Roll-Off Dumpster Rental Agreement
THANK YOU FOR YOUR BUSINESS!
This Roll-Off Dumpster Rental Agreement ("Agreement") is between Dump It KC ("Company") and the customer ("Customer"). By ordering, accepting delivery, making payment, authorizing payment, checking the agreement box, signing electronically or physically, or using the roll-off dumpster, Customer agrees to these terms in full.
1. Services & Rental Period
Dump It KC will provide roll-off dumpster disposal service using our containers. Service delivery occurs on the requested day when using online ordering. For a same-day swap-out or pickup, Customer must call at least four (4) hours in advance; otherwise, a same-day service fee of $50 applies.
Standard rental period: 3-7 days, as selected and paid for at booking. Additional days beyond purchased days incur a fee of $25 per day until the dumpster is picked up.
Booking Day Definition. A rental day is based on calendar days and not a rolling 24-hour period. Day 1 begins on the calendar day the dumpster is delivered regardless of delivery time.
No Time-for-Time Rentals. Dump It KC does not provide time-for-time rentals. Delivery time does not extend the scheduled pickup day or pickup cutoff time. If a dumpster is delivered at 4:00 PM on Monday for a 3-day rental, the rental period does not continue until 4:00 PM on Wednesday. In that example, anything after 12:00 PM noon on Wednesday constitutes an additional rental day.
Rental Due Date Notification. Customer acknowledges and agrees that Dump It KC notifies Customer of the rental period and due-back date through one or more of the following: order confirmation, email, text message, website booking confirmation, invoice, customer portal, or other booking communication. Customer's failure to read, review, receive, save, respond to, or acknowledge any notice does not extend the rental period. The scheduled due-back time is 12:00 PM noon unless Dump It KC provides a different time in writing. If Customer requests pickup after the scheduled due-back time, even by five (5) minutes, Customer has incurred an additional rental day and will be charged $25.
Pickup Responsibility. Customer is required to contact Dump It KC by phone or text when the dumpster is ready to be picked up. Dump It KC is not responsible for calling, texting, emailing, reminding, warning, or otherwise chasing Customer to determine when Customer is finished with the dumpster.
Extra Rental Day Charges. Extra rental day fees begin automatically at 12:00 PM noon on the scheduled pickup day if the dumpster remains on site or if Customer has not requested pickup before the cutoff. Additional rental days are billed at $25 per day or the then-current daily rental rate if higher and disclosed before the extension. Keeping the dumpster beyond the scheduled rental period constitutes acceptance of additional rental day charges.
Pickup Request Is Final. Once Customer requests pickup, loading must stop. Customer shall not add, remove, rearrange, compact, burn, wet, or otherwise alter the load after pickup has been requested unless Dump It KC gives written permission. Additional loading may cause a delayed pickup, unsafe-load correction, dry run, extra rental day, or other applicable charge.
Weather and Other Delays. Rain, snow, heat, cold, wind, storms, holidays, contractor delays, project delays, illness, lack of labor, or Customer's inability to complete the project do not automatically extend the rental period. Any extension must be approved by Dump It KC and is subject to the daily extension fee.
Company Pickup Rights. Customer authorizes Dump It KC to retrieve the dumpster on or after the scheduled pickup day without additional notice, appointment, confirmation, customer presence, signature, approval, contact, or customer request. Dump It KC may arrive for pickup at any reasonable time on the scheduled due date or any day thereafter.
2. Dumpster Sizes, Weight Allowances & Overage Charges
All Customers are responsible for the total weight of dumpster contents, scheduling removal, and ensuring no overloading. Customer shall inspect the dumpster upon delivery for existing damage. Upon removal, Company may charge for repair or replacement costs due to damage during Customer's possession.
Unless a different rate is stated for a particular material or violation, weight exceeding the included allowance is charged at $0.07 per pound, or part thereof. Customer shall not load debris above the maximum tonnage stated below. Loads exceeding the maximum may be refused for transport, require offloading, or be transported only when Company determines it can be done safely and legally. Any weight above the stated maximum is charged at $0.10 per pound, in addition to any offloading, reload, dry run, unsafe load, disposal, recovery, or equipment costs.
