Babb Disposal Rental Agreement for your 12-yard Dumpster to be delivered
Please read full agreement, and fill out the form at the end.
This Dumpster Agreement (the “Agreement”) dated as of ___________, 202__, is by and between BABB DISPOSAL, LLC, a Virginia limited liability company (the “Contractor”) and ________________ (the “Customer”) (together hereinafter known as the “Parties”), and provides that in consideration of the terms set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Dumpster. Contractor agrees to provide to Customer q a twelve (12) cubic yard roll-off dumpster or q a sixteen (16) cubic yard roll-off dumpster (the “Dumpster”). Contractor shall deliver the Dumpster to the site designated by Customer and shall pick up the Dumpster and dispose of its contents as described below.
Pricing. Customer agrees to pay THREE HUNDRED SEVENTY FIVE AND NO/100 DOLLARS ($375) for the first three (3) days of rental of a twelve (12) cubic yard dumpster. Pricing for a sixteen (16) cubic yard roll-off dumpster is FOUR HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($425) for the first three (3) days of rental. Each additional day of rental of the Dumpster will be charged to the Customer at ten dollars ($10). All weight of Dumpster content hauled away by the Contractor above 2,000 pounds shall be charged at an additional eight cents ($0.08) per pound, regardless of Dumpster size. On-site delivery pricing includes the first ten (10) miles from 14232 Benns Church Blvd., Smithfield, VA 23430. After the first 10 miles, there shall be an additional fee of $10 per each additional 10 miles or portion thereof.
Term. Contractor shall deliver Dumpster to (location, the “Premises”) on ____________ [date] and pick up the Dumpster on request of Customer.
Payment. Contractor shall provide to Customer a total bill within two (2) weeks of pick up of the Dumpster from Premises. Payment in full must be received by Contractor within thirty (30) days of Customer’s receipt of the total bill or Customer will be deemed to be in default.
Return of Dumpster. 5.1 Condition of Dumpster Upon Return. Customer shall cause the Dumpster when picked up to be in the same condition as when delivered to Customer, ordinary wear and tear excepted (the “Original Condition”).
Costs. Customer will be charged all costs Contractor incurs to restore the Dumpster to its Original Condition. Any required repairs or replacement of a destroyed Dumpster shall be made at the expense of Customer. Customer agrees (a) to Contractor invoicing Customer for these items, and (b) to immediately pay Contractor for any such billed cost(s).
Prohibited Waste. Customer shall not place for disposal in the Dumpster any debris, materials, liquids or substance not accepted by the Southeastern Public Service Authority landfill in Suffolk, Virginia, Information on acceptable waste may be obtained at www.spsa.com. Customer shall not dispose of food waste, asbestos containing materials, flammable materials or hazardous materials, such as chemicals, batteries, paint, light bulbs, tires, or hazardous substances in Dumpster. Any additional fees charged by SPSA due to prohibited waste shall be charged to the Customer
Assumption of Risk. Customer hereby assumes all risk of damage or injury to any person or property in, on, under or about the Premises from any cause other than the gross negligence or willful misconduct of Contractor. Customer acknowledges that the Dumpster, whether empty or filled by Customer, along with delivery vehicles will be extremely heavy and wide, and that unloading and pick-up/delivery of the Dumpster can and will damage the Premises. The potential risks to the Premises include, but are not limited to: (a) damage to concrete or asphalt; (b) damage to landscaping such as grass, plants, or decorative features; (c) soil compaction resulting in drainage issues, plant growth issues, and foundation issues in nearby structures; and (d) the breakage of drainage, sewage, water, or gas pipes.
Indemnification. Customer shall indemnify, defend, and hold harmless Contractor and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, the "Indemnified Party") against any and all losses, damages (including damages to the Premises), liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or, expenses of whatever kind, including reasonable attorneys' fees, expert witness fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, relating to or resulting from any claim of a third party or Contractor arising out of or occurring in connection with the Dumpster or Customer's negligence, willful misconduct, or breach of this Agreement. Customer shall not enter into any settlement without Contractor's or Indemnified Party's prior written consent.
Insurance. Contractor shall maintain a commercial general insurance policy providing liability limits of not less than One Million and No/100 Dollars ($1,000,000).
Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Attorneys’ Fees. In the event that any Party institutes any legal suit, action, or proceeding against the other Party arising out of or relating to this Agreement or the Dumpster, the prevailing Party in the suit, action or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys' fees, expert fees, expenses, and court costs.
Other Terms.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.
Agreement with babb Disposal, LLC (contractor)
*For parties that prefer to download and fax/deliver a hard copy of this agreement, click the download below.