Heritage Hauling of Moreno Valley, California limited liability company, including its affiliates and subsidiaries (“Riverside Dumpster Rental & Junk Removal / IE Dumpsters / Riverside Dumpster Rental/ SoCal Dumpster Solutions / Socal Foreclosure Cleanouts”), agrees to rent certain dumpster equipment (“Equipment”) to customer (“Customer”) on the basis of the terms and conditions as set forth herein. Except as specifically set forth herein, or as otherwise communicated by Heritage Hauling to Customer, the following terms and conditions, including the Rental Documents (as defined herein) shall apply to and govern both commercial and residential rentals.

1. Acceptance; Contract Formation. This transaction, including Heritage Hauling’s rental of Equipment to Customer, is 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 related rental document, including, but not limited to any quotation, proposal, acknowledgment and/or invoice (collectively referred to hereinafter as the “Rental Documents”). The terms and conditions stated herein shall apply to and govern all Rental Documents, including any agreement, order and/or rental that may result here from, and these terms and conditions, along with the Rental Documents, constitute the entire agreement between Heritage Hauling 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. Heritage Hauling intakes and processes all Equipment rental orders either via telephone / Text or via our website which is located at www.heritagehaul.com and/or www.rivdumpsterrental.com (the “Website”). Customer acknowledges and agrees that upon Customer’s placement of an order for a rental of Equipment (either via telephone/ Text or via the Website), and Heritage Hauling acceptance of such order, then a binding and enforceable rental agreement shall exist between Heritage Hauling and Customer with respect to such Equipment based upon these terms and conditions, as well any applicable Rental Documents. All rental orders accepted by Heritage Hauling are accepted with the understanding that each such order is subject to Heritage Hauling’s ability to obtain and furnish the Equipment to Customer. Customer is solely responsible for contacting Company (either via telephone or via the Website) in order to initiate the commencement of the Services, as well as the final pick-up of the Equipment (in accordance with the terms of Section 4 herein).
3. Delivery and Pick Up of Equipment. Heritage Hauling 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 delivery times or dates. Heritage Hauling will not be liable to Customer under any circumstances for costs, expenses, losses, damages and/or injuries incurred by Customer in any manner relating to such delays.

   Important Points:

   • 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 Heritage Hauling.
   • If Heritage Hauling attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond Heritage Hauling’s control (e.g., overloaded Equipment, blocked access), Heritage Hauling shall be entitled to a dry run inconvenience fee. The standard dry run inconvenience fee is $150.00.
   • Heritage Hauling may increase the dry run inconvenience fee to recoup additional charges, fees, fines, penalties, costs and/or expenses related to the dry run.
   • Customer is responsible for any fees, penalties, fines, assessments, charges, costs and expenses incurred in connection with the movement, placement, and/or use of the Equipment.
4. Prices and Payment Terms.
   • Prices for Equipment rentals are stated on our Google Business page /Website and provided verbally. These are modified from time to time within the sole discretion of Heritage Hauling, provided that applicable prices for each Equipment rental transaction will be confirmed by Heritage Hauling at the time of Customer’s placement of an order for such Equipment.
   • Customer will pay Heritage Hauling upon delivery throughout the applicable rental term via credit card payment/check/Zelle or cash.
   • Customer authorizes Heritage Hauling to retain their credit card information and charge their credit upon delivery for rental fees and all other charges. This credit card authorization remains valid during the rental period and up to 60 days beyond the last day of your Equipment rental.
5. Cancellation and Cancellation Fees.
   • Any rental order, once placed with and accepted by Heritage Hauling, may not be cancelled by Customer except upon the consent of Heritage Hauling.
   • If Heritage Hauling agrees to accept a cancellation after acceptance of Customer’s order, then Heritage Hauling shall be entitled to a cancellation fee of $100.00 if the cancellation occurs after the creation of the Sale invoice.
   • If the cancellation occurs the day before or the day of, up to 50% of the invoiced sum can be billed or charged to the customer or responsible party.
6. Weight Restrictions and Overload Fees.
   • Customer acknowledges that each item/unit of Equipment has a designated weight specification and corresponding weight limitation.
   • Customer is responsible for complying with the weight restrictions and for covering/tarping the Equipment to prevent rain, water, snow, ice accumulation.
   • If weight restrictions are not complied with, Heritage Hauling may incur charges, expenses, penalties, and/or fines (collectively “Overload Expenses”).
   • Customer will pay Heritage Hauling a fee not to exceed $98.00 per ton in excess of the applicable weight restriction for the Equipment (“Overload Fee”).