Customer is responsible for everything placed into the dumpster, including material added without Customer's knowledge by neighbors, tenants, contractors, employees, guests, passersby, or any other third party.
- 10-11 Yard — Included: 1 ton; Maximum: 4.55 tons
- 12-13 Yard — Included: 1 ton; Maximum: 4.525 tons
- 15 Yard — Included: 1.5 tons; Maximum: 4.45 tons
- 20 Yard — Included: 2 tons; Maximum: 4.375 tons
Standard Weight Overage — $0.07 per pound
Landfills charge by weight, not by how full a dumpster appears. Standard weight above the included allowance and at or below the applicable maximum is billed at $0.07 per pound unless a material surcharge or another rate applies.
Dense and Heavy Materials — $0.10 per pound material surcharge
Concrete, brick, block, rock, gravel, dirt, soil, sod, sand, asphalt, roofing shingles, roofing material, large logs, tree trunks, railroad ties, plaster, masonry, and similar dense materials must be disclosed and approved before loading. These materials may be subject to dumpster-size, quantity, fill-height, and weight restrictions and are billed at $0.10 per pound as a heavy-material surcharge. Failure to disclose heavy or dense materials before loading may result in refusal of service and additional dry run, onsite manual unload, landfill reload, rejected-load, recovery, equipment, or disposal charges.
Dense material can exceed safe or legal hauling limits even when the dumpster appears less than half full. Dump It KC and its driver have final authority to determine whether a load can be moved safely and legally.
Overage and material fees are based on certified scale tickets, disposal-facility records, or Company's reasonable documented estimate when a scale ticket is unavailable. Customer may request to view an available scale ticket.
3. Additional Fees & Charges
All applicable fees are non-negotiable and may be charged to the card on file. The current restricted-item, contamination, cleanup, damage, and disposal fee schedule is incorporated into this Agreement and is available at: Restricted Item Dumpster Fees & Additional Charges. The fee disclosed and accepted at the time of booking or at the time an additional service is authorized controls.
- Extra Rental Days — $25 per day
Extra rental day fees begin automatically at 12:00 PM noon on the scheduled pickup day. A pickup request received after the cutoff, even by five (5) minutes, results in an additional rental day. - Same-Day Service Fee — $50
Applies to same-day swap-out or pickup requests made with less than four (4) hours' notice, subject to availability. - Standard Overweight Fee — $0.07 per pound
Applies to weight exceeding the included disposal allowance unless the Heavy-Material Surcharge or Maximum-Weight Overage Rate applies. - Heavy-Material Surcharge — $0.10 per pound
Applies to concrete, brick, block, rock, dirt, sod, sand, asphalt, roofing shingles, roofing material, railroad ties, large logs, and similar dense materials as described in Section 2. - Maximum-Weight Overage Rate — $0.10 per pound
Applies to all weight exceeding the maximum allowable tonnage for the rented dumpster size, if Dump It KC accepts the load for transport. - Dry Run Fee — $150
Applies when delivery, pickup, relocation, or other service cannot be completed because of blocked access, parked vehicles, unavailable placement instructions, inability to reach Customer, unsafe conditions, site limitations, HOA or permit issues, incorrect information, an unready load, frozen or stuck material, or another Customer-side condition. When delivery cannot be completed, any refund is reduced by the Dry Run Fee and other incurred charges. - Unsafe Load Fee — $100
Applies when debris extends above the top rim, hangs over the sides, protrudes from the dumpster, prevents door securement, or otherwise creates an unsafe transportation condition. - Dumpster Door Reload / Securement Fee — $150 per hour, one-hour minimum
Applies when contents must be removed, repositioned, or reloaded so the door, gate, latch, chain, pin, or load can be safely secured. - Onsite Manual Unload Fee — $150 per hour, one-hour minimum
Applies when Dump It KC must manually remove prohibited, rejected, unsafe, improperly loaded, or overweight materials at the Customer location. - Landfill Reload Fee — $150 per hour, one-hour minimum
Applies when materials must be reloaded, separated, or removed at a disposal facility. - Return Item Fee — $75 plus $3.00 per mile
Applies when prohibited or restricted materials must be transported back to Customer or another approved location. - Restricted-Item, Contamination, Cleanup, Damage, and Disposal Fees
Item-specific charges, processing fees, concealed-item fees, rejected-load fees, spill cleanup, decontamination, repainting, repair, equipment downtime, tire damage, and other related charges are assessed under the incorporated Restricted Item Dumpster Fees & Additional Charges schedule. - Fuel Surcharge — $3.00 per mile beyond 30 miles
Dump It KC's standard service area includes 30 miles. The maximum service distance is 50 miles unless otherwise approved in writing. - Cancellation Fee — $50
Applies to cancellations made within 24 hours of scheduled delivery and before dispatch. Once Dump It KC has dispatched or begun performance, the order may no longer be cancelled under the standard cancellation policy. Customer-side failure after dispatch is subject to the Dry Run Fee.
