CAT DUMP, LLC
TERMS AND CONDITIONS
10-19-2023
By using the various websites and software applications offered through www.catdump.com and related software of CAT Dump, LLC (Contractor) you agree to the full terms and conditions stated below. These terms may be updated from time to time by Contractor and will be posted online at https://www.catdump.com/terms-conditions.
Your continued use of services offered by Contractors or equipment procured through its software shall indicate your continued acceptance of any updated conditions to these Terms and Conditions.
These Terms and Conditions shall apply to your rental, transport, or usage of one or more dumpsters procured either directly from Contractor or through Contractor’s network of third-party dumpster owners and transporters (collectively the “Contractor Network”).
For simplicity, the dumpsters rented under this agreement shall be deemed “Contractor’s equipment,” regardless of whether Cat Dump or a third party owns such equipment.
All Contractor’s equipment (e.g., dumpsters); hauler services (e.g., dumpster transportation); sanitation equipment (e.g., port-o-potty, washing stations, etc.); and other transportable construction and construction-related equipment offered through the Cat Dump website or mobile application (collectively “Software”) shall be provided at agreed-upon costs posted in the Software. Such costs may include, without limitation, rental fees, transport fees, taxes, tonnage fees, permit fees, or any other fee necessary to rent, transport, deliver, and use dumpster and related equipment to Contractors. For example, if tonnage fees are required by a Contractor for transporting a dumpster rented through the Software, the purchasing Contractor shall pay such fees. Acceptance of any rental or hauler proposal by you shall confirm your agreement and commitment to pay the agreed-upon price of the accepted proposal. And you agree to pay such fees as a condition of renting or hauling Contractor equipment.
For haulers of Contractor equipment, you agree to pay Contractor a surcharge of 15% of the gross contracted price agreed to between two parties in the Contractor Network for renting, hauling, and/or using Contractor Equipment (the “Fee for Haulers”). This Fee for Haulers shall be paid either directly through the Software or, when payment is handled outside of the Software, directly to Cat Dump LLC via wire, ACH, direct deposit, or check—remittance information therefor shall be provided by Contractor.
Customer represents and warrants that the materials placed in the equipment shall be “waste material” as defined herein and shall contain no other substances. The term “waste material” as used in these Terms and Conditions shall mean all solid waste (including recyclable materials) generated by the customer and specifically excludes, and Customer agrees not to deposit in Contractor’s equipment or place for collection by Contractor any appliance with Freon, tires, Carpet and Carpet pad, paints, liquids, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, bio-hazardous, toxic, or hazardous material as defined by applicable federal, state, provincial, or local laws or regulations (Excluded Waste). The term “hazardous material” shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended or
applicable by law.
Customer shall pay Contractor for the collection and disposal provided by Contractor including any digout, relocation, rental, blocked container and/or excess disposal charges levied, but not prepaid by Customer in accordance with the schedule of charges as outlined on the Order Summery attached to and made part of these Terms and Conditions. For all amounts billed and not paid in advance, Customer shall make payment within ten (10) days after date of an invoice from Contractor, after which Customer hereby authorizes Contractor to charge the Customer’s credit card provided in the above Credit Card Authorization Form all such amounts billed and not paid in advance. Contractor may impose, and Customer agrees to pay, a late fee of the lesser of either 1% per month or the maximum amount allowed by law on balances not paid within thirty (30) days of the date of the invoice. In the event that any payment is not made when due, Contractor may, at his sole option, terminate services, recover all past due amounts and recover any equipment from the premises. Contractor reserves the right to charge a fee no greater than that allowed by law on all Customers checks returned for insufficient funds.
Credit Card Customers are charged for services at the time an order is placed. CHARGES FOR THE INITIAL
SERVICE MAY NOT BE THE ONLY CHARGES THAT A CUSTOMER IS RESPONSIBLE FOR
ULTIMATELY. CUSTOMER AUTHORIZES CONTRACTOR TO CHARGE THEIR CREDIT CARD
FOR ANY AND ALL EQUIPMENT RENTED, TRANSPORTATION OF EQUIPMENT, OR OTHER SERVICES OFFERED THROUGH THE SOFTWARE AND AGREE TO BE RESPONSIBLE FOR PAYMENT OF ALL BILLS RELATED TO SUCH EQUIPMENT AND WORK, IN ACCORDANCE WITH THE STATED TERMS AND CONDITIONS. CREDIT CARD CUSTOMERS AGREE TO PAY ANY OVERWEIGHT CHARGES (DISPOSAL ABOVE CONTAINER’S DESIGNATED WEIGHT LIMIT) AND/OR ANY OTHER ADDITIONAL CHARGES THAT ARISE OUT OF THIS AGREEMENT, AND AUTHORIZE BILLING FOR THESE CHARGES AT THE RATES INDICATED ON THE ORDER SUMMARY.
