Terms & Condtions
Transportation Services
Mid-Ohio Construction, LLC, dba Mid Ohio Dumpsters, an Ohio, U.S.A. limited liability company (“MOD”) and is licensed as a for-hire motor carrier of property holding PUCO CPCN 650699. MOD agrees to transport the property of customer (“Customer”) to the destination designated by Customer using MOD’s trucks (“Vehicles”) and roll-off containers/dumpsters (“Equipment”) in accordance with the terms and conditions as set forth herein (“Transportation Services”). Except as specifically set forth herein, or as otherwise communicated by MOD to Customer in a signed writing, the following terms and conditions shall apply to and govern the Transportation Services provided by MOD to both commercial and residential Customers.
1. Acceptance; Contract Formation. The Transportation Services to be provided by MOD to Customer are expressly limited to and made conditional upon Customer’s assent to and acceptance of all the terms and conditions contained herein and as set forth in any MOD generated document, including, but not limited to any quotation, proposal, acknowledgment and/or invoice (collectively referred to hereinafter as the “Service Documents”). The terms and conditions stated herein shall apply to and govern all Service Documents, including any order that may result herefrom, and these terms and conditions, along with the Service Documents, constitute the entire agreement between MOD and Customer. Any of Customer’s terms contained in any request for quotation, purchase order, release, acknowledgement or any other Customer document which are in addition to or different from the terms contained herein are hereby specifically objected to, rejected and excluded, and shall be of no force or effect.
2. Ordering Process. MOD intakes and processes all Transportation Services orders either via telephone or via our website which is located at www.midohiodumpsters.com (the “Website”). Customer acknowledges and agrees that upon Customer’s placement of an order for Transportation Services (either via telephone or via the Website), and MOD’s acceptance of such order, then a binding and enforceable contract shall exist between MOD and Customer with respect to such Transportation Services based upon these terms and conditions, as well any applicable Service Documents. All orders accepted by MOD are accepted with the understanding that each such order is subject to MOD’s Equipment availability. Customer is solely responsible for contacting MOD (either via telephone or via the Website) in order to initiate the commencement of the Transportation Services, as well as the pick-up of Customer’s property and the Equipment (in accordance with the terms of Section 4 herein). Customer acknowledges that any telephone numbers posted on and/or adhered to the Equipment belong to third-parties and should not be used for the purpose of attempting to contact MOD.
3. Initiation of Transportation Services and Pick Up of Customer’s Property and Equipment. MOD will use commercially reasonable efforts to ensure timely delivery and pick up of Equipment; provided that, due to circumstances beyond our control, including, but not limited to, inclement weather, hazardous roads and/or driving conditions, traffic delays, motor vehicle accidents, delays at landfills and equipment failure, we cannot and do not guarantee pick-up or delivery times or dates. MOD shall not be liable to Customer under any circumstances for costs, expenses, losses and/or damages incurred by Customer in any manner relating to such delays. Upon the delivery of the Equipment to the location as designated by Customer, Customer shall not move, transport or attempt to move or transport (either directly or indirectly) the Equipment from the designated site without prior notice to and consent from MOD, which may be withheld within the sole discretion of MOD. In the event that MOD attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond MOD’s control, including, but not limited to, overloaded Equipment, low lying power lines or tree branches, blocked access to the delivery or pick-up location, damaged Equipment, locked gates, fences or parking lots, inaccessible driveways and/or the storage of prohibited items or substances in the Equipment (collectively referred to as “dry run”), then MOD shall be entitled to an dry run inconvenience fee. The standard dry run inconvenience fee is $200.00; provided that, if MOD incurs additional charges, fees, fines, penalties costs and/or expenses related to the dry run, then MOD may increase the dry run inconvenience fee in order to recoup any such charges, fees, fines, penalties costs and/or expenses. Customer acknowledges and agrees that MOD is authorized and entitled to charge to Customer’s credit card the amount of any such dry run inconvenience fee. Customer shall be solely responsible for any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including, without limitation, a towing company) incurred in connection with the movement, placement and/or use of the Equipment. In the event of Customer’s violation and/or breach of the terms of the Service Documents (including these Terms and Conditions), Company may, within Company’s sole discretion and without prior notice to Customer and without any liability to Customer, immediately pick-up the Equipment. In addition, Company may pick-up the Equipment at any time if required to do so by local, county and/or state law or as required by order of any local, county and/or state government or agency.
4. Prices and Payment Terms. Prices for the Transportation Services and related accessorial fees are stated on the Website, as modified from time to time within the sole discretion of MOD; provided that applicable prices for each transaction will be confirmed by MOD at the time of Customer’s placement of an order. Except as otherwise mutually agreed in writing between Customer and MOD, Customer will pay MOD immediately upon placing an order via credit card payment. Customer hereby expressly authorizes MOD to retain Customer’s credit card information and charge Customer’s credit on a weekly and/or monthly basis for accessorial charges, recurring fees and all other charges including accessorial fees to which MOD is entitled hereunder. Customer acknowledges and agrees that such credit card authorization shall remain valid and in full force and effect during the applicable Transportation Services Period and for a period of time not to exceed 120 days beyond the later of the last day that Transportation Services are provided or Customer’s possession of Equipment ends. If, at any time during the service term, MOD’s authorization to charge Customer’s credit card is revoked and/or cancelled by Customer or any third-party, then MOD, within its sole discretion, may immediately terminate the Transportation Services and recover any and all Equipment in possession of Customer without notice or liability to Customer, and without prejudice to or waiver of any of MOD’s remedies against Customer. The Base Transportation Services Charge includes five (5) days of free-time for Customer to load its property into the Equipment for transportation by MOD. Each additional day or part thereof beyond five (5) days that Customer possess the Equipment shall be subject to a daily demurrage charge (“Demurrage Charge”) of $10.00 per day. All material loaded into the Equipment remains Customer’s property during transportation and unloading by MOD at the destination selected by customer on the Service Order.
5. Cancellation and Cancellation Fees. Any equipment order, once placed with and accepted by MOD, may not be cancelled by Customer except upon the consent of MOD, which may be withheld within the sole discretion of MOD. In the event that MOD agrees to accept a cancellation after acceptance of Customer’s order, then MOD shall be entitled to a cancellation fee (which may be charged to Customer’s credit card) in the amount $25.00 if the cancellation occurs prior to 3:00 p.m. the business day before your scheduled Equipment delivery date and a cancellation fee in the amount of $200.00 if the cancellation occurs thereafter.
6. Weight Restrictions and Overload Fees. Customer is solely responsible for complying with the weight restrictions applicable to the Equipment. Customer acknowledges that: (a) each item/unit of Equipment has a designated weight specification and corresponding weight limitation (which varies based on the size and type of the Equipment, as well as other factors); (b) the size and/or volume of the particular item/unit of Equipment is not determinative of the applicable designated weight specification and weight limitation for such item/unit of Equipment; (c) local, municipal, city, county and/or state laws, regulations, rules and ordinances also govern and limit the weight and/or amount of material that can be legally stored in and/or transported in the Equipment; and (d) rain, water, snow, ice permitted by Customer to accumulate in the Equipment can increase (and under certain circumstances) exceed the applicable weight restriction relating to specific Equipment. Customer acknowledges that Customer is solely and exclusively responsible for determining the weight restrictions applicable to Equipment and for strictly complying with such restrictions, including, but not limited to covering and/or tarping the Equipment in order to prevent rain, water, snow, ice accumulation in the Equipment. Customer hereby acknowledges that MOD incurs charges and expenses in connection with the transport of loaded Equipment to landfills, recycling centers and other destinations and that such charges and expenses are based upon the weight of the Equipment. If Customer fails to comply with applicable weight restrictions, MOD may incur any pay for charges, expenses, penalties and/or fines from a landfill or other third-party, whether private or public, including, but not limited to traffic fines and penalties or other consequential damages (collectively the “Overload Expenses”). In the event that MOD incurs any Overload Expenses relating to or in connection with Customer’s failure to comply with applicable weight restrictions, then, in addition to all other remedies to which MOD is entitled and in addition to all other amounts, fees, charges and expenses due from Customer to MOD (including Customer’s reimbursement of all such Overload Expenses to MOD), Customer will pay MOD a fee not to exceed the amount of $85.00 per ton in excess of the applicable weight restriction for the Equipment (“Overload Fee”), as determined within the sole discretion of MOD. Customer acknowledges and agrees that all Overload Fees assessed by MOD against Customer may be charged to Customer’s credit card.
7. Permits. Customer acknowledges that Customer’s possession of the Equipment may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the Equipment (collectively referred to hereinafter as a “Permit”). Customer represents and warrants to MOD that Customer (and not MOD) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession of the Equipment. In the event that Customer fails to obtain and/or maintain all necessary and required Permits, Company may pick-up the Equipment without prior notice to Customer and without any liability to Customer.
8. Prohibited Substances. Customer acknowledges that local, municipal, city, county, state and/or federal laws, regulations, rules and ordinances prohibit the storage of certain items, materials and substances in the Equipment (“Prohibited Substances”). Prohibited Substances include, without limitation, tires, batteries, tree stumps, yard waste, railroad ties, chemically treated lumber, paints and lacquers, oils, asbestos, infectious waste, contaminated soils and absorbents, inks and resins, industrial drums, water heaters and water tanks, food waste, fuels, adhesives, refrigerants and other toxic and/or hazardous materials and substances. A non-exclusive list of certain Prohibited Substances is available on MOD’s Website for Customer’s review. Customer acknowledges and agrees that Customer is solely and exclusively responsible for complying with all applicable laws relating to Prohibiting Substances, and Customer shall be liable for any charges, expenses, damages, losses, fines and/or penalties (including, but not limited to traffic fines and penalties) relating to Customer’s storage and/or transportation of Prohibited Substances in the Equipment.
