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Terms & Condition

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  • Terms & Condition

Anderson Landscape & Maintenance LLC, a Wisconsin Limited Liability Company, including its affiliates and subsidiaries, agrees to rent certain dumpster equipment (“Equipment”) to customer (“Customer”) on the basis of the terms and conditions as set forth herein. Except as specifically set forth herein, or as otherwise communicated by Anderson Landscape & Maintenance LLC to Customer, the following terms and conditions, including the Rental Documents (as defined herein) shall apply to and govern both commercial and residential rentals. 

1. Acceptance; Contract Formation. This transaction, including Anderson Landscape & Maintenance LLC rental of Equipment to Customer, is expressly limited to and made conditional upon Customer’s assent to and acceptance of all the terms and conditions contained herein and as set forth in any related rental document, including, but not limited to any quotation, proposal, acknowledgment and/or invoice (collectively referred to hereinafter as the “Rental Documents”). The terms and conditions stated herein shall apply to and govern all Rental Documents, including any agreement, order and/or rental that may result herefrom, and these terms and conditions, along with the Rental Documents, constitute the entire agreement between Anderson Landscape & Maintenance LLC and Customer. Any of Customer’s terms contained in any request for quotation, purchase order, release, acknowledgement or any other Customer document which are in addition to or different from the terms contained herein are hereby specifically objected to, rejected and excluded, and shall be of no force or effect. 

2. Ordering Process. Anderson Landscape & Maintenance LLC intakes and processes all Equipment rental orders either via telephone, in person, or our website which is located at www.jandersonlandscape.com (the “Website”). Customer acknowledges and agrees that upon Customer’s placement of an order for a rental of Equipment (either via telephone, in person, or the Website), and Anderson Landscape & Maintenance LLC acceptance of such order, then a binding and enforceable rental agreement shall exist between Anderson Landscape & Maintenance LLC and Customer with respect to such Equipment based upon these terms and conditions, as well any applicable Rental Documents. All rental orders accepted by Anderson Landscape & Maintenance LLC are accepted with the understanding that each such order is subject to Anderson Landscape & Maintenance LLC ability to obtain and furnish the Equipment to Customer. Customer is solely responsible for contacting Company (either via telephone or via the Website) in order to initiate the commencement of the Services, as well as the final pick-up of the Equipment (in accordance with the terms of Section 4 herein). The company will automatically scheduled pick-up upon the expiration of either the customer selected rental term of the customer selected pick-up date if earlier than the expiration of the rental term. If the customer requests pick-up sooner or another container is needed, the customer shall schedule an advance pick-up during the initial online ordering process or by speaking with our office staff. 

3. Delivery and Pick Up of Equipment. Anderson Landscape & Maintenance LLC will use commercially reasonable efforts to ensure timely delivery and pick up of Equipment; provided that, due to circumstances beyond our control, including, but not limited to, inclement weather, hazardous roads and/or driving conditions, traffic delays, motor vehicle accidents, delays at landfills and equipment failure, we cannot and do not guarantee delivery times or dates. Anderson Landscape & Maintenance LLC will not be liable to Customer under any circumstances for costs, expenses, losses and/or damages incurred by Customer in any 

manner relating to such delays. Upon the delivery of the Equipment to the location as designated by Customer, Customer shall not move, transport or attempt to move or transport (either directly or indirectly) the Equipment from the designated site without prior notice to and consent from Anderson Landscape & Maintenance LLC, which may be withheld within the sole discretion of Anderson Landscape & Maintenance LLC. In the event that Anderson Landscape & Maintenance LLC attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond Anderson Landscape & Maintenance LLC control, including, but not limited to, overloaded Equipment, low lying power lines or tree branches, blocked access to the delivery or pick-up location, damaged Equipment, locked gates, fences or parking lots, inaccessible driveways and/or the storage of prohibited items or substances in the Equipment (collectively referred to as “dry run”), then Anderson Landscape & Maintenance LLC shall be entitled to an dry run inconvenience fee. The standard dry run inconvenience fee is $175.00; provided that, if Anderson Landscape & Maintenance LLC incurs additional charges, fees, fines, penalties costs and/or expenses related to the dry run, then Anderson Landscape & Maintenance LLC may increase the dry run inconvenience fee in order to recoup any such charges, fees, fines, penalties costs and/or expenses. Customer acknowledges and agrees that Anderson Landscape & Maintenance LLC is authorized and entitled to charge to Customer’s credit card the amount of any such dry run inconvenience fee. Customer shall be solely responsible for any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including, without limitation, a towing company) incurred in connection with the movement, placement and/or use of the Equipment. In the event of Customer’s violation and/or breach of the terms of the Rental Agreement (including these Terms and Conditions), Company may, within Company’s sole discretion and without prior notice to Customer and without any liability to Customer, pick-up the Equipment. In addition, Company may pick-up the Equipment at any time if required to do so by local, county and/or state law or as required by order of any local, county and/or state government or agency. 

