OR INSTANCES OF NEGLIGENCE CAUSED TO THE DRIVEWAY AND/OR LOCATION OF DUMPSTER DROP-OFF, INCLUDING SURROUNDING AREAS DURING THE TIME OF DELIVERY AND/OR PICK-UP.
10. INDEMNIFICATION. CLIENT shall indemnify and hold harmless COMPANY against all claims, obligations or liabilities including court costs and attorneys’ fees, arising out of CLIENT’s tortious or unauthorized acts, misrepresentations, omissions, failure to perform its obligations hereunder, or any acts not expressly authorized in writing, related to or beyond the scope of this Agreement.
11. NON-CIRCUMVENTION. CLIENT agrees that the terms and conditions of this Agreement are fully applicable and binding to itself, its officers, directors, shareholders, affiliates, subsidiaries, CLIENTs, representatives, employees, associates, assigns, trustees, heirs and/or assigns or executors, and CLIENT binds itself not to deal independently with any person, business, corporations, partnership, buyer, sellers, borrowers, lenders, agents, brokers, institutions, including their affiliates, subsidiaries, contractees, CLIENTs, representatives, employees, associates, assigns, trustees, heirs and/or assigns, or executors or other entities introduced or known to CLIENT, without COMPANY’S knowledge, subject to all of the terms and conditions in this Agreement.
CLIENT agrees not to attempt to circumvent, avoid or bypass COMPANY in any manner, regarding any agreements or disclosures made by the Parties.
12. COVENANT NOT TO COMPETE. The CLIENT covenants that for a period of one year from the date of execution of this Agreement except as approved in writing by COMPANY, either directly or indirectly, with or without compensation, for itself, or through, on behalf of, or in conjunction with any person, persons, partnership, corporation or other entity, CLIENT shall not employ or engage, or seek to employ or engage, any person who is at that time employed or engaged by COMPANY or directly or indirectly attempt to induce such person to leave its employment or engagement.
13. TERMINATION. This Agreement may be terminated by COMPANY and COMPANY may, at its option, declare any unpaid balance and other sums payable by CLIENT hereunder immediately due and payable for any one or more of the following reasons: (a) if CLIENT fails to make payment when due; or (b) the CLIENT substantially breaches any other obligation of this Agreement.
14. CANCELLATION. CLIENT may cancel services to be rendered by COMPANY at any time but agree to forfeit 50% of the total rental cost by communicating such termination in writing at least 24 hours prior to such time when the services of COMPANY have to be rendered. CLIENT expressly agrees that COMPANY shall be authorized to retain the sum of the entire compensation as a cancellation fee or a lesser amount at COMPANY’S sole discretion if services are canceled with less than 24 hours written notice to COMPANY. CLIENT may opt to purchase Cancellation Insurance for an additional fee paid upfront during the time of scheduling that states the COMPANY will grant a 100% refund of the amount paid if written notice is provided at least 24 hours prior to the scheduled delivery date and time.
15. MEDIATION AND ARBITRATION. Any disputes between the Parties, whether arising under this agreement or otherwise, which the parties cannot resolve between themselves using good faith shall be referred to a court-certified mediator of the Circuit Court in the County of the principal office of COMPANY, and any mediation shall be held in the County of the principal office of COMPANY. The CLIENT shall bear the cost of said mediation. In the event that said dispute is not resolved in mediation, the parties shall submit the dispute to a neutral arbitrator residing in the County of the principal address of COMPANY. The arbitration shall be held in the County of the principal office of COMPANY and the CLIENT shall bear the cost of said arbitration.
In the event that the parties are unable to agree upon an arbitrator within 15 days of the date on which either party requests arbitration of a matter, the arbitrator shall be provided by the American Arbitration Association. The parties further agree that full discovery shall be allowed to each party to the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Arbitration shall be the exclusive legal remedy of the parties. If either party refuses to comply with a ruling or decision of the arbitrator, the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable attorney’s fees (including Trial and Appellate attorney’s fees) incurred in enforcing the ruling or decision of the arbitrator. Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights.
16. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the parties and supersedes all prior discussions, negotiations, agreements and understandings, whether oral or written, with respect to its subject matter.
17. MODIFICATION. No change or modification of this Agreement shall be valid unless it is IN WRITING AND SIGNED BY ALL THE PARTIES who are bound by the terms of this Agreement.
18. SEVERABILITY. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding.
19. VENUE AND JURISDICTION. Should a lawsuit be necessary to enforce this Agreement the parties agree that jurisdiction and venue are waived and suit shall be brought in the county of the principal office of COMPANY.
20. NO-WAIVERS. Waiver by any party of any other party’s breach of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach, and the waiver by any party to exercise any right or remedy shall not operate nor be construed as a waiver or bar to the exercise of such right or remedy upon the occurrence of any subsequent breach. No action of either party to this Agreement shall be interpreted as waiver unless waiver is in writing.
21. HEADINGS. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
22. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Georgia (without regard to the laws that might be applicable under principles of conflicts of law) as to all matters, including, but not limited to, matters of validity, construction, effect and performance.
23. COUNTERPARTS. This Agreement may be executed in two or more parts, each of which shall be deemed an original but all of which together shall be one and the same instrument.
24. FACSIMILE COPY, EMAIL OR ELECTRONIC SIGNATURE. A facsimile or email copy of this Agreement and any signatures affixed hereto (either manual or electronic) shall be considered for all purposes as originals.
PAYMENT SCHEDULE TERMS:
CLIENT will pay for services immediately upon the scheduling of services to be provided by COMPANY.
If any additional fees or overages are incurred, CLIENT will be billed separately for these charges.
Below is a list of instances that may warrant extra fees:
• Tonnage overages
• Extra day overages
• Disposal of “extra cost” or “restricted” items including, but not limited to: (mattresses, box springs, tires, electronics, environmental contaminants, carpet, furniture)
CLIENT may NOT put the following items in dumpster:
• Asbestos-containing items
• Flammable substances
• Food Waste
• Construction & Heavy Materials (Concrete, rock, sod, bricks)
• Contaminated dirt
• Tires ON Rims
• Explosive Substances
• Electronics, Mattresses, and Tires (NOT on rim) will incur EXTRA CHARGE
• Tires Only: $20 each
• Mattresses: $20 each
• Electronics: $15 each
REFUSAL TO PICK-UP
COMPANY and/or CONTRACTOR reserves the right to refuse to pick-up a dumpster for several reasons, including:
• Dumpster is filled over the fill line
• Dumpster contains ANY restricted items, including those listed in EXHIBIT B
• CLIENT does not provide adequate access to CONTRACTOR in order to pick up the dumpster
Should COMPANY and/or CONTRACTOR refuse to pick up due to the reasons listed above, the CLIENT will be responsible for payment of a “delayed pick-up” fee subject to $10 per day, starting the following day after the agreed pick-up date.
CLIENT will be responsible for any extra fees that may be associated with any circumstances relating to EXHIBITS A, B, or C.