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

1. Acceptance; Contract Formation. This transaction, including 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 set forth in any related service document, including, but not limited to any quotation, proposal, service agreement, acknowledgment and/or invoice (collectively referred to hereinafter as the “Service Documents”). Customer acknowledges that Customer has reviewed this Service Agreement and agrees that by placing an order and accepting the Services that a binding and enforceable service agreement shall exist between Company and Customer and that this Service Agreement along with the Service Documents shall constitute the entire agreement between Company and Customer related to the Services.
2. Ordering Process. Company intakes and processes all Service(s) orders either via telephone or via our website which is located at www.DynamicDisposal1.com (the “Website”). All service orders accepted by Company are accepted with the understanding that each such order is subject to Company’s ability to arrange for the Services to Customer through its network of subcontractors and vendors. Customer is solely responsible for contacting Company (either via telephone or via the Website) in order to initiate the commencement of the Services, as well as the final pickup of the Equipment (in accordance with the terms of Section 3 herein). Customer acknowledges that any telephone numbers posted on and/or adhered to the Equipment belong to third parties and should not be used for the purpose of attempting to contact Company.
3. Delivery and Pickup of Equipment. 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. In the event that Company attempts to deliver or pick up Equipment and is unable to do so for any reason beyond 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 (collectively referred to as “Dry Run”), then Company shall be entitled to a Dry-Run/Trip Fee. The standard Dry-Run/Trip Fee is a minimum of $200; provided that, if Company incurs additional charges, fees, fines, penalties costs and/or expenses related to the Dry Run, then Company may increase the Dry-Run/Trip Fee in order to recoup any such charges, fees, fines, penalties costs and/or expenses. Customer acknowledges and agrees that the Company is authorized and entitled to charge to Customer’s credit card the amount of any such Dry-Run/Trip Fee. 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) 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, 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 Company; provided that applicable prices for each Service transaction will be confirmed by Company at the time of 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 card payment. Customer hereby expressly authorizes Company to retain Customer’s credit card information and charge Customer’s credit card on a monthly basis for service fees and all other fees and charges to which Company is entitled hereunder. Customer acknowledges and agrees that such credit card authorization shall remain valid and in full force and effect during the applicable service period and for a period of time not to exceed 120 days beyond the last day Services are provided. If, at any time during a service term, Company’s authorization to charge Customer’s credit card is revoked and/or cancelled by Customer or any third party, then 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 Company’s remedies against Customer.
5. Cancellation and Cancellation Fees. Any service order, once placed with and accepted by Company, may not be canceled by Customer except upon the consent of Company, which may be withheld within the sole discretion of Company. In the event that Company agrees to accept a cancellation after acceptance of Customer’s order, then Company shall be entitled to a cancellation fee (which may be charged to Customer’s credit card) in an amount not less than $150.00 if the cancellation occurs after 3:00 p.m. the business day before your scheduled service.
6. Weight Restrictions and Overage Fees. Customer is solely responsible for complying with the weight restrictions applicable to the Equipment. 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 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, ice permitted by 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 Customer’s Equipment and for strictly complying with such restrictions, including, but not limited to covering and/or tarping the Equipment in order to prevent rain, water, snow, ice accumulation in the Equipment. Customer hereby acknowledges that 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 Customer fails to comply with applicable weight restrictions, 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”). In the event that Company incurs any Overage Expenses relating to or in connection with 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 $200.00 per ton in excess of the applicable weight restriction for the Equipment (“Overage Fee”), as determined within the sole discretion of Company. Customer acknowledges and agrees that all Overage Expenses and Overage Fees assessed by Company against Customer may be charged to Customer’s credit card.
7. Permits. 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 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. In the event that 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.
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. 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, food waste, fuels, adhesives, refrigerants, solvents, propane tanks and other pressurized tanks, motor oil, transmission oil, lubricating/hydraulic oil, lead paint chips, hazardous waste and radioactive waste (collectively referred to hereinafter as the “Prohibited Materials”). Customer is solely and exclusively responsible for ensuring that Prohibited Materials are not placed in the Equipment. In the event that Company discovers the presence of Prohibited Materials, whether at the time of pickup of the Equipment or at any other time, then Company may immediately pick up the Equipment and/or terminate the Service without prior notice to Customer and without any liability to Customer. In addition, Customer shall be solely and exclusively responsible for any charges, fines, penalties, damages, costs and/or expenses asserted or assessed against Company (including attorney’s fees) relating to or in connection with the presence of Prohibited Materials, and Company may charge Customer’s credit card for any such amounts.
10. Indemnification. Customer shall indemnify, defend and hold harmless Company and its owners, members, managers, officers, directors, shareholders, employees, contractors and agents from and against any and all claims, damages, costs, liabilities and expenses (including attorneys’ fees) which arise out of or relate to the use of the Equipment and/or the Services by Customer or any agent or contractor of Customer.
11. DISCLAIMER OF WARRANTIES. COMPANY MAKES NO REPRESENTATION, WARRANTY OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND/OR THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
12. LIMITATION OF LIABILITY. COMPANY’S LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF THE AMOUNTS PAID BY CUSTOMER TO COMPANY FOR THE SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR DAMAGE TO EQUIPMENT, FACILITIES OR OTHER PROPERTY, OR ANY CLAIMS OF CUSTOMER’S CUSTOMERS FOR SUCH DAMAGES, HOWEVER CAUSED, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Force Majeure. Company shall not be liable to Customer for any delay or failure of Company to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Company, including, without limitation, acts of God, floods, fires, loss of power, war, terrorism, strikes or other labor disturbances, earthquakes, hurricanes, tornados or other natural disasters, government regulations or orders, and failure of suppliers to deliver goods or services.
14. Miscellaneous. This Agreement and all matters arising out of or relating to it shall be governed by the laws of the State of [State], without regard to its conflict of law provisions. Any legal action or proceeding relating to this Agreement shall be instituted in a state or federal court in [County], [State]. Customer agrees to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. The waiver of any provision of this Agreement shall not be considered a waiver of any other provision or of the right to enforce that provision in the future. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. This Agreement, together with any additional terms to which Customer agrees when using particular elements of the Services, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings regarding such subject matter.
15. Customer Service. If Customer has any questions or concerns regarding the Service, Customer can contact Company’s customer service department by telephone at 904-793-3846 or by email at Dynamicdisposal23@gmail.com.