Golden State Disposal Terms of Service
Golden State Disposal Inc. (“Company”), an incorporated company in California, U.S.A., agrees to rent specified dumpster equipment (“Equipment”) to customer (“Customer”) according to the terms and conditions set forth in this document. Unless explicitly stated here in this document, or as otherwise communicated by Golden State Disposal Inc. to Customer, the following terms and conditions, including the Rental Documents (as defined in this below) shall apply to and govern all commercial and residential dumpster rentals through Golden State Disposal Inc.
1. Acceptance and Service Contract
This transaction, including Golden State Disposal Inc.’s rental of Equipment to Customer, is limited to and conditional upon Customer’s assent to and acceptance of all terms and conditions outlined in this document and set forth in any related rental document. These include and are not limited to any quotation, proposal, acknowledgement and/or invoice (collectively referred to from here onward as the “Rental Documents”).
The terms and conditions defined here shall apply to and govern all Rental Documents, including any agreement, order, and/or transaction. These terms and conditions, along with the Rental Documents, constitute the entire agreement between Golden State Disposal Inc. and Customer.
Any terms set forth by Customer contained in any request for quotation, purchase order, release, acknowledgement, or any other Customer document which are different or additional to the terms and conditions set forth in this document are explicitly denied, objected to, rejected, and excluded. Any such condition shall be of no force or effect. Only the terms outlined here in this document and any related Rental Documents may dictate the terms and conditions of the transaction between Golden State Disposal Inc. and Customer.
2. Ordering Process
Golden State Disposal Inc. intakes and processes all Equipment rental orders either via telephone or through the website, which is located at www.goldenstatedisposal.com (the “Website”).
Customer acknowledges and agrees that after Customer’s placement of an order for rental of Equipment and Golden State Disposal Inc.’s acceptance of such order, then a binding and enforceable rental agreement shall exist between Golden State Disposal Inc. and Customer. This agreement is governed by the terms and conditions set forth in this document as well any applicable Rental Documents.
All rental orders accepted by Golden State Disposal Inc. are accepted with the understanding that each such order is subject to Golden State Disposal Inc.’s ability to obtain and provide the Equipment to Customer. Customer acknowledges that all order fulfillment through Golden State Disposal is contingent upon availability and capacity.
Customer is solely responsible for contacting Company 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 3 in this document, found below).
3. Delivery and Pickup of Equipment
Golden State Disposal Inc. will use commercially reasonable efforts to ensure timely delivery and pick up of Equipment. Company cannot, and does not, guarantee delivery times or dates due to circumstances beyond Company’s control, including, but not limited to inclement weather; hazardous roads and/or driving conditions; traffic delays; motor vehicle accidents; delays at landfills; city or county restrictions and limitations; and equipment failure. Golden State Disposal Inc. 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 or transport, nor attempt to move or transport (either directly or indirectly), the Equipment from the designated site without prior notice to and written consent from Golden State Disposal Inc.. This consent may be withheld at the sole discretion of Golden State Disposal Inc..
In the event that Golden State Disposal Inc. attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond Golden State Disposal Inc.’s control then Golden State Disposal Inc. shall be entitled to a dry run inconvenience fee. These events include but are 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”).
The standard dry run inconvenience fee is $125.00. If Golden State Disposal Inc. incurs additional charges, fees, fines, penalties, and/or expenses related to the dry run, then Golden State Disposal Inc. may increase the dry run inconvenience fee in order to recoup any such costs. Customer acknowledges and agrees that Golden State Disposal Inc. is authorized and entitled to charge to Customer’s credit card the amount of any such dry run inconvenience fee. Customer is solely responsible for any fees, penalties, fines, assessments, charges, costs, and expenses asserted by a third-party incurred in connection with the movement, placement and/or use of the Equipment. Third parties may include but are not limited to towing-companies and/or government entities such as cities or counties.
In the event of Customer’s violation and/or breach of the Rental Agreement (including these Terms and Conditions set forth in this document), Company may, within Company’s sole discretion, without prior notice or 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. Company may also pick-up the Equipment at any time if required by order of any local, county and/or state government or agency.
4. Pricing and Payment Terms
Estimated, not official, prices for Equipment rentals are stated on the Website, as modified from time to time within the sole discretion of Golden State Disposal Inc.. Applicable prices for each Equipment rental transaction will be confirmed by Golden State Disposal Inc. at the time of Customer’s placement of an order for such Equipment.
Except as otherwise mutually agreed in writing between Customer and Golden State Disposal Inc., Customer will pay Golden State Disposal Inc. via credit card payment immediately upon finalizing order. Customer hereby expressly authorizes Golden State Disposal Inc. to retain Customer’s credit card information and charge Customer’s credit card at the time of rental. Customer acknowledges and agrees that their credit card will also be charged for any additional costs as shown in the pricing section of the website, www.goldenstatedisposal.com, and all other fees to which Company is entitled as outlined in this document.
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 return or pick-up of Equipment.
If, at any time during a rental term, Golden State Disposal Inc.’s authorization to charge Customer’s credit card is revoked and/or cancelled by Customer or any third-party, then Golden State Disposal Inc., 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 Golden State Disposal Inc.’s remedies against Customer. Customer is still responsible to pay the fees due Golden State Disposal, Inc. after any such a termination of credit card authorization.
