Prime Dumpster Inc

Contact Us @ 844-853-3867
CustomerService@primedumpster.com

Bill To
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Summary of Work
Rental:

Your rental is scheduled for arrival on . No Auto Pickup, Must Call for Pickup or Extra Rental Cost per day.
Weight Allowance=tons If you exceed your weight allowance you will be charged at a rate of $per ton for the additional weight.
Rental Days Included: .
Any day over will be ${Lookup:Vendor Info.Dumpster Rental Days Overage MSRP}
*No Auto Pickup, Must Call for Pickup or Extra Rental Cost per day.

Qty Item & Description Amount

Trailer Porta Potty93-4921

3 5712
null
20 Yard Dumpster65-2699
1 1905
null

Total Due: 7617

 TERMS AND CONDITIONS OF RENTAL CONTRACT – DUMPSTERS – PRIME DUMPSTER INC.

For good and valuable consideration, you and Prime Dumpster Inc., agent and attorney-in-fact for purposes of submitting and
an Illinois Corporation (hereinafter, “PDI,” “Lessor,” “we,” “us” and negotiating claims on all such policies. You shall deliver to PDI
“our”) agree as follows: copies of all such policies, or certificates evidencing the existence
1. As used herein, “P.1” refers to the first page or “face” of this thereof within three (3) days of our request for the same.
Contract; “Contract” refers to P.1 together with these Terms and 10. PDI IS MERELY AN INTERMEDIARY, AND IS NOT THE
Conditions of Rental Contract; “Rented Item(s)” or “Item(s)” means OWNER, MANUFACTURER OR DESIGNER OF ANY
the item(s) rented to you, as identified on P.1 (including any RENTED ITEM(S), ALL OF WHICH ARE PROVIDED “AS-IS”.
“Instructions” provided per the terms of Section [or “§”] 4 below); EXCEPT ONLY TO THE EXTENT OTHER-WISE REQUIRED
“Site” means the delivery or use address set forth on P.1; and BY APPLICABLE LAW, NEITHER PDI NOR ANY TPO,
“Customer,” “Lessee,” “you” and “your” mean the customer or MAKES ANY WARRANTY, EX-PRESS OR IMPLIED
“Lessee” identified on P.1. (INCLUDING ANY WARRANTY(IES) OF
2. You agree to rent from PDI the Rented Item(s) for the period(s) MERCHANTABILITY, SUITABILITY, FITNESS, FUNCTION,
specified on P.1 (as such period may be modified from time-to-time DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS
by written notice from PDI to you, the “Term”). You agree to pay us AND GOOD AND WORKMANLIKE PERFORMANCE, AS
our rental rate(s) set forth on P.1 (the “Rent”), as well as disposal WELL AS ANY WARRANTY(IES) ARISING FROM COURSE
rates, together with all other charges accruing hereunder, without OF DEALING, COURSE OF PERFORMANCE AND/OR
proration, reduction or setoff, and remain liable for loss of and/or USAGE OF TRADE) REGARDING ANY ITEM(S) OR
damage to the Rented Item(s) for the duration of the Term and until SERVICE(S) PROVIDED BY OR AT THE DIRECTION OF PDI
all such Rented Item(s) is/are returned to and accepted by PDI in the OR ANY TPO, NOR DOES PDI OR ANY TPO MAKE ANY
return condition required under this Contract (including § 8). Unless WARRANTY AGAINST INTERFERENCE OR
otherwise agreed in writing by PDI, all Rental rates are for normal INFRINGEMENT, ALL OF WHICH YOU HEREBY WAIVE.
use of the Rented Item(s) in accordance with the terms hereof and NO DESCRIP-TIONS, DEPICTIONS, SPECIFICATIONS OR
the “Instructions” described in § 4. Additional prorated Rent will be ADVERTISEMENTS PROVIDED OR RECEIVED BY PDI
charged at our highest incremental rate(s) for late returns. No CONSTITUTE REPRESENTATIONS OR WARRANTIES. YOU
allowance will be made for Act(s) of God, events of force majeure, WAIVE ANY AND ALL CLAIMS AGAINST PDI FOR
time in transit or other period(s) of nonuse. We have estimated the DEFECTS AND AGREE TO LOOK SOLELY TO THE TPO(S)
Rent based on your estimate of the length of the Term (the WITH RESPECT TO THE SAME.
“Estimated Rent”). Unless we otherwise agree in writing, you: (a) 11. TO THE MAXIMUM EXTENT PERMITTED UNDER
shall pay us all: (i) deposits and the Estimated Rent specified on P.1 APPLICABLE LAW, YOU: (A) ASSUME ALL RISK(S) OF
in advance (the “Prepayment”); and (ii) other amounts coming due PERSONAL AND BODILY INJURY, AND PROPERTY LOSS,
hereunder upon demand; and (b) agree that: (i) we may deduct any DAMAGE (INCLUDING DAMAGE TO DRIVE-WAYS AND
amount you owe us from any Prepayment; (ii) no interest will accrue OTHER IMPROVEMENTS), AND CONTAMINATION OF, TO,
on any Prepayment; (iii) no Prepayment will be deemed a limit of AND/OR ARISING IN CONNECTION WITH, THE ITEM(S)
your liability to PDI; and (iv) all Prepayments are NON- AND/OR SERVICE(S) PROVIDED BY OR AT THE
REFUNDABLE except only as provided in § 6. Anything remaining DIRECTION OF PDI, INCLUDING ALL LIABILITIES,
with, in or on any Item(s) upon return will be deemed abandoned. CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES
Cancellations are accepted up to 3PM local time not less than one (INCLUDING ATTORNEYS’ FEES) ARISING FROM AND/OR
business day PRIOR to scheduled delivery. Thereafter, a IN CONNECTION WITH THE SELECTION, PROVISION,
cancellation fee up to the total cost of the rental will be charged to INSPECTION, DESIGN, MANUFACTURE, USE, LOADING,
the credit card on file (at PDI’s discretion). UNLOADING, TRANSPORTATION, DELIVERY, SETUP,
3. Except with respect to Rented Items PDI obtains from one or DEMONSTRATION, INSTALLATION, STORAGE,
more third parties (each, a “TPO”) and then re-rents to you (“Re- SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR
Rented Items”), PDI owns and will retain title to all Rented Items at RETRIEVAL OF SUCH ITEM(S) AND/OR SERVICE(S),
all times. Your rights with respect to such Item(s) are limited to WHETHER OR NOT YOUR FAULT (COLLECTIVELY,
its/their use in full compliance with this Contract during the Term. “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO
You SHALL NOT: (a) permit the taking or existence of any lien, INDEMNIFY, DEFEND AND HOLD HARMLESS, PDI AND
claim, security interest or encumbrance on any Rented Item(s); (b) EACH TPO, their respective parents, affiliates and subsidiaries,
permit anyone other than parties specifically authorized in writing by and their respective owners, shareholders, members, managers,
PDI to use such Item(s); or (c) loan, transfer, sublease, re-rent, officers, directors, agents, employees, insurers, subrogees,
surrender, store, sell, encumber, assign or dispose of any Rented representatives, successors and assigns (each, an “Indemnitee”),
Item(s) or this Contract, without our prior written consent (in our for, from and against all such RISKS, as well as all other liabilities,
sole discretion). PDI may sell and/or assign all or any part of its claims, damages, losses, costs and expenses (including attorneys’
interests in the Rented Item(s) and/or this Contract, in which event, fees) arising from and/or in connection with the Rented Item(s),
you will attorn to the assignee, who will not be responsible for any this Contract and/or your breach of any one or more of the terms
pre-existing obligations or liabilities of PDI or any TPO. hereof; and except only as provided in § 6, (C) WAIVE all rights,
4. Upon the earlier of your receipt, or our delivery to the Site, of the remedies and defenses (including those available under the
Rented Item(s) unless you immediately reject it/them, you represent,
warrant, acknowledge and agree that: (a) each Item: (i) is complete
and in good order, condition and repair; (ii) is appropriate for your
purposes and in all ways acceptable to you; and (iii) was selected
(not based on any recommendation by PDI), carefully examined and
tested by you or your agent(s); and (b) you: (i) have received,
carefully reviewed and understand all training, instructions, user
manuals, maintenance requirements, and other information, if any,
including all applicable EPA, OSHA, NFPA, IFC, ASSE, ANSI and
other standards (collectively, “Instructions”); (ii) will fully comply
therewith; (iii) will use each Item only for its intended purpose, in a
reasonable and safe manner; (iv) will timely give all applicable
notice(s) to, and obtain all applicable licenses, authorizations,
permits and approvals from, all affected parties, including
governmental authorities and the owner(s) of the Site; (v) will
immediately cease using any Item that is damaged or proves
defective (a “Malfunction”); and (vi) will ensure that all others
comply with this Contract at all times. You will notify us
immediately if any of the foregoing shall be breached or shall prove
incorrect or misleading.
5. YOU AGREE TO PROVIDE ALL APPLICABLE TRAINING,
FAMILIARIZATION, INSTRUCTIONS AND WARNINGS TO
ALL USERS OF THE RENTED ITEM(S), and ensure that each
Item is used safely and only: (a) for its intended purpose(s); (b)
within its rated capacity; (c) unless otherwise specifically agreed by
PDI on a case-by-case basis, at the Site; (d) BY PROPERLY
TRAINED, FAMILIARIZED AND COMPETENT ADULTS; and
(e) otherwise in full compliance with this Contract at all times.
WARNINGS: THE RENTED ITEM(S) CAN BE DANGEROUS,
AND SHOULD BE TRANSPORTED, SERVICED,
MAINTAINED, REPAIRED AND USED WITH EXTREME
CARE, ONLY FOR ITS/THEIR INTENDED PURPOSE(S), AND
ONLY BY PROPERLY TRAINED, FAMILIARIZED,
QUALIFIED, CERTIFIED, SUPERVISED, INSTRUCTED
ADULTS.
6. In the event of a Malfunction, you will immediately notify, and
return the Malfunctioning Item(s) to, PDI, and provided such
Malfunction did not result from or in connection with any wrongful
or negligent act or omission of, or any breach of any provision of
this Contract by, you or anyone you permit to use or deal with such
Item(s), we will, at our option: (a) repair such Item; (b) provide you
with a comparable Item; or (c) return the unused portion of the Rent
and cancel this Contract. The foregoing remedies are EXCLUSIVE.
Neither PDI nor any TPO will have any other obligation(s) with
respect to Malfunctions, all of which you waive, together with all
associated direct and indirect (including incidental and
consequential) damages.
7. YOU REPRESENT AND WARRANT TO PDI THAT: (A) YOU
OWN THE SITE OR HAVE OBTAINED THE SITE OWNER’S
WRITTEN APPROVAL TO INSTALL THE RENTED ITEM(S)
AS PROVIDED HEREIN; AND (B) THE SITE IS SECURE,
LEVEL, PROPERLY VENTILATED, A SAFE DISTANCE FROM
FLAMMABLE SOURCES, STORM SEWERS, AND OTHER
DRAINAGE INLETS, AND OTHERWISE SUITABLE AND
APPROPRIATE IN ALL RESPECTS FOR THE INSTALLATION
AND USE OF THE RENTED ITEM(S).You agree to: (a) identify a
surface at the Site which is level, stable and otherwise appropriate
for installation of the Rented Item(s); (b) ensure our personnel have
reasonable access to the Site at all times; (c) pay us our stated
Uniform Commercial Code), as well as all direct, indirect,
incidental, consequential, general, special, exemplary and punitive
damages, against each and every Indemnitee. Without limiting the
foregoing, this indemnity, defense and hold harmless obligation
shall apply to all loss(es), damage(s) (including but not limited to
damages to customer’s property, paving or landscaping) and
contamination of/to the Rented Item(s) (or any of them), the
interior, exterior and underlying surface(s) of the same, all décor,
the ground, ground water, environment, water, sewer, gas,
electrical and other conduits and facilities (and their contents),
personal and bodily injuries, loss(es), theft(s) and property
damage(s) (including any injuries, losses and/or damages resulting
from or in connection with any misuse or abuse of such Item(s),
slick, unlevel or uneven ground or floor surfaces, leaking, leaching,
mold and/or mildew), regardless of whether any of the same is/are
caused, in whole or in part, by any defect(s) or claimed defect(s) in
or with respect to any Rented Item(s) and/or service(s) provided by
or for PDI.
12. Your duties hereunder are unconditional. If you or any
guarantor shall: (a) fail to fully and timely honor, pay, perform or
comply with this Contract and/or any of your obligations arising in
connection herewith; (b) provide any incorrect or misleading
information to us; (c) become insolvent; or (d) die or cease
conducting business, or if any Rented Item(s) shall be lost or
damaged, you will be in DEFAULT under this Contract,
whereupon, PDI may with or without legal process or notice (and
without liability to you or any guarantor), to the maximum extent
permitted under applicable law: (i) terminate your rental(s); (ii)
seek relief from stay; (iii) enter upon any real property where the
Rented Item(s) (or any of them) may be located, and recover,
empty, lock, restrict and/or disable such Item(s) without being
guilty of breach, trespass or wrongful interference, or liable for any
injuries or property damage (for which you agree to indemnify,
defend and hold harmless each Indemnitee); (iv) perform your
obligations hereunder on your behalf, without being obligated to do
so; (v) purchase replacement Item(s); (vi) recover from you PDI’s
associated direct and indirect damages, losses, costs and expenses
(including without limitation, Rent for the balance of the scheduled
Term, all costs associated with recovering, repairing and/or
replacing the Rented Item(s), loss of use, interest, attorneys’ fees
and collection costs); and/or (vii) pursue any one or more other
rights and/or remedies available hereunder, at law and/or in equity,
all of which are cumulative.
13. You agree to pay all taxes (including all sales, use, equipment,
fuel, and other taxes), tolls, fines, fees, assessments, and other
charges related to each Item. In the event legal action is
commenced in connection herewith, we will be entitled to recover
our costs and expenses associated therewith (including without
limitation, attorneys’ fees, and expenses, it being acknowledged
that, where required under state law, this attorneys’ fee provision
will be deemed reciprocal) from you if we prevail. Neither our
exercise, nor our failure or delay in the exercise, of any rights or
remedies available in connection herewith will constitute an
election of remedies or a waiver of any of our rights or remedies.
To the maximum extent permitted under applicable law, you grant
to PDI a lien on all real and personal property: (a) placed in or on;
and/or (b) improved with, any Rented Item(s). We may, without
notice or liability to you, monitor (in person and/or electronically)
and/or inspect any Rented Item(s) at any time, and all information
charges (or if not expressly stated, our regular or published rates) for thereby obtained will be the sole and exclusive property of PDI. If
delivery, installation, maintenance, cleaning, pumping, servicing and any performance required of PDI is delayed or impaired as a result
retrieval of the Rented Item(s); and (d) be present at the Site as of any act or omission of/by you, any Other Provider(s) or any Act
necessary for our performance of the aforementioned services. If you of God,” event of force majeure (including fire, flood, storm,
are not present upon any such performance, you agree to accept the earthquake, tsunami, slide, subsidence, collapse, riot, war, violence
statements of our representatives regarding the same (including, or threat thereof, theft, terrorism, cyber-attack, supplier delay, labor
performance, status, condition, quality, and quantities). You agree to shortage, strike, shutdown, power surge or outage, epidemic,
protect, properly service, maintain and care for each Rented Item at pandemic and governmental and regulatory actions) or other
all times, keep it safely and securely stored and locked when not in events, facts or circumstances beyond our reasonable control, we
use, and return it to PDI on time, clean, free of contamination, and will be excused from such performance. You waive the benefits of
otherwise in good order, condition, and repair. If you fail to do so, all statutes of limitations regarding PDI’s rights and remedies. All
then in addition to the amounts set forth on P.1, you will pay us: (a) amounts due hereunder but not timely paid will bear interest at the
Rent for each succeeding full rental period until all Item(s) have lesser of: (a) 18% per annum; or (b) the highest rate permitted
been returned or replaced as required; and (b) all costs and expenses under applicable law until paid. You authorize PDI to charge all
we incur in connection with such failure. amounts coming due hereunder to any debit and/or credit card(s)
8. PROHIBITED USES: You will not, nor will you permit anyone you provide. You agree to pay PDI the maximum lawful charge for
else to: (a) abuse, misuse, overuse, remove from the Site, conceal, any check you write which is returned unpaid. PDI’s maximum
store, repair, modify or damage any Rented Item; (b) violate any liability in connection with this Contract is limited to the amount(s)
applicable Instruction, insurance policy or warranty; (c) overload actually paid by you hereunder.
any Rented Item(s) (e.g., by placing any trash, debris or other item(s) 14. This Contract, and any addenda provided by PDI, each of
in or on any Rented Item(s): (i) above, or which extend(s) above, the which will be deemed incorporated herein, represent(s) the entire
top of any such Item or any “fill” or “do not exceed” line included agreement between you and PDI, superseding all other oral and
therein or thereon; or (ii) which cause(s) the total weight of the load written agreements and representations (including our website and
to exceed the manufacturer’s stated weight limit (you agree to empty advertising). The terms of this Contract are severable. If any
the unit at your sole expense, to an acceptable weight)); (d) burn provision hereof shall be deemed invalid or unenforceable by any
items in dumpster(s); (e) place or store in any Rented Item or expose court of competent jurisdiction, such provision will be deleted, and
any Rented Item(s) to, any chemical(s), herbicide(s), pesticide(s), the remainder of this Contract will remain valid and in full force
acid(s), poisonous substance(s), radioactive material(s), aerosol and effect. This Contract cannot otherwise be amended or extended
can(s), propane tank(s), lubricant(s) (including without limitation, except in a writing signed by PDI. Time is of the essence. There
fuel(s), motor oil(s), transmission fluid(s), hydraulic fluid(s) and are no third-party beneficiaries hereto other than the Indemnitees.
other lubricants), appliance(s), television(s), computer equipment, These Terms and Conditions shall apply to the Item(s) identified
printer(s), fluorescent tube(s), railroad tie(s), barrel(s), liquid(s), oil on P.1 and to all other Items you obtain from PDI at any time
filter(s), battery(ies), tire(s), antifreeze, freon, flammable(s), (except only as we otherwise agree in writing). You acknowledge
explosive(s), and other harmful or hazardous substance(s) (including that this Contract: (a) constitutes a true operating lease, and not a
without limitation, silica dust, asbestos, medical waste, paints, disguised financing; (b) is fair and reasonable under the
greases, solvents and corrosives) or circumstance(s); or (f) load the circumstances; (c) shall bind and be enforceable by you, PDI, the
dumpster with any refrigerators, drums, air conditioning units, other Indemnitees, and such parties’ successors and permitted
concrete, dirt, bricks or other heavy bulk materials, unless agreed by assigns; and (d) shall be interpreted under the laws of Illinois.
PDI and noted on the invoice in advance of the rental. You will not Disputes arising in connection with this Contract shall, at PDI’s
use, take possession of or exercise control over any Rented Item, option, be submitted to binding ARBITRATION in accordance
without our prior consent (in our sole discretion). In addition to the with the Rules of the American Arbitration Association before a
other rights and remedies available to PDI hereunder, at law and/or single arbitrator and in a location selected by PDI. Judgment on the
in equity, for each violation of this § 9, PDI will be entitled to arbitrator’s award shall be final and binding and may be entered in
recover from you: (x) all associated direct and indirect costs any court of competent jurisdiction. Proper venue for all other civil
(including but not limited to additional unloading and cleaning fees); legal actions commenced in connection herewith shall lie solely
plus (y) an additional $99 administrative fee. Dumpsters are to be and exclusively in the federal, state, and local courts located in or
used for non-hazardous solid waste ONLY, and You are responsible nearest to Kane County, IL (unless waived by PDI). You consent
for ensuring that materials banned from landfill disposal are not and submit thereto and waive all claims that such venue lies in an
placed in rented dumpsters. inconvenient forum. YOU HEREBY WAIVE: (A) YOUR
9. You agree to maintain all insurance we may require, including RIGHT(S), IF ANY, TO PARTICIPATE IN ANY CLASS,
without limitation: (a) liability insurance with minimum limits of COLLECTIVE OR OTHER JOINT ACTION AGAINST PDI;
$1,000,000 per occurrence; and (b) property damage/inland marine AND (B) YOUR RIGHT TO TRIAL BY JURY. Digital,
insurance covering all Items for the full (new) replacement cost electronic, photocopied, and facsimiled signatures appearing on
thereof. Such policies shall, whenever possible: (i) name PDI as an this Contract and/or any Addenda(um) we provide will be deemed
additional insured and loss payee; (ii) waive subrogation against originals.
PDI; (iii) be primary and non-contributory; and (iv) include such 15. THEFT WARNING: Obtaining property of another by
other provisions (including deductibles) as we may require. You deception or false pretenses, and/or damaging or failing to return
irrevocably appoint PDI as your rented property, may be deemed theft, resulting in CIVIL
LIABILITY AND/OR CRIMINAL PROSECUTION. See § 720
 ILCS 5/16-1 and 3 and § 720 ILCS 5/17 for details.

LESSEE ACKNOWLEDGES THAT A LARGE-PRINT VERSION OF THESE TERMS AND

CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE
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