These Terms & Conditions are for Services provided by Blue Star Dumpsters, LLC. (“Blue Star”) to the customer (“Customer”) listed on the order form (“Order”). The Order may either be executed by various means including signature, electronic signature, or by using a website to indicate approval of the Order & these Terms & Conditions and such approval indicates your agreement to these following Terms and Conditions (together with the Order , the “Agreement”).
The Services to be provided are described on the Order and in these Terms & Conditions. Customer directs Blue Star to provide the Services and grants to Blue Star the exclusive right to collect, transport and dispose of or recycle all of Customer’s non-hazardous solid waste materials (including Recyclable Materials) (collectively, “Waste Materials”). Blue Star agrees to furnish Services as permitted by Applicable Laws.
Customer may order additional services from Blue Star in the future subject to the Terms & Conditions after an initial Agreement and Future Services may be ordered either verbally, in writing or electronically that shall be documented in Blue Star’s systems (“Future Orders”). Terms & Conditions in effect as of the date of Future Orders shall apply to those Future Orders, respectively.
THE TERM OF THIS AGREEMENT SHALL START ON THE DATE ON WHICH THE SERVICES COMMENCE AND SHALL CONTINUE UNTIL (i) Blue Star’s REMOVAL AND INSPECTION OF ALL EQUIPMENT PROVIDED TO CUSTOMER, OR (ii) TERMINATION BY BLUE STAR AT ANY TIME BY ORAL OR WRITTEN NOTICE TO CUSTOMER. IF CUSTOMER WANTS TO EXTEND THE TERM, ADD ADDITIONAL SERVICES, OR MAKE ANY OTHER SERVICE CHANGES, CUSTOMER MUST CONTACT BLUE STAR.
The Waste Materials shall not contain any hazardous materials, wastes or substances; toxic substances, wastes or pollutants; contaminants; pollutants; infectious wastes; medical wastes; or radioactive wastes (collectively, “Excluded Waste”), each as defined by applicable federal, state or local laws or regulations (collectively, “Applicable Laws”). CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS BLUE STAR FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, SUITS, PENALTIES, FINES, REMEDIATION COSTS, AND LIABILITIES (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES) (COLLECTIVELY “LOSSES”) RESULTING FROM THE INCLUSION OF EXCLUDED WASTE IN THE WASTE MATERIALS.
Blue Star shall acquire title to Waste Materials when they are loaded onto Blue Star’s truck. Title to and liability for any Excluded Waste shall remain with Customer and shall at no time pass to Blue Star.
USE OF CONTAINER
Blue Star will not haul Excluded Waste (as defined above).
Blue Star will not accept: drums, paint, solvents, chemicals or other such materials which would be considered flammable or explosive or other materials not permitted to be disposed of at the designated disposal facility. If we are unable to haul an improperly loaded container, it will be the Customer’s responsibility to off-load the impermissible materials and make the container permissible to haul, and Customer will be charged a Trip Charge (set forth below) for each attempted trip.
Customer must notify and obtain prior approval from Blue Star before taking delivery of dumpster if any of the following items may be included in the load: tires, mattresses, rugs & carpets, refrigerators, microwaves, televisions or other appliances. Special Handling charges will apply to the entire load if any part of the load includes these items and prior notice was not provided. Further unspecified charges will apply if Blue Star is not notified in advance and the items may be returned to the Customer for off-loading.
Do not load materials above the top of the container. If materials are loaded above the top of the container in a manner that prevents Blue Star’s safe hauling of the container, it will be the Customer’s responsibility to off-load enough material to allow the container to be safely hauled, and Customer will be charged a Trip Charge (set forth below) for each attempted trip where hauling did not occur.
If the container is loaded with extremely heavy material, such as block concrete, asphalt, or roofing, the container should be filled no more than half-way. If Blue Star hauls an overloaded container, the Customer is responsible for all tickets, fines, etc. due to the weight of the container. If Blue Star is unable to safely haul an overloaded container, it will be the Customer’s responsibility to off-load enough material to allow the container to be safely hauled, and Customer will be charged a Trip Charge (set forth below) for each attempted trip where hauling did not occur.
Do not force back door closed. Complete container loading only after the door has been closed and latched.
Do not place any object(s) around the container which will restrict access by the Blue Star’s trucks. If a container is blocked, cannot be safely hauled due to conditions at the service location (e.g., ground too wet, icy or muddy, etc.), it will be the Customer’s responsibility to remove the blockage or condition so Blue Star can safely access the container(s). Customer will be charged a Trip Charge (set forth below) for each attempted trip where hauling did not occur.
Do not move the container without prior written permission from Blue Star.
Customer shall pay Blue Star for the services and equipment furnished by Blue Star at the rates specified on the Order. A deposit for the services on the Order will be collected when Customer places the Order., which is intended to cover the delivery and one pull of the container with Waste Material tonnage specified on the Order. If the payment account provided is for a business, then it must be one for which Customer is a properly authorized signer. By accepting this Agreement, you authorize Blue Star to initiate a charge to the payment account provided for the amount shown on the Order. Blue Star reserves the right to invoice for subsequent charges, and Customer agrees to pay Blue Star for any subsequent charges.
Customer shall pay all taxes, fees and other governmental charges assessed against or passed through to Blue Star (other than income or real property taxes). Customer shall pay such fees as the Blue Star may impose from time to time by notice to Customer (including, by way of example only, late payment fees, administrative fees, environmental fees and any Supplemental Services ), with Blue Star to determine the amounts of such fees in its discretion up to the maximum amount allowed by Applicable Law. Without limiting the foregoing, Customer shall pay Blue Star within 20 days of the date of Blue Star’s invoice.
