Prostyle Dumpsters | We pride ourselves on delivering top-notch dumpster services tailored to your needs. With prompt pickups and competitive rates, we’re your go-to solution for hassle-free waste disposal.

OUR TERMS AND CONDITIONS

Prostyle Dumpsters, LLC, (hereinafter “Company”), agrees to provide certain waste removal services, including the provision of required dumpster equipment (“Equipment”) to the customer (“Customer”) (hereinafter collectively referred to as “Waste Removal Service(s)” or “Service(s)”) based on the terms and conditions outlined in these Service Agreement Terms and Conditions (hereinafter “Service Agreement”). Except as specifically set forth herein, or as otherwise communicated by the Company or representative of to Customer, this Service Agreement and the Service Documents (as defined herein) shall apply to and govern both commercial and residential services.

1. Acceptance; Contract Formation.
This transaction, including the Company’s Waste Removal Services, is expressly limited to and made conditional upon Customer’s assent to and acceptance of all the terms and conditions contained herein and any supplemental terms outlined in any related service document, including, but not limited to any quotation, proposal, service agreement, acknowledgment, and invoice (collectively referred to from now on as the “Service Documents”). Customer agrees that by placing an order and accepting the Services, the Customer has reviewed this Service Agreement and acknowledges that a binding and enforceable service agreement shall exist between Company and Customer and that this Service Agreement along with any applicable Service Documents shall constitute the entire agreement between Company and Customer related to the Services.

2. Ordering Process.
The company intakes and processes all Service(s) orders either via telephone or via our website which is located at www.prostyledumpsters.com (the “Website”). All service orders accepted by the Company are accepted with the understanding that each such order is subject to the Company’s ability to complete the requested services. The customer acknowledges that the Company reserves the right to arrange for the Services to the Customer through its network of subcontractors and vendors if needed to successfully fulfill an order. The customer is solely responsible for contacting the Company (either via telephone or via the Website) to initiate the commencement of the Services, as well as the final pickup of the Equipment (by the terms of Section 3 herein). The customer acknowledges that in the limited case of receiving service from a subcontractor or vendor, using any telephone numbers or other contact method posted on and/or adhered to the Equipment belongs to third parties and should not be used to attempt to contact the Company.

3. Delivery and Pickup of Equipment.
The company will use commercially reasonable efforts to ensure timely delivery and pickup of Equipment; provided that, due to circumstances beyond our control, including, but not limited to, inclement weather, hazardous roads and/or driving conditions, traffic delays, motor vehicle accidents, delays at landfills and equipment failure, we cannot and do not guarantee delivery times or dates. Company will not be liable to Customer under any circumstances for costs, expenses, losses, and/or damages incurred by Customer in any manner relating to such delays.

Upon the delivery of the Equipment to the location as designated by Customer, Customer shall not move, transport, or attempt to move or transport (either directly or indirectly) the Equipment from the designated site without prior notice to and consent from Company, which may be withheld within the sole discretion of Company. The company prefers to place Equipment in a driveway on a flat surface. The customer acknowledges the placing of Equipment on any other surface (i.e. yard) could result in damage. Whether we place Equipment elsewhere at the customer’s request is at the discretion of the driver. The company is not liable for any damages to your property.

