It is important that you read and understand all of the terms and conditions contained on this website (www.bargainservices.com) (the “Website”) before you place an order with Bargain Services, LLC (“Bargain Services”). By using this Website and the facilitator services provided by Bargain Services hereunder (the “Services”), you acknowledge and agree that you accept the terms and conditions contained on this Website.
Limitation of Liability
Release/Indemnity
Misc.
Force Majeure
Deliver and Pick-Up
Fees and Other Charges
Reps/Warranties
Credit Card Authorization
Equipment Care
Attorney Fees
Limitation of Liability

By using this Website and the Services hereunder, you acknowledge and understand that (i) Bargain Dumpster acts as a facilitator or a middleman between you and a dumpster company provider (the “Provider”) to arrange for the delivery and pick-up of a dumpster(s) at a location designated by you, (ii) Bargain Dumpster does not own any dumpsters, is not a dumpster Provider and does not have any ownership interest in any dumpster Provider, and (iii) Bargain Dumpster does not endorse any Provider or guaranty the performance of, the equipment of, or any services provided by, any Provider.  As such, Bargain Dumpster is not responsible for any damage to any person or to any property, real or personal (including but not limited to pavement, walkways, driveways, curbing, vehicles, landscaping and/or structures located on the property), caused by the delivery, use, or pick-up of a dumpster or any other services or products provided by the dumpster Provider.

In no event shall Bargain Dumpster be liable to you or to any third party for any incidental, indirect, special, consequential or punitive damages whatsoever, or any other damages or loss arising out of or related to your use of this Website, your use of the Services, or the performance or breach thereof, regardless of the theory of liability (contract, tort or otherwise), even if Bargain Dumpster has been advised of the possibility thereof.  Bargain Services’ entire liability for any matter arising from or related to your use of this Website and/or your use of the Services shall be limited to the amounts paid by you or on your behalf to Bargain Services.

Release/Indemnity

In consideration for being permitted to use Services and this Website, you, for yourself and for your heirs and personal representatives, (i) hereby release and agree to hold harmless and forever discharge Bargain Services and its members, managers, employees and agents (collectively, the “Released Parties”) of, from and against any and all claims, demands, rights, causes of action, damages, losses, costs, expenses (including without limitation attorneys’ fees and costs), present or future, now existing or which may hereafter accrue, whether known or unknown, anticipated or unanticipated, and the consequences thereof, resulting from or arising out of, or in any way incident to, your use of this Website, your use of the Services, and any and all injury, disability, death, or loss or damage to person or property (real or personal),  whether caused by the negligence of any of the Released Parties or otherwise, except that which is the result of gross negligence and/or willful misconduct on the part of Bargain Services, and (ii) agree that you will not make any demand or claim, or commence, prosecute, cause or permit to be prosecuted, any action or proceeding of any description whatsoever against any of the Released Parties for damages, expenses, or losses, of whatever nature, including the consequences thereof, which arose or allegedly arose, are based on, or are connected, directly or indirectly, with the use of this Website and/or the Services provide hereunder.

In consideration for being permitted to use Services and this Website, you, for yourself and for your heirs and personal representatives, (i) hereby release and agree to hold harmless and forever discharge Bargain Services and its members, managers, employees and agents (collectively, the “Released Parties”) of, from and against any and all claims, demands, rights, causes of action, damages, losses, costs, expenses (including without limitation attorneys’ fees and costs), present or future, now existing or which may hereafter accrue, whether known or unknown, anticipated or unanticipated, and the consequences thereof, resulting from or arising out of, or in any way incident to, your use of this Website, your use of the Services, and any and all injury, disability, death, or loss or damage to person or property (real or personal),  whether caused by the negligence of any of the Released Parties or otherwise, except that which is the result of gross negligence and/or willful misconduct on the part of Bargain Services, and (ii) agree that you will not make any demand or claim, or commence, prosecute, cause or permit to be prosecuted, any action or proceeding of any description whatsoever against any of the Released Parties for damages, expenses, or losses, of whatever nature, including the consequences thereof, which arose or allegedly arose, are based on, or are connected, directly or indirectly, with the use of this Website and/or the Services provide hereunder.

If any damage, accident or injury is caused by a dumpster or the dumpster Provider or its employees or agents, you, in consideration for being permitted to use the Services, agree to direct any claim against the dumpster Provider and agree to hold Bargain Services and all other Released Parties harmless in connection therewith.

Misc.

1.    Rules Regarding Use of Dumpsters.  Do not overload the dumpster.  The level should not exceed the “water level” on the top of the dumpster.   Weight limits vary by size.

2.    Prohibited Items.  Though we pride ourselves on our ability to help customers with all kinds of different waste; there are still certain items that we absolutely cannot accept in our dumpsters. This applies to any and all flammable, toxic, or hazardous materials, as well as additional items that you cannot throw in a dumpster. To determine if your materials fall under these categories check for warning labels and symbols on the items in question. Most chemical products will fall under these categories, including household cleaning solutions and sprays.

Additional prohibited items include the following:

Tires
All tires of any kind are prohibited due to the damage they can cause to landfills. Whole tires are capable of “floating” to the top of a landfill as methane gas builds up inside the tire’s inner wall, breaking plastic liners and ventilation pipes in the process. Tires should be left with local recyclers or reclamation companies in your area.

Batteries
Car batteries are particularly hazardous due to their lead-acid composition. These batteries contain high levels of lead and other heavy metals that cannot be mixed with other wastes. Anytime you find yourself with a dead car battery, take it to an auto parts store or authorized recycling center.

Stumps
Tree stumps are generally prohibited from landfills due to their bulkiness and tendency to cause damage to landfill liners. That being said, you have a couple of different options for disposal. You can call up your local recycling center to see if they accept tree stumps, rent a wood chipper and reduce your stump to mulch for your trees or garden, or hire a landscaping company to remove it for you.

Railroad Ties
Railroad ties are pieces of creosote-treated lumber used in the construction of railroad tracks. Railroad ties fall under prohibited items because of their creosote content, a substance derived from pitch tar that can be harmful when handled improperly. They are generally not accepted by landfills and should be disposed of according to local, state, and federal guidelines. It is not advised to burn or mulch railroad ties as their creosote coating can release harmful chemicals into the air.

Paints & Lacquers
Paints and lacquers are prohibited due to their potential for containing harmful elements such as lead or mercury, especially those manufactured prior to the 1990’s. They can also damage or permanently stain equipment such as garbage trucks and dumpsters. If you have leftover paint cans, consult our guide to learn how to properly recycle or dispose of them.

Oils
Prohibited oils include those used in automobiles and those used as general industrial lubricants. Used motor oil can be recycled through a number of nationwide retailers, as well as most auto parts and mechanic shops.

Asbestos
Asbestos is a flame retardant material found in older homes and various industrial products. It is considered to be a carcinogen in most US states and is therefore banned from most landfills. Removing asbestos-containing materials from homes or offices is highly dangerous and should only be done by licensed contractors.

Infectious Waste
Infectious waste consists of materials used in medicine or that have come into contact with bodily fluids. Items such as hypodermic needles and used bandages should be disposed of through waste haulers that are licensed to handle, transport, and dispose of medical waste.

Contaminated Soils & Absorbent
Contaminated soils and absorbents that are mixed with hazardous substances cannot be disposed of through normal MSW haulers. Contaminated soils must either be treated or contained per federal superfund guidelines. Contaminated absorbents must likewise be treated or disposed of via hazardous waste processors.

Ink & Resins
Ink used in pens and printers, as well as resins, can damage equipment and stain the interior of dumpsters. These are best disposed of through recycling centers and/or retailers with drop-off locations.

Industrial Drums
Industrial drums are used to contain the byproducts of a number of different industrial processes. Often, these substances are considered hazardous and should be disposed of through licensed haulers and industry participants. Clean drums can be recycled as scrap metal.

Food Waste
Though food waste can be landfilled we do not allow for its disposal in our dumpsters due to its potential to attract vermin and spoilage. If you have to dispose of large amounts of food waste, consider using municipal trash services or sending the waste to local composting centers.

Fuel
All fuel types are banned from landfills, and therefore, our dumpsters. Gasoline/petroleum is highly flammable and should only be disposed of if it can no longer be used as a fuel source. Disposal should only be handled by hazardous waste disposal centers. Consult your local fire department or recycling center to find hazardous waste disposal centers near you.

Adhesives
Adhesives such as glue or epoxy should be disposed of with regular household trash or recycling, rather than a dumpster. Loose adhesives can damage the container or cause waste items to become entangled and hard to remove.

Refrigerants
Items containing refrigerant must be evacuated according to federal disposal guidelines. This is to ensure that no hazardous chemicals are introduced into the environment. Properly drained refrigerators can be disposed of using regular dumpsters in some cases, contact us to determine if we can accept your refrigerator.

3.    Disclaimer.  This website is provided “as is” without any representations or warranties, express or implied. Bargain Services, LLC and BargainDumpster.com make no representations or warranties in relation to this website or the information and materials provided on this website.
Bargain Services, LLC makes every attempt possible, in a timely and reasonable manner to make sure all data on this website is accurate, true, up-to-date and of the highest quality. However, we provide dumpster rental services nationally and every city/market/area is different and our service areas, availability, sizes and prices change frequently and those changes are not always immediately reflected on this website. From time to time it may take a day or two (or more over the weekend) to have our web developers/webmasters make any necessary updates. Without prejudice to the generality of the foregoing paragraph, Bargain Services, LLC and BargainDumpster.com does not warrant that:
•    this website will be constantly available, or available at all; or
•    the information on this website is always 100% up to date due to the reasons mentioned above.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

4.    Severability.  If any provisions contained in this Website are held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of terms and conditions hereof and shall in no way affect, impair or invalidate any other provision herein contained.

Force Majeure

Bargain Services is not responsible for any failure to perform the Services, if it is prevented or delayed in performing the Services by an event of force majeure.  An event of force majeure is an event or circumstance which is beyond the control and without the fault of Bargain Services, including but not limited to the following:  acts of God, Providers and the scheduling of delivery and/or pick-up of dumpsters, fire, earthquake, flood, snow, ice, hazardous road conditions, equipment failure, power shortages, strikes, lock-outs, general governmental orders or restrictions, war, threat of war, hostilities, revolutions, riots or epidemics.

Deliver and Pick-Up

Bargain Services will use commercially reasonable efforts to arrange with the Provider(s) for the timely delivery and pick-up of dumpsters.  However, you acknowledge that, because we do not have control over the Providers, the availability of dumpsters, or any other event of force majeure, we cannot and do not guarantee delivery or pick-up times or dates.

It is your responsibility to contact Bargain Services to schedule dumpster pick-up.

Fees and Other Charges

$25-$125 Cancellation Fee: We charge $25.00 to cancel your order and refund your credit card , prior to 3:00 pm the business day before your scheduled delivery.  We charge a $125.00 fee if you cancel or modify your order the day of the scheduled delivery and/or after 3:00 pm the business day prior to delivery.  Our credit card processing company charges us a transaction fee for every order we process.  Therefore, when we refund your credit card it will be for the amount we charged minus $25-$125.

Dry Run Charge (s): Bargain Services LLC charges a fee for unsuccessful container pick-up or drop-off attempts. When this happens, we call this a “dry run”.  When a container is unable to be dropped off or picked up due to the following reasons, a fee is charged to the customer.  Valid reasons for us to charge a client the dry run fee include but are not limited to: overloaded containers, low laying power lines or tree branches, cars or any items or materials blocking access, door open on the container, material heaped up or hanging over the sides of the container, containers to heavy to be removed, locked gates or fences, inaccessible driveways or parking lots for any reason(s) out of our control.  The dry run fee can range from $150-$200.  This fee covers the drivers pay, fuel, and time for re-routing the drivers planned schedule.

Reps/Warranties

By using the Website and the Services, you acknowledge that (i) Bargain Services has not made any warranty or representation, express or implied, written or oral, statutory or otherwise, concerning any Provider, employees or agents of any Provider, services or equipment owned or used by any Provider, any insurance carried by any Provider, the performance of any Provider, or any other matter or thing related to any Provider or services provided by any Provider.
YOU ACKNOWLEDGE THAT THE PERFORMANCE OF THE SERVICES BY BARGAIN SERVICES IS WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, ALL OF WHICH REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, ARE HEREBY EXPRESSLY DISCLAIMED BY BARGAIN SERVICES.

Credit Card Authorization

Due to the fact that we accept payment via credit card by phone prior to delivery of the container and due to a certain level of uncertainty, because fees and or charges can apply after the initial container order,  you agree and give authorization to Bargain Services, LLC to retain your credit card information for up to 120 days beyond the last day of your container rental and to charge your credit card for any fees or charges that may apply which are covered in the terms and conditions listed above.

Equipment Care

The equipment furnished hereunder by  Bargain Dumpster  shall remain the property of Bargain Dumpster, however, Customer acknowledges that it has care, custody and control of the equipment while at the Customer’s location and accepts responsibility for any loss or damage to the equipment (except for normal wear and tear or for loss or damage resulting from Bargain Dumpster’s handling of the equipment) and for its contents. Customer agrees not to overload (by weight or volume), move or alter the equipment, and shall use the equipment only for its proper and intended purpose. Customer agrees to indemnify, defend and hold harmless Bargain Dumpster  against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property arising out of Customer’s use, operation or possession of the equipment.

Attorney Fees

In the event of breach of the Agreement by either party, the breaching party shall pay all reasonable attorney’s fees and costs of the other party incident to any action brought to enforce this Agreement. In the event Customer fails to pay Bargain Dumpster  all amounts which become due under this Agreement, Customer agrees to pay, in addition to the amount due, any and all costs incurred by Bargain Dumpster as a result of such failure to pay, and including to the extent permitted by law, reasonable attorney fees.