The following supplemental rates shall apply only when a supplemental service is required upon arrival or requested by Customer. If Customer requests supplemental services that are not listed below, Blue Star shall provide Customer with notice of any applicable supplemental charges.
Extra Usage (per day). Requests to extend use of the container longer than the stated duration must be directed to Customer Service. A fee will be charged per day, for extra days.
Extra Weight (per ton). Fees will apply to any amount over the amount included in the base rate and will be billed at the completion of the job.
Trip Charge. A Trip Charge occurs when a driver arrives to either reposition a container or to haul a load, but is unable to service due to a reason such as a blocked container or other obstruction and will be billed upon completion.
Special Handling. Additional fees may assessed on the entire load based on contents of the load and the disposal site special handling requirements.
Overweight Load: All Loads in excess of 12 tons (24,000 lbs) are extreme loads and will incur an additional fee.
Extra Service. Requests for extra service must be directed to Customer Service. Customer will be invoiced the same amount paid for this Order for each extra service.
Fuel & Environmental. Fuel & Environmental Recovery Fees may be assessed based on facts and circumstances specific to the Customer’s region or government agencies.
Returned Payment. A Returned Payment occurs for each payment submitted by Customer that is returned & will be billed subsequently.
CHANGES. Blue Star may make changes to these Terms & Conditions at any time for any reason and (i) should any such changes occur, the Terms & Conditions in effect at the time on the Order shall govern and (ii) if there is any conflict between these Terms & Conditions the Terms & Conditions shall govern.
CANCELLATION. Customer may contact Blue Star at the Customer Service number provided in the Term section above prior to equipment delivery to cancel the Services, and Blue Star will refund Customer’s deposit.
RECYCLABLE MATERIALS. This section applies in the event Blue Star has expressly agreed to remove and transport Recyclable Materials (material that Blue Star determines can be recycled typically including, without limitation, aluminum cans (UBC – Used Beverage Containers), cardboard (free of wax), ferrous metal cans, mixed office paper, newspaper and plastics containers) to a material recovery facility, recycling center or similar facility. Customer agrees that Blue Star in its sole discretion may determine any single load is contaminated and may refuse to collect it or may charge Customer for any additional costs, including (but not limited to) sorting, processing, transportation and disposal costs. Customer shall comply with all Applicable Laws regarding the separation of solid waste from Recyclable Materials and use of its best efforts to not place items in the container that may result in the decrease in the value of Recyclable Materials or make the Recyclable Materials unsuitable for recycling.
RESPONSIBILITY FOR EQUIPMENT; ACCESS. Any equipment Blue Star furnishes shall remain Blue Star‘s property. Customer shall be liable for all loss or damage to such equipment (except for normal wear and tear and for loss or damage resulting from Blue Star‘s handling of the equipment). Customer shall use the equipment only for its proper and intended purpose and shall not overload (by weight or volume), move or alter the equipment. Customer shall indemnify, defend and hold harmless Blue Star from and against all Losses arising from any injury or death to persons or loss or damage to property (including the equipment) arising out of Customer’s use, operation or possession of the equipment. Customer shall provide safe, unobstructed access to the equipment on the scheduled collection day. Blue Star may charge an additional fee for any additional collection service required by Customer’s failure to provide access.
DAMAGE TO PAVEMENT. Blue Star shall not be responsible for any damages to Customer’s pavement, curbing or other driving surfaces resulting from Blue Star‘s providing service at Customer’s location.
TERMINATION. If any amount due from Customer is not paid within 60 days after the date of Blue Star‘s invoice, Blue Star may, without notice terminate this Agreement.
ASSIGNMENT. Customer shall not assign this Agreement without Blue Star‘s prior written consent, which Blue Star shall not unreasonably withhold. Blue Star may assign this Agreement without Customer’s consent.
EXCUSED PERFORMANCE. Except for Customer’s obligation to pay amounts due to Blue Star, any failure or delay in performance due to contingencies beyond a party’s reasonable control, including strikes, riots, terrorist acts, compliance with Applicable Laws or governmental orders, fires and acts of God, shall not constitute a breach of this Agreement.
ATTORNEYS’ FEES. If any litigation is commenced under this Agreement, the successful party shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys’ fees, expert witness fees, litigation related expenses, and court or other costs incurred in such litigation or proceeding.
CONSENT TO TRANSACT ELECTRONICALLY. By executing this Agreement, Customer understands and agrees: (a) to complete this transaction and receive related communications electronically; (b) that this Agreement has the same force and effect as an agreement signed in writing; (c) that Blue Star may provide disclosures required by law or other information regarding its legal rights and duties electronically; (d) that Customer must have, at its own expense, a device and software that enables it to receive and view requisite computer files (e.g. PDF files, web browser, etc.…); and (e) that if Customer wants a paper copy of this Agreement or any notice, it may print a copy or download the information for its records;. Customer and Blue Star agree that an electronically stored copy of this Agreement constitutes proof of the contents of this Agreement, as though it were an original.
MISCELLANEOUS. This Agreement sets forth the entire agreement of the parties, whether written or oral, that exist between the parties regarding the subject matter of this Agreement. Blue Star shall have no confidentiality obligation with respect to any Waste Materials. This Agreement shall be binding upon and inure solely to the benefit of the parties and their permitted assigns. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall be modified so as to be valid, legal and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision may be severed from this Agreement. In either case, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby.