Terms of Sale

Last updated August 30, 2022

TERMS AND CONDITIONS FOR THE RENTAL OF EQUIPMENT

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

BY PLACING AN ORDER FOR RENTAL OF EQUIPMENT AND/OR THE PURCHASE OF SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN EQUIPMENT OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH QUICKDUMPSTERS LLC OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, EQUIPMENT, OR SERVICES BY APPLICABLE LAW.

1. These terms and conditions (these “Terms“) apply to the purchase of services and rental of dumpster equipment (“Equipment”) through www.quickdumpsters.com (the “Site“). These Terms are subject to change by QuickDumpsters LLC (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any services and/or renting any Equipment that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for Equipment or services through this Site.

2. Order Acceptance and Cancellation.

You agree that your order is an offer to rent, under these Terms, all Equipment together with services listed in your order. All orders must be accepted by us or we will not be obligated to sell the Equipment or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

3. Prices and Payment Terms.

(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for rental of Equipment or services will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include applicable taxes or additional fees provided in Section 3 below. All such taxes and charges will be added to your rental total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b) Rental Fee. You agree to pay a base rental fee (“Base Rental Fee”) for Equipment rented to you hereunder, in addition to any other applicable charges and fees as provided herein. Base Rental Fees are charged for each twenty-four hour (24) day during the total rental period (“Rental Period”) beginning at the day and time of delivery. Unless otherwise agreed upon in writing by QuickDumpsters and you, you will be charged our current rental fees for services and Equipment ordered. A current fee schedule is available on our Website. In addition to any Base Rental Fees paid at the time of your order, you authorize a hold in the amount of Three Hundred Dollars ($300.00) placed on your credit card, which shall be available for additional costs and fees including but not limited to Overload fees, Environmental Fees, Cancellation Fees, Extra Rental Days, unacceptable materials or prohibited substances found in Equipment.

(c) Other Fees.

(i) Environmental Fees. We charge and you agree to pay an environmental fee (“Environmental Fee”) to cover the cost of complying with by federal, state, and local laws, rules, and regulations involving storage, transportation, recycling, and disposal of materials and debris. Such Environmental Fee may vary by service, type of waste, hazardous waste, and/or geographical area.

(ii) Overload Fees. You are solely responsible for complying with weight and volume restrictions applicable to the rental of Equipment. You acknowledge and agree that (a) all Equipment we rent has a designated weight specification and corresponding weight limitation and you have reviewed such specification; (b) the size and/or volume of the particular item/unit of Equipment is not determinative of the applicable designated weight specification and weight limitation for such item/unit of Equipment; (c) state, municipal, city, county, or local rules, laws, and regulations may also govern and limit the weight and/or amount of material that can be legally stored in and or transported in the Equipment; and (d) rain, water, snow, and/or ice that you permit to accumulate in or on the Equipment can increase, and under certain circumstances, exceed the applicable weight restriction related to specific Equipment. You agree and acknowledge that you are solely responsible for determining the weight restrictions applicable to Equipment you rent and for strictly complying with such restrictions. You hereby agree and acknowledge that if we incur additional charges, fees, or expenses in connection with the transport of Equipment to landfills where Equipment exceeds permitted weight limits, you shall be solely responsible for reimbursement of such fees, costs, or expenses (“Overload Fees”). In the event that we incur Overload Fees relating to or in connection with your failure to comply with applicable weight and volume restrictions, we will be entitled to reimbursement by you for such Overload Fee. We may refuse to transport Equipment which exceeds weight and/or volume restrictions in our sole discretion.

(iii) Cancellation Fees. Once an order is placed, it cannot be canceled without our express written consent which may be withheld in our sole discretion. Accepted canceled orders will incur a cancellation fee (“Cancellation Fee”). Cancellation Fees, chargeable to your credit card, are as follows: Fifty Dollars ($50) if the cancellation occurs prior to 3:00PM MST the business day before your scheduled delivery and Two Hundred and Fifty Dollars ($250.00) if the cancellation occurs thereafter.

(d) We may offer from time-to-time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

(e) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept all major credit cards. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable fees and taxes, if any, regardless of the amount quoted on the Site at the time of your order. If any time during a rental term, you revoke our authorization to charge your credit card, we may immediately terminate the Equipment rental and recover Equipment in our sole discretion, without notice or liability, and without prejudice to or waiver of any of our remedies against you.

4. Delivery and Returns; Title

(a) Delivery and Equipment Return.

(i) Subject to 4(a)(ii) below, we will arrange for shipment of the Equipment to you and pick up of the Equipment at the end of the Rental Period on the dates requested on your order. Please check the individual Equipment page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, shipping, and delivery of your order.

(ii) Shipping and delivery dates for Equipment are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. We use commercially reasonably efforts to ensure timely delivery and pick up of Equipment; however, we cannot and do not guarantee delivery times or dates.You agree that you are responsible for the provision of free and suitable access to and from the delivery site (including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for delivery, placement, and removal of Equipment.

(iii) You agree and acknowledge that you are solely responsible for any surface where Equipment is placed, and you should therefore take adequate steps to protect any surfaces from damage due to Equipment placement before delivery. In the event that we are unable to deliver or pick up Equipment as scheduled for any reason beyond our control, including but not limited to obstructions, blocked access, damaged products, locked gates, fences, parking lots, inaccessible driveways, and/or the storage of prohibited items or substances in Equipment, you agree to pay an additional fee of $550.00 per unsuccessful delivery or pickup (“Inconvenience Fee”). Notwithstanding the foregoing, if we incur additional charges, fines, penalties, costs, and/or expenses related to an unsuccessful delivery or pick up, then we may increase the fee to cover such additional costs. You acknowledge and agree that we are authorized to charge your credit card such fees.