4. Prices and Payment Terms. Prices for Equipment rentals are stated on the Website, as modified from time to time within the sole discretion of Anderson Landscape & Maintenance LLC; provided that applicable prices for each Equipment rental transaction will be confirmed by Anderson Landscape & Maintenance LLC at the time of Customer’s placement of an order for such Equipment. Except as otherwise mutually agreed in writing between Customer and Anderson Landscape & Maintenance LLC, Customer will pay Anderson Landscape & Maintenance LLC in advance of delivery via credit card payment. Customer hereby expressly authorizes Anderson Landscape & Maintenance LLC to retain your credit card information and charge your credit card on an as incurred basis for any additional rental fees, “Overload expenses”, “Permitting fees & costs”, “Prohibited substances,” damages, and all other charges to which Anderson Landscape & Maintenance LLC is entitled hereunder. Customer acknowledges and agrees that such credit card authorization shall remain valid and in full force and effect during the applicable rental period and for a period of time not to exceed 120 days beyond the last day of your Equipment rental. If, at any time during a rental term, Anderson Landscape & Maintenance LLC authorization to charge your credit card is revoked and/or canceled by Customer or any third-party, then Anderson Landscape & Maintenance LLC, within its sole discretion, may immediately terminate the Equipment rental and recover the Equipment 

without notice or liability to Customer, and without prejudice to or waiver of any of Anderson Landscape & Maintenance LLC remedies against Customer. 

5. Cancellation and Cancellation Fees. Any rental order, once placed with and accepted by Anderson Landscape & Maintenance LLC, may not be canceled by Customer except upon the consent of Anderson Landscape & Maintenance LLC, which may be withheld within the sole discretion of Anderson Landscape & Maintenance LLC. In the event that Anderson Landscape & Maintenance LLC agrees to accept a cancellation after acceptance of Customer’s order, then Anderson Landscape & Maintenance LLC shall be entitled to a cancellation fee (which may be charged to Customer’s credit card) in the amount $100.00 if the cancellation occurs prior to 3:00 p.m. the business day before your scheduled delivery and a cancellation fee in the amount of $150.00 if the cancellation occurs thereafter. If a delivery appointment is delayed or missed due to an incident or circumstance outlined in Section 3 a cancellation fee will still apply to the account if the customer cancels the order. 

6. Weight Restrictions and Overload Fees. Customer is solely responsible for complying with the weight restrictions applicable to the rental Equipment. Customer acknowledges that: (a) each item/unit of Equipment has a designated weight specification and corresponding weight limitation (which varies based on the size and type of the Equipment, as well as other factors); (b) the size and/or volume of the particular item/unit of Equipment is not determinative of the applicable designated weight specification and weight limitation for such item/unit of Equipment; (c) local, municipal, city, county and/or state laws, regulations, rules and ordinances also govern and limit the weight and/or amount of material that can be legally stored in and/or transported in the Equipment; and (d) rain, water, snow, ice permitted by Customer to accumulate in the Equipment can increase (and under certain circumstances) exceed the applicable weight restriction relating to specific Equipment. Customer acknowledges that Customer is solely and exclusively responsible for determining the weight restrictions applicable to Customer’s Equipment and for strictly complying with such restrictions, including, but not limited to covering and/or tarping the Equipment in order to prevent rain, water, snow, ice accumulation in the Equipment. Customer hereby acknowledges that Anderson Landscape & Maintenance LLC incurs charges and expenses in connection with the transport of loaded Equipment to landfills, and that such charges and expenses are based upon the weight of the Equipment. If Customer fails to comply with applicable weight restrictions, Anderson Landscape & Maintenance LLC may incur any pay for charges, expenses, penalties and/or fines from a landfill or other third-party, whether private or public, including, but not limited to traffic fines and penalties or other consequential damages (collectively the “Overload Expenses”). In the event that Anderson Landscape & Maintenance LLC incurs any Overload Expenses relating to or in connection with Customer’s failure to comply with applicable weight restrictions, then, in addition to all other remedies to which Anderson Landscape & Maintenance LLC is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to Anderson Landscape & Maintenance LLC (including Customer’s reimbursement of all such Overload Expenses to Anderson Landscape & Maintenance LLC), Customer will pay Anderson Landscape & Maintenance LLC a fee as listed on the companies website or current pricing sheet per ton in excess of the applicable weight restriction for the Equipment IN ADDITION to any fines, fees, or costs incurred by Anderson Landscape & Maintenance LLC (“Overload Fee”), as determined 