4. Dumpster Door Securement, Gate Responsibility & Safe Transport
Customer is solely responsible for ensuring that all dumpster doors, tailgates, chains, latches, locking mechanisms, pins, retaining hardware, and gate securement systems remain properly closed, latched, secured, and chained in substantially the same condition and manner in which they were delivered.
Customer shall inspect the dumpster before loading and periodically during loading to verify that the door remains secured.
If the dumpster gate, door, latch, chain, or securement system becomes opened, damaged, bypassed, overloaded, forced open, loaded against, improperly closed, or otherwise fails due to Customer loading activity, Customer assumes all resulting risk and expense.
If Dump It KC must remove debris, manually unload materials, reposition contents, reload contents, close the gate, secure the load, reposition the dumpster, perform repairs, dispatch additional personnel, return later for pickup, or take any corrective action to safely transport the dumpster, Customer agrees to pay the Dumpster Door Reload / Securement Fee of $150 per hour, with a one-hour minimum.
Customer shall also be responsible for dumpster door repair or replacement, trailer damage, hydraulic damage, frame damage, travel costs, equipment recovery costs, additional dump fees, additional hauling charges, cleanup costs, third-party recovery costs, and any additional cost incurred to remove the dumpster from the property safely.
Dump It KC may refuse pickup until the dumpster can be transported safely. Delayed pickup due to unsafe loading, unsecured doors, inaccessible conditions, overloading, or gate issues does not pause rental day charges.
Customer shall not attempt to move or reposition the dumpster to correct a door, gate, loading, access, or pickup problem. Unauthorized movement is governed by Section 9 and may result in a $75 to $150 fee plus all recovery and third-party costs.
5. Customer Responsibility for Permits & HOA Compliance
Customer is solely responsible for obtaining any required permits and ensuring full compliance with all local, city, county, state, and HOA regulations regarding dumpster placement, street occupancy, right-of-way use, visibility, time limits, or any other restrictions. Guidelines can be found here: Dumpster Permits and Compliance in Missouri. Failure to comply may result in fines, forced removal, relocation costs, or additional fees passed to Customer.
6. Binding Policies
By entering this Agreement, Customer agrees to be bound by all of Dump It KC's policies, which are incorporated herein by reference and form an essential part of this contract, including but not limited to:
- All legal policies: https://dumpitkc.com/legal
- Privacy Policy: https://dumpitkc.com/legal/privacy-policy
- Restricted-Item Fees & Additional Charges: https://dumpitkc.com/rent-a-dumpster-in-kansas-city/restricted-item-dumpster-fees
7. Waste Material Restrictions
Non-Hazardous Solid Waste Only.
Customer agrees not to place any liquid waste or any waste that is, or contains, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, biohazardous, infectious, toxic, or any hazardous wastes/substances ("Prohibited Waste") into the roll-off container. Prohibited Waste includes, but is not limited to: tires, paint/paint cans, batteries, ashes, oil, vehicle parts, sewage sludge, asbestos, chemicals, Freon-containing appliances, medical waste, propane tanks, fluorescent tubes, etc.
8. Inspection, Rejection & Right of Refusal
Title to and liability for Prohibited Waste remains with Customer. Dump It KC has the right to inspect, photograph, record, analyze, and/or test any waste. Company may refuse delivery, placement, service, loading, transport, disposal, or pickup at any time because of safety, access, legal compliance, prohibited materials, overloading, unsecured doors, uncertain placement, inadequate clearance, property conditions, equipment limitations, or another legitimate operational reason.
