Rental Terms and Conditions
When Towing a Mobile Dumpster Trailer or Taking Possession of a Mobile Dumpster Trailer
Please read the terms and conditions carefully. If you have any questions, please contact Bin Rent Services Ltd at (403) 246-7368 or email: email@example.com
To the Customer:
The terms and conditions are part of this legally binding agreement, including renter’s disclaimer from all liability for injury and damage.
1.The term “Mobile Dumpster Trailer” refers to the Mobile Dumpster Trailer rented by the Owner to the Renter and all equipment, accessories or component parts installed in or attached to the Mobile Dumpster Trailer. It does not include loads or goods carried by the Mobile Dumpster Trailer or personal property placed in the Mobile Dumpster Trailer by the Renter or any other person.
2.The term “Owner” means the registered owner of the Mobile Dumpster Trailer identified in this agreement and includes its employees but not persons who act as agents managing the rental process. The term “Renter” means the party contracting with the Owner to rent the Mobile Dumpster Trailer identified in this agreement.
3.The term “rental charge” means the amount detailed on the front of this agreement including but not limited to the rental fee, damage waiver fee, deposit fee, and excess weight fee or any additional fees resulting from additional day rentals of the Mobile Dumpster Trailer, payable by the Renter to the Owner.
4.This agreement is made between the Owner and the Renter named herein and any other person who is not a party to this agreement must not use the Mobile Dumpster Trailer.
7.The following are considered hazardous waste and are not acceptable for disposal in the Mobile Dumpster Trailer Bin; Radioactive Waste, Batteries, Paint, Tires, Medical Waste, Asbestos *, Acids, Liquids, *Asbestos: Asbestos is a very dangerous substance. Incorrect disposal of asbestos may lead to criminal prosecution. ** The Renter is liable for any Asbestos found in the Mobile Dumpster Trailer. The cost of disposal of hazardous waste is the liability of the renter.
8. Mobile Dumpster Trailer Bins are made for light material. A Mobile Dumpster Trailer may take up to 2 wheel barrow loads of Heavy Waste. The following are some examples of heavy materials. Sand, Soil, Dirt, Rocks, Bricks, Concrete. Lids MUST be able to close.
9. The maximum weight of the 7 Cubic Yard Mobile Dumpster Trailer contents must not exceed 2500kg. Contents exceeding 2500kg will breach the allowable limit imposed by Provincial Road Authorities for this type of trailer. The Mobile Dumpster Trailer bin may be weighed upon return to the Mobile Dumpster Trailer site. Overloading may incur additional charges.
10.The Renter must ensure that the Mobile Dumpster Trailer trailer does not exceed the maximum towing capacity of the Renters towing vehicle. Please refer to your Owners’ Manual of your vehicle.
11.The Renter must ensure that the tow vehicle is properly fitted with a towing bracket, 2” (inch) ball, appropriate wiring for lights and indicators, and capacity for safety chains to be fitted.
12.The Mobile Dumpster Trailer trailer is the property of Mobile Dumpster Trailers and the Renter at no time has right, title or interest in the rented Mobile Dumpster Trailer trailer except that it is rented to the Renter.
13.If a renter seeks to have the Mobile Dumpster Trailer trailer collected prior to the expiry of the agreed rental period Mobile Dumpster Trailers reserve the right not to make any refund of monies to the renter.
14.The Renter agrees to pay Mobile Dumpster Trailers the full costs of any repairs or replacement parts of the Mobile Dumpster Trailers trailer should the Mobile Dumpster Trailers trailer be damaged or have parts stolen from it during the period of rental. These repairs/parts shall be undertaken / supplied by an authorised Mobile Dumpster Trailers agent and charged accordingly.
15.The Renter must inspect the Mobile Dumpster Trailer trailer and agrees to the trailer is in good working condition. The Renter agrees that the rental equipment has been received in good working condition, and will be returned in the same condition, ordinary wear and tear accepted.
16.The Renter also agrees to pay solicitors fees and court costs involved on behalf of Mobile Dumpster Trailers in their having to take any legal action to recover either the Mobile Dumpster Trailer trailer, the value of the Mobile Dumpster Trailer trailer or repair costs through the Renter not complying with the terms and conditions of rental.
17.Load Must Be Secured: The Renter agrees that the lids of the Mobile Dumpster Trailer trailer will be closed and secured during transport of the trailer, or be able to close at the end of use. Overfilling the Mobile DumpterTrailer or failing to secure the load can lead to fines by Provincial Road Authority, Police, the EPA, and other regulatory authorities. Any such fines are the responsibility of the Renter on a solicitor and own client basis.
18.The Renter acknowledges that the Mobile Dumpster Trailer is clean, in good repair and roadworthy at the time of rental and undertakes to return it in a similar condition. The Renter agrees to pay for the Mobile Dumpster Trailer to be cleaned and restored to its condition as at the commencement of rental if in the opinion of the Owner the Renter has left the Mobile Dumpster Trailer in a dirty condition or has caused excessive wear, damage or damage through neglect or carelessness or abuse of the Mobile Dumpster Trailer. Pre-existing damage or wear and tear is to be noted in this agreement by the Renter as being present at the commencement of rental to protect the Renter from liability.
19.The Renter is strictly liable for the loss of, and all damage to, the Mobile Dumpster Trailer, loads or goods carried by the Mobile Dumpster Trailer, any personal property left in the Mobile Dumpster Trailer, and the property of any person caused by the use of the Mobile Dumpster Trailer. This loss includes not only the material loss of the Mobile Dumpster Trailer but also the loss of earnings ordinarily derived by the Mobile Dumpster Trailer as determined by the Owner and any administrative and transport costs incurred in the recovery of this loss. In the case the Mobile Dumpster Trailer is stolen while in the possession of the ‘renter’ then it is at Mobile Dumpster Trailers discretion whether to charge the customer for the replacement value of the Mobile Dumpster Trailers, $8,000 + GST.
20.The Renter agrees to indemnify the Owner to the maximum extent permitted by law from and against any and all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Owner as a result of the failure of the Renter to perform its obligations under this agreement or loss and damage to any personal property that is connected with the rental of the Mobile Dumpster Trailer under this agreement. This does not include the Mobile Dumpster Trailer or any other property damaged as a result of the Mobile Dumpster Trailer colliding with it and does not include loss and damage caused by the negligence or wilful default of the Owner.
21.The Renter has rights conferred by consumer protection legislation, including guarantees that the Mobile Dumpster Trailer is of merchantable quality, matches any description or sample against which it is rented and any services are provided to the Renter by the Owner using all due care and skill. Save for these statutory rights, the Owner provides no other guarantees or warranties in respect of the Mobile Dumpster Trailer or the rental of the Mobile Dumpster Trailer.
22.To the maximum extent permitted by law and these conditions, the Owner accepts no responsibility or liability to the Renter for any loss, damage, costs, expenses, damages (including loss of use or enjoyment but excluding loss or damage caused by the negligence or wilful default of the Owner) or any other liabilities resulting from:
- a.Any accident, breakdown or other failure of the Mobile Dumpster Trailer.
- b.Loss of or damage to the Renter or any other person’s property, including personal property left in any Mobile Dumpster Trailer.
- c.Loss of or damage to any load or goods carried by the Mobile Dumpster Trailer.
23.Without limiting the foregoing, and to the maximum extent permitted by law, the Owner will not be liable to the Renter for any indirect, special or consequential damage arising in any way out of any matter covered by this agreement.
24.The Renter will only tow the Mobile Dumpster Trailer on roads that constitute the national road system or properly constructed driveways.
25.If the ‘renter’ wishes to hold onto the Mobile Dumpster Trailer for an extended period, an additional charge will be paid to the owner, as agreed upon prior to commencement of rental on a per day basis.
26.In the event of the Mobile Dumpster Trailer being un-towable or being damaged the Renter shall arrange at his own expense to return it to the Owner or its agent forthwith. The period of rental shall be determined upon such return of the Mobile Dumpster Trailer to the Owner.
27.The Renter is responsible for any traffic or parking offences incurred during the period of rental and will pay any camera fines or parking tickets incurred during such rental.
28.GST is payable on the rental fees and is automatically included in all fees charged. The Renter’s copy of this agreement is a tax invoice and should be presented to the agent by the Renter on completion of the rental for inclusion of all additional costs as required.