within the sole discretion of Anderson Landscape & Maintenance LLC. Customer acknowledges and agrees that all Overload Fees assessed by Anderson Landscape & Maintenance LLC against Customer may be charged to Customer’s credit card. 

Customers are NOT permitted to place any materials into the dumpster that extends beyond the top rail of the dumpsters and/or the side rails. The company may refuse to pick-up a dumpster if this requirement is not meet AND the customer will be charged a “dry run inconvenience fee” 

The customer will be charged a “dig-out” fee to remove any materials that are wet, stuck, or otherwise frozen to the container and are unable to be removed from the container via conventional tipping method. The “dig-out” fee is a pass-through fee assessed by the landfill the dumpster contents are disposed of and are subject to change based on the rates imposed by the landfill. The current dig-out fee is $85.00. It is the customers responsibility to tarp and or seal materials that may become frozen during freezing conditions, wet items, certain dust or powders, or items that are sticky or contain residual adhesives. 

7. Permits. Customer acknowledges that certain locations and/or uses of the Equipment may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the Equipment (collectively referred to hereinafter as a “Permit”). Customer represents and warrants to Anderson Landscape & Maintenance LLC that Customer (and not Anderson Landscape & Maintenance LLC) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment. In the event that Customer fails to obtain and/or maintain all necessary and required Permits, Company may pick-up the Equipment without prior notice to Customer and without any liability to Customer. 

If Customer fails to comply with applicable permitting & weight restrictions, Anderson Landscape & Maintenance LLC may incur any pay for charges, expenses, penalties and/or fines from a landfill or other third-party, whether private or public, including, but not limited to traffic fines and penalties or other consequential damages (collectively the “Permitting Fees & Costs”). In the event that Anderson Landscape & Maintenance LLC incurs any Permitting Fees, fines, or impound costs relating to or in connection with Customer’s failure to comply with applicable permitting & weight restrictions, then, in addition to all other remedies to which Anderson Landscape & Maintenance LLC is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to Anderson Landscape & Maintenance LLC (including Customer’s reimbursement of all such Permitting Fees & Costs to Anderson Landscape & Maintenance LLC), as determined within the sole discretion of Anderson Landscape & Maintenance LLC. Customer acknowledges and agrees that all Permitting Fees & Costs assessed by Anderson Landscape & Maintenance LLC against Customer may be charged to Customer’s credit card. 

Certain municipalities require the “in person” filing of a permit application and receipt of the issuance of the permit. The company will charge a convenience fee of $80.00 if Anderson Landscape & Maintenance LLC applies for and obtains a permit on behalf of the customer. 

8. Prohibited Substances. Customer acknowledges that local, municipal, city, county, state and/or federal laws, regulations, rules and ordinances prohibit the storage of certain items, materials and substances in the Equipment (“Prohibited Substances”). Prohibited Substances include, without limitation, tires, batteries, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, fuels, adhesives, refrigerants and other toxic and/or hazardous materials and substances. A non-exclusive list of certain Prohibited Substances is available on Anderson Landscape & Maintenance LLC Website for Customer’s review. Customer acknowledges and agrees that Customer is solely and exclusively responsible for complying with all applicable laws relating to Prohibiting Substances, and Customer shall be liable for any charges, expenses, damages, losses, fines and/or penalties (including, but not limited to traffic fines and penalties) relating to Customer’s storage and/or transportation of Prohibited Substances in the Equipment. 