The Dump It KC driver has final authority at the site regarding safe access, placement, load condition, retrieval, and transport. Customer instructions do not require the driver to perform an action the driver reasonably believes is unsafe, unlawful, damaging, or impractical.
When a Customer-side condition prevents service after dispatch or arrival, the Dry Run Fee described in Sections 3 and 9 applies. Refusal of service does not eliminate Customer responsibility for extra rental days, onsite manual unloading, landfill reloading, door securement, restricted items, unsafe loads, recovery, cleanup, disposal, damage, or third-party costs already incurred.
9. Site Access, Delivery Communication, Property Damage & Acknowledgement
Clear Access Requirement. Customer grants safe and legal access and must ensure the street, driveway, approach, parking area, placement area, and retrieval path are clear and suitable for a commercial truck and roll-off trailer. All cars, trucks, trailers, equipment, and other obstructions must be removed from the driveway and from at least 60 feet on both sides of the driveway along the street before the scheduled delivery or pickup. Customer is responsible for contacting neighbors, tenants, contractors, employees, guests, or others when necessary to have vehicles or obstructions removed.
Customer must provide adequate turning, backing, overhead, and vertical clearance and remove or identify low tree limbs, wires, basketball goals, portable toilets, building materials, boats, trailers, construction equipment, gates, snow, ice, mud, and other hazards or obstructions.
Customer Telephone Availability. Customer agrees to remain reasonably available by telephone during the scheduled delivery and pickup window and to provide a working telephone number. When Dump It KC encounters uncertain placement instructions, blocked access, safety concerns, changed site conditions, or another issue requiring Customer direction, Company may call or text Customer. If Customer does not answer or respond promptly enough for the driver to complete service safely and remain on schedule, the driver may leave and the Dry Run Fee will apply.
Failed Delivery, Pickup, or Service. If Dump It KC cannot safely complete service because of parked vehicles, blocked access, inadequate clearance, unsuitable placement, unavailable Customer instructions, HOA or permit restrictions, incorrect information, an unready or unsafe load, frozen or stuck material, or another Customer-side condition, Dump It KC may leave, cancel, or reschedule service. Any refund is reduced by the $150 Dry Run Fee and other incurred charges. A later return trip may require an additional Dry Run Fee or other applicable charges.
No Movement of Dumpster. Customer and all third parties are strictly prohibited from moving, dragging, towing, lifting, pushing, pulling, rotating, jacking, winching, relocating, or repositioning the dumpster in any manner. Customer shall not use a vehicle, tractor, skid steer, forklift, jack, chain, winch, cable, pry bar, or other equipment to alter the dumpster's position.
Unauthorized movement is subject to a fee of $75 to $150, depending on the circumstances, plus all resulting costs. If Dump It KC cannot retrieve the dumpster with its own equipment because Customer moved it, Customer is responsible for all third-party towing, rollback, crane, heavy-equipment, recovery, labor, travel, repair, property-damage, and equipment-downtime costs.
Site Suitability and Property Risk. Customer confirms the site, driveway, lawn, path, approach, parking area, and placement area are suitable for delivery, placement, loading, and removal and capable of supporting the combined weight of the delivery equipment and a fully loaded dumpster.
Customer acknowledges that dumpster delivery and pickup involve heavy commercial vehicles and trailers and may require operation near or partially on the edge of driveways, yards, gravel, shoulders, landscaping, concrete, asphalt, pavers, easements, or similar surfaces. Customer assumes the risk of driveway cracking or settling, yard rutting, grass or landscape damage, concrete or asphalt damage, paver movement, utility damage, surface compression, drainage damage, and subsurface failure resulting from normal operations, except to the extent caused solely by Company's gross negligence or intentional misconduct where such limitation is permitted by law.
Frozen, Stuck, or Unremovable Loads. Customer is responsible for preventing debris from freezing, hardening, adhering, or becoming lodged in the dumpster. If contents cannot be emptied or the dumpster cannot be removed because of frozen material, hardened concrete, mud, adhesive, ice, overloading, settling, blocked access, or site conditions, additional rental days continue and dry-run, return-trip, cleanout, labor, recovery, and disposal charges may apply.