If the Company attempts to deliver or pick up Equipment and is unable to do so for any reason beyond the Company’s control, including, but not limited to, overloaded Equipment, low-lying power lines or tree branches blocked access to the delivery or pickup location, damaged Equipment, locked gates, fences or parking lots, inaccessible driveways, and/or the storage of prohibited items or substances in the Equipment, or any other unforeseen circumstance deemed relevant by the Company (collectively referred to as “Dry Run”), then the Company shall be entitled to a Dry-Run/Trip Fee. The standard Dry-Run/Trip Fee is a minimum of $200; provided that, if the company incurs additional charges, fees, fines, penalties costs, and/or expenses related to the Dry Run, then the Company may increase the Dry-Run/Trip Fee to recoup any such charges, fees, fines, penalties costs, and/or expenses. The customer acknowledges and agrees that the Company is authorized and entitled to charge to the Customer’s credit card the amount of any such Dry-Run/Trip Fee. The customer shall be solely responsible for any fees, penalties, fines, assessments, charges, costs, and expenses asserted by a third party (including, without limitation, a towing company or Homeowners Association, or other authority, etc.) incurred in connection with the movement, placement and/or use of the Equipment. In the event of Customer’s violation and/or breach of the terms of the Service Agreement (including these Terms and Conditions), Company may, within Company’s sole discretion and without prior notice to Customer and without any liability to Customer, pick up the Equipment. In addition, the Company may pick up the Equipment at any time if required to do so by local, county, and/or state law or as required by order of any local, county, and/or state government or agency.

4. Prices and Payment Terms.
Prices for Services are displayed on the Website and are intended to be illustrative, and the applicable pricing may be modified from time to time within the sole discretion of the Company; provided that applicable prices for each Service transaction will be confirmed by the Company at the time of the Customer’s placement of an order for such Service(s). Except as otherwise mutually agreed in writing between Customer and Company Customer will pay Company for the Services via credit or debit card payment. Customer hereby expressly authorizes Company to retain Customer’s payment information and charge Customer’s method of payment for service fees and all other fees to which Company is entitled hereunder. Customer acknowledges and agrees that such payment authorization shall remain valid and in full force and effect during the applicable service period and for some time not to exceed 120 days beyond the last day Services are provided. If, at any time during a service term, the Company’s authorization to charge Customer’s credit card is revoked and/or canceled by the Customer or any third party, then the Company, within its sole discretion, may immediately terminate the Service, recover the Equipment and cease providing the Services without notice or liability to Customer and without prejudice to or waiver of any of the Company’s remedies against the Customer.

5. Cancellation and Cancellation Fees.
Any service order, once placed with and accepted by the Company, may not be canceled by Customer except upon the consent of the Company, which may be withheld within the sole discretion of the Company. If the Company agrees to accept a cancellation after acceptance of Customer’s order, then the Company shall be entitled to enforce a cancellation fee (which may be charged to Customer’s method of payment) in an amount not less than $25.00 if the cancellation occurs within 24 hours of the business day before your scheduled delivery and a cancellation fee in an amount not less than $150.00 if the cancellation occurs thereafter.

6. Weight Restrictions and Overage Fees.
The equipment has a clearly labeled maximum fill line sticker. The customer acknowledges the request to refrain from filling Equipment above this line. Filling above the line will cause a hazardous condition when the dumpster is loaded on the truck. The customer agrees to refrain from leaning items against the Equipment. The customer is solely responsible for complying with the weight restrictions applicable to the Equipment. The customer acknowledges that: (a) each item/unit of Equipment has a designated weight specification and corresponding weight limitation (which varies based on the size and type of the Equipment, as well as other factors); (b) the size and/or the 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) local, municipal, city, county, and/or state laws, regulations, rules, and ordinances 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 ice permitted by the Customer to accumulate in the Equipment can increase (and under certain circumstances) exceed the applicable weight restriction relating to specific Equipment. Customer acknowledges that Customer is solely and exclusively responsible for determining the weight restrictions applicable to the Customer’s Equipment and strictly complying with such restrictions, including, but not limited to covering and/or tarping the Equipment to prevent rain, water, snow, and ice accumulation in the Equipment. Customer hereby acknowledges that the Company incurs charges and expenses in connection with the transport of loaded Equipment to landfills and that such charges and expenses are based upon the weight of the Equipment. If the Customer fails to comply with applicable weight restrictions, The company may incur and be required to pay for charges, expenses, penalties, and/or fines from a landfill or other third party, whether private or public, including, but not limited to traffic fines and penalties or other consequential damages (collectively the “Overage Expenses”). If Company incurs any Overage Expenses relating to or in connection with the Customer’s failure to comply with applicable weight restrictions, then, in addition to all other remedies to which Company is entitled and in addition to all other amounts, fees, charges, and expenses due from Customer to Company (including Customer’s reimbursement of all such Overage Expenses to Company), Customer will pay Company a fee of not less than $80.00 per ton over the applicable weight restriction for the Equipment (“Overage Fee”), as determined within the sole discretion of Company. The customer acknowledges and agrees that all Overage Expenses and Overage Fees assessed by the Company against the Customer may be charged to the Customer’s credit card.

