Ordering a container from this web site constitutes a personal guarantee. By using or engaging in our services, you hereby acknowledge and agree to the terms and conditions below. Texas Modern Waste takes all dumpster orders over the phone or by our website. We are unable to obtain a written service agreement. For all intents and purposes regarding financial and/or legal issues, the terms and conditions found here shall constitute a legally binding service agreement and shall have the same force and effect as a signed service agreement.
The following items are unacceptable waste materials in any dumpster.
Customer warrants that the waste material put into a dumpster delivered and picked up by Texas Modern Waste LLC. will not contain hazardous or unacceptable materials above (including wet concrete, wet paint, wet glue, wet plaster, hot tar or any other sticky substance that would require mechanical removal) or any other prohibited substances as defined by applicable federal, state and local laws or regulations. Texas Modern Waste shall acquire title to the waste materials when loaded into a Texas Modern Waste dumpster. Any materials not acceptable as defined above WILL BE LEFT AT CUSTOMERʼS LOCATION AT CUSTOMERʼS EXPENSE. Customer agrees to indemnify, defend and hold harmless Texas Modern Waste LLC against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property or to the environment arising out of breach of the warrant stated above. If unacceptable materials are discovered at the dumping facility and Texas Modern Waste is fined for these materials, the customer agrees to pay the fine plus a $100 handling fee. If a clean out is necessary to return the container to normal service, the customer agrees to pay the third-party clean out fee plus a $100 handling fee.
Customer agrees to load their dumpster level and even with the top and no material sticking up above the sides, so we may tarp the dumpster in conformance with State mandated load coverage regulations, or Customer will be responsible for any violations or fines received as a result of an overloaded dumpster.
Any additional charges due to excess tonnage allowance will be automatically charged to Customerʼs credit card. Customer shall pay Texas Modern Waste for all excess (above included tons) tonnage at the rate of $100.00 per ton in accordance with the following schedule:
Trucks are weighed before and after entering the landfill. Exact weight tickets are available and can be provided upon request.
Note: Loads in any dumpster cannot exceed 5 tons or 10,000 lbs in order for Texas Modern Waste to drive safely and remain in compliance with federal D.O.T. regulation.
Customers are responsible for all loss or damage (including theft) to the dumpster provided other than normal wear and tear. Fork-lifts, backhoes and other heavy equipment used in the loading of roll-off dumpsters are the leading cause of damage. No fire or smoldering material can be put into a Texas Modern Waste Dumpster. If a dumpster is damaged structurally or cosmetically while in the customers’ possession, the customer agrees to pay the full amount of the repair cost plus lost rental opportunity and a handling fee depending upon the extent of damage. A customer shall not overload or move the dumpster or make any alterations or improvements to the dumpster, and shall use the dumpster only for the proper purposes for which it is intended. The customer shall be liable for any overweight fines or damages caused by a grossly overloaded dumpster. Customer agrees to indemnify, defend and hold harmless Texas Modern Waste Dumpsters against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property arising out of Customerʼs use, operation or possession of the dumpster. Once the dumpster is in the customerʼs possession, it is the customerʼs full responsibility of the dumpster. On pick up day, Customer shall provide unobstructed access to the dumpster. If, on the day of scheduled pick up, the dumpster is inaccessible, Customer will be notified and charged a $100 (dry run) trip-fee (Within 20 mile radius of Mont Belvieu, TX. Further drives will be charged a higher trip-fee based on distance) for the unsuccessful collection (dry run) of the dumpster.
Customer warrants that any right of way provided by Customer for Texas Modern Waste is sufficient to bear the weight of all Texas Modern Waste dumpsters and vehicles. Texas Modern Waste shall not be responsible for damage to any private pavement or accompanying sub-surface or any route necessary to perform the services contracted. In addition, Texas Modern Waste shall not be responsible for damage to lawns, fences, trees or shrubbery, septic or sprinkler systems in accordance with an agreed upon drop spot. In designating a drop-spot, Customer assumes all liabilities for damage to pavement or road surface, sidewalks, lawns, fences, shrubbery, sprinkler systems, trees, septic systems, wells or other structures in path of designated drop-spot. Dumpsters and the trucks that carry them are extraordinarily heavy, especially when loaded.
Customer shall pay Texas Modern Waste in accordance with established rates for the services provided. The dumpster base rental price given by Texas Modern Waste to the Customer is for ONE dumpster. Each subsequent empty dumpster brought to customer will be charged at the same quoted rate as the first. Customer shall be liable for all taxes, fees or other charges imposed upon the disposal of the Customerʼs waste materials by Federal, State, local laws and regulations. Payment shall be made by Customer by credit card. After the included rental days in the schedule below, customers will incur a $10 per day charge for dumpster rental. If a pick up or swap request has not been made in 45 days, Texas Modern Waste may, at will, pick up dumpster with or without request from Customer.
IMPORTANT THAT ALL CUSTOMERS UNDERSTAND THAT THEY ARE IN CHARGE OF SCHEDULING A DUMPSTER RENTAL PICK UP BY FILLING OUT OUR DUMPSTER RENTAL PICK UP FORM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO DAMAGE TO CUSTOMERʼS PROPERTY, PAVEMENT, CURBING DRIVEWAYS, WALKWAYS, LANDSCAPING AND/ OR LAWN WHICH IS RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMERʼS PREMISES EVEN IF COMPANY HAS BEEN ADVISED OF, KNOWS OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE EQUIPMENT IS PROVIDED ON AN “AS IS” BASIS AND COMPANY MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE MERCHANT ABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET ANY REQUIREMENTS. Texas Modern Waste LLC TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, will be limited to, at the COMPANYʼS option, replacement or correction of any Services not in conformance with this Agreement or to the repayment of the portion of compensation paid by CUSTOMER attributable to the nonconforming Services. Texas Modern Waste will not be liable for any other damages, special, direct, indirect, incidental, consequential or otherwise, and in no event shall the COMPANYʼS liability exceed the compensation for the nonconforming services. CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST COMPANY RELATING TO OR ARISING FORM CUSTOMERʼS RENTAL OF THE EQUIPMENT AND/OR COMPANYʼS PERFORMANCE UNDER THIS AGREEMENT
In the event of a breach of this agreement by either party, the breaching party shall pay all reasonable attorney fees, collection fees and costs of the other party incident to any action brought to enforce this agreement. Customers agree to submit any dispute arising under this Agreement first to mediation, then if it is not resolved, to Arbitration. The selection of a mediator shall be by agreement between the Customer and Texas Modern Waste, but in the absence of an agreement the mediator shall be any retired judge, having served at least 10 years on a State District Court bench, in Chambers County Texas. The selection of an Arbitrator shall also be by agreement, should mediation fail. If an arbitrator cannot be selected by agreement between the Customer and Texas Modern Waste each party will select an Arbitrator and the two Arbitrators so selected will select a third Arbitrator. The Customer agrees to pay all costs of Arbitration including the Arbitration fees of the Arbitrators.
Anahuac, Baytown, Beach City, Cove, Dayton, Double Bayou, Hankamer, Liberty, Monroe City, Mont Belvieu, Oak Island, Old River-Winfree, Seabreeze, Smith Point, Stowell, Turtle Bayou, Wallisville, Winnie
7 AM – 5 PM Mon – Fri
7 AM – 12 PM Sat
Texas Modern Waste LLC
PO Box 479
Mont Belvieu, Texas 77580
Copyright © 2020 TEXAS-MODERN-WASTE