Customer authorizes reasonable access necessary to complete service and agrees that additional access work, recovery, towing, repositioning, or return trips required to remove Company equipment may be billed to Customer.
Photographic and Video Documentation. Customer authorizes Dump It KC to photograph or record the site, dumpster, load, property conditions, access route, delivery, pickup, scale tickets, restricted items, damage, contamination, and corrective work. Such records may be used to document service, assess charges, resolve disputes, support insurance or payment claims, and enforce this Agreement.
10. Payment Terms & Optional Add-Ons
Prepayment at reservation is required by debit or credit card; Dump It KC will keep the card on file and may maintain or adjust an authorization hold until the account reaches a zero balance. Additional charges, including overages, fees, damages, reload fees, extra days, chargeback fees, collection costs, and recovery costs, are due upon pickup, invoicing, discovery, or processing.
Optional Insurance Add-Ons
At the time of rental, Customer may elect to purchase the following optional protection add-ons. These are not required and do not replace Customer's overall responsibility for proper use and care of the dumpster.
- $89 Bin Insurance
Protects against incidental interior and exterior damage including dents, scrapes, and minor repairs that do not put the dumpster out of service.
Does NOT cover: Major structural damage, damage from overloading, prohibited materials, fire, unless Fire Insurance is also purchased, theft, loss, defacement, graffiti, vandalism, intentional damage, or any damage that renders the dumpster unusable or requires full replacement.
Full details: Bin Insurance Policy - $75 Fire Insurance
Covers internal dumpster fires including cleanup and minor fire-related surface damage that does not put the dumpster out of commission.
Does NOT cover: Fires caused by prohibited materials, major structural fire damage, total loss of the dumpster, or fires that put the dumpster out of service for extended periods.
Full details: Fire Insurance Policy
These add-ons are internal protection plans offered by Dump It KC. Coverage is subject to the terms outlined in the linked policies. Customer should review the full policy details before purchase.
Customer Responsibility for Damage Beyond Insurance
Even if insurance is purchased, Customer remains fully responsible for any damage, theft, loss, defacement, or vandalism that falls outside the limited scope of the purchased add-on. In such cases, Customer will be billed the full replacement or repair cost according to the Damaged Dumpster & Add-On Fees schedule at https://dumpitkc.com/damaged-dumpster-addon-fees.
Optional Add-On Items & Damage/Loss Replacement
Customer may elect to rent optional add-on items, including tarps, locks, ramps, doors, etc., at the time of rental. These items are provided in good condition and remain the property of Dump It KC.
Customer agrees to return all add-on items in the same condition as received, normal wear excepted. If any add-on item is lost, stolen, damaged beyond normal wear, or not returned, Customer will be charged the full replacement cost as listed on the Damaged Dumpster & Add-On Fees schedule at https://dumpitkc.com/damaged-dumpster-addon-fees.
Customer acknowledges that replacement fees are non-negotiable and will be charged to the card on file. These fees cover the cost of replacement materials, labor, downtime, and administrative processing. Customer is responsible for securing add-on items against theft or loss during the rental period.
11. Payment Authorization, Authorization Holds, Third-Party Payments & Fraud Prevention
Customer represents and warrants that the person placing the order and the person providing payment are either the authorized cardholder or an authorized representative acting with express permission of the authorized cardholder.
If payment is submitted by a spouse, family member, friend, contractor, employer, property owner, tenant, employee, business, agent, representative, or any other third party, Customer and cardholder jointly authorize the transaction and remain jointly and severally responsible for all charges, fees, overages, damages, rental day charges, replacement costs, recovery costs, disposal costs, and obligations under this Agreement.
The cardholder acknowledges and agrees that permitting another person to use their payment method constitutes authorization for the transaction, delivery, pickup, and all charges arising from the rental.
Authorization Hold. Dump It KC may place a $200 authorization hold on the Customer's debit or credit card to secure payment of overweight charges, restricted-item fees, extra rental days, damage, cleanup, recovery, and other amounts that may be determined after delivery or pickup. An authorization hold is not a completed charge; it reserves available credit or funds according to the card issuer's rules.
