Container Terms & Conditions
*** Before ordering a container, we recommend walking the area where you want to place the container and check for overhead hazards like powerlines and tree branches. Roll-off trucks require up to 20 feet of aerial space and the full length of the container and truck/trailer for loading and unloading. ***
MUST READ: Read Our Terms & Conditions AND Then Consent To The Terms
TERMS OF SERVICE AGREEMENT
1. AGREEMENT AND ACCEPTANCE
This Terms of Service Agreement (“Agreement”) is entered into between Empire Waste Systems, collectively referred to as (“Company,” “we,” “us,” or “our”), and the party renting roll-off container services (“Customer,” “you,” or “your”). By ordering, accepting delivery, or using any container rental services, Customer acknowledges that they have read, understood, and agreed to be bound by all terms and conditions herein.
2. EQUIPMENT RENTAL AND CUSTOMER OBLIGATIONS
- 2.1 Available Sizes: The Company provides roll-off container rental services according to the terms selected at the time of order placement. Available sizes include: 10 Yard, 20 Yard, 30 Yard, and 40 Yard containers.
- 2.2 Compliance: Customer acknowledges sole responsibility for ensuring compliance with all applicable federal, state, and local laws, regulations, ordinances, and permit requirements related to container placement and waste disposal.
- 2.3 Authority: Customer warrants that they have proper authority to place the container at the designated location and have obtained all necessary permissions from property owners, homeowners’ associations, or municipal authorities.
3. CONTAINER PLACEMENT, ACCESS, AND PROPERTY DAMAGE
- 3.1 Placement Location: Customer shall designate a safe, accessible location for container placement. The delivery area must provide adequate overhead clearance, ground stability, and access for Company vehicles. No parking is permitted in front of containers.
- 3.2 Clear Access: Customer is responsible for ensuring clear and unobstructed access to the container at all times during the rental period, including at the time of scheduled pickup.
- 3.3 Property Damage Disclaimer: The Company is not responsible for driveway or property damage. Company shall not be liable for damage to driveways, pavers, landscaping, ornamental concrete, underground utilities, septic systems, low-hanging wires, or any property resulting from container delivery, placement, or removal. Customer accepts full responsibility for any damage to their property or third-party property.
- 3.4 Driveway Protection Requirements: For driveways with pavers, delicate, fancy, or ornamental concrete, owners are required to provide 3/4 inch plywood cut into two 8’x18” strips and two 2’x2’ strips to be placed under the dumpster for protection.
- 3.5 Driver Discretion and Unsafe Conditions: Final placement location and delivery/pickup approach are subject to the driver’s sole discretion based on safety, access, ground stability, overhead clearance, weather, and risk of property damage. The Company may refuse to drive across lawns, soft ground, unstable terrain, sidewalks, or driveways.
- 3.6 Blocked Access & Failed Attempts: If the Company is unable to access, deliver, or pick up a container due to obstructions, locked gates, vehicles, construction equipment, or any other barrier, Customer will be charged a dry run/failed delivery fee ranging from $200 to $350 (depending on location).
4. WEIGHT LIMITS, OVERLOADING, AND OVERAGE FEES
- 4.1 Weight Allowance: Each container rental includes a specified weight allowance determined at the time of order placement.
- 4.2 Fill Lines: Customer must strictly respect all FILL LINES on the dumpsters. Loads filled over the lines are subject to additional fees and/or refusal of transport.
- 4.3 Overage Rates: If the container weight exceeds the included allowance, Customer will be charged an overage fee based on disposal facility measurements:
- 10 Yarder Containers – 8 Tons
- 20 Yard Containers – 2.5 Tons
- 30 Yard Containers – 4 Tons
- 40 Yard Containers – 7 Tons
- 20 & 30 Yard Containers can go up to 8 tons but will incur a fee of $80 per ton over the allotted weight
- Violation of weight more than 8 tons will incur a fee of $210 per ton
- Boxes that are deemed unsafe to transport will be refused
- 4.4 Loading Restrictions & Heavy Equipment:
- Customer is solely responsible for loading the container safely and distributing the weight evenly.
- Do not use heavy equipment of any type to pack down or compact waste. If a dumpster is encountered with compacted waste, price and weight restrictions will be reevaluated on an individual basis.
- If a load becomes stuck (e.g., wet concrete, oversized items) and the Company must use heavy equipment to dislodge items, a minimum charge of $200 will apply for downtime and equipment.
- 4.5 Excess Material & Refusal: The driver reserves the right to refuse pickup of any overloaded or improperly loaded container. Customer is responsible for all costs to remove excess materials and clear any fallen debris.
5. PROHIBITED AND RESTRICTED MATERIALS
- 5.1 Prohibited Waste: Customer shall NOT place any of the following items in the rented container:
- Food waste, household garbage, or organic kitchen waste.
- Paint, liquids, oils, fuels, chemicals, or propane tanks/pressurized cylinders.