Customer warrants that any right of way provided by Customer for Contractor’s equipment is sufficient to bear the weight of all Contractor’s equipment and vehicles reasonably required to perform the services herein contracted. Contractor shall not be responsible for damage to any private driving surface, pavement or accompanying subsurface of any route reasonably necessary to perform the service herein being contracted and Customer assumes all liabilities for damage to driving surface, pavement or road services and entire container placement site.
The equipment furnished or made available hereunder by Contractor shall remain the property of either Contractor or a third party in the Contractor Network. Customer acknowledges that they have care, custody and control of the equipment while at the Customer’s location and accepts responsibility for all loss or damage to the equipment, either to Contractor or the third-party owner of such equipment, other than for normal wear and tear.
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 Contractor against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damages to property arising out of Customer’s use, operation or possession of the equipment. Customer agrees to provide unobstructed access to the equipment on the scheduled pick up day. If the equipment is inaccessible so that the schedule pick up cannot be made, Contractor will notify the Customer and afford the Customer an opportunity to provide the required access. Contractor reserves the right to charge an additional fee if a return trip is required. Leaving a site unattended does not excuse liability or charges for contamination or overages.
Customer agrees not to load any of the Unacceptable Materials listed below into the dumpsters. Doing so shall result in additional fees charged by Contractor depending on the material loaded.
Customer assumes all liability for the dumpsters being rented from Contractor through the Contractor Networks. If a dumpster is lost, stolen, or otherwise not returned within one week of its return date to the dumpster’s owner (either Contractor or a third party in the Contractor Network), Customer shall pay Company a replacement value for such dumpster, which shall be the higher of $40,000 or the cost to purchase a new dumpster of similar proportions and configurations.
Customer agrees to indemnify and hold Contractor harmless against any damage done to any rented dumpster or trailer, property damaged from any rented dumpster or trailer, or person damaged from any rented dumpster or trailer while the dumpster or trailer are in possession of Customer.
TITLE TO AND LIABILITY FOR ANY EXCLUDED WASTE SHALL REMAIN WITH THE CUSTOMER AND CUSTOMER EXPRESSLY AGREES TO DEFEND, IDEMNIFY AND HOLD HARMLESS CONTRACTOR FROM AND AGAINST ANY AND ALL DAMAGES, PENALTIES, FINES AND LIABILITIES ARISING OUT OF SUCH EXCLUDED WASTE ABOVE.
Every contracted dumpster rental includes both a disposal allowance (noted on the order confirmation and initial invoice) and a rental period of seven (7) business days. After the final removal of a container, or the interim removal of multiple containers at one location, a weight will be recorded when it is taken to a disposal facility and emptied. Weighing the container is done on a scale. The weight of the refuse is determined by subtracting the weight of the container and of the truck from the total weight registered when the truck passes over the scale. At the point the weight of the refuse is reported to Commercial Management Systems, an additional invoice will be generated for any excess weight over the allowed allowance. If the container has not exceeded the initial disposal allowance and the container was not held longer than the 7-day rental period, no additional charges will result. Please refer to the attached order summary for a listing of additional charges you may be liable for.
If Customer would like to cancel the order, they must do so by calling our customer service department during Contractor’s Normal Business Hours (Monday – Friday, 8AM – 5PM EST, excluding Holidays) at 214-684-5103 or through Contractor’s mobile application. Cancellations attempted after 5:00PM, during weekends and major holidays are not recognized until the next BUSINESS DAY. Cancellations confirmed within (1) business day of the scheduled delivery date will result in a minimum fee of $125.00. Cancellations made after the container has been dispatched will result in additional fees, including, but not limited to: trip cost, fuel fees, tolls and any other costs incurred by Contractor as a result of the disruption.
In the event Customer fails to pay Contractor all amounts which become due under this Agreement, Customer agrees to pay, in addition to the amount due, any and all costs incurred by Contractor as a result of such failure to pay, including to the extent permitted by law, reasonable attorney fees and/or reasonable collection fees.
Any dispute regarding rented Contractor equipment between Customer and Contractor shall be resolved exclusively by the federal and state courts of Texas, with venue in Tarrant County, Texas. Both Contractor and Customer agreed to submit to such jurisdiction.
**Containers will not be removed from site if any of these materials are found**
Appliances containing Freon Motor Oil Hydraulic Oil Petroleum Products
Gasoline/Diesel Fuel Pool Cleaning Agents Medical Waste Paints
Radioactive Waste Fertilizers Fluorescent Light Bulbs Oxidizing Agents Tires Asbestos
Materials that have Additional Charges if Found in Container
Mattresses/ Box Springs Tires Appliances TV/ Computer Monitors
Dirt Rock Roofing Concrete
**Recommended size Dumpster for these types of materials would be a 10yd container; If 20yd is the only
size available please only fill halfway full**
For any questions please call our toll-free number at 855 228-3867
Agreed and Accepted, as indicated either through signature below or by checking the “I Accept” box and clicking Submit :
