Commercial Waste Hauling and Disposal Service. For all service requests, contact Dumpster Crunchers directly.
✉ hauling@dumpstercrunchers.comThis Service Agreement (this “Agreement”) is entered into by and between Dumpster Crunchers LLC, a Colorado limited liability company, with its principal office located at 1500 N. Grant Street, Suite C, Denver, Colorado 80203 (“Dumpster Crunchers”); and the customer identified below in this Agreement (the “Customer”). This Agreement is effective as of the date accepted by the Customer, as stated below (the “Effective Date”).
Dumpster Crunchers will provide waste hauling and disposal service (the “Service”) for the Customer in accordance with this Agreement. Management of the Service provided and responsibilities of Dumpster Crunchers and its Customers are governed by the provisions of this Agreement, which include the general provisions and the specific service provisions in the “Initial Scope of Service,” which appears below in this Agreement before the acceptance block. Except as stated below, no Customer purchase order or other written or verbal instructions are binding on Dumpster Crunchers. Changes to the Initial Scope of Service (such as to extend the length of the agreement or change the pricing) or the addition of a subsequent scope of service (such as to add a new service location) can only be through a Subsequent Scope of Service document signed on behalf of Customer and Dumpster Crunchers, by whatever name of that document (a “Subsequent Scope of Service” document). The provisions of this Service Agreement will apply to the Initial Scope of Service and to a Subsequent Scope of Service document, if any; except if and as modified by the Initial Scope of Service or a Subsequent Scope of Service document.
(a) Dumpster Crunchers intends to subcontract hauling and disposal obligations to a third-party provider; however, Dumpster Crunchers remains responsible to Customer for the overall quality and delivery of the Service.
(b) References to the Service provided by Dumpster Crunchers in this Agreement are to the subcontractor where applicable.
The specific provisions of the Service (such as the length of the term of the agreement and the pricing of the Service) are stated in the Initial Scope of Service below, and in a Subsequent Scope of Service document, if applicable.
(a) Unless expressly agreed by Customer and Dumpster Crunchers, in writing, in the Initial Scope of Service or a Subsequent Scope of Service document, if applicable, Dumpster Crunchers does not haul hazardous waste materials. Customer may not deposit any waste that is liquid, or any waste that is or contains radioactive, volatile, corrosive, highly flammable, explosive, biomedical, biohazardous, infectious, toxic or hazardous waste or substances (“Prohibited Waste”) into any container serviced by Dumpster Crunchers.
(b) Prohibited Waste includes, but is not limited to, tires, highly flammable or explosive materials, toxic or biohazardous materials, medical waste, radioactive materials, white goods and appliances containing freon (including refrigerators, freezers, air conditioners, and dehumidifiers), e-Waste, smoke detectors, paint, oil, hazardous chemicals, mattresses, and box springs, and any other materials which are otherwise illegal, dangerous, and/or unsafe. The purpose of Dumpster Crunchers’ standard service is solely to haul and dispose of Customer’s non-hazardous and non-toxic solid waste.
Dumpster Crunchers shall have the right to inspect, assess, or photograph any container prior to or during service. If any container is reasonably believed to contain Prohibited Waste, Dumpster Crunchers may, at its option, decline to service the container on that visit. Title to and liability for Prohibited Waste shall remain with Customer at all times. Customer shall indemnify, hold harmless, and reimburse Dumpster Crunchers for all costs, damages, fines, and third-party expenses incurred as a result of or relating to Customer’s deposit of Prohibited Waste in any serviced container; including costs of inspection, testing, remediation, and analysis.
Dumpster Crunchers will arrange for the collection waste materials on the schedule agreed upon by Customer and Dumpster Crunchers, as specified in the Initial Scope of Service and in a Subsequent Scope of Service document, if applicable. Dumpster Crunchers will arrange for proper disposal of waste materials collected from Customer in accordance with applicable State, Federal, Local, EPA and RCRA regulations.
(a) The Service includes the cost of hauling and disposal of the tonnage specified in the Initial Scope of Service or a Subsequent Scope of Service document, if applicable. Colorado law governs gross vehicle weight of the vehicle hauling waste. In addition, waste disposal charges are directly related to weight. Customer agrees to pay to Dumpster Crunchers any overweight charges imposed by applicable authorities or disposal facilities.
(b) Containers must not be filled above the top edge. Dumpster Crunchers can refuse hauling of containers filled over the top or containers that exceed legal weight limits, and can terminate this Agreement if Customer does not abide by these restrictions.
(c) If a container is overloaded or overweight, preventing completion of the Service upon arrival, a trip charge (as specified in the Initial Scope of Service or in a Subsequent Scope of Service document, if applicable) shall apply (a “Trip Charge”).
(a) Customer is responsible for ensuring clear and safe access to all containers on scheduled service days. If a container is inaccessible, blocked, or if any other condition beyond Dumpster Crunchers’ control prevents completion of the Service upon arrival at Customer’s location, a “Trip Charge” shall apply (as specified in the Initial Scope of Service or in a Subsequent Scope of Service document, if applicable).
(b) Delays at the request of the Customer when Dumpster Crunchers has arrived on Customer’s site to perform the Service are billable items subject to Additional Charges (as discussed below and as specified in the Initial Scope of Service or in a Subsequent Scope of Service document, if applicable).
Customer acknowledges and agrees that the Hauling & Disposal Fee stated in the Initial Scope of Service or a Subsequent Scope of Service document, if applicable, covers only the base cost of scheduled waste hauling and disposal service as described in that document. Any charges assessed beyond the agreed hauling fee — including but not limited to overweight fees, disposal surcharges, fuel surcharges, permit fees, Prohibited Waste remediation costs, Trip Charges, wait time, landfill gate fees, or any other extraordinary costs incurred by Dumpster Crunchers in the performance of the Service for Customer (“Additional Charges”) — are the sole responsibility of Customer and will be invoiced separately. Dumpster Crunchers will make reasonable efforts to notify Customer of anticipated Additional Charges in advance when known in advance, but Customer’s obligation to pay such charges is not contingent upon advance notice of any Additional Charges.
All containers and equipment used to provide service to the Customer are and shall remain the property of Dumpster Crunchers or its subcontractor (as applicable). Customer agrees to provide Dumpster Crunchers with access to its containers at all reasonable times in order to provide the Service over surfaces that can sustain the weight and operation of Dumpster Crunchers’ trucks and containers. Customer acknowledges that Dumpster Crunchers shall not be liable for any damage to driving surfaces or container placement surfaces resulting from trucks serving containers on the agreed upon areas at Customer’s location. Customer will not file any lien, nor allow any lien to be filed by others, against any Dumpster Crunchers equipment or containers.
Payment of fees by Customer are due within 30 days after the date of the invoice from Dumpster Crunchers, unless otherwise specified in the Initial Scope of Work or in a Subsequent Scope of Work document, if any. Interest will accrue on all amounts unpaid after the due date at a rate of the lesser of one and one half percent (1.5%) per month, or the highest rate permitted by law, until paid in full.
Dumpster Crunchers may temporary suspend or delay the performance of the Service if an event beyond its control prevents or hinders performance of the Service. Dumpster Crunchers will not be responsible for any failures, interruptions, or delays in performing its obligations under this Agreement caused by a national emergency, power blackouts, riot, war, strikes, floods, fires, acts of God, or by any other cause outside Dumpster Crunchers’ or it subcontractor’s control.
(a) Except as otherwise may be stated in the Initial Scope of Service or a Subsequent Scope of Service document, Customer can only terminate this Agreement in accordance with Section 3(b) above, or as follows: If Dumpster Crunchers is in breach of this Agreement, Customer can terminate this Agreement if Dumpster Crunchers does not cure the breach within 30 days after Customer notifies Dumpster Crunchers, in writing, of the breach.
(b) Dumpster Crunchers can terminate this Agreement, as follows:
(a) Customer cannot assign this Agreement or any of its obligations under this Agreement.
(b) Dumpster Crunchers may assign or subcontract its obligations under this Agreement without Customer’s consent, provided that the assignee is bound by this Agreement.