Dump It KC reserves the right to increase, decrease, renew, or maintain the authorization hold when Company deems it reasonably necessary based on dumpster size, rental duration, job type, disclosed or anticipated materials, anticipated weight, prior customer history, payment risk, property conditions, contractor or commercial use, dense-material use, restricted-item risk, or another legitimate operational factor. Customer authorizes such hold adjustments, subject to applicable card-network and payment-processing rules.
If no additional amount is owed, Dump It KC will release the hold when the booking is closed. The timing for funds to become available is controlled by Customer's bank or card issuer. If charges are owed, Dump It KC may capture the amount due from the held funds and release any remaining balance. Customer remains responsible for any amount exceeding the hold.
Dump It KC is entitled to rely on the information provided at booking and has no obligation to independently verify card ownership, relationship between parties, property ownership, occupancy status, contractor authority, tenant authority, or any internal arrangement between Customer, cardholder, property owner, occupant, contractor, family member, friend, or third party.
Any dispute between Customer and cardholder, or between Customer and any friend, family member, contractor, tenant, employee, property owner, business, or third party, shall not affect Customer's payment obligations to Dump It KC.
Delivery of the dumpster to the address provided during booking constitutes substantial performance and delivery of the contracted service.
Proof of delivery and performance may include GPS records, photographs, video, dispatch records, driver notes, text messages, emails, call logs, electronic signatures, order confirmations, timestamps, pickup records, invoices, payment records, customer communications, scale tickets, and business records maintained by Dump It KC.
Customer agrees such records may be relied upon as evidence of authorization, delivery, acceptance, service completion, load condition, property condition, charges, and performance.
Dump It KC reserves the right to request identification, card verification, address verification, signed authorization, selfie verification, property authorization, or additional fraud prevention measures before delivery. Failure to provide requested verification may result in cancellation, refusal of delivery, or refusal of service.
Customer agrees not to dispute charges based upon use of the dumpster by another individual after delivery, disputes among friends or family, contractor arrangements, forgotten purchases, occupancy disputes, tenant disputes, property owner disputes, third-party benefit from the rental, or another person loading, using, requesting, or benefiting from the dumpster.
12. Unauthorized Dumping by Third Parties
Customer is responsible for the contents of the dumpster at all times while it is in their possession. If third parties, including neighbors, passersby, contractors, tenants, employees, guests, family members, friends, or others deposit materials into the dumpster without Customer's permission ("unauthorized dumping"), Dump It KC is not responsible for removing those items. Customer will be solely responsible for any additional weight charges, overage fees, restricted item fees, cleaning fees, or disposal costs resulting from unauthorized dumping. If the unauthorized material requires off-loading or a separate trip, the applicable Onsite Manual Unload Fee, Landfill Reload Fee, Dumpster Door Reload / Securement Fee, Return Item Fee, or other applicable fee will also apply.
13. Restricted Items & Associated Fees
If restricted or prohibited items are discovered, including but not limited to those described in Section 7, Dump It KC may take one or more of the following actions:
- Refuse pickup, transport, or disposal until Customer removes or corrects the material;
- Perform or arrange onsite manual unloading, landfill reloading, sorting, containment, cleanup, decontamination, repair, recovery, or other corrective work;
- Return restricted items to Customer or another approved location when safe and legally permissible;
- Charge the applicable restricted-item, processing, concealed-item, rejected-load, contamination, cleanup, handling, disposal, repair, downtime, transportation, and recovery fees under the incorporated fee schedule; and
- Report or surrender materials to a disposal facility, governmental authority, emergency responder, environmental contractor, or other appropriate party when required for safety or legal compliance.
Customer is solely responsible for all fees, costs, fines, penalties, surcharges, cleanup expenses, repair expenses, equipment downtime, third-party charges, and disposal consequences resulting from restricted or prohibited items. The complete incorporated schedule is available at: Restricted Item Dumpster Fees & Additional Charges.
