This document was last updated on December 22, 2017
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before renting equipment (the “Service”) from Big Ass Dumpsters and BigAssDumpsters.com (the “Company”,“us”, “we”, or “our”).
By accessing, purchasing or using our Service you agree to be bound by these Terms.
Legally Binding Agreement
By using or engaging in our equipment rental service(s), you hereby acknowledge and agree to the terms and conditions below. Big Ass Dumpsters takes all waste service orders via our website located at www.bigassdumpsters.com or via phone. Therefore, we are unable to obtain a written and/or signed service agreement. For all intents and purposes regarding financial and/or legal issues, the terms and conditions found here shall constitute a legally binding service agreement and shall have the same force and effect as a signed service agreement. IF YOU DO NOT AGREE WITH THESE TERMS AND OR CONDITIONS, PLEASE DO NOT USE OUR SERVICE(S).
All equipment rentals are subject to the following terms and conditions:
You acknowledge that Big Ass Dumpsters, reserves the right to contract or subcontract any or all order placements or equipment rentals to other third party waste service providers. If any damages occur to any equipment rented from Big Ass Dumpsters, customer agrees that Big Ass Dumpsters shall be held harmless and the customer will be held liable for those damages or losses from the equipment for any reconciliation, financial reimbursement, financial retribution, settlement, or other issue directly related to any contracted or subcontracted hauling company.
Customer acknowledges that any telephone numbers posted on and/or adhered to the Equipment belong to third-parties and should not be used for the purpose of attempting to contact Big Ass Dumpsters.
Terms & Conditions and Prohibited Material
Fees will apply if and when weight limits are exceeded. A fee of $45 – $150 per ton of overage will be charged for any weight beyond your allowed tonnage limit. The actual fee will be determined based on your service area and equipment size. Please do not overload the container. The dumpster contents should not exceed “water level” at the top of the container. “Water level” means the contents of the container should not extend past the top of the container. The contents should not be heaped up or hang out over the side(s) of the container.
There will be a service charge for driver delay, inaccessible drop-off or pick-up and container dig out. An additional rate will be charged for any tires, stumps, or railroad ties found in the containers. No flammable, toxic, and/or hazardous material, thinners, lacquers, paints, paint filters, solvents, oils, oil filters, contaminated absorbents, asbestos, batteries, infectious waste, contaminated soils, fuels, inks, resins, car tires, car batteries, food wastes, adhesives or industrial drums to be placed in container. Any item containing refrigerant must be evacuated according to federal law before disposal.
Waiver of Liability
Big Ass Dumpsters shall NOT be responsible for ANY DAMAGES to customer’s pavement, curbing or any other driving surfaces resulting from any third party equipment provider’s service at the customer’s location. The Company shall not be responsible for any damages to the customer’s property including but not limited to driveways, walkways, structural damages, or damage to landscaping and lawn. If any damages occur to any equipment rented from Big Ass Dumpsters, customer agrees that Big Ass Dumpsters shall be held harmless and the customer will be held liable for those damages or losses from the equipment for any reconciliation, financial reimbursement, financial retribution, settlement, or other issue directly related to The Company or any contracted or subcontracted hauling company.
Big Ass Dumpsters charges a fee for unsuccessful container pick-up or drop-off attempts. When this happens, we call this a “trip” charge or “Dry Run” charge. When a container is unable to be dropped off or picked up after the driver has been dispatched, a fee is charged to the customer.
Reasons for us to charge a customer 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 to pick up or drop off a container, door open on a container, material heaped up or hanging over the sides of the container, containers that are too 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 is $150. This fee covers drivers pay, fuel, and time for re-routing the drivers planned schedule which takes an immense amount of work. Provided that, if Big Ass Dumpsters incurs additional charges, fees, fines, penalties costs and/or expenses related to the dry run, then The Company 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 Big Ass Dumpsters 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.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices for Equipment rentals are stated via phone or may be listed on our website from time to time, as modified from time to time within the sole discretion of Big Ass Dumpsters; provided that applicable prices for each Equipment rental transaction will be confirmed by Big Ass Dumpsters at the time of Customer’s placement of an order for such Equipment. Except as otherwise mutually agreed in writing between Customer and Big Ass Dumpsters, Customer will pay Big Ass Dumpsters weekly throughout the applicable rental term via credit card payment.
Customer hereby expressly authorizes Big Ass Dumpsters to retain your credit card information and charge your card on a weekly basis for rental fees and all other charges to which Big Ass Dumpsters 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, Big Ass Dumpsters authorization to charge your credit card is revoked and/or cancelled by Customer or any third-party, then Big Ass Dumpsters, 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 Big Ass Dumpster’s remedies against Customer.
You as the user acknowledge and understand that our pricing is subject to change with or without prior written notice before an order is placed. Big Ass Dumpsters will not change pricing on a current order placed by a user. User acknowledges and understands that pricing is up-front and well detailed when placing an order. User acknowledges and understands that additional charges will be applied to the payment method on file for any conditional fees, overages or fines imposed by the landfill or transfer station. All fees, overages and fine pricing is detailed and well documented when agreeing to placing an order.
Credit Card Authorization
Due to the fact that we accept payment via credit card over the phone prior to delivery of the container(s) and due to a certain level of uncertainty, fees and or charges can apply after the initial dumpster order, such as, but not limited to, weight overage charges, rental day charges, dry run and dig out fees. You agree and give authorization to Big Ass Dumpsters 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 list in this agreement.
Cancellations & Refunds
Any rental order, once placed with and accepted by Big Ass Dumpsters, may not be cancelled by Customer except upon the consent of Big Ass Dumpsters, which may be withheld within the sole discretion of Big Ass Dumpsters. In the event that Big Ass Dumpsters agrees to accept a cancellation after acceptance of Customer’s order, then the Company 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. If the cancellation occurs on the day of delivery and the driver is already in route, then the a refund will be deemed non-refundable.
Delivery and Pick Up Service
We will use commercially reasonable efforts to ensure timely and reliable delivery and pick up of equipment. However, due to circumstances beyond our control, we cannot and do not guarantee delivery or pickup times or dates. Inclimate weather, hazardous roads and driving conditions, traffic delays, motor vehicle accidents, delays at landfills, equipment failure, etc., happen occasionally and we cannot be responsible for these delays.
Big Ass Dumpsters 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. 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.
If it rains, snows, sleets, hails, etc. while the dumpster is in your possession, please understand we have no control over these acts of God. This may affect the weight of your dumpster. We do not have in our possession or at our disposal any tools or technology to prevent rain, snow, etc. from entering your dumpster. You have the option to place a tarp or sheets of plywood or any other type of barrier over the dumpster opening to prevent the entry of rain or snow.
Additionally, the dumpsters are NOT water-tight and will not hold water beyond the saturation of materials in the dumpster and/or a minimal pooling on the floor of the dumpster.
Please understand that our company has to pay the landfill for the disposal of the contents of your dumpster. We are charged based on weight and if a dumpster is heavier because of water saturation, we still have to pay the landfill too.
Weight Overages and Overloads
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, Location, 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 Big Ass Dumpsters 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, Big Ass Dumpsters 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 Big Ass Dumpsters 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 Big Ass Dumpsters is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to Big Ass Dumpsters (including Customer’s reimbursement of all such Overload Expenses to Big Ass Dumpsters), Customer will pay Big Ass Dumpsters a fee not to exceed the amount of $150.00 per ton in excess of the applicable weight restriction for the Equipment (“Overload Fee”), as determined within the sole discretion of Big Ass Dumpsters.
Customer acknowledges and agrees that all Overload Fees assessed by Big Ass Dumpsters against Customer may be charged to Customer’s credit card.
Limitation Of Liability
EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF BIG ASS DUMPSTERS, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST BIG ASS DUMPSTERS RELATING TO OR ARISING FROM CUSTOMER’S RENTAL OF THE EQUIPMENT AND/OR BIG ASS DUMPSTER’S PERFORMANCE UNDER THE RENTAL DOCUMENTS, INCLUDING, BUT 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, INCLUDING, 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, AND BIG ASS DUMPSTERS MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET YOUR REQUIREMENTS.
These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Entire Agreement & Changes
Upon Big Ass Dumpster’s acceptance of the Customer’s order for the rental of the Equipment, the terms and conditions set forth herein and as set forth in the Rental Documents (including, but not limited to all requirements as set forth in Big Ass Dumpster’s Website), shall constitute the entire agreement between Customer and Big Ass Dumpsters, and no statement, correspondence, or other terms shall modify or affect the terms hereof or thereof. No change in these terms and conditions will be valid unless approved by Big Ass Dumpsters in writing. We reserve the right, at our sole discretion, to modify or replace these Terms at any time with no prior notice.
If you have any questions about these Terms, please contact us at
Mailing Address: 300 Galleria Parkway STE 1870 Atlanta, GA 30339
This document was last updated on December 22, 2017