Terms of Service and Conditions of Use

Dump Trailer Rental - Terms of Service and Conditions of Use

 

Please read these terms and conditions carefully. By accessing our site or using our services, you acknowledge that you understand, agree, and are bound by these terms.

 

Everything will be handled electronically. Upon collecting the required information, UpShot will email the Customer a quote for review. Once the Customer has accepted the quote, UpShot will email the Customer an invoice for acknowledgment and payment.

 

These terms ("Agreement") are by and between UpShot Cleaning Services LLC ("UpShot") and you, the Customer ("Customer" ") ("collectively the parties" ") ("you"). Any individual entering the terms of service and condition of use represents and warrants that he or she is of legal age and has the authority and power to accept and sign this Agreement.

 

USE OF DUMP TRAILER. 

1. Customer is familiar with the proper operation and use of each item of dump trailer. Customer has selected the dump trailer based on its requirements and will not use or allow anyone who is not a qualified operator to use it for an illegal purpose or in an unlawful manner. Customer agrees to maintain and carry, at the Customer's sole cost, proof of insurance (minimum general liability) to rent a dump trailer from UpShot. 

 

2. Customer understands the rental time for the dump trailer. Single-day rentals expire within 24 hours. Rental charges accrue during Saturdays, Sundays, and holidays if the dump trailer is under the Customer's possession beyond the agreed rental period. The dump trailer delivery and pickup service fee can range from $55 to $99 and requires a minimum 2-day rental. 

 

3. The Customer is responsible for the disposal fees at the landfill site. The cost is based on the final weight of the type of solid waste/recyclables contained in the dump trailer at the time of disposal. 

 

4. Do not overload the dump trailer; load to the fill line only. For the dump trailer delivery and pickup service, any overload citations or legal judgments against UpShot while hauling from the Customer's job site will be paid by the Customer, and or the dump trailer may not be moved for safety reasons. The Customer is responsible for unloading excess debris at their expense.  

 

For the dump trailer Delivery and Pickup service only: 

5(a). The Customer will accept full responsibility for the dump trailer's contents and agree to additional charges if the dumpster contains unacceptable materials or exceeds the allotted weight limit for the rental. Overweight charges are billed at $45 per ton. Please note that the following items are unacceptable for pickup:

• Tires

• Paint

• Chemicals

• Solvents of any kind

• Oil

• Fuels

• No fires or shouldering materials in the dumpster

• Herbicides and pesticides

• Asbestos

• Radioactive

• Highly flammable

• Explosives

• Bio-medical

• Liquid wastes

• Freon

• Toxic or hazardous material

• Refrigerators

(Any of the above items discovered at the landfill will incur a $50 charge for each piece plus any additional charge equivalent to fines received.)

 

5(b). Customer is responsible for providing clear and unobstructed access to the dump trailer on collection day. If the dumpster is inaccessible on the scheduled collection day, the Customer will be notified and charged a trip fee for the unsuccessful dumpster supply. Valid reasons for UpShot to charge a Customer the trip fee include but are not limited to overloaded containers, tree branches, cars or any items or materials blocking access to pick up or drop off a container, and material heaped up or hanging over the sides of the container, containers that are too heavy to be removed, and inaccessible driveways. The trip fee can range anywhere from $100-$150. This fee covers the driver's pay, fuel, and time for re-routing the driver's planned schedule.

 

5(c). The Customer must not move the dump trailer. UpShot will move the dump trailer upon request; however, a service fee will apply. In the event the Customer moves the dump trailer from the original location, the Customer accepts responsibility for any damages to the dump trailer while on the job site. Costs of injuries will be charged back to the Customer.

 

5(d). Rental time stops once the Customer has notified UpShot that the dumpster is ready for removal.

 

INSPECTION OF DUMP TRAILER. Customer acknowledges that Customer has inspected the Equipment before taking possession, finds it in good working order and repair, and is suitable for Customer's needs. The Customer further acknowledges and commits to following the Operation & Safety Tips available on UpShot's website https://www.upshotcleaningsvcs.com/dumptrailerrentals.

 

INDEMNITIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPSHOT BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO DAMAGE TO CUSTOMER'S PROPERTY, PAVEMENT, CURBING DRIVEWAYS, WALKWAYS, LANDSCAPING AND OR LAWN WHICH IS RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER'S PREMISES EVEN IF UPSHOT HAS BEEN ADVISED OF, KNOWS OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

THE CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST UPSHOT RELATING TO OR ARISING FROM THE CUSTOMER'S RENTAL OF THE EQUIPMENT AND OR COMPANY'S PERFORMANCE UNDER THESE TERMS. 

 

UPSHOT'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, will be limited to, at UPSHOT'S option, replacement or correction of any services not in conformance with this Agreement or to the repayment of the portion of compensation paid by the Customer attributable to the nonconforming services.

