Terms & Conditions

Last Updated: 03/19/26

Please Note:

Customers may be required to remove any Prohibited Materials/Hazardous Waste from containers prior to pick up and/or may be levied a trip charge unless chooses to dispose of Prohibited/Hazardous Waste.  You agree to reimburse 200% of any cost of disposal incurred by Red Wagon Hauling.

Payment Terms:

Rental fees are payable at the time of order per the Payment Terms on the website order form and/or this Agreement. Any applicable weight or daily overages will be charge at the time of container pickup and contents disposal. Customer agrees to allow Contractor to automatically withdraw payment from Customers' account via ACH or credit card for rental fees, applicable weight overages, daily overages, and any outstanding fees related to the equipment rental. Contractor may impose and Customer agrees to pay a late fee for all late payments at the rate of 1.5% per month (18% annual) after payment is due. In the event that any payment is not made when due. Contractor may terminate or suspend service under this agreement on oral or written notice to the Customer and recover any damages including past due amounts, late fees, attorney fees, collection costs and expenses and interest. Accepted payment methods: Master Card, Visa, Amex, check, or ACH funds transfer.

When you pay for an order using your bank account, you authorize Contractor to debt your bank account up to the total amount of your purchase, including applicable taxes, fees, weight overages, daily overages and any outstanding fees related to the equipment rental. You also authorize Contractor to further debt or credit your bank account to correct any erroneous debt, make necessary adjustments to your payment, or to issue a refund back to your bank account.

Customer authorizes Contractor to make any inquiries or obtain any information, including a credit report or other credit checks, that Contractor determines are necessary to verify Customers' bank account. Contractor may suspend, refuse, or remove your ability to make a payment using Customers' bank account without notice for any reason at any time.

If Customers' bank returns any payment using Customers' bank account unpaid (for example, insufficient funds available), Contractor may retry the payment. Customers' bank may charge Customer an overdraft or other fees for each payment failure. Additionally, Customer authorizes Contract to charge any other valid payment method Contractor may have on file for any amount that remains unpaid after any attempted charge. Contractor may initiate a collection process or legal action to collect any money owed to Contractor. Customer agrees to pay all Contractor's costs for such action, including any reasonable attorneys' fees.

Payment Dispute:

In the event Customer fails to pay Contractor for disposal services or equipment or in the event Customer is in default of this Agreement, Contract may enter Customer's premises and remove Contractor's equipment and any materials deposited therein, or may leave equipment on site, without providing service; until payment in full is made. Customer shall remain liable for all monthly fees incurred during suspension of service for non-payment and possibly a resume service fee at Contractor's discretion. Customer shall indemnify, defend and hold Contractor harmless from any claims and costs for the removal of Contractor's equipment and the removal of Customer's materials from Contractor's equipment.

General:

These Terms and Conditions shall apply to all contracts for the supply of Services by the Contractor to Customer and shall prevail over any other documentation or communication by the Customer. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Contractor. All communications between Customer and Contractor including but not limited to emails, SMS, MMS, and phone calls are recorded and Customer acknowledges and agrees to recording of all communications.

In the event this Agreement has not been signed by the Customer, it shall be binding via performance of services by Contractor effective upon the date of Contractor's acceptance of Customer's failure to return a signed copy of this Agreement Acceptance of delivery of equipment by Customer constitutes acceptance of the following Agreement.

Taxes & Municipal Charges:

Pricing quoted does not include applicable sales tax or municipality franchise fees and surcharges, if any.

Customer's Duties & Liability:

The Customer has the legal right and full authority to enter into and perform its obligations under this agreement. Customer shall be responsible for the safekeeping of Contractor's equipment and for providing a secure and safe work environment for all parties. Customer shall not remove or move the equipment or make any alterations or improvement without the expressed written consent of Contractor. Customer shall not overload the equipment, nor use if for incineration purposes. Customer is liable for any loss, damages, or costs in excess of reasonable wear and tear or as a result of overloaded equipment. under no circumstances shall any container be filled above the top of the container. Total weight added to equipment can under no circumstances exceed 10 tons. Any third-party waste compaction services are prohibited. Custer is responsible for all damages done to equipment by any compaction equipment and will be liable for repair costs up to, but not limited to, complete replacement of the equipment. Customer understands that Contractor cannot weigh the container prior to removal of the loaded container due to the expense involved and thus the liability of the weight is fully held by the Customer, including any overweight tickets that Contractor may incur. Customer shall indemnify, defend and hold Contractor harmless from and against all claims and liabilities for injury or death to persons or loss or damage to property arising out of Customer's use, operations or possession of the equipment. Contractor reserves the right to remove (e.g., dump out) materials from its equipment in instances where Contractor determines, in its sole discretion, that its equipment is overloaded, by either weight or volume, or in instances of Customer's nonpayment. Customer is solely and exclusively liable for any and all fees, fines, property damage clean-up costs and/or other costs associated with such removal of materials. If Customer's facility is locked, Customer hereby authorizes Contractor, if necessary, at Contractor's discretion, to remove any type of locks by whatever means needed in order to access its equipment at any time.