14. Indemnification & Liability Waiver
Customer agrees to indemnify, defend, and hold harmless Dump It KC, its owners, employees, agents, contractors, representatives, insurers, successors, and assigns from any claims, damages, fines, losses, chargebacks, payment disputes, injuries, property damage, recovery costs, collection costs, attorney fees, arbitration costs, or liabilities arising from Customer's use of the dumpster, payment authorization, third-party payment disputes, site conditions, driveway or yard conditions, prohibited materials, overloading, unsecured doors, unsafe loading, failure to request pickup before the cutoff, unauthorized dumping, unauthorized dumpster movement, inability to reach Customer, property access issues, parked vehicles, or Customer negligence.
15. Missouri Governing Law, Dispute Resolution, Arbitration & Payment Disputes
This Agreement shall be governed exclusively by the laws of the State of Missouri.
Before filing any lawsuit, arbitration, chargeback, ACH reversal, payment dispute, complaint, or legal proceeding, Customer agrees to provide written notice to Dump It KC and allow at least fourteen (14) calendar days for informal resolution.
Any dispute arising from or relating to this Agreement, the rental, payment, delivery, pickup, condition of property, services rendered, fees charged, communications, use of the dumpster, damage claims, payment authorization, third-party card use, chargebacks, or alleged non-performance shall be resolved exclusively through binding arbitration in Jackson County, Missouri under applicable commercial arbitration rules.
Customer waives jury trial rights and agrees not to participate in any class action, consolidated action, representative action, or collective proceeding.
Chargeback Restriction. Customer agrees not to initiate a chargeback, ACH reversal, bank dispute, payment dispute, or card dispute until the dispute resolution and arbitration procedures of this Agreement have been completed.
Initiating a chargeback, ACH reversal, bank dispute, payment dispute, or card dispute prior to completion of arbitration constitutes a material breach of this Agreement.
If Dump It KC successfully demonstrates authorization, delivery, performance, acceptance, customer responsibility, or contractual responsibility, Customer agrees to reimburse chargeback fees, merchant processing fees, collection costs, administrative expenses, reasonable attorney fees where permitted, arbitration costs, investigation costs, outstanding balances, recovery costs, and all amounts owed under this Agreement.
The prevailing party in any arbitration, collection action, or court proceeding related to enforcement of this Agreement may recover reasonable attorney fees, arbitration costs, filing fees, collection costs, and expenses where permitted by Missouri law.
16. Force Majeure & Other Terms
Dump It KC is not liable for delays or non-performance due to events beyond reasonable control, including weather, road closures, landfill closures, landfill delays, equipment breakdown, traffic, accidents, emergency conditions, labor shortages, fuel shortages, government restrictions, acts of God, unsafe conditions, blocked access, or any condition outside Company's reasonable control.
A Company delay in delivery or pickup caused by such conditions does not create liability for consequential damages, lost profits, contractor delay, project delay, substitute-service costs, or other indirect losses. Customer remains responsible for keeping the site accessible and the load safe while the dumpster remains at the property.
17. Company Insurance
Dump It KC maintains commercial general liability and automobile liability insurance, including trailer coverage. Certificates available on request. Insurance does not cover Customer items, Customer property, driveway or yard damage caused by normal operations, site conditions, Customer negligence, improper loading, overloading, prohibited items, payment disputes, or third-party claims arising from Customer's use of the dumpster. No workers' compensation insurance is maintained.
18. Severability & Entire Agreement
Severability: If any provision is invalid, unlawful, or unenforceable, the remainder remains in full force and effect.
Entire Agreement: This Agreement, together with the booking confirmation, incorporated policies, invoices, payment records, and written communications, constitutes the entire agreement between the parties. No oral modifications are valid unless confirmed in writing by Dump It KC.
Acknowledgement & Electronic Signature
This Agreement, together with the booking confirmation, constitutes the entire agreement between the parties and supersedes all prior understandings. By completing the booking form, checking the agreement box, authorizing payment, accepting delivery, using the dumpster, or signing electronically or otherwise, Customer acknowledges that they have read, understood, and agreed to all terms above, confirms they are 18 years of age or older, and are authorized to bind the property, cardholder, customer, business, contractor, tenant, property owner, or party receiving service.