- Batteries, electronics (TVs, monitors), or Freon-containing appliances (refrigerators, freezers, AC units).
- Medical, biological, radioactive, or hazardous waste (as defined under RCRA, federal, or state law).
- Asbestos or contaminated soils.
- Tires (subject to a $25 per tire environmental fee if found).
- 5.2 Strict Heavy Material Mandate: All concrete, dirt, rocks, asphalt, and sod must be placed in a 10 Yard box only! No exceptions.
- Note on Loaders: If using a loader to fill dumpsters, be aware that you will likely pick up extra dirt, exponentially increasing the weight.
- If heavy materials (concrete, rock, dirt, etc.) are found in larger boxes resulting in an overweight status, the customer faces: a failed pickup fee ($200–$350), and a fee for additional dumpsters needed to split the load, and the responsibility/time to transfer materials.
- 5.3 Special Materials: Call the office for specific pricing and procedures regarding manure. Concrete dumpsters containing wet concrete that cures inside will be scraped out at the Customer’s expense.
- 5.4 Violations and Indemnity: If prohibited materials are discovered, Customer is liable for all specialized handling fees, facility surcharges, and environmental fines, and agrees to indemnify the Company against all associated legal claims.
6. RENTAL PERIOD, SCHEDULING, AND PICKUP
- 6.1 Standard Rental Periods:
- 20 and 30 Yard Dumpsters: 3 through 7 days.
- 10 and 40 Yard Dumpsters: 7 days
- 6.2 Extensions: Additional days beyond the agreed rental period will be charged at a rate of $58 per week.
- 6.3 Communication Requirement: Customer must explicitly notify the office to schedule swaps, deliveries, and pickups. The Company assumes the customer is keeping the box if not explicitly notified otherwise. A minimum of 24 hours’ notice is required for scheduling.
- 6.4 Driver Wait Time: Any driver wait time or load-rearranging time caused by the customer will be billed directly to the customer.
7. FEES AND ADDITIONAL CHARGES
By entering into this agreement, Customer authorizes charges for the following rate schedule as applicable:
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Charge Type
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Fee / Rate
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Extra Rental Week
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$58 per week
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Tire Disposal Fee
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$25 per tire
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|
Order Cancellation (Pre-Dispatch)-24 hours Required
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$25
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Order Cancellation (Post-Dispatch / Trip Fee)
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$150-$250
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Failed Delivery / Pick Up / Dry Run Fee
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$200 – $350 (Depending on location/situation)
|
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Box Relocation / Re-Spot Fee
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$200 – $350
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Stuck Load / Heavy Equipment Extraction
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$200 minimum
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Heavy Material Violation (Wrong Box Size)
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$450 minimum plus transfer requirements
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20- & 30-Yard Containers
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$80 per ton over allotted weight
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Policy Violation / General Overage Fine
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$210 per ton or
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Unsafe Containers
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Containers deemed unsafe will be refused till made safe at customers expense
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- 7.1 Highway Fines: Highway Patrol weight fines are assessed per pound over the vehicle’s Gross Vehicle Weight (GVW) and can total thousands of dollars. If the Company incurs an overweight traffic ticket due to a customer’s overloaded box, that exact cost will be passed directly to the customer.
- 7.2 Pricing Policy: Prices and policies may change without notice. Please call our office for current structural pricing.
8. CUSTOMER LIABILITY, INDEMNIFICATION, AND EQUIPMENT DAMAGE
- 8.1 Care of Equipment: The container remains the sole property of the Company. Customer acquires no ownership interest and shall not modify, alter, relocate, or sublease the container without prior written consent from the office manager.
- 8.2 Equipment Damage: Customer assumes all risk of loss, vandalism, theft, fire, or damage to the container during the rental period (excluding ordinary wear and tear). Any damage done to the container will be professionally repaired and charged directly to the customer.
- 8.3 Possession and Control: Upon delivery, the container is deemed to be in the sole possession and control of the Customer. Customer has a strict duty to maintain the safety, security, and cleanliness of the container and its surrounding area.
- 8.4 Indemnification: Customer agrees to indemnify, defend, and hold harmless the Company, its officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from the customer’s use, placement of prohibited materials, or negligence.
9. GOVERNING LAW AND JURISDICTION
- 9.1 Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflicts of law principles.
- 9.2 Venue: Any disputes arising from this Agreement shall be resolved exclusively in the courts of Nevada, and Customer consents to the jurisdiction of such courts.
- 9.3 Enforcement Costs: If any legal action is brought to enforce the terms of this Agreement, the non-prevailing party shall pay the substantially prevailing party its reasonable attorneys’ fees, court costs, and legal disbursements.
10. ENTIRE AGREEMENT AND SEVERABILITY
This Agreement constitutes the entire understanding between the Company and the Customer, superseding all prior oral or written negotiations. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Continued use of services after policy updates constitutes acceptance of revised terms.
WHAT OUR CUSTOMERS ARE SAYING!