5. Cancellation and Cancellation Fees
Any rental order, once placed with and accepted by Golden State Disposal Inc., may not be cancelled by Customer except upon the consent of Company, which may be withheld within the sole discretion of Company.
In the event that Golden State Disposal Inc. agrees to accept a cancellation after acceptance of Customer’s order, then Golden State Disposal Inc. shall be entitled to a cancellation fee (which may be charged to Customer’s credit card) in the amount $25.00 if the cancellation occurs prior to 3:00 p.m. the business day before the scheduled delivery. A cancellation fee in the amount of $100.00 if the cancellation occurs if the cancellation is placed anytime after 3:00 p.m. the business day before the scheduled delivery.
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 piece of Equipment has a designated weight specification and corresponding weight limitation. These specifications vary based on the size and type of the Equipment as well as other factors;
(b) the size and/or volume of the particular piece of Equipment does not define or determine the corresponding designated weight specification and weight limitation for such 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 Equipment rented from Golden State Disposal Inc. and for strictly complying with such restrictions. Compliance methods include but are 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 Golden State Disposal Inc. 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, Golden State Disposal Inc. may incur and pay for any such charges, expenses, penalties and/or fines from a landfill or other third-party, whether private or public. In these circumstances, Company may incur costs including, but not limited to, traffic fines and penalties or other consequential damages (collectively the “Overload Expenses”).
In the event that Golden State Disposal Inc. incurs any Overload Expenses relating to or in connection with Customer’s failure to comply with applicable weight restrictions, then Customer will pay Golden State Disposal Inc. a fee not to exceed the amount of $125.00 per ton in excess of the applicable weight restriction for the Equipment (“Overload Fee”), as determined within the sole discretion of Golden State Disposal Inc.. These fees are in addition to all other remedies to which Golden State Disposal Inc. is entitled as outlined in this document and all related Rental Documents as well as any other amounts, fees, charges and expenses due from Customer to Company (including Customer’s reimbursement of all such Overload Expenses to Golden State Disposal Inc.). Customer acknowledges and agrees that all aforementioned fees assessed by Golden State Disposal Inc. against Customer may be charged to Customer’s credit card.
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 as a “Permit”). Customer acknowledges and agrees that Customer (and not Golden State Disposal Inc.) 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. Customer will be liable for any and all rental fees, fines, penalties, and/or costs incurred in dealing with such circumstances.
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; tree stumps; railroad ties; chemically treated lumber; paints and lacquers; oils; asbestos; infectious waste; contaminated soils and absorbents; inks and resins; industrial drums; water heaters and water tanks; food waste; fuels; adhesives; refrigerants and other toxic materials; and/or hazardous materials and substances. A non-exclusive list of certain Prohibited Substances is available on Golden State Disposal Inc.’s 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. 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.
Customer agrees to indemnify, defend, and hold harmless Golden State Disposal Inc., 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 or near 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.
CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST GOLDEN STATE DISPOSAL INC. RELATING TO OR ARISING FROM CUSTOMER’S RENTAL OF THE EQUIPMENT AND/OR GOLDEN STATE DISPOSAL INC.’S PERFORMANCE. THIS INCLUDES, BUT IS 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. THE ONLY EXCEPTION SHALL BE IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF GOLDEN STATE DISPOSAL INC.. DAMAGES WAIVED INCLUDE, 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. GOLDEN STATE DISPOSAL INC. MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE QUALITY OR COMMERCIAL ACCEPTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE, OR THAT THE EQUIPMENT WILL MEET YOUR REQUIREMENTS.
11. Governing Law
Any and all disputes arising from or in connection with the transaction between Golden State Disposal Inc. 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 interpreted in accordance with and governed by the laws of the State of California, U.S.A., without giving effect to the conflict of laws provisions of such State. All such disputes include any matters of construction, validity and performance.
Any provision outlined in this document or the corresponding Rental Documents which may be prohibited by applicable law shall be ineffective in accordance with the specifications of such prohibition without invalidating the rest of of the terms and conditions outlined here or the Rental Documents.
12. Jurisdiction and Venue
Any and all disputes arising from or in connection with the transaction between Golden State Disposal Inc. 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 Court of _____, California, U.S.A., or in the United States Federal District Court for the ___ District of California, ____ Division.
Customer hereby consents to the exclusive jurisdiction and venue of the ____, California, U.S.A., or in the United States Federal District Court for the ___, ____ Division.
Customer hereby waives any objection or defense based on improper jurisdiction and/or forum non conveniens.
Neither this transaction (including the Rental Documents), nor any part or portion of Customer’s performance under this agreement is assignable by Customer in whole or part without the prior written consent of Golden State Disposal Inc., which may be withheld within the sole discretion of Golden State Disposal Inc..
14. Reservation and Rights
Golden State Disposal Inc. expressly reserves all rights and remedies which are available to it at law or in equity.
15. Entire Agreement and Modification
When Golden State Disposal Inc. accepts the Customer’s order for the rental of the Equipment, the terms and conditions described here in this document as well as those defined in the Rental Documents (including, but not limited to all requirements described on Golden State Disposal Inc.’s Website), will constitute the entire agreement between Customer and Golden State Disposal Inc.. No statement, correspondence, or other terms shall modify or affect these terms. No change in these terms and conditions will be valid unless approved by Golden State Disposal Inc. in writing.