   Tonnage overages are to be billed as follows:

   • 1-4 Tons over the already 4 ton allowance: $98.00 per ton rate.
   • Anything over 9 Total Tons (18,000 lbs.) and up: up to $400 per ton rate.

   Driving Areas and Equipment:

   • Customer agrees to provide unobstructed access to equipment during service times of 5:00 AM to 11:00 PM – 7 Days a week.
   • Customer agrees to defend, indemnify, and hold harmless Heritage Hauling against any bodily or property damage caused by trucks or equipment during the rental period.
7. Permits.
   • Customer is solely responsible for obtaining and maintaining all necessary permits, licenses, certifications, or other approvals required for the possession and use of the Equipment.
   • If Customer fails to obtain the necessary permits, Heritage Hauling may pick up the Equipment without prior notice and without any liability to Customer.
8. Prohibited Substances.
   • Customer acknowledges that certain items, materials, and substances are prohibited from being stored in the Equipment according to local, municipal, city, county, state, and federal laws.
   • A non-exclusive list of prohibited substances is available on Heritage Hauling’s Website.

   Unapproved or overloaded material(s) located inside dumpster(s) may be:

   • Left at the property for owner/tenant/landlord/business disposal.
   • Associated with additional charges for time spent identifying, locating, and removing such items.

   Additional Charges [Select number of additional charge items]:

   • Appliances (dishwasher, dryers, washers, freezers, refrigerators, microwaves)
   • Mattresses (mattress, box springs)
   • Tires
   • E-Waste (TVs, printers, laptops, computers, corded items, etc.)
   • Outdoor Equipment (Lawn Mowers, trimmers, edgers, etc.)
   • BBQ Grills
   • Car Batteries
   • Paint Cans
   • Concrete, Dirt, or Gravel loads

   Payments:

   • Customer agrees to make payments for any and all charges herein.
   • If a credit card is used for payment, Customer agrees to allow Heritage Hauling LLC to charge subsequent charges and fees to the credit card.
   • Customer agrees to pay 1.5% annual interest, attorney fees, court costs, and lien processing fees for past due balances.
9. Indemnification.
   • Customer agrees to indemnify, defend and hold harmless Heritage Hauling and its affiliates from any and all claims, suits, demands, damages, liabilities, and expenses arising from or related to:
     • Overload Expenses.
     • Failure to obtain necessary permits.
     • Storage of prohibited substances.
     • Loss or theft of the Equipment.
     • Damage or destruction of the Equipment during the rental term.
     • Personal injury or property damage relating to the Equipment.
     • Physical damage to streets, roadways, driveways, walkways, pavement, curbs, wells, irrigation systems, septic systems, and/or underground utilities.
     • Breach of these terms and conditions or the terms of any Rental Documents.
     • Any third-party fees, penalties, fines, assessments, charges, costs and expenses.
10. Waiver; Limitation of Liability and Disclaimer of Warranties.
    • Customer waives any and all claims and losses against Heritage Hauling related to the rental of the Equipment and/or performance under the Rental Documents, except in the event of gross negligence or intentional misconduct of Heritage Hauling.
    • The Equipment is provided on an “as-is” basis, and Heritage Hauling makes no warranties, express or implied, beyond this.
11. Governing Law; Severability.
    • Disputes arising in connection with the Equipment rental transaction shall be governed by the laws of California, without regard to conflict of laws provisions.
    • Any provision prohibited by applicable law shall be ineffective to the extent of such prohibition without invalidating the remaining provisions.
12. Jurisdiction and Venue.
    • Any action arising from or in connection with the Equipment rental transaction shall be commenced and prosecuted in the Court of Common Pleas of Riverside County, Riverside, U.S.A., or in the United States Federal District Court for the Eastern District of Riverside, Eastern Division.
13. Assignment.
    • Neither this rental transaction nor any part of Customer’s performance hereunder is assignable by Customer without the prior written consent of Heritage Hauling.
14. Reservation of Rights.
    • Heritage Hauling expressly reserves all rights and remedies available at law or in equity.
15. Entire Agreement and Modification.
    • Upon Heritage Hauling’s acceptance of the Customer’s order for the rental of the Equipment, these terms and conditions and the Rental Documents constitute the entire agreement between Customer and Heritage Hauling.
    • No changes will be valid unless approved by Heritage Hauling in writing.