7. Permits.

The customer acknowledges that certain locations and/or uses of the Equipment may require a permit, license, certification, or other local, municipal, city, county, and/or state approval relating to the possession, placement, storage, and/or transportation of the Equipment (collectively referred to hereinafter as a “Permit”). Customer represents and warrants to the Company that Customer (and not Company) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment. If Customer fails to obtain and/or maintain all necessary and required Permits, Company may pick up the Equipment without prior notice to Customer and without any liability to Customer. If any fees are incurred by the Customer related to Permits. The customer acknowledges that they will be held liable to settle such fees with the disapproving authority and may not hold the Company liable to pay or reimburse any such fees. If Equipment has to be removed for any reason, Customer remains responsible for any service-related fees expressed herein.

8. Use of Logo.
Customer hereby grants to Company the express right to use Customer’s company logo in marketing, sales, financial, public relations materials, and other communications solely to identify Customer as a Company customer. Other than as expressly stated herein, neither party shall use the other party’s marks, codes, drawings, or specifications without the prior written permission of the other party.

9. Prohibited Materials.
The customer acknowledges that local, municipal, city, county, state, and/or federal laws, regulations, rules, and ordinances prohibit the storage of certain items, materials, and substances in the Equipment, including without limitation, tires, batteries, tree stumps, railroad ties, chemically treated lumber, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, water heaters and water tanks, food waste, fuels, adhesives, refrigerants, aerosols, and other radioactive, volatile, highly flammable, explosive, toxic, special or hazardous materials and substances. (“Prohibited Materials”). A non-exclusive list of certain Prohibited Materials is available on the Company’s Website for Customer’s review. Customer acknowledges and agrees that the only material to which the Services are provided consists solely of non-hazardous general solid waste and/or construction and demolition debris or other inert waste and recyclable materials, and does not include any Prohibited Materials, which are excluded from such Services. Customer agrees to not deposit or permit the deposit for collection of any Prohibited Materials in the Equipment and further, that title to and liability for Prohibited Materials will remain with Customer at all times. Customer is solely and exclusively responsible for complying with all applicable laws relating to Prohibited Materials, and Customer shall be liable for any charges, costs, expenses, damages, legal fees and costs, losses, fines, and/or penalties (including, but not limited to traffic fines and penalties) of whatever nature relating to the deposit, storage, and/or transportation of Prohibited Materials in the Equipment.

10. Pest Control.
If you are renting a dumpster for use in resolving a pest problem, such as bed bugs, termites, or cockroaches, please inform us when you order the dumpster.

The contents of these dumpsters must go to the appropriate disposal location immediately after pick up and be properly cleaned for the next rental.

