Terms and Conditions
Your online purchase transaction (“Transaction”) is subject
to the terms and conditions set out below which create a contract (the
“Agreement”) between you and Paradise Junk Removal, LLC. (“Paradise Junk Removal), a Nebraska limited liability company having its principal place of business at Omaha, NE. Please read these terms and conditions carefully.
By clicking the button, paying invoice or mechanism designed to acknowledge
agreement to these terms and conditions in the Paradise Junk Removal online cart or by calling, texting or filling out online form through which you place your Transaction order (the “Online Cart et al”), you (a) are
indicating that you have read these terms and conditions, understand them, and agree to be legally bound to them, on behalf of the company or other legal entity for which you are acting (for example, as an employee) (“Company”) or if there is no Company, on behalf of yourself as an individual; and (B) you represent and warrant that you have the right, power and authority to act on behalfvof and bind your Company (if any) or yourself (if there is no such entity).
Whenever you place a Transaction order through Paradise Junk Removal. Online Cart, a call, text, email or online form the version of these terms and conditions in effect on the date you place that order shall govern that Transaction. These terms and conditions may change from time to time, so please review them upon submission of each order, even if you have reviewed them before. We recommend that you print and keep a copy of these terms and conditions (and any other documents
referred to in these terms and conditions) for your reference.
Note that your use of the rental dumpster(s) and/or trailer(s) you purchase
are subject to additional Terms of Use (as defined below). Note the term dumpster extends to roll off dumpsters, dump trailers, dumpster trailers and any other container rented out by Paradise Junk Removal. The term “dumpster(s)” shall encompass all types of rental containers in this document moving forward.
1. Orders.
1.1 By clicking on the “Buy” button or paying your invoice you are placing a Transaction order online to purchase rental dumpster(s) from Paradise Junk Removal subject to these terms and conditions. By clicking on the “Buy” button or paying your invoice or acknowledging on the form you are warranting and representing that you are at least 18 years of age.
1.2 By submitting your information to Paradise Junk Removal in
relation to your Transaction order, you consent to such information being
processed to fulfill your Transaction order.
1.3 A Transaction order submitted by you constitutes an
irrevocable offer by you to Paradise Junk Removal to purchase rental dumpster(s) subject to these terms and conditions at the price quoted in the Online Cart for those rental dumpster(s) and is subject to subsequent acceptance and fulfillment by Paradise Junk Removal, irrespective of whether the button or link you press or activate to submit your Transaction order to Paradise Junk Removal includes words such as “Buy” or otherwise indicates that it is the final step in completion of your Transaction order.
1.4 You will receive an order confirmation/receipt from Paradise Junk Removal once your Transaction order has been accepted and sent to be processed for fulfillment. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your Transaction order. Paradise Junk Removal may cancel your Transaction order at any time and for any reason prior to fulfilling your Transaction order; if this is the case, we will refund any prior payment that you have made for that/those rental dumpster(s).
1.5 If Paradise Junk Removal is unable to process payment using
the payment method you provided with your Transaction order, or if we have
reason to believe that you (i) are ineligible to purchase products or services
from Paradise Junk Removal via the Online Cart either as a result of breach of these terms and conditions or by virtue of applicable law or otherwise, (ii) are
otherwise in breach of these terms and conditions, or (iii) have engaged in
fraud or criminal activity in connection with your use of any products or
services then, without prejudice to any of our other rights, we may do any or
all of the following: (a) stop any products or services being fulfilled to you;
or (b) stop or suspend ongoing access to products or services.
2. Price.
2.1 The price for the rental dumpster(s) you order, and any additional charges applicable to your Transaction order, will be quoted to you in the Online Cart applicable to those rental dumpster(s) and will also be indicated on your order confirmation/receipt. These are the prices and charges that will be charged to your credit card.
2.2 The default time period for all dumspter rentals is 1, 3 or 7 days. The dumpster will be collected on the 1st, 3, or 7th day unless the rental is extended.
2.3 Dumpster pricing is based on maximum allowed tons per size of dumpster, as follows:
10 yard: 1.5 ton
15 yard: 1.5 ton
20 yard: 1.5 ton
30 yard: 2 ton
Unless otherwise noted in rental
Anything over those limits will be billed at $45 per ton in NE $60 per ton in MO, and $90 per ton in CO
3. Taxes.
3.1 All prices quoted and amounts payable by you are
exclusive of any tax, levy or similar governmental charge that may be assessed
by any jurisdiction, including, without limitation, any federal, state,
provincial or local sales, excise, use or goods and services taxes, or the
equivalent, whether based on the delivery, possession or use of the products,
services or subscriptions, or otherwise (“Taxes”) except for net income, net
worth or franchise taxes assessed on Paradise Junk Removal. Any such Taxes to be collected by Paradise Junk Removal shall be your responsibility, and shall appear as a separate item on your order confirmation/receipt (unless Paradise Junk Removal receives a valid tax exemption certificate from you prior to processing your
Transaction order).
4. Payment Methods.
4.1 Payment methods recognized by Paradise Junk Removal are
listed in the Online Cart. Only payment methods recognized by Paradise Junk Removal will be accepted by Paradise Junk Removal. Paradise Junk Removal does not offer any credit terms. If you elect to use the services of a third party payment or billing provider in connection with your purchase from us, and provided Paradise Junk Removal accepts payments from such third party provider on your behalf, your use of such services will be subject to the third party provider’s own terms and conditions. You may be required to create an account with such third party provider and/or provide that third party provider with your bank account or credit/debit card details. Paradise Junk Removal is not responsible for, and you agree to hold us harmless from and against, any liability resulting from the acts or omissions of any third party payment or billing provider.
4.2 Payment shall be made by the payment method selected in
your Transaction order. Paradise Junk Removal will charge credit or debit cards on fulfilling your rental dumpster(s) to you. Paradise Junk Removal reserve the right to verify and/or authorize credit or debit card payments prior to acceptance of your Transaction order. Once your Transaction order has been accepted Paradise Junk Removal will send you an order confirmation/receipt confirming your purchase and the amount that has been charged to you.
5. Terms of Use.
5.1 All references in these terms and conditions to
“dumpster(s)” shall mean the delivery, temporary use, and pick-up of one or
more Paradise Junk Removal rental dumpsters.
5.2 You agree to use the dumpster in a manner consistent
with the common use of a trash/debris dumpster.
5.3 You agree to not put any of the following items in the
dumpster:
a. Paint;
b. Tires;
c. Hazardous, Flammable, or Toxic substances or materials;
d. Dirt;
e. Concrete, steel or other heavy materials (except where
authorized by Paradise Junk Removal);
f. Any other items that would violate local, state or
federal ordinances, regulations, statutes or common law to dispose of in a
dump.
g. Appliances
h. animals living or dead
5.4 If disposing of concrete, steel or other heavy materials
you agree to limