Terms and Conditions

1. Agreement

(a) This agreement is made as of the appointment date, by and between Anthony Montijo and A-Haul-Away, and the customer requesting service/signing, representing the property at the service address provided. This agreement will use the words Dumpster and Dump Trailer interchangeably. By scheduling an appointment by website, phone, text, or verbal agreement, you understand that this agreement applies to all rentals and services.  

2. Service Offered 

(a) Equipment – The Signing Customer agrees to rent a 12 foot long, 8 foot wide, & 4 foot tall dump trailer with rubber tires from Anthony Montijo and A-Haul-Away. This is also equal to 15 Cubic Yards. The dumpster must not be moved by the customer at any point or time before, during, or after the rental.  If a trailer needs to be moved, the Signing Customer must call Anthony Montijo and A-Haul-Away at 707-480-5691 and a dry run fee of $250 will be charged to have a truck respond and move. If the dumpster is moved at any time by the Signing Customer, during the rental period in the Signing Customers possession, or at the service address for the Signing Customer during an active rental period, the rental will be terminated, with no refund, all dump fees will be billed to the Signing Customer, and a $100 fee will be assessed.

(b) Price & Rental Length - $385for a 24 hour rental. $425 for a 48 hour rental. $485 for a 72 hour rental. $200per day additional charge for anything past 72 hours unless explicitly agreed upon by Anthony Montijo and A-Haul-Away. This includes 1 ton/2000 Lbs. of debris. $100 non-refundable deposit due to schedule, balance due at time of delivery. Cash or electronic payments are accepted.

(c) Weight Limit – The Signing Customer agrees to restrict tonnage to 1 ton. If the Signing Customer exceeds the relevant tonnage limit, the Signing Customer hereby agrees to pay an additional fee of $100 per ton for up to 4 tons, or $120 per ton for construction or demolition debris. For each ton after 4 tons, the Signing Customer hereby agrees to pay an additional fee of $500for each ton in excess of the limit for that dumpster. Overage fee will have a 7 day grace period on invoice payment. There will be a $50 per day late fee for any unpaid invoices after the 7 day grace period. 

(d) Dump & Returns / Empties – The Signing Customer agrees that the rental periods includes 1 load per dumpster. If additional loads are needed, the Signing Customer must call Anthony Montijo and A-Haul-Away to empty the container for an additional fee of $300per load. The Signing Customer agrees that each rental period includes 1 ton, no matter the amount of dump & returns received. Any loads containing construction of demolition debris will have an additional fee of $120 per load. 

(e) Placement of Dumpster – The Signing Customer certifies that they are either the property owner, has power of attorney for the property owner, or is the licensed contractor/broker for the property. The Signing Customer may not sublet the dump trailer for any reason. Sublet dumpsters will terminate the rental period, incur a $1,000 fee, and all dump fees will be billed to the Signing Customer. The Signing Customer warrants and represents that any location provided by the Signing Customer for the dumpster is sufficient to bear the weight and size of the dumpster and any vehicle required to transport the dumpster. Anthony Montijo and A-Haul-Away shall not be responsible for any damage to pavement or any other road surface material, lawns, fences, shrubbery, septic system, private well, or any other form of property damage. The Signing Customer warrants and represents that the location the dumpster is placed is safe from vandalism and damages. The Signing Customer agrees to notify Anthony Montijo and A-Haul-Away of any damage or vandalism at any time.

(f) Dumpster Accessibility – The Signing Customer agrees to provide unobstructed access to the dumpster on the day it is to be picked up. If the dumpster is inaccessible at the time of pick up, a $50 fee will be assessed for the time spent having it unobstructed. If the dumpster is completely inaccessible and the driver is unable to make a pick up after +/- 30 minutes, the Signing Customer shall be charged for additional rental time at the rate of $300 per day.

(g) Dumpster Readiness - Debris may not extend above the top rim of the dumpster. The tarp must be able to roll completely over the top without obstruction. The end doors must be closed and secured before it can be removed. Overfilled or unprepared containers will be brought into compliance at the Signing Customer’s expense at the rate of $75 for the first hour, and $50 per hour thereafter. 