11. Indemnification.
Customer agrees to indemnify, defend, and hold harmless Company, including its officers, directors, members, employees, agents, parent companies, affiliates, subsidiaries, successors, subcontractors, vendors, and assigns from and against any claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, judgments, debts, fines, penalties, charges, expenses, costs, or other liabilities of whatsoever kind or nature (collectively, “Losses”) asserted or alleged by any third party arising from or related to (a) Overage Expenses; (b) Customer’s failure to obtain and/or maintain any required Permit; (c) Customer’s use, storage, or deposit of Prohibited Materials in the Equipment; (d) loss or theft of the Equipment; (e) damage and/or destruction of the Equipment during the applicable service term; (f) personal injury and/or property damage relating to Customer’s use and/or possession of the Equipment; (g) physical damage to streets, roadways, driveways, walkways, pavement, curbs, wells, irrigation systems, landscaping, lawn, septic systems and/or underground utilities caused by the Equipment including, without limitation, any damage to Customer’s property from leaks or stains relating to the use of the Equipment; (h) Customer’s breach of these terms and conditions or the terms of any of the Service Documents; (i) any miscommunication, misdirection or ill advice received from the Customer causing adverse action and (i) any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third party (including, without limitation, a towing company, Homeowners association, or other entity) incurred in connection with the movement, placement, and/or use of the Equipment.

12. Waiver; Limitation of Liability and Disclaimer of Warranties.
EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST THE COMPANY AND ITS SUBCONTRACTORS, HAULER SUBCONTRACTORS, OR VENDORS RELATING TO OR ARISING FROM THE CUSTOMER’S USE OF THE EQUIPMENT AND/OR THE COMPANY’S, OR ITS SUBCONTRACTORS, HAULER SUBCONTRACTORS OR VENDORS PERFORMANCE UNDER THE SERVICE DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO STREETS, ROADWAYS, OR CUSTOMER’S PROPERTY, PAVEMENT, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, LAWN, WELLS, IRRIGATION SYSTEMS, SEPTIC SYSTEMS, AND/OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER’S PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO CUSTOMER’S PROPERTY FROM LEAKS OR STAINS OR WEIGHT OF EQUIPMENT RELATING TO THE USE OF THE EQUIPMENT. THE EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS AND THE COMPANY MAKES NO WARRANTIES TO THE CUSTOMER, 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.

13. Governing Law; Severability.
Any disputes arising from or in connection with the Services, including, but not limited to, these Terms and Conditions, the Service Documents, and/or Customer’s possession and use of the Equipment or Company’s (including its subcontractors and vendors) performance of the Services, shall be construed by and governed by the laws of the State of Georgia, U.S.A., including all matters of construction, validity, and performance, without giving effect to the conflict of laws provisions of such State. Any provision hereof that may be prohibited by applicable law shall be ineffective to the extent of such prohibition and without invalidating the remaining provisions hereof.

14. Arbitration.
Any action arising from or in connection with the Service(s), including, without limitation, these Terms and Conditions, the Service Documents and/or Customer’s possession and use of the Equipment or Company’s (including its subcontractors and vendors) performance of the Services, shall be resolved exclusively through arbitration administered by the American Arbitration Association by its Commercial Arbitration Rules. The number of arbitrators will be one. The seat, or legal place, of arbitration, will be the City of Buford, Gwinnett County, Georgia. The governing law will be the substantive law of Georgia, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction. The parties agree to arbitrate solely on an individual basis, and that this Service Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitration may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this arbitration provision will remain in force.

15. Assignment.
Neither this service transaction (including the Service Documents), nor any part or portion of Customer’s performance hereunder is assignable by Customer in whole or part without the prior written consent of Company, which may be withheld within the sole discretion of Company. No approval shall be required from the Customer for the Company to assign this Service Agreement or the performance of the Services.

16. Reservation of Rights.
Company expressly reserves all rights and remedies which are available to it at law or in equity.

16. Entire Agreement and Modification.

The terms and conditions set forth herein and as outlined in the Service Documents (including, but not limited to all requirements as outlined in the Company’s Website), shall constitute the entire agreement between Customer and Company, and shall supersede all previous agreements. Any of Customer’s terms contained in any request for quotation, purchase order, release, statement, correspondence, acknowledgment, or any other Customer document which are in addition to or different from the terms contained herein are hereby specifically objected to, rejected and excluded, and shall be of no force or effect. No change in this Service Agreement will be valid unless approved by the Company in writing.

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