 

LIMITATION OF LIABILITY. In no event shall Upshot be liable or responsible to Customer or any other party for: (A) any loss, damage or injury caused by, resulting from or in any way connected with the dump trailer, its operation or its use, or services; (B) UpShot's failure to deliver the dump trailer as required hereunder or UpShot's failure to repair or replace non-working dump trailer; (C) any incidental, consequential, punitive or special damages, including damages resulting from the delay to any ongoing projects, in connection with this Agreement or its subject matter under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or product liability, even if so advised of the possibility of such damages, if such damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedies of its essential purpose; or (D) any liquidated damages. Customer acknowledges and assumes all risks inherent in the operation, use, and possession of the dump trailer from the time the dump trailer is picked up by Customer or delivered to Customer until the dump trailer is returned to UpShot and will take all necessary precautions to protect all persons and property from injury or damage from the dump trailer.

 

WARRANTY. UPSHOT WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON RENTAL AND THAT THE SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR THE CUSTOMER'S INTENDED USE OR THAT IT IS FREE FROM DEFECTS OR CONTAMINANTS.

 

MALFUNCTION. Should the dump trailer be involved in an accident, become unsafe, malfunction, or require repair, the Customer shall immediately cease using the dump trailer and immediately notify UPshot. If such a condition results from a regular operation, UpShot will repair or replace the dump trailer with a reasonably similar dump trailer in working order if such a replacement dump trailer is available. UpShot has no obligation to repair or replace dump trailer rendered inoperable by misuse, abuse, or neglect. Customer's sole remedy for any failure or defect in the dump trailer shall be the termination of any rental charges accruing after the time of failure. Customer must return the dump trailer to the pickup location within twenty-four (24) hours from the time of defect to terminate rental charges.

 

MEDIATION. If either party breaches these terms and conditions, the breaching party shall pay all reasonable attorney fees, collection fees, and costs of the other party incident to any action brought to enforce this Agreement. 

 

COMMUNICATION. By accepting these terms, you agree to receive communications from UpShot via call, text, and/or email, including transactional communications.

 

RESERVATIONS. The Customer shall need to fulfill the payment requested by UpShot prior to the delivery of the service to guarantee the reservation. Any service order, once placed with and accepted by UpShot, may not be canceled by Customer except upon the consent of UpShot, which may be withheld within the sole discretion of UpShot. In the event that UpShot agrees to accept a cancellation after acceptance of the Customer's order, then UpShot shall be entitled to a cancellation fee. Cancellations with more than 48 hours' notice from the reservation date will be charged a $25 cancellation fee. UpShot's refund to your credit card will be for the amount charged minus $25, which will be credited towards your next order. Cancellations with less than 48 hours' notice will be charged a $50 cancellation fee. UpShot's refund will be for the amount charged minus $50, of which only $25 will credited towards your next order. 

 

PAYMENT. The Customer shall pay by any digital payment network accepted by Upshot or online invoices. UpShot will inform the Customer of additional charges, which will apply to the amount on file before invoicing. The Customer shall be liable for all taxes, fees, or other charges imposed by federal, state, and local laws and regulations. Customer understands that in the event the Customer fails to pay in full money dues, UpShot may refer such matters to an attorney or collection agency. Customer agrees to pay, in addition to any amount due, all costs incurred by UpShot as a result of this action, including court fees, collection fees, and late fees ($30 fee on returned checks). Once an account enters collection status, a mechanic's lien will be placed on the property.

 

CUSTOMER ADDITIONAL RESPONSIBILITIES. Customer acknowledges and accepts: (a) responsibility for all loss or damage (including theft) to the dump trailer and its contents (e.g., portable air pump, automatic controller, locks, etc.) while in possession; (b) agrees to additional charges if the dump trailer is returned damaged structurally or cosmetically while in the Customer's possession; (c) agrees to pay the total amount of the repair plus a minimum $500 fine while the dumpster is out of service; (D) is responsible for any fines, impounds, or costs incurred from the state, country, or city jurisdictions while the dump trailer is on the Customer's job site.

 

RESOLUTION OF ANY DISPUTE. In the event a dispute arises between the Customer and UpShot, UpShot will provide the Customer with an efficient, neutral, and cost-effective means of resolving the conflict. Most concerns can be resolved quickly and to the Customer's satisfaction by calling, texting, and or emailing the customer support department, which may be accessed by clicking on the "Customer Support" link at the bottom of every page on the website. 

 

MODIFICATION OF TERMS. UpShot reserves the right to modify or change these terms and conditions at any time. Any modification will be reflected in these terms as of the "Last update" date above and effective immediately upon public posting on UpShot's website. Customer's continued use of the Equipment following any such modification constitutes the Customer's acceptance of these modified terms and conditions. Except for changes described here, this amendment or modification of these terms and conditions will only be effective if in writing and signed by the parties.

 

PROHIBITED CONDUCT. The Customer is solely responsible for their conduct while on this site and agrees to abide by all laws, contracts, intellectual property, and third-party rights.

 

SEVERABILITY OF PROVISIONS. In the event that any portion of this Agreement is deemed unenforceable, all other provisions of this note shall remain in full force and effect. 

 

TERMINATION. UpShot Cleaning Services LLC reserves the right to terminate any services if it deems these terms of service and conditions of use violated.

 

This Term of Service and Conditions of Use Agreement shall be interpreted under the laws of the State of Texas.

 

The section and paragraph headings on this page are for the convenience of reference only and shall not affect this Agreement's meaning, construction, scope, or effect.