(h) Labor Services – Labor is provided on a per job or hourly basis depending on the job and will be agreed upon n writing outside of this contract. We are not responsible for the cost to repair or replace any item beyond the value of the item itself. In the event that a customer requests repair or revision of work, it is at our discretion whether that work is deemed normal or acceptable to typical standards for the given material, work, and condition of the work in question is truly in need of repair or revision. If it is deemed at our responsibility you correct, we will do so at no cost to the customer. 

3. Content Regulations 

(a) Responsibility – The Signing Customer is fully responsible for the entire contents of the container and is the rightful owner of the container’s contents until the container is dumped and the contents accepted by the prospective disposal facility. 

Hazardous Waste and Unacceptable Material Prohibited –The Signing Customer warrants and represents that the dumpster will not contain any hazardous materials and acknowledges that the disposal of such hazardous materials is strictly prohibited and can be subject to a $28,000 fine from the State of California. For purposes of this Agreement, “hazardous materials shall mean any waste which is listed, has the characteristics of, or is otherwise identified as hazardous waste or subject waste under applicable state or federal laws or regulations, including but not limited to the Resource Conservation and Recovery Act of 1976 (42 U.S.C. et seq. and the regulations promulgated thereunder). “Unacceptable material” shall mean any non-hazardous waste which is not permitted to be processed at a facility under applicable laws or permits, source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 and the regulations thereunder; asbestos-containing waste; mercury-containing waste; and any waste delivered by the Signing Customer which is not approved by Anthony Montijo and A-Haul-Away. If the Signing Customer has any questions about whether a particular material is considered hazardous, please call Anthony Montijo and A-Haul-Awaybefore disposing of the material in the dumpster. No hazardous waste is permitted, including poisons, flammable solids, corrosives or acids, flammable liquids, compressed gases, explosives, and oxidizers. There is a $500 per hour hazardous waste removal fee, with a 1 hour minimum. No tires permitted, $150per tire removal fee. No TVs, appliances, or electronics waste permitted, $150 per item removal fee. 

(b) Consequences of Violating Regulations - If contents that are not allowed by this contract or any Federal, State, or City agency are disposed of inside of the dumpster related to this agreement, all costs, fines, penalties, or other actions taken for said disposal, the Signing Customer is fully responsible for any and all associated charges. Costs may include but not be limited to cleanup, monitoring, legal fees, penalties, or any other charges associated with unauthorized material disposal. Materials may be returned to the Signing Customer at the Signing Customer’s expense.

4. Permits, Approval, and Fees - The Signing Customer shall be responsible for obtaining all necessary permits and approvals and paying all fees that may be incurred in conjunction therewith.

5. Indemnification - The Signing Customer agrees to indemnify and hold harmless Company from, against, and in respect to any and all claims, losses, expenses, damages, obligations and liabilities (including costs of collection and reasonable attorney’s fees) of any kind or nature whatsoever, including any misrepresentation, breach of warranty, or non-fulfillment of any representation, warranty, covenant or agreement of or by the Signing Customer in this Agreement. This provision shall survive the termination of this Agreement.

6. Entire Agreement - This Agreement contains the entire agreement between the Parties and supersedes all prior agreements and understanding, oral or written, between the Parties with respect to the subject matter hereof. No representation, inducement, promise, understanding, condition or warranty not set forth herein has been made or relied upon by either Party hereto.

7. Amendment - This Agreement may be modified only by an agreement in writing signed by the Parties hereto. 

8. Governing Law - This Agreement shall be construed and enforced in accordance with the laws of the State of California, without regard to the conflicts of law rules of such state.

9. Severability - The Signing Customer agrees that each provision contained in this Agreement shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein. Moreover, if one or more of the provisions or parts thereof contained in this Agreement shall for any reason be held to be excessively broad as to scope, activity or subject so as to be unenforceable at all, such provision or parts or provisions shall be construed by the appropriate judicial body by limiting and reducing it or them, so as to be enforceable to the extent compatible with the then applicable law.

10.  Waiver - A waiver of any claim, demand or right based on the breach of any provision of this Agreement shall not be construed as a waiver of any other claim, demand or right based on a subsequent breach of the same or any other provision.

11. Notice - Any notice required or permitted to be given under this Agreement shall be sufficient only if in writing and if sent by United States mail, certified, return receipt requested, postage prepaid, to the Parties at the addresses set forth in the first paragraph of this Agreement.