1.1 Rental Agreement and Service Terms

When you rent a dumpster or utilize waste disposal services from EK Disposal Services LLC, you enter into a service agreement subject to these Terms and Conditions, along with any additional terms specified in your rental agreement, quote, invoice, or other service documentation.

The rental of dumpsters and provision of waste disposal services are subject to availability, service area limitations, and our acceptance of your service request. We reserve the right to refuse or cancel service for any lawful reason.

1.2 Acceptable Use Requirements

All customers must comply with the following acceptable use requirements when renting dumpsters or using our waste disposal services:

Prohibited Materials:

You may NOT place the following materials in our dumpsters:

• Hazardous waste or materials (including but not limited to paints, oils, solvents, chemicals, pesticides, herbicides, asbestos, or contaminated materials)

• Flammable or explosive materials

• Medical waste, biohazardous materials, or infectious waste

• Radioactive materials

• Tires (unless specifically authorized in writing)

• Electronics and e-waste (unless specifically authorized in writing)

• Appliances containing refrigerants (refrigerators, air conditioners, freezers) unless properly certified as refrigerant-free

• Batteries (automotive, household, or industrial)

• Propane tanks or compressed gas cylinders

• Liquid waste of any kind

• Dead animals or animal carcasses

• Food waste or organic waste in excessive quantities that may create odors or attract pests

• Materials prohibited by federal, state, or local regulations

• Any materials that exceed the weight capacity of the dumpster

• Any materials not specifically authorized in your rental agreement

Weight Limits and Capacity:

• Dumpsters must not be filled beyond the designated fill line or weight capacity

• Overloading dumpsters beyond their rated capacity is strictly prohibited

• Materials must not extend above the top edge of the dumpster

• Weight limits vary by dumpster size and will be specified in your rental agreement

• Overage fees apply for loads exceeding the included weight allowance

Proper Placement and Loading:

• Dumpsters must remain at the location specified in the rental agreement

• Do not move or relocate the dumpster without our prior written authorization

• Load materials evenly and avoid placing excessive weight on one side

• Break down large items when possible to maximize space and prevent damage

• Do not light fires in or around the dumpster

• Keep the area around the dumpster clear and accessible for pickup

Safety Requirements:

• Do not climb into or on top of dumpsters

• Keep children and unauthorized persons away from the dumpster

• Do not attach items to the outside of the dumpster

• Ensure materials are secure and will not blow away or create hazards

• Comply with all applicable safety regulations and local ordinances

Property Protection:

• You are responsible for ensuring adequate clearance for delivery and pickup (height, width, and overhead clearances)

• You are responsible for protecting your property from damage during dumpster placement

• Notify us of any underground utilities, septic systems, irrigation lines, or other subsurface infrastructure

• Notify us of any surface conditions that may be damaged by the weight of the dumpster (such as new asphalt, decorative pavers, or soft ground)

• We may provide protective boards or materials, but ultimate responsibility for property protection rests with the customer

Access and Scheduling:

• Ensure clear and safe access to the dumpster for delivery and pickup

• Be available or provide access instructions for scheduled delivery and pickup times

• Notify us immediately of any access issues or changes to the service location

• Allow our personnel safe and timely access to retrieve the dumpster

1.3 Consequences of Prohibited Use

If you violate any of the acceptable use requirements set forth in Section 8.2, or if you use our dumpsters or services in any manner that damages our equipment, violates applicable laws or regulations, creates safety hazards, or otherwise breaches these Terms, EK Disposal Services LLC reserves the right to take any or all of the following actions, at our sole discretion:

Service Termination:

• Immediately terminate your rental without refund of any fees paid

• Refuse to provide pickup service until prohibited materials are removed (at your expense)

• Remove the dumpster from your property without prior notice

• Refuse future service requests from you or your associated entities

Additional Fees and Charges:

• Charge additional fees for disposal of prohibited materials, including special handling fees, environmental fees, and disposal facility surcharges

• Charge overage fees for loads exceeding weight limits

• Charge contamination fees for dumpsters containing prohibited materials

• Charge relocation fees if the dumpster must be moved due to improper placement

• Charge cleaning fees for dumpsters damaged or contaminated by improper use

• Charge trip fees for unsuccessful pickup attempts due to access issues or prohibited materials

• Charge for repair or replacement of damaged equipment, including but not limited to: Physical damage to the dumpster body, doors, hinges, or locking mechanisms Damage to wheels, axles, or structural components Damage caused by fires, chemicals, or corrosive materials
• Damage caused by overloading or improper loading Any damage resulting from negligent or improper use

Equipment Costs:

• The cost to repair or replace damaged equipment will be based on the actual cost of parts, labor, and any downtime loss.
• Replacement costs for dumpsters can range from several thousand to tens of thousands of dollars depending on the size and type of equipment.

• You will be invoiced for all repair or replacement costs, and payment is due immediately upon receipt of invoice.

