Terms and Conditions

WasteCo, Inc.

Our Commitment to You

Wasteco, Inc. is committed to providing high-quality waste management service at an affordable rate. We value our customers and employees, therefore, safety is a top priority. We strive to run the best equipment and maintenance program to assist in up-time. Despite these daily efforts, please keep in mind that service may be delayed or affected by inclement weather, acts of God, and other forms of uncontrollable events.

Inclement Weather Policy

In the event that your service is affected due to a weather issue please contact our office. Unfortunately, these days will not be made up and your service will continue as scheduled upon your next service date.

Holiday Schedule

WasteCo, Inc. observes the following holidays:

• New Year's Day
• Good Friday
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Holiday
• Christmas Holiday

Landfills in the service area will be closed on these days which will affect your service. No make-up days will be performed for holidays, inclement weather, or any other uncontrollable event. Reach out to us if you have any additional questions regarding our terms.

Damage To Driving Surfaces

Customer warrants that Customer's pavement, curbing or other driving surface or any right of way reasonably necessary for Contractor to provide the services described herein are sufficient to bear the weight of all of Contractor's equipment and vehicles reasonably required to perform such services. Contractor will not be responsible for damage to any such pavement, curbing, driving surface or right of way, and Customer agrees to assume all liabilities for any such damage, which results from the weight of Contractor's vehicles providing service at Customer's location.

Customer-Constructed Enclosures and Structures

Customer acknowledges and agrees that any enclosure, fence, gate, wall, barrier, landscaping, pavement, structure, or other improvement constructed, installed, placed, or maintained by Customer or any third party around, adjacent to, or in proximity to a dumpster (“Customer Structure”) is provided and maintained entirely at Customer’s own risk.

Customer is solely responsible for ensuring that the Customer Structure provides adequate clearance, access, and operating space for Company’s dumpsters, collection vehicles, trucks, lifting mechanisms, personnel, and equipment. Customer acknowledges that dumpster collection and servicing necessarily involves the operation and maneuvering of large commercial vehicles and equipment in close proximity to the dumpster and surrounding property.

CUSTOMER EXPRESSLY ASSUMES THE RISK OF DAMAGE TO ANY CUSTOMER STRUCTURE ARISING FROM OR RELATED TO THE NORMAL, CUSTOMARY, AND REASONABLY NECESSARY PERFORMANCE OF COMPANY’S DUMPSTER SERVICES, including the delivery, placement, positioning, servicing, loading, emptying, exchanging, relocation, and removal of dumpsters.

To the fullest extent permitted by applicable Texas law, Customer releases and holds Company, its owners, officers, employees, agents, contractors, and representatives harmless from claims for property damage to any Customer Structure arising out of or related to Company's performance of the dumpster services, INCLUDING DAMAGE RESULTING FROM COMPANY'S ORDINARY NEGLIGENCE, provided that such damage occurs during the normal and reasonably necessary operation of Company's vehicles, dumpsters, equipment, or personnel in performing the services.

Customer acknowledges that Company does not design, inspect, approve, warrant, or assume responsibility for the structural integrity, placement, dimensions, or suitability of any Customer Structure. Company may, in its sole discretion, refuse to service, access, place, exchange, or remove a dumpster if Company determines that a Customer Structure or other obstruction creates an unsafe or impractical condition.

Customer agrees that any request by Customer to continue dumpster service despite the presence of a Customer Structure constitutes Customer's acknowledgment and acceptance of the risks described in this section.

Nothing in this section shall be construed to release or waive liability to the extent such release or waiver is prohibited by applicable law, including liability arising from Company's gross negligence, willful misconduct, or other conduct for which liability cannot legally be waived or limited.

This section shall survive the termination or expiration of the Customer's account to the extent necessary to address claims arising from services performed while this section was in effect.

Site Access, Obstructions & Property Damage

1. Customer Responsibility for Access

Customer is responsible for providing and maintaining safe, adequate, and unobstructed access to the location of any dumpster or container for Company's vehicles, dumpsters, collection equipment, employees, agents, and contractors.

Customer shall ensure that the dumpster location and access route have sufficient clearance, width, height, turning radius, ground stability, and operating space for Company's vehicles and equipment to safely deliver, service, exchange, relocate, load, empty, and remove the dumpster.

Customer is responsible for identifying and notifying Company of any known conditions at or near the service location that could affect the safe performance of the services.

2. Customer Structures, Enclosures & Improvements

Any fence, gate, wall, enclosure, barrier, retaining wall, landscaping, pavement, driveway, decorative structure, bollard, post, landscaping feature, utility structure, or other improvement constructed, installed, placed, or maintained by Customer or any third party around, adjacent to, or near the dumpster or access route (“Customer Structure”) is maintained entirely at Customer's own risk.

Customer is solely responsible for determining whether the location, design, dimensions, construction, and placement of any Customer Structure provide adequate clearance and access for Company's vehicles, dumpsters, lifting equipment, and other equipment.

