THIS AGREEMENT (“Agreement”), is made and entered into effective as of the date indicated with your signature below and is by and between ECO ERA, LLC (DBA “TOSS Bins”), a Tennessee limited liability company and you, as the owner of the real property (“Property Owner”) or as authorized agent and/or contractor (“Contractor”) on behalf of the Property Owner, at which services are requested hereunder, with you being referred to herein as “you” and/or “Customer”.   Pursuant to the terms and conditions set forth herein, TOSS Bins agrees to furnish the Container specified in Customer’s request and deposit the Container at the address requested by Customer (herein the “Site”) in a precise area designated by Customer for collection and removal of Approved Waste Materials, as hereafter defined.  Customer agrees to provide payment for any requested services in those amounts as more particularly set forth on TOSS Bins’s cost schedule located on the company’s website, which cost schedule can be provided directly to Customer upon request.  The term “Container” as used herein shall reference either a dumpster or dumpster bag, as applicable to Customer’s request.

  

Customer understands and agrees that all services rendered hereunder are charged directly to the Customer and that Customer is personally responsible for payment.  

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Contractor/Agent Acknowledgement: 

If the Customer is not the Property Owner, the Customer affirms that he/she has been authorized by the Property Owner, to enter into this Terms of Service Agreement with TOSS Bins, LLC and does hereby agree to the terms and conditions set forth herein on behalf of the Property Owner  and does hereby agree to be bound by the terms of this Agreement.

 

Damage to Property: 

Customer understands that TOSS Bins uses equipment and procedures intended to reduce risk of damage to residential properties and that TOSS Bins will use reasonable precautions at delivery and removal of the Container at Site. However, Customer also understands that due to uncertain soil conditions and sub surface terrain, which conditions are unknown to TOSS Bins and its agents, it is the Customer’s responsibility to ensure the right of way provided for service is sufficient to bear the weight of all of TOSS Bins’s equipment, Container and contents. Please contact TOSS Bins with any concerns prior to scheduling service at Site.  

 

Customer hereby assumes all responsibility for any damage that may result to the Site, including but not limited to driveway, sidewalk, curb, yard or subsurface utilities, such as sprinkler heads and water lines resulting from trucks servicing an agreed upon area.  

 

Customer assumes all responsibility, liability, and obligations and shall hold harmless and indemnify TOSS Bins for all fines, charges, liabilities, expenses, fees of environmental professionals, and reasonable attorney’s fees incurred by TOSS Bins in connection with this Agreement including but not limited to any such claims relating to the location of the Container at the Site and any materials placed in the Container while located at the Site. 

 

Usage of Container:  

Customer shall ONLY be permitted to deposit WASTE MATERIAL in the Container.  For purposes of this Agreement, “Waste Material” shall be mean solid waste generated by Customer, whether due to personal, clean out or renovation purposes, but excluding the following UNACCEPTABLE MATERIALS: 

• Household Hazardous Waste: Tires, Batteries, Computers, TV’s, Hot Water Heaters, Barrels, Liquid Paint, Liquid Waste, Lawn Mowers, Gas Engines, Condensers, Household Garbage, Solvents/Paint Thinners, Motor Oil, Used Oil Filters, Propane Tanks, Gas Tanks, Gas Cylinders, Freon Tanks, and Appliances containing freon (i.e. refrigerators, freezers, HVAC units) 
   

• General Hazardous Waste: radioactive waste, corrosive waste, ignitable waste, toxic waste, animals, medical waste, asbestos, and any materials that are volatile, flammable, explosive, biomedical, infectious, toxic, or any other hazardous material whatsoever. The term “hazardous material” shall include but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, an enabled or applicable state law. 
   

This list may not be all inclusive, please call with specific questions. Any loads rejected by the landfill due to inclusion in the Container of any Unacceptable Materials are subject to a contamination fee and billable directly to the Customer. 
 

TOSS Bins will not acquire title to Customer’s Waste Material at any time and Customer shall remain at all times solely responsible for the contents of the Container from the time delivered to the Site until accepted by the disposal facility. Title to and liability for any Unacceptable Materials shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless TOSS Bins from and against any and all damages, penalties, fines and liabilities incurred by TOSS Bins which result or arise out of the inclusion of any Unacceptable Materials in the Container.  
 

DO NOT LOAD ABOVE THE TOP RIM OF THE CONTAINER.  All Containers shall not be overloaded by weight on either side or end of the dumpster or above the top rail.  
 

DO NOT EXCEED WEIGHT LIMITS. All materials must fit at or below the top rim in order to ensure safe transportation of the materials. Customer acknowledges that weight restrictions prohibit more than one cubic yard of masonry (brick, stone, concrete, rock, asphalt), dirt or plaster in any loading of Container. Roofing shingles are subject to separate capacity restrictions and may be charged at a higher rate than regular waste, cleanout and renovation material. Please see website for details or call us with questions. 
 

NOTE THE FOLLOWING ADDITIONAL FEES WITH REGARD TO USAGE AND LOADING:  

1. Neither excess materials nor hazardous materials will be removed by the driver.  TOSS Bins reserves the right to refuse removal of the Container from the Site if the Container has been deemed unsafe to transport. In said case, Customer will be required to remedy the issue(s) such that the Container is loaded within defined safety limits. Customer will be subject to a trip fee of at least $49, shall be responsible for any additional charges and shall reschedule pick-up. Excess fill of Containers due to dumping by anyone other than the Customer is the responsibility of Customer.
    

2. Customer shall be and remain responsible for all Hazardous Waste placed in the Container, by customer or other parties. Any materials deemed Hazardous Waste may be subject to rejection or additional disposal fees. Any Hazardous Waste discovered at dumping of Container will result in Customer incurring a fee of not less than Three Hundred and no/100 Dollars ($300.00) payable to TOSS Bins in addition to any fines or penalties incurred from any governmental entity or dumping facilities, and all materials in question may be returned to the Site at Customer’s sole cost and expense. 
    

DO NOT MOVE DUMPSTERS. Once placed in position, do NOT attempt to move a Dumpster. If the Dumpster is moved, Customer agrees to be liable for any damage to the Dumpster as well as all additional associated injuries or property damages, move, or clean up fees.  

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USE CAUTION WHEN OPERATING DUMPSTER DOOR. Keep children out of/away from the Dumpster. TOSS Bins assumes NO RESPONSIBILITY AND CUSTOMER WAIVES ALL LIABILITIES for injuries to any person sustained while the Dumpster is located at Site. 
 

Using machinery to load material into Dumpsters is not permitted.  

Delivery and Pickup Services: 

Every effort will be made to deliver or pickup / empty customer Container within timeframe provided. However, due to traffic conditions, inclement weather or mechanical issues, service times or dates could vary. We will promptly contact you if there are delays in service.  

Customer agrees to provide unobstructed access to Container on the arranged collection day. If the Container is inaccessible so that the scheduled pick up cannot be made, TOSS Bins will promptly notify the Customer and afford the Customer a reasonable opportunity to provide the access and complete the service. However, TOSS Bins reserves the right to charge an additional fee for Customer’s failure to provide the requested access. If access is not obtained at the initial collection appointment, a cancellation/reschedule fee will be applied. This fee can be found on the website or by calling TOSS Bins. 

Customer hereby agrees to comply with all ordinances, laws, rules, and requirements for rental and placement of Dumpster and is liable for any citations/fines. Customer may be required to have a parking permit/license by local municipality, governmental entity, or association for placements of Dumpsters at certain locations (i.e. on the street). TOSS Bins is not liable for any fines, fees, penalties or citations as a result of Customer’s noncompliance with local ordinances or failure to procure such permit/license. 

Payment: 

Unless otherwise agreed the customer shall make PAYMENT IN ADVANCE for all quoted services, by either Major Credit Card, Debit Card, Cash, Money Order or Pre-approved personal or business check. Customer's paying via Cash, Check or Money Order are subject to a security deposit, the amount of such deposit to be determined at the time of order.  
 

In the event Customer fails to perform its obligation to remit payment when due under for any service performed hereunder, TOSS Bins reserves the right to REMOVE the Container from the Site without obtaining prior consent or approval from Customer. 
 

In the event Customer fails to perform its obligation to remit payment, and payment is collected through an attorney, collection agency or other proceedings, then Customer agrees to pay in addition to the amount due, reasonable attorney’s fees, court costs, interests and other applicable fees incurred by TOSS Bins.  
 

TOSS Bins is not responsible for agreements made by its drivers or agents.  
 

Customer understands that if service is suspended or terminated, any fees for services rendered to Customer will be immediately due and payable. The customer understands that interest may be charged on overdue accounts at the highest rate allowable by Tennessee law.  
 

Each of the above fees will be charged to the credit card on file prior to the date the specified service is to be provided or payable in check at time service is performed.  
 

For all amounts billed and not paid in advance, Customer shall make payment within five (5) days after the date of an invoice from TOSS Bins. TOSS Bins may impose, and Customer agrees to pay, a late fee no greater than that allowed by law on balances not paid within five (5) days of the date of the invoice. In the event that any payment is not made when due, TOSS Bins may, at his sole option, implement all legal recourses to recover all past due payments. Company reserves the right to charge a fee no greater than that allowed by law on all Customer checks returned for insufficient funds including, but not limited to attorney fees, court costs, bank fees and an applied interest rate equal to the highest rate allowable under Tennessee law. 

Miscellaneous: 

THE VALIDITY, INTERPRETATION, ENFORCEMENT AND EFFECT OF THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TENNESSEE.