Roll With It, LLC, a Wisconsin, U.S.A. limited liability company, 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 Roll With It, 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 Roll With It's 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 Roll With It, 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. Roll With It, LLC intakes and processes all Equipment rental or request for service orders either via telephone, via our email which is firstname.lastname@example.org or via our website which is located at www.rollwithitllc.com (the “Website”). Customer acknowledges and agrees that upon Customer’s placement of an order for a rental of Equipment or request for service (either via telephone, email or via the Website), and Roll With It's acceptance of such order, then a binding and enforceable rental agreement shall exist between Roll With It, 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 Roll With It, LLC are accepted with the understanding that each such order is subject to Roll With It's ability to obtain and furnish the Equipment to Customer. Customer is solely responsible for contacting Company (either via telephone, email 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).
3. Delivery and Pick Up of Equipment. Roll With It, 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. Roll With It, 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. In the event that Roll With It, LLC attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond Roll With It's 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, then Roll With It, LLC shall be entitled to an dry run inconvenience fee. The standard dry run inconvenience fee is $150.00; provided that, if Roll With It, LLC incurs additional charges, fees, fines, penalties costs and/or expenses related to the dry run, then Roll With It, 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 Roll With It, 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 Roll With It, LLC; provided that applicable prices for each Equipment rental transaction will be confirmed by Roll With It, LLC at the time of Customer’s placement of an order for such Equipment. Customer hereby expressly authorizes Roll With It, LLC to retain your credit card information and charge your credit on a for rental fees and all other charges to which Roll With It, 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, Roll With It's authorization to charge your credit card is revoked and/or cancelled by Customer or any third-party, then Roll With It, 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 Roll With It's remedies against Customer.
5. Cancellation and Cancellation Fees. Any rental order, once placed with and accepted by Roll With It, LLC, may not be cancelled by Customer except upon the consent of Roll With It, LLC, which may be withheld within the sole discretion of Roll With It, LLC. In the event that Roll With It, LLC agrees to accept a cancellation after acceptance of Customer’s order, then Roll With It, LLC 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 your scheduled delivery and a cancellation fee in the amount of $150.00 if the cancellation occurs thereafter.
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 Roll With It, 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, Roll With It, 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 Roll With It, 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 Roll With It, LLC is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to Roll With It, LLC (including Customer’s reimbursement of all such Overload Expenses to Roll With It, LLC), Customer will pay Roll With It, LLC a fee not to exceed the amount of $45.00 per ton in excess of the applicable weight restriction for the Equipment (“Overload Fee”), as determined within the sole discretion of Roll With It, LLC. Customer acknowledges and agrees that all Overload Fees assessed by Roll With It, LLC against Customer may be charged to Customer’s credit card.
7. 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 and/or hazardous materials and substances. 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.