Customer will NOT move our dumpsters from the original delivery location. Pushing, pulling or moving dumpsters with heavy equipment, commercial or private vehicles may cause damage to the rear door and prevent it from latching properly. Customers who move a dumpster will be liable for sheet metal or rear door hinge repair upward of $6000.

Damage to Equipment:

Customer agrees not to modify or move equipment without the written consent of waste hauler, Red Wagon Hauling. Additionally, customer acknowledges that the use of 3rd party services, such as Smash My Trash, Dumpster Crusher, or Dumpster Devil, using motorized rotary grinding hydraulic equipment to compact, crush, or reduce the volume of waste within waste equipment will cause long-term, and sometimes, immediate damage; and can also cause the waste hauler truck to be over legal gross wight limit. During the rental period, the customer is liable for damages caused by these services and all associated legal fees. Any damage and associated repair/replacement costs to Company equipment while on-site will be the responsibility of the customer (except for damage resulting from handling of the equipment) and abuse, graffiti, items other than sewage waste in tanks, etc. Use of 3r party dumpster compaction services is not allowed with any Company equipment and will result in a $150 fee due to potential damage to containers.

Applicable Fees:

• Weight Overage: An excess load charge of per ton (or fraction thereof) will apply to weight that exceeds the quoted tonnage per container.
• Manipulation Required: A $150 charge will apply for handling of overfilled containers (loaded above the "do not load above this line" level): containers requiring re-balancing, removal of prohibited waste, or any other manipulation prior to transport.
• Cancellation: A $150 cancellation fee will apply for cancellations received within less than 12 hours from scheduled delivery. A $150 cancellation fee applies to a cancellation occurring on day of delivery.
• Unserviceable Conditions: A $150 trip charge will apply for unserviceable conditions (i.e. container not ready for pick-up; inadequate or insufficient room for container pick-up or drop-off; access to site or to container is blocked;etc).
• Towing Fee: If Contractor's Truck or Container or Equipment is stuck in mud, grass, sand, or other unservicable area and a Heavy Duty Tow Service is required to winch out or otherwise remove Contractor's Truck or Container or equipment then the Towing Fee will be charged to Customer; these fees range from $500-$5000 depending on the conditions of the site.

Adequacy of Access & Service Site:

Contractor will exercise reasonable care i the performance of contracted services. Customer warrant that the access to site and location designated for placement of Contractor equipment is adequate and capable of bearing the weight of the equipment and of vehicles required to perform the service. Customer also warrants sufficient overhead and side clearance to accommodate the placement, and movement of vehicles/containers. Contractor shall not be responsible for any damage to pavement or any sub-surface or any access route employed to perform the services contracted. contractor shall not be responsible for any incidental damage to lawns, fences, or shrubbery that may occur in connection with the performance of the contracted services. Customer assumes all liability for any damage to pavement, lawns, fences, mailboxes, irrigation systems, shrubbery, walls, corrals, gates,or overhead objects such as electrical wire, overhanging roof lines or eaves and trees, whether such obstacles are within Customer's lot line or a neighboring property.

Limited Liability:

Contractor (including the franchisor, any parents, affiliate, officers, directors, employees, or other agency of Contractor) shall not be liable to Customer or any other party beyond the remedies set forth herein including any liability for Contractor's equipment malfunction or unavailability for use. Contractor will not have any liability for any damages arising from the use of the Contractors equipment. Contractor will not be liable for lost profits, loss of business, or other incidentals, indirect, consequential, special, or punitive damages or for any claim by any third party except as expressly provided herein. This limitation shall apply regardless of the cause or circumstance giving rise to such loss, damage, or liability, circumstance, be liable or responsible for any damage to property or injury to persons or death suffered in the use, operation, and or handling of Contractor's equipment covered by this Agreement or otherwise in connection therewith, no matter how caused or occasioned. Customer assumes all risk and liability for and in connection with the Contractor's equipment covered by and during the terms of this Agreement or any holdover period, and Customer indemnifies and holds Contractor harmless from all claims, lawsuits, loss, insures (including death), liability and expenses, including attorney's fees, by reason of Customer's use, operation, transportation, and/or handling of the Contractor's equipment, excepting any loss due to the gross negligence or intentional misconduct of Contractor, Customer has been given and understands operating and safety instructions.

Permits:

Customer is responsible for obtaining from relevant municipal and/or county authorities any permits required for the use and placement at portable toilets and containers at the site, and for ensuring that the location of rented equipment complies with all applicable ordinances, regulations, etc.

Waste Material & Prohibited/Special Exception Items:

Customer represents and warrants that the materials placed in the container shall be permitted waste and shall not contain any Prohibited or Hazardous waste or materials described herein. The following materials may not be placed in equipment unless otherwise agreed to in writing. Special exceptions may require an additional fee.