Company does not design, construct, inspect, approve, warrant, or assume responsibility for the adequacy, structural integrity, placement, or suitability of any Customer Structure.

3. Risk of Damage During Normal Service

Customer acknowledges that dumpster delivery, collection, emptying, exchange, relocation, and removal necessarily involve the operation and maneuvering of large commercial vehicles, dumpsters, hydraulic equipment, lifting mechanisms, and other heavy equipment in close proximity to the dumpster and surrounding property.

Customer expressly assumes the risk of damage to Customer Structures and other property located near the dumpster or access route that may occur during the normal, customary, and reasonably necessary performance of Company's services.

To the fullest extent permitted by applicable Texas law, Customer releases and holds harmless Company and its owners, officers, employees, drivers, agents, and contractors from claims for property damage arising from or relating to the Company's normal and reasonably necessary performance of the services, including damage to Customer Structures, fences, gates, landscaping, pavement, driveways, walls, posts, barriers, or other improvements.

CUSTOMER EXPRESSLY AGREES THAT THIS RELEASE INCLUDES CLAIMS ARISING FROM COMPANY'S ORDINARY NEGLIGENCE IN THE DELIVERY, PLACEMENT, SERVICING, LOADING, EMPTYING, EXCHANGE, RELOCATION, OR REMOVAL OF A DUMPSTER, TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW.

This provision does not release or limit liability to the extent prohibited by applicable law, including liability arising from Company's gross negligence, willful misconduct, or intentional misconduct.

4. Obstructions and Unsafe Conditions

Customer shall not place or permit vehicles, trailers, equipment, materials, debris, landscaping materials, structures, gates, locks, chains, or other obstructions in a manner that prevents or interferes with Company's ability to safely access, service, exchange, relocate, or remove a dumpster.

Company may, in its reasonable judgment, refuse, delay, suspend, or terminate service when access is obstructed or when conditions at the service location present an unsafe, hazardous, or impractical condition for Company's employees, vehicles, equipment, or property.

Company shall not be responsible for any resulting delay, missed service, additional trip, or related expense caused by Customer's failure to provide adequate access.

5. Damage Caused by Obstructions or Inadequate Access

Customer is responsible for damage to Company's dumpsters, trucks, equipment, or other property resulting from Customer's failure to provide adequate access or from the presence of an obstruction, Customer Structure, or other condition that Customer knew or reasonably should have known could interfere with the performance of the services.

To the fullest extent permitted by Texas law, Customer agrees to reimburse Company for reasonable costs of repairing or replacing Company's property damaged as a result of such conditions.

6. Changes to the Service Location

Customer shall notify Company before constructing, installing, modifying, or placing any structure, enclosure, gate, landscaping, barrier, pavement, or other improvement that could affect access to or servicing of a dumpster.

If a change to the property or service location materially interferes with Company's ability to safely perform the services, Company may require the dumpster to be relocated or may suspend or terminate service until adequate access is restored.

7. Company Determination of Safe Access

Company and its drivers retain the right to determine whether a particular service location can be safely accessed and whether a dumpster can be safely delivered, serviced, exchanged, relocated, or removed.

Company's decision to decline or suspend service because of an unsafe, obstructed, or inadequate service location shall not constitute a breach of Company's obligations under these Terms.

8. No Warranty Regarding Customer Structures

Customer acknowledges that Company has no responsibility for the design, construction, condition, maintenance, structural integrity, or suitability of any Customer Structure or other property surrounding the dumpster.

Customer is solely responsible for determining whether the Customer Structure and service location are appropriate for dumpster service and for obtaining any necessary permits, approvals, or inspections.

9. Indemnification

To the fullest extent permitted by applicable Texas law, Customer agrees to defend, indemnify, and hold harmless Company, its owners, officers, employees, drivers, agents, and contractors from claims, damages, losses, liabilities, costs, and reasonable attorneys' fees arising out of or relating to:

(a) Customer's failure to provide adequate or unobstructed access;

(b) the construction, placement, condition, or maintenance of any Customer Structure;

(c) an obstruction or hazardous condition at the service location;

(d) damage caused to Company's dumpsters, vehicles, equipment, or other property by Customer or by conditions for which Customer is responsible; or

(e) claims by third parties arising from Customer's property, Customer Structures, or conditions at the service location,

except to the extent such indemnification is prohibited by applicable Texas law.

10. Conspicuous Risk Allocation

**CUSTOMER ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL ALLOCATION OF RISK BETWEEN CUSTOMER AND COMPANY. CUSTOMER HAS HAD THE OPPORTUNITY TO REVIEW THESE PROVISIONS AND UNDERSTANDS THAT DUMPSTER SERVICES REQUIRE THE OPERATION OF LARGE COMMERCIAL VEHICLES AND EQUIPMENT IN CLOSE PROXIMITY TO STRUCTURES. **