(iv) Once Equipment is delivered, you agree that you will not move, transport, or attempt to move or transport the Equipment from delivery site without our prior notice and consent, which may be withheld in our sole discretion.You agree to return Equipment at the end of the Rental Period. You agree to return Equipment in good and working condition, and agree you are liable for any loss or damage to Equipment in excess of reasonable wear and tear. You agree that if you fail to return the Equipment at the end of the Rental Period, we may enter the premises where the Equipment is located, without notice, and take possession of and remove it (without legal process) at your expense. You agree to waive any and all claims for damage from any such entry or removal.

(b) You and we agree that this is a true lease under applicable law. We (or our licensors) have title to the Equipment at all times. You acquire no ownership, title, property, right, equity, or interest in the Equipment other than the leasehold interest as provided in and subject to the terms and conditions of this Agreement. You may not enter into a sublease of any Equipment without our prior written consent, which consent may be withheld in our sole discretion. You may not alter the Equipment including changing or removing any insignia or lettering that is on the Equipment.

5. Permits. You agree and acknowledge that certain locations and/or uses of Equipment may require a permit, license, certification, or approval (by law or otherwise) by relating to the possession, placement, storage, and/or transportation of Equipment (hereafter an “Approvals”). You represent and warrant that you have obtained all necessary Approvals and that you are solely and exclusively responsible for obtaining and maintaining all necessary Approvals at all times during your possession and use of the Equipment.

6. Prohibited Substances. You agree and acknowledge that federal, state, and/or local laws, rules, or ordinances prohibit the storage, disposal, and/or transport of certain items, materials, and substances in the Equipment (“Prohibited Substances”). Prohibited Substances include, without limitation, tires, batteries, animal caucuses, tree-stumps, railroad ties, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, food waste, fuels, adhesives, refrigerants, and other toxic and/or hazardous materials and substances. A non-exclusive list of Prohibited Substances is available on our website for your review. You should review your state and local rules and laws regarding disposal of Prohibited Substances in your location. You agree and acknowledge that you are solely responsible for any charges, expenses, damages, losses, fines and/or penalties without limitation, related to or arising from your storage, disposal, and/or transportation of Prohibited Substances in the Equipment.

7. Cancellations and Refunds. Once an order is placed with us, it cannot be canceled without our express written consent, which may be withheld in our sole discretion. Accepted cancellations will incur a cancellation fee as provide herein. We will issue a refund for any accepted cancellation less the applicable Cancellation Fee with three to five business days.

8. Waiver; Limitation of Liability. 

(a) WAIVER. EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF QUICKDUMPSTERS LLC, YOU HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST QUICKDUMPSTERS LLC RELATING TO OR ARISING FROM YOUR RENTAL OF THE EQUIPMENT AND/OR QUICKDUMPSTERS LLC’S PERFORMANCE UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR PROPERTY, PAVEMENT, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, LAWN, WELLS, IRRIGATION SYSTEMS, SEPTIC SYTEMS AND/OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON YOUR PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR PROPERTY FROM LEAKS OR STAINS RELATING TO YOUR USE OF THE RENTAL EQUIPMENT. THE RENTAL EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND WE MAKE NO WARRANTIES TO YOU, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET YOUR REQUIREMENTS.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

(b) LIMIT ON LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE EQUIPMENT AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall : (i) only apply to the extent permitted by law and shall (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

9. Indemnification. You agree to indemnify, defend, and hold harmless QuickDumpsters LLC, including its officers, directors, managers, members, employees, agents, subsidiaries, successors, and assigns from and against any and all claims, counterclaims, suits, demands, causes of action, damages, setoffs, liens, attachments, judgments, debts, fines, penalties, charges, expenses, costs, or other liabilities whatsoever kind or nature (collectively “Losses”) asserted or alleged by any third-party arising from or related to: (a) Overload Fees; (b) your failure to obtain any required Approval; (c) your use, disposal, storage, or transport of any Prohibited Substances in the Equipment; (d) loss or theft of the Equipment; (e) damage and/or destruction of the Equipment during the Rental Period; (f) personal injury, disability, or death relating to or arising from your use and/or possession of the Equipment; (g) property damage relating to or arising from your use and/or possession of the Equipment; (h) physical damage to streets, roads, driveways, walkways, sidewalks, pavement, curbs, wells, irrigation and sprinkler systems, septic systems, and/or underground utilities caused by the equipment; (i) your breach of the terms and conditions of this Agreement; (j) any fees, penalties, fines, assessments, charges, costs, and/or expenses asserted by a third party incurred in connection with the movement, placement, and/or use of the Equipment.

10. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your rental of Equipment through the Site.

11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

12. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Utah.

13. Dispute Resolution and Binding Arbitration.

(a) YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES OR RENTAL OF EQUIPMENT THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

(d) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of QuickDumpsters LLC.

16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

17. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at hello@quickdumpsters.com or (ii) by personal delivery, overnight courier, or registered or certified mail to 6300 N Sagewood Drive, Ste H-580, Park City, Utah 84098. We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

18. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

19. Entire Agreement. Our order confirmation, these Terms, the license agreement relating to any Equipment or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.