Legal Action:

• Report violations to appropriate regulatory agencies (such as environmental protection agencies)

• Notify law enforcement of illegal dumping, theft of services, or criminal damage to property

• Pursue civil action for destruction of property, breach of contract, or fraud

• Prosecute violations to the fullest extent permitted by law, including seeking: Reimbursement for all costs, fees, and expenses incurred

• Damages for loss of equipment use and business interruption Attorney's fees and court costs Any other relief available under applicable law

Regulatory Compliance:

If prohibited materials are discovered in the dumpster, you are responsible for all costs associated with proper disposal, including: Special handling and transportation fees Hazardous waste disposal facility fees Environmental remediation costs (if contamination occurs) Regulatory fines or penalties imposed on us as a result of your prohibited materials Legal and consulting fees related to regulatory compliance

1.4 Customer Responsibility and Liability

By renting a dumpster or using our waste disposal services, you acknowledge and agree that:

• You are solely responsible for ensuring that only acceptable materials are placed in the dumpster

• You will comply with all federal, state, and local laws and regulations regarding waste disposal

• You are responsible for obtaining any necessary permits for dumpster placement on public property or rights-of-way

• You assume all liability for damage to property (your own or others') resulting from dumpster placement, except where such damage is directly caused by our negligence

• You will indemnify and hold harmless EK Disposal Services LLC from any claims, damages, fines, penalties, or expenses arising from your improper use of our equipment or services

• You understand that disposal of prohibited materials can result in significant fines, penalties, and environmental liability

• You acknowledge that we rely on your representations regarding the contents of the dumpster and that you will be held responsible for any misrepresentations

1.5 Right of Inspection

EK Disposal Services LLC reserves the right to inspect the contents of any dumpster at any time, before, during, or after your rental period. If we discover prohibited materials or violations of these Terms:

• We may refuse to pick up the dumpster until prohibited materials are removed (at your expense)

• We may remove the prohibited materials ourselves and charge you for the cost of proper disposal

• We may photograph or document the contents for our records and potential legal proceedings

• We will take appropriate action as described in Section 1.3

1.6 Rental Period and Extensions

• Rental periods are specified in your rental agreement or quote. Standard rental periods typically range from 7 to 30 days, depending on the service selected.

• Rental fees are based on the specified rental period and included weight allowance

• If you need to extend your rental beyond the original rental period, contact us to arrange an extension and pay applicable extension fees

• Unauthorized extensions (keeping the dumpster beyond the agreed rental period without prior authorization) may result in additional daily rental charges

• We reserve the right to retrieve the dumpster at the end of the rental period, even if you have not notified us that you are finished with it

• Early pickup may be arranged by contacting us; however, rental fees are not prorated for early returns

1.7 Payment Terms

• Payment terms for dumpster rentals are specified in your invoice or rental agreement. Generally:

• Payment may be required in advance or upon delivery, depending on the service and customer type

• We accept various payment methods as specified during the booking process

• Additional fees (overage charges, contamination fees, extension fees, damage charges) are due immediately upon invoicing

• Failure to pay amounts due may result in collection actions, late fees, interest charges, and refusal of future service

• Disputed charges must be raised within 10 business days of invoice date; undisputed portions must be paid timely

1.8 Cancellation and Modification

If you need to cancel or modify your dumpster rental:

• Cancellations made at least 24 hours before scheduled delivery may receive a full refund (minus any non-refundable booking fees)

• Cancellations made less than 24 hours before scheduled delivery may be subject to cancellation fees

• Once the dumpster has been delivered, cancellations are not eligible for refunds

• Modifications to service (such as changing the delivery location or dumpster size) must be made at least 24 hours in advance and may be subject to additional fees

• We reserve the right to cancel or reschedule service due to weather, equipment availability, safety concerns, or other operational reasons

1.9 Assumption of Risk

You acknowledge that placement and use of dumpsters involves inherent risks, including but not limited to:

• Potential damage to paved surfaces, landscaping, or underground utilities from the weight of the dumpster

• Trip and fall hazards around the dumpster

• Potential for injury from improper use or loading of the dumpster

• Attraction of pests or wildlife to waste materials

• You assume these risks and agree to take reasonable precautions to minimize them. We will make reasonable efforts to place dumpsters safely, but we cannot guarantee that no property damage will occur, particularly on fragile or unstable surfaces.

1.10 Insurance and Damage Claims

EK Disposal Services LLC maintains appropriate business insurance; however:

• We are not responsible for pre-existing damage to your property

• We are not responsible for damage caused by acts of God, weather conditions, or third parties

• We are not responsible for damage to underground utilities, septic systems, or other subsurface infrastructure that you failed to disclose

• If you believe our services have caused damage to your property, you must notify us in writing within 48 hours of the alleged damage with photographic documentation

• We will investigate all damage claims and respond within a reasonable timeframe

• Our liability is limited to direct damages actually caused by our negligence and does not include consequential or indirect damages

1.11 Third-Party Use

You are responsible for the actions of any third parties who have access to the dumpster during your rental period, including:

• Family members, employees, contractors, or subcontractors

• Neighbors or other persons who may use the dumpster without your knowledge

• Vandals or trespassers

To prevent unauthorized use, we recommend:

• Positioning the dumpster in a secure location when possible

• Requesting a lockable dumpster if available and appropriate for your needs

• Monitoring the dumpster contents regularly

• Reporting any suspicious activity to us immediately

• You will be held responsible for any prohibited materials placed in the dumpster by third parties and any damage caused by their actions.

1.12 Special Circumstances

Construction and Demolition Debris:

If your rental is for construction or demolition projects, additional requirements may apply:

• Certain materials may require special handling or disposal methods

• Asbestos-containing materials must not be placed in dumpsters without prior written authorization and appropriate certifications

• Lead-based paint debris may be subject to special disposal requirements

• Notify us of the nature of your project so we can provide appropriate guidance

Commercial and Industrial Use: Commercial and industrial customers may be subject to additional terms and requirements based on the nature of their business and waste streams. Contact us to discuss your specific needs.

Residential HOA or Municipal Regulations:

You are responsible for complying with any homeowners association rules, municipal ordinances, or other regulations governing dumpster placement on your property or in your neighborhood. This may include:

• Obtaining necessary permits or approvals

• Complying with placement restrictions or visual screening requirements

• Adhering to time limits for dumpster presence

• Following noise restrictions for loading/unloading

• Failure to comply with such regulations is your responsibility, and we are not liable for any fines or penalties you may incur.