Customer agrees that it is the generator of the waste subject to this Agreement. As such, ownership of and all responsibility for any and all possible liability for direct, secondary, or consequential damage related to the waste remains with Customer during and after transport by Dumpster Crunchers. Dumpster Crunchers provides hauling and disposal of Customer’s waste material only. Dumpster Crunchers’ aggregate liability, if any, arising because of the Service or otherwise is limited to the amount of the fees received by Dumpster Crunchers from Customer for the particular Service visit giving rise to the claim. In no event will Dumpster Crunchers have responsibility for any special, indirect, incidental, consequential, exemplary, or punitive damages, loss of profits or revenue, or loss of use, even if informed of the possibility of such damages. To the extent permitted by applicable law, these exclusions and limitations will apply regardless of whether liability arises from breach of contract, warranty, tort (including, but not limited to, negligence), by operation of law, or otherwise.
Customer shall indemnify and hold Dumpster Crunchers harmless for all damages incurred by Dumpster Crunchers as a result of the Customer’s actual or threatened breach of this Agreement; including any liability arising from Prohibited Waste, site conditions, or misrepresentation of waste contents. In addition to all other legal and equitable remedies, in the event it becomes necessary for Dumpster Crunchers to enforce the terms of this Agreement, including but not limited to any action to collect sums due hereunder, Dumpster Crunchers shall be entitled to recover its reasonable attorney’s fees, expenses, and costs of collection.
Any notice, request, or other communication to be given to either party under the provisions of this agreement will be in writing and will be personally delivered; or sent via courier or by certified mail with delivery charges/postage prepaid; and addressed to the parties at the addresses in this Agreement, or to such other addresses as either party provides to the other in writing prior to the giving of notice. Notices may also be given by e-mail if the recipient has previously notified the sender of his/her e-mail address and the recipient has not previously advised the sender in writing not to send notices by e-mail. Notices will be deemed delivered (a) when received, if given by personal delivery, courier, or if applicable, by e-mail, or (b) five business days after deposit with the U.S. postal service with proper address and postage paid; except that if delivery of any notice properly given under this provision is refused or delivery cannot otherwise be completed, the notice will be deemed delivered on the first attempted delivery.
This Agreement, including the Initial Scope of Service below, and a Subsequent Scope of Service document, if applicable, constitutes the entire Agreement between the parties, and supersede any and all prior Agreements and arrangements, whether oral or written, between the parties related to its subject matter. Except as specified below, no modification of this Agreement shall be binding unless in writing and signed by both parties. This Agreement shall be construed in accordance with the laws of the State of Colorado, excluding its choice of law provisions. The parties agree that any appropriate state or federal court located in Colorado has exclusive jurisdiction over any case or controversy arising under or in connection with this Agreement and is the proper forum in which to adjudicate the case or controversy. EXCEPT IF PROHIBITED BY APPLICABLE LAW, CUSTOMER AND DUMPSTER CRUNCHERS EACH KNOWINGLY, VOLUNTARILY, AND WILLINGLY WAIVE THE RIGHT TO TRIAL BY JURY. The prevailing party in any legal action arising out of or related to this Agreement will be entitled to recover from the other party its costs and expenses incurred in the action, including its reasonable attorneys’ fees. The failure of either party to insist upon the performance of any provision of this Agreement will not be considered a waiver of that provision, and the provision will continue in full force and effect. If a court of competent jurisdiction makes a final determination that any provision of this Agreement is invalid or unenforceable, that provision will be modified by the court so as to best continue to carry out the intent of the parties; or severed from this Agreement if it cannot be so modified. The remaining provisions remain unimpaired. The Section headings are inserted only for the convenience of the parties, and they are not a limitation or expansion of the scope of the text of the particular Section to which each refers.
(a) In addition to hauling and disposal, Dumpster Crunchers may provide on-site mechanical compaction of waste materials in Customer’s containers using Dumpster Crunchers’ proprietary hydraulic compaction equipment (the “Compaction Service”). The Compaction Service is intended to reduce the volume of waste in a container prior to hauling, thereby reducing haul frequency.
(b) The degree of volume or weight reduction achieved through compaction varies based on the composition, density, and packing of Customer’s waste materials. Dumpster Crunchers makes no representation, warranty, or guarantee regarding any specific compaction ratio, volume reduction percentage, or resulting reduction in haul frequency or cost, and any figures discussed with Customer are estimates only.
(c) In addition to the Prohibited Waste described in Section 04, Customer shall not deposit into any container subject to compaction any pressurized or aerosol containers, lithium or other batteries, propane cylinders, glass in significant volume, liquids, or any other materials that pose a risk of rupture, combustion, explosion, or injury when subjected to mechanical compaction force (collectively, together with Prohibited Waste, “Restricted Materials”). Dumpster Crunchers reserves the right to decline to compact any container reasonably believed to contain Restricted Materials, without liability to Customer.
(d) Dumpster Crunchers may inspect the contents of a container prior to performing the Compaction Service and may decline to compact all or part of a container’s contents at its sole discretion, including where Customer’s container is not, in Dumpster Crunchers’ judgment, structurally suitable for compaction. Dumpster Crunchers’ election to inspect, or its failure or decision not to inspect, shall not create or expand any duty, obligation, or liability on the part of Dumpster Crunchers, and Customer’s sole responsibility for Restricted Materials under this Agreement is not diminished by any inspection performed or not performed.
(e) Customer acknowledges that mechanical compaction applies significant hydraulic force to the contents of a container, and that the presence of Restricted Materials in a container during compaction can cause rupture, combustion, explosion, projectile debris, or other hazardous conditions. Customer assumes full and sole responsibility for ensuring that no Restricted Materials are placed in any container serviced by Dumpster Crunchers, regardless of who placed the material in the container (including Customer’s employees, tenants, contractors, invitees, or any third party with access to the container).
(f) CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS DUMPSTER CRUNCHERS, ITS SUBCONTRACTOR, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, FINES, PENALTIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OF ANY KIND — INCLUDING, WITHOUT LIMITATION, BODILY INJURY, DEATH, AND PROPERTY DAMAGE TO ANY PERSON, INCLUDING CUSTOMER’S EMPLOYEES, CUSTOMER’S CONTRACTORS, AND THIRD PARTIES — ARISING OUT OF OR RELATING IN ANY WAY TO THE PRESENCE OF RESTRICTED MATERIALS IN ANY CONTAINER SERVICED OR COMPACTED BY DUMPSTER CRUNCHERS, REGARDLESS OF WHETHER DUMPSTER CRUNCHERS INSPECTED OR FAILED TO INSPECT THE CONTAINER, AND REGARDLESS OF WHETHER DUMPSTER CRUNCHERS KNEW OR SHOULD HAVE KNOWN OF THE PRESENCE OF SUCH MATERIALS, EXCEPT TO THE EXTENT SUCH CLAIM IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DUMPSTER CRUNCHERS.
(g) NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, DUMPSTER CRUNCHERS’ ONLY POTENTIAL LIABILITY ARISING FROM PERFORMANCE OF THE COMPACTION SERVICE IS LIMITED TO DIRECT PHYSICAL DAMAGE TO A CUSTOMER-OWNED CONTAINER PROXIMATELY CAUSED BY DUMPSTER CRUNCHERS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN THE ACTUAL OPERATION OF ITS COMPACTION EQUIPMENT. DUMPSTER CRUNCHERS IS NOT LIABLE FOR ANY OTHER LOSS, COST, INJURY, DEATH, OR DAMAGE OF ANY KIND ARISING FROM OR RELATED TO THE COMPACTION SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGE CAUSED BY RESTRICTED MATERIALS, DAMAGE TO A CONTAINER THAT WAS NOT STRUCTURALLY SUITABLE FOR COMPACTION, OR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSS, ALL OF WHICH ARE CUSTOMER’S SOLE RESPONSIBILITY AS DESCRIBED ABOVE.
(h) Customer acknowledges that performance of the Compaction Service requires Dumpster Crunchers’ vehicle to remain on-site longer than a standard haul, and to operate hydraulic equipment at Customer’s location. Customer shall ensure the service area can accommodate this extended dwell time and equipment operation, in addition to the access requirements described in Section 08.
(i) A container found unsuitable for compaction after Dumpster Crunchers has arrived on-site — due to Restricted Materials or structural condition — shall be treated as a Trip Charge event under Section 08, unless otherwise addressed as an Additional Charge under Section 09.