29.The Renter authorises the Owner to charge the Renter’s credit or debit card with the rental charge as well as any additional charges, including, but not limited to those fees or charges resulting from extended rental, overloading, loading of forbidden goods, tolls, fines resulting from traffic infringement notices, fines from the Environmental Protection Agency for overloading the Mobile Dumpster Trailer or failing to secure the load or parking offences, transport and recovery costs, legal expenses and recovery of any loss or damage, related to this agreement or the rental of the Mobile Dumpster Trailer.
30.The Renter agrees to be liable for all costs incurred by the Owner in the recovery of outstanding amounts. This includes interest at the rate of 2.5% per month, any debt collector costs and commissions, and any legal expenses (including legal fees and disbursements on a solicitor/ client basis).
31.During the continuance of the rental the Renter will not:
- a.Sell, offer for sale, assign, encumber, mortgage, pledge, or sub-let the Mobile Dumpster Trailer or any interest of the Owner herein or create or allow to be created any security interest over the Mobile Dumpster Trailer.
- b.Part with possession of the Mobile Dumpster Trailer except to parties named in this agreement.
- c.Allow any lien to be created in respect of the Mobile Dumpster Trailer for repairs or otherwise.
32.The Owner may, notwithstanding the specified period of rental and notwithstanding any waiver of some previous default, forthwith terminate this agreement and repossess the equipment without prior notice or written demand in any of the following events:
- a.If the Renter shall fail to pay any rental charges when due.
- b.If the Renter shall do or permit any act or thing whereby the Owner’s rights in the Mobile Dumpster Trailer may be prejudiced.
- c.If the Renter should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of a Renter being a limited company should an order be made or a resolution be passed for the winding up of such company.
- d.If, in the reasonable opinion of the Owner, the Mobile Dumpster Trailer is at risk of damage, loss or confiscation.
33.Without prejudice to the rights of the Owner to recover from a Renter any monies due and damages for breach of the agreement the Owner may enter into or upon any premises where the Mobile Dumpster Trailer may be located for the purposes of repossessing the Mobile Dumpster Trailer. The Renter indemnifies the Owner in respect of any claims, damages, expenses or costs arising out of any action taken under this clause.
34.Either the Renter or the Owner may terminate the agreement at any time if the other party commits a material breach of the agreement.
35.The Renter will tow the Mobile Dumpster Trailer in a skilful and proper manner, in compliance with any applicable traffic laws and regulations, and shall not overload the Mobile Dumpster Trailer. The Renter must complete any Rental Checklist or Equipment Taken Checklist appearing in this agreement and report any faults with the Mobile Dumpster Trailer to the Owner or its agents at the time of rental. The Renter must not use the Mobile Dumpster Trailer if it appears un-roadworthy and certifies that:
- a. Renter has read and understood all instructions provided for the safe use and operation of the Mobile Dumpster Trailer.
- b.Renter is competent to correctly connect and disconnect the Mobile Dumpster Trailer.
- c.Renter is competent to ensure safe load distribution and not exceed maximum load rating for the Mobile Dumpster Trailer (500kg).
- d.Renter has a current Alberta photo Driver’s licence and is licensed and has valid insurance policy coverage to drive or tow the Mobile Dumpster Trailer.
36.The Renter acknowledges that:
- a.The agreement between that Owner and Renter comprises the whole agreement and that no collateral oral statements by the Owner or his agent form part of the agreement.
- b. He has legal capacity to enter into this agreement.
- c.The singular includes the plural, the masculine gender includes the feminine in the interpretation of these terms.
37.The Owner will collect and use personal information that the Renter provides when renting the Mobile Dumpster Trailer or collected during the use of the Mobile Dumpster Trailer. We will take reasonable steps to protect your personal information from misuse, unauthorised access or wrongful disclosure but we may disclose your personal information to related and non-related third parties and store information about you in our database or IT systems. The Owner may use Mobile Dumpster Trailer tracking technology associated with the rental of this Mobile Dumpster Trailer and the Renter acknowledges and consents to this.
39.The law of this agreement is the law of the Province of Alberta, and the parties submit to the non-exclusive jurisdiction of the courts of Alberta