9. Indemnification. Customer agrees to indemnify, defend and hold harmless Anderson Landscape & Maintenance LLC, including its officers, directors, members, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, judgments, debts, fines, penalties, charges, expenses, costs or other liabilities of whatsoever kind or nature (collectively, “Losses”) asserted or alleged by any third-party arising from or related to: (a) Overload Expenses; (b) Customer’s failure to obtain and/or maintain any required Permit; (c) Customer’s use or storage of Prohibited Substances in the Equipment; (d) loss or theft of the Equipment; (e) damage and/or destruction of the Equipment during the applicable rental term; (f) personal injury and/or property damage relating to Customer’s use and/or possession of the Equipment; (g) physical damage to streets, roadways, driveways, walkways, pavement, curbs, wells, irrigation systems, septic systems and/or underground utilities caused by the Equipment (h) Customer’s breach of the these terms and conditions or the terms of any of the Rental Documents; and (i) any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including, without limitation, a towing company) incurred in connection with the movement, placement and/or use of the Equipment. 

10. Waiver; Limitation of Liability and Disclaimer of Warranties. EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF ANDERSON LANDSCAPE & MAINTENANCE LLC, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST ANDERSON LANDSCAPE & MAINTENANCE LLC RELATING TO OR ARISING FROM CUSTOMER’S RENTAL OF THE EQUIPMENT AND/OR ANDERSON LANDSCAPE & MAINTENANCE LLC PERFORMANCE UNDER THE RENTAL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER’S PROPERTY, PAVEMENT, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, LAWN, WELLS, IRRIGATION SYSTEMS, SEPTIC SYSTEMS AND/OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER’S PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO CUSTOMER’S PROPERTY FROM LEAKS OR STAINS RELATING TO CUSTOMER’S USE OF THE RENTAL EQUIPMENT. THE RENTAL EQUIPMENT SHALL BE PROVIDED ON AN 

“AS-IS” BASIS, AND ANDERSON LANDSCAPE & MAINTENANCE LLC MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET YOUR REQUIREMENTS. 

11. Damages. 

The customer is responsible for any and all damages that occur to the rented equipment provided to the customer while it is under the care and custody of the customer. This responsibility extends to any areas where the customer directs the company to place the dumpster regardless if it is on their specific property or in the public right of way. Damages will be billed at repair cost plus 20% for handling. For damages that the company repairs in house- the shop labor rate is $135.00 per man hour plus parts/materials. The company may also bill the customer for any lost revenue during the down period of the equipment. 

12. Governing Law; Severability. Any and all disputes arising from or in connection with the Equipment rental transaction between Anderson Landscape & Maintenance LLC and Customer, including, but not limited to, these terms and conditions, the Rental Documents and/or Customer’s possession and use of the Equipment, shall be construed in accordance with and governed by the laws of the State of Wisconsin including all matters of construction, validity and performance, without giving effect to the conflict of laws provisions of such State. Any provision hereof which may be prohibited by applicable law shall be ineffective to the extent of such prohibition and without invalidating the remaining provisions hereof. 

13. Jurisdiction and Venue. Any action arising from or in connection with the Equipment rental transaction between Anderson Landscape & Maintenance LLC and Customer, including, but not limited to, these terms and conditions, the Rental Documents and/or Customer’s possession and use of the Equipment, shall be commenced and prosecuted in the State of Wisconsin Circuit Court- Milwaukee County, or in the United States Federal District Court for the Eastern District of Wisconsin. Customer hereby consents to the exclusive jurisdiction and venue and hereby waives any objection or defense based on improper jurisdiction and/or forum non conveniens. 

14. Assignment. Neither this rental transaction (including the Rental Documents), nor any part or portion of Customer’s performance hereunder is assignable by Customer in whole or part without the prior written consent of Anderson Landscape & Maintenance LLC, which may be withheld within the sole discretion of Anderson Landscape & Maintenance LLC. 

15. Reservation of Rights. Anderson Landscape & Maintenance LLC expressly reserves all rights and remedies which are available to it at law or in equity. 

16. Entire Agreement and Modification. Upon Anderson Landscape & Maintenance LLC acceptance of the Customer’s order for the rental of the Equipment, the terms and conditions set forth herein and as set forth in the Rental Documents (including, but not limited to all requirements as set forth in Anderson Landscape & Maintenance LLC Website), shall constitute 

the entire agreement between Customer and Anderson Landscape & Maintenance LLC, and no statement, correspondence, or other terms shall modify or affect the terms hereof or thereof. No change in these terms and conditions will be valid unless approved by Anderson Landscape & Maintenance LLC in writing.