TERMS OF SERVICE AGREEMENT
Red Hawk Dumpsters LLC
7500 Precision Drive, Suite A, Raleigh, NC 27617
(919) 823-4295 | redhawkdumpstg.wpenginepowered.com
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1. AGREEMENT AND ACCEPTANCE
This Terms of Service Agreement (“Agreement”) is entered into between Red Hawk Dumpsters LLC (“Company,” “we,” “us,” or “our”) and the party renting roll-off container services (“Customer,” “you,” or “your”). By ordering, accepting delivery, placing an order through our online booking platform, or using any container rental services, Customer acknowledges that they have read, understood, and agreed to be bound by all terms and conditions herein. Acceptance may occur electronically through our online booking system and shall be as legally binding as a written signature.
2. EQUIPMENT RENTAL AND CUSTOMER OBLIGATIONS
2.1 The Company agrees to provide roll-off container rental services according to the terms selected by Customer at the time of order placement. Available container sizes include: 10-Yard, 15-Yard, 20-Yard, and 30-Yard.
2.2 Customer acknowledges sole responsibility for ensuring compliance with all applicable federal, state, and local laws, regulations, ordinances, and permit requirements related to container placement and waste disposal.
2.3 Customer warrants that they have proper authority to place the container at the designated location and have obtained all necessary permissions from property owners, homeowners associations, or municipal authorities.
3. CONTAINER PLACEMENT, ACCESS, AND PROPERTY DAMAGE
3.1 Customer shall designate a safe, accessible location for container placement. The delivery area must provide adequate overhead clearance, ground stability, and access for Company vehicles.
3.2 Customer is responsible for ensuring clear and unobstructed access to the container at all times during the rental period, including at the time of scheduled pickup.
3.3 Company shall not be liable for damage to driveways, landscaping, underground utilities, septic systems, low-hanging wires, or any property resulting from container delivery, placement, or removal. Customer accepts full responsibility for any damage to their property or third-party property.
3.4 Customer may request optional driveway protection boards at the time of booking for an additional fee of $35.00. The availability of protection boards does not alter or limit the liability provisions of Section 3.3. Company is not responsible for surface damage regardless of whether protection boards are used.
3.5 If Company is unable to access the container due to obstruction, locked gates, vehicles, construction equipment, or any other barrier, Customer will be charged a blocked access fee of $150.00. A return trip fee will apply for rescheduled pickup.
3.6 Driver Discretion and Unsafe Conditions. Customer acknowledges that final placement location and delivery/pickup approach are subject to the driver’s sole discretion based on safety, access, ground stability, overhead clearance, weather conditions, and risk of property damage. The Company may refuse to drive across lawns, soft ground, unstable terrain, sidewalks, or driveways, or may require an alternate placement location. If the Company cannot safely complete delivery or pickup due to site conditions, obstruction, or inadequate access, applicable trip/blocked access fees may apply.
4. WEIGHT LIMITS, OVERLOADING, AND OVERAGE FEES
4.1 Each container rental includes the following weight allowance:
• 10-Yard container: 1 ton (2,000 lbs) included
• 15-Yard container: 1 ton (2,000 lbs) included
• 20-Yard container: 1.5 tons (3,000 lbs) included
• 30-Yard container: 2 tons (4,000 lbs) included
Weight overages are billed at $0.04 per pound above the included limit, as measured at the disposal facility.
4.2 Customer shall not exceed the designated fill line marked on the container. Overloaded containers will not be transported until excess material is removed at Customer’s expense.
4.3 Company reserves the right to refuse pickup of any container deemed unsafe, overweight, or improperly loaded. Additional fees will apply for return trips and corrective actions.
4.4 Company Not Responsible for Loading. Customer is solely responsible for loading the container safely and properly.
4.5 Excess Material Removal and Cleanup Responsibility. If a container cannot be hauled due to overloading or improper loading, the Company may require Customer to remove excess materials before pickup. If any materials must be removed from the container to facilitate safe transport, Customer is responsible for all associated costs and for cleaning up any removed, displaced, or fallen debris on or around the placement area. The driver reserves the right to refuse pickup of any overloaded or improperly loaded container.
5. PROHIBITED AND RESTRICTED MATERIALS
5.1 Customer shall NOT place any of the following materials in the rented container:
• Paint, liquids, oils, fuels, or chemicals of any kind
• Batteries (automotive, lithium, or otherwise)
• Medical or biological waste
• Freon-containing appliances
• Electronics (TVs, monitors, computers)
• Propane tanks or pressurized cylinders
• Hazardous waste as defined under federal or state law
• Asbestos, contaminated soils, or radioactive materials
• Tires — $25.00 per tire surcharge if found in container
5.2 Heavy Materials — Pre-Notification Required. Concrete, brick, block, dirt, asphalt, and heavy aggregates are accepted only in the 10-Yard container and only with advance notification at the time of booking. Customer must disclose the nature of heavy materials at booking so that Company can confirm container suitability and advise on weight limits. Loads consisting exclusively of concrete or masonry may be subject to additional restrictions — call (919) 823-4295 to confirm prior to booking.
5.3 Customer agrees to comply with all federal, state, and local hazardous waste disposal regulations, including but not limited to the Resource Conservation and Recovery Act (RCRA) and applicable North Carolina Department of Environmental Quality (NCDEQ) regulations. The placement of prohibited materials in the container constitutes a material breach of this Agreement.
5.4 If prohibited materials are discovered in the container, Customer will be charged all costs associated with proper disposal, including but not limited to special handling fees, transportation costs, disposal facility surcharges, regulatory fines, and administrative fees.
5.5 Customer agrees to indemnify and hold harmless the Company from any claims, penalties, fines, or liabilities arising from Customer’s disposal of prohibited or hazardous materials.
5.6 Removal, Reloading, and Loading Disclaimer. If the container is loaded with prohibited or restricted materials, or with heavy materials not pre-approved by the Company, the Company may, in its sole discretion, (i) refuse pickup, (ii) require removal of such materials by Customer, or (iii) cause the container to be dumped, sorted, and/or reloaded, and Customer shall be responsible for all associated costs, including labor, transportation, disposal facility charges, and administrative fees.
6. RENTAL PERIOD, SCHEDULING, AND PICKUP
6.1 Rental period options include 1-day, 3-day, and 7-day terms. Rental period and applicable rate are selected by Customer at the time of booking.
6.2 The rental period begins on the date of container delivery and ends on the scheduled pickup date. Extensions must be requested prior to the scheduled pickup date.
6.3 Additional days beyond the agreed rental period will be charged at a rate of $15.00 per day.
6.4 Company will make reasonable efforts to accommodate Customer’s preferred pickup date and time, but scheduling is subject to availability and operational constraints.
6.5 Customer must provide at least 24 hours’ notice to schedule container pickup. Same-day pickup requests are subject to availability and may incur additional fees.
6.6 If Customer cancels an order after the container has been dispatched for delivery, a trip fee of $150.00 will be charged.
7. FEES AND ADDITIONAL CHARGES
7.1 Customer agrees to pay all fees associated with the container rental, including but not limited to:
• Base rental fee
• Delivery and pickup charges (included in flat-rate pricing)
• Weight overage fees ($0.04/lb above included limit)
• Extra day charges ($15.00/day)
• Prohibited material disposal fees
• Trip/dry run fees ($150.00)
• Blocked access fees ($150.00)
• Driveway protection board add-on ($35.00, if requested)
• Tire surcharges ($25.00/tire)
• Permit fees (if applicable)
• Administrative fees
7.2 Trip Fee/Dry Run Fee. If Company is unable to deliver or pick up the container due to circumstances within Customer’s control (incorrect address, inaccessible location, failure to obtain permits, etc.), Customer will be charged a trip fee of $150.00.
7.3 Cancellation Fee. Orders cancelled after confirmation but prior to dispatch may be subject to a cancellation fee of $50.00.
7.4 All fees are due and payable according to the payment terms provided at the time of order. Late payments may be subject to interest charges and collection costs.
8. CUSTOMER LIABILITY AND INDEMNIFICATION
8.1 Customer assumes all risk of loss or damage to the container during the rental period, except for ordinary wear and tear.
8.2 Customer agrees to indemnify, defend, and hold harmless the Company, its officers, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
• Customer’s use of the container
• Placement of prohibited or restricted materials
• Property damage resulting from container placement
• Injury to persons or damage to property caused by Customer’s negligence
• Violations of applicable laws or regulations
• Third-party claims arising from Customer’s use of services
8.3 Possession, Control, Safety, and Cleanliness. Upon delivery of the container to Customer, the container shall be deemed to be in the sole possession and control of Customer until the container is picked up by the Company. Customer shall maintain and shall be solely responsible for the safety, security, and cleanliness of the container and the surrounding area during the rental period.
9. HAZARDOUS WASTE COMPLIANCE
9.1 Customer represents and warrants that no hazardous waste, as defined by the Resource Conservation and Recovery Act (RCRA), North Carolina General Statutes Chapter 130A, or applicable state law, will be placed in the container.
9.2 Customer is solely responsible for determining whether materials constitute hazardous waste under applicable regulations.
9.3 Any costs incurred by Company due to Customer’s disposal of hazardous materials, including cleanup costs, regulatory fines, legal fees, and disposal facility penalties, shall be borne exclusively by Customer.
10. EQUIPMENT DAMAGE AND REPLACEMENT LIABILITY
10.1 Customer is responsible for any damage to the container resulting from misuse, vandalism, theft, fire, or any cause other than ordinary wear and tear.
10.2 Customer shall immediately notify Company of any damage to the container. Failure to report damage may result in Customer being held liable for repair or replacement costs.
10.3 Repair and replacement costs will be assessed based on the extent of damage and current market rates for equipment repair or replacement.
11. PAYMENT TERMS
11.1 Payment is due at the time of order placement. Accepted payment methods include major credit cards and debit cards. Additional accepted methods may be noted at checkout.
11.2 Customer authorizes Company to charge the payment method on file for all rental fees, additional charges, overage fees, and any other amounts due under this Agreement.
11.3 Past due balances will accrue interest at the maximum rate permitted by North Carolina law. Customer is responsible for all collection costs, including reasonable attorneys’ fees, incurred by Company in collecting past due amounts.
12. CONTAINER OWNERSHIP
12.1 The container remains the sole property of Company at all times. Customer acquires no ownership interest in the container.
12.2 Customer shall not modify, alter, relocate, or sublease the container without prior written consent from Company.
12.3 Customer shall not allow liens or encumbrances to attach to the container.
13. LIMITATION OF LIABILITY
13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S TOTAL LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE SPECIFIC RENTAL GIVING RISE TO THE CLAIM.
13.2 IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.3 DISCLAIMER OF WARRANTIES. COMPANY PROVIDES CONTAINER RENTAL SERVICES “AS IS” AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. FORCE MAJEURE
Company shall not be liable for any delay or failure to perform its obligations under this Agreement to the extent caused by circumstances beyond Company’s reasonable control, including but not limited to acts of God, severe weather, natural disasters, civil unrest, governmental actions, equipment breakdown, road closures, or other events outside Company’s control. Company will make reasonable efforts to reschedule services as promptly as practicable.
15. GOVERNING LAW AND JURISDICTION
15.1 This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of law principles.
15.2 Any disputes arising from this Agreement shall be resolved in the state or federal courts located in Wake County, North Carolina, and Customer consents to the exclusive jurisdiction and venue of such courts.
15.3 Attorneys’ Fees in Enforcement Actions. If any action is brought by either party to enforce the terms of this Agreement or for breach of this Agreement, the non-prevailing party shall pay the substantially prevailing party its reasonable attorneys’ fees, costs, and disbursements incurred in connection with such action.
16. ENTIRE AGREEMENT, SEVERABILITY, AND AMENDMENTS
16.1 This Agreement constitutes the entire agreement between Company and Customer and supersedes all prior negotiations, understandings, and agreements between the parties.
16.2 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16.3 Company reserves the right to modify these terms at any time. Continued use of services after modifications constitutes acceptance of revised terms.
16.4 No waiver of any term or condition shall be deemed a continuing waiver or waiver of any other term or condition.
17. CONTACT INFORMATION
For questions, scheduling, or service issues, please contact:
Red Hawk Dumpsters LLC
7500 Precision Drive, Suite A, Raleigh, NC 27617
Phone: (919) 823-4295
Website: redhawkdumpstg.wpenginepowered.com
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By using Red Hawk Dumpsters services — online, by phone, or by accepting delivery — Customer agrees to be bound by this Agreement.
