Red Hawk Dumpsters LLC 7500 Precision Drive, Suite A, Raleigh, NC 27617 (919) 823-4295 | redhawkdumpsters.com
1.1 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.
1.2 Residential and Commercial Customers. This Agreement applies to all Customers. Customers holding an approved commercial account with the Company, including contractors, property managers, brokers, marketplaces, and lead-generation partners, are additionally subject to Section 18 (Commercial and Broker Accounts). Where Section 18 conflicts with any other provision of this Agreement, Section 18 controls as to Commercial Accounts only.
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. Containers are offered in two categories:
Mixed-debris containers: 10-Yard, 15-Yard, 20-Yard, and 30-Yard.
Single-material specialty containers: containers designated by the Company for a single approved material class, including heavy debris, roofing shingle, and yard debris service. Specialty containers are subject to the additional terms set forth in Sections 4.6 and 5.7.
2.1.1 Available Equipment. The specific container sizes and specialty container types available for a given order are those listed on the Company’s website or quoted by the Company at the time of booking. The Company may add, withdraw, or substitute equipment at its discretion. Nothing in this Agreement constitutes a representation that any particular container size or type is available on any given date, and reference to a container category in this Agreement does not obligate the Company to maintain that equipment in service.
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.
3.1 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.
4.1 Each mixed-debris container rental includes the following weight allowance:
Weight overages are billed at $0.04 per pound above the included limit, as measured at the disposal facility. Disposal facility scale tickets are conclusive evidence of load weight for billing purposes.
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.
4.6 Specialty Containers — Fill Line and Load Limits. Specialty containers identified in Section 2.1 are priced without a stated tonnage allowance because they are sized to the density of a single approved material and are disposed of at dedicated single-stream facilities. In place of a tonnage allowance, the following applies to all specialty containers:
(a) Level Load Required. Material must be loaded level with or below the marked fill line. Heaped, mounded, or overfilled containers will not be transported.
(b) Legal Weight Governs. Notwithstanding the absence of a stated tonnage allowance, no container will be transported in excess of applicable federal and North Carolina axle and gross vehicle weight limits. The Company may, in its sole discretion, refuse pickup of any specialty container that in the driver’s judgment exceeds safe or legal hauling weight, and Customer shall be responsible for removing material until the load can be safely and legally transported.
(c) Single Material Only. Each specialty container may contain only the material class specified for that container in Section 5.7. Mixed loads are not permitted.
(d) Contamination and Reclassification. If a specialty container is delivered to the disposal facility containing material outside its approved class, the load will be reclassified and rebilled at the Company’s then-current mixed construction and demolition rate for a container of comparable capacity, plus all applicable weight overage charges under Section 4.1, plus any sorting, special handling, or facility surcharges incurred. Customer is responsible for all such charges.
(e) No Substitution of Terms. The absence of a tonnage allowance under this Section confers no right to exceed the fill line, load prohibited materials, or load material outside the approved class.
5.1 Customer shall NOT place any of the following materials in the rented container:
5.2 Heavy Materials — Container Restrictions and Pre-Notification Required. Concrete, brick, block, stone, dirt, asphalt, and other heavy aggregates are restricted materials due to their density and applicable vehicle weight limits. The following restrictions apply:
(a) Advance Disclosure Required. Customer must disclose the presence, type, and approximate volume of any heavy material at the time of booking. Failure to disclose heavy material at booking is a material breach of this Agreement and subjects Customer to the remedies in Section 5.6.
(b) Approved Containers. Heavy materials are accepted only in (i) the 10-Yard container, or (ii) a container specifically designated by the Company for heavy debris service and quoted as such at the time of booking. No other container may be used for heavy material.
(c) Prohibited Containers. Heavy materials are NOT accepted in the 15-Yard, 20-Yard, or 30-Yard containers under any circumstances, regardless of quantity or advance notice. These containers exceed safe and legal hauling weight when loaded with heavy aggregate.
(f) Heavy Debris Fill Line. Where heavy material is approved for a container, Customer shall load only to the heavy debris fill line indicated by the Company or marked on the container, which may be substantially below the top rail of the container. The general fill line marked on a mixed-debris container does not apply to heavy material loads. The driver may refuse pickup of any heavy material load exceeding safe or legal hauling weight, and Customer shall be responsible for removing material until the load can be transported.
(g) Heavy Debris Pricing. Where the Company quotes a flat heavy debris rate for a container, that rate applies only to a clean, single-material load loaded within the heavy debris fill line. Loads exceeding the fill line, or containing material outside the approved class, are subject to Section 4.6(d) and Section 5.6.
(d) Dirt and Asphalt. Loads consisting of dirt, soil, sod, or asphalt are quoted on a per-job basis and are not available through standard online booking. Call (919) 823-4295 prior to ordering.
(e) Mixed Heavy Loads. Heavy material combined with wood, metal, trash, or other general debris is not accepted in the 7-Yard Concrete Container and will be reclassified under Section 4.6(d).
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.
5.7 Specialty Service Approved Materials. Where the Company quotes a single-material specialty rate, the following material classes are approved for that service regardless of which container the Company assigns to fill the order. Any other material constitutes contamination under Section 4.6(d).
(a) Heavy Debris / Concrete Service. Accepted: clean concrete, brick, block, and masonry only. Not accepted: dirt, soil, asphalt, rebar-laden pours, wood, metal, trash, or any mixed debris.
(b) Roofing Shingle Service. Accepted: asphalt roofing shingles, roofing felt, underlayment, and roofing nails only. Not accepted: wood decking, plywood, sheathing, gutters, siding, or general construction debris.
(c) Yard Debris Service. Accepted: brush, limbs, leaves, grass, and clean untreated wood only. Not accepted: stumps or trunk sections exceeding 12 inches in diameter, root balls, dirt, sod, rock, treated or painted lumber, trash, or construction debris.
(d) Container Assignment. The Company assigns the container used to fill a specialty order based on equipment availability and the nature of the material. Assignment of a larger container does not increase the approved material class, the fill line, or the load limit for that order.
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. Specialty services may be offered in a limited set of rental terms as indicated at 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.
7.1 Customer agrees to pay all fees associated with the container rental, including but not limited to:
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.
8.1 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:
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.
9.1 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.
10.1 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.
11.1 For residential and non-account Customers, 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. Customers holding an approved Commercial Account are subject to the payment terms set forth in Section 18.
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.
11.4 Post-Service Charges. Weight overage fees, extra day charges, reclassification charges, and other charges that cannot be determined until after service is performed will be invoiced or charged to the payment method on file following completion of service. Customer’s authorization under Section 11.2 extends to such charges.
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.
13.1 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.
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.
15.1 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.
16.1 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.
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: redhawkdumpsters.com
This Section applies only to Customers holding an approved commercial account with the Company. Where this Section conflicts with any other provision of this Agreement, this Section controls as to Commercial Accounts.
18.1 Definition. A “Commercial Account” means a business entity approved by the Company for ongoing service on account, including without limitation contractors, builders, roofers, property managers, real estate investors, waste brokers, lead-generation companies, and online marketplaces that order container service on behalf of end users.
18.2 Account Holder Is the Customer of Record. The Commercial Account holder is the Customer under this Agreement and is solely responsible for all charges arising from any order placed under its account, whether the order is placed for the account holder’s own project or on behalf of a third-party end user. The end user, homeowner, jobsite contact, or property occupant is a site contact only and is not a party to this Agreement.
18.3 Broker and Marketplace Orders. Where a Commercial Account holder orders on behalf of a third party:
(a) The account holder warrants that it has authority to bind the end user to the material handling, placement, access, and prohibited-material requirements of this Agreement, and that it has communicated those requirements to the end user.
(b) The account holder is responsible for the accuracy of all order information supplied to the Company, including service address, access conditions, material type, and requested container size.
(c) All charges are billed to the account holder, not the end user. This includes weight overage fees, extra day charges, specialty container reclassification charges under Section 4.6(d), trip and blocked access fees, prohibited material charges, and all other charges under Section 7. The Company will not pursue collection from, or accept payment from, an end user, and the account holder’s obligation to pay is not conditioned on the account holder’s own collection from its customer.
(d) Any pricing the account holder quotes or charges to an end user is set independently by the account holder and creates no obligation on the Company. Disputes between the account holder and its end user do not suspend, reduce, or offset amounts owed to the Company.
18.4 Payment Terms. Payment terms for Commercial Accounts are as set forth in the applicable rate agreement, credit application, or vendor setup documentation between the Company and the account holder. Absent a separate written agreement, payment is due in full prior to delivery. Accepted methods may include ACH transfer, business check, and credit card. The Company may require a credit card on file as a condition of account approval and may charge that card for any amounts not paid when due, including post-service charges under Section 11.4.
18.5 Post-Service Charges and Documentation. Weight overage and reclassification charges will be invoiced following service and supported by the applicable disposal facility scale ticket or facility notice upon request. Such charges are due under the account’s standard payment terms. Account holders must dispute any post-service charge in writing within ten (10) business days of invoice date; charges not disputed within that period are deemed accepted.
18.6 Insurance and Tax Documentation. Commercial Accounts must provide a completed IRS Form W-9 and, where applicable, current certificates of insurance prior to or during account setup. The Company may suspend service on any account with expired or missing documentation.
18.7 Rate Sheets. Rates quoted to a Commercial Account are confidential, apply only to the counties and municipalities identified in the applicable rate sheet, and are subject to change upon thirty (30) days’ written notice. Orders outside the stated service area are quoted separately and are not covered by the rate sheet.
18.8 Credit and Suspension. The Company may modify, suspend, or revoke account terms, require prepayment, or decline further orders at any time in the event of nonpayment, repeated undisclosed heavy or prohibited material, repeated inaccurate order information, or repeated access failures resulting in trip charges.
18.9 No Exclusivity or Volume Commitment. Approval of a Commercial Account creates no exclusivity, territory grant, minimum volume commitment, or guarantee of capacity on the part of either party. The Company accepts orders subject to equipment and route availability.
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: redhawkdumpsters.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.