9. Indemnification. Customer agrees to indemnify, defend and hold harmless MOD, including its officers, directors, members, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, judgments, debts, fines, penalties, charges, expenses, costs or other liabilities of whatsoever kind or nature (collectively, “Losses”) asserted or alleged by any third-party arising from or related to: (a) Overload Expenses; (b) Customer’s failure to obtain and/or maintain any required Permit; (c) Customer’s use or storage of Prohibited Substances in the Equipment; (d) loss or theft of the Equipment; (e) damage and/or destruction of the Equipment; (f) personal injury and/or property damage relating to Customer’s use and/or possession of the Equipment; (g) physical damage to streets, roadways, driveways, walkways, pavement, curbs, wells, irrigation systems, septic systems and/or underground utilities caused by the Equipment (h) Customer’s breach of the these terms and conditions or the terms of any of the Service Documents; and (i) any fees, penalties, fines, assessments, charges, costs and expenses asserted by a third-party (including, without limitation, a towing company) incurred in connection with the movement, placement and/or use of the Equipment. In addition, except to the extent prohibited by applicable law, Customer agrees to reimburse MOD for any and all reasonable attorneys’ fees and litigation related costs incurred by MOD relating to enforcement by MOD of this Section 9 and/or Customer’s breach of its duties arising under this Section 9.
10. Waiver; Limitation of Liability and Disclaimer of Warranties. EXCEPT IN THE EVENT OF THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MID OHIO DUMPSTERS, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AND LOSSES AGAINST MID OHIO DUMPSTERS RELATING TO OR ARISING FROM CUSTOMER’S USE OF THE EQUIPMENT AND/OR MID OHIO DUMPSTERS PERFORMANCE UNDER THE SERVICE DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO CUSTOMER’S PROPERTY, PAVEMENT, CURBING, DRIVEWAYS, WALKWAYS, LANDSCAPING, LAWN, WELLS, IRRIGATION SYSTEMS, SEPTIC SYTEMS AND/OR UNDERGROUND UTILITIES RELATED TO OR ARISING FROM THE STORAGE OR TRANSPORT OF THE EQUIPMENT IN OR ON CUSTOMER’S PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO CUSTOMER’S PROPERTY FROM LEAKS OR STAINS RELATING TO CUSTOMER’S USE OF THE EQUIPMENT. THE EQUIPMENT SHALL BE PROVIDED ON AN “AS-IS” BASIS, AND MID OHIO DUMPSTERS MAKES NO WARRANTIES TO CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR THAT THE EQUIPMENT WILL MEET YOUR REQUIREMENTS.
11. Governing Law; Severability. Any and all disputes arising from or in connection with the Transportation Services transaction between MOD and Customer, including, but not limited to, these terms and conditions, the Service Documents and/or Customer’s possession and use of the Equipment, shall be construed in accordance with and governed by the laws of the State of Ohio, U.S.A., including all matters of construction, validity and performance, without giving effect to the conflict of laws provisions of such State. Any provision hereof which may be prohibited by applicable law shall be ineffective to the extent of such prohibition and without invalidating the remaining provisions hereof.
12. Jurisdiction and Venue. Any action arising from or in connection with the Transportation Services transaction between MOD and Customer, including, but not limited to, these terms and conditions, the Service Documents and/or Customer’s possession and use of the Equipment, shall be commenced and prosecuted in the Court of Common Pleas of Franklin County, Ohio, U.S.A., or in the United States Federal District Court for the Southern District of Ohio, Eastern Division. Customer hereby consents to the exclusive jurisdiction and venue of the Court of Common Pleas of Franklin County, Ohio, U.S.A., or in the United States Federal District Court for the Southern District of Ohio, Eastern Division and Customer hereby waives any objection or defense based on improper jurisdiction and/or forum non conveniens.
13. Assignment. Neither this Transportation Services transaction (including the Service Documents), nor any part or portion of Customer’s performance hereunder is assignable by Customer in whole or part without the prior written consent of MOD, which may be withheld within the sole discretion of MOD.
14. Reservation of Rights. MOD expressly reserves all rights and remedies which are available to it at law or in equity.
15. Entire Agreement and Modification. Upon MOD’s acceptance of the Customer’s service order, the terms and conditions set forth herein and as set forth in the Service Documents (including, but not limited to all requirements as set forth in MOD’s Website), shall constitute the entire agreement between Customer and MOD and no statement, correspondence, or other terms shall modify or affect the terms hereof or thereof. No change in these terms and conditions will be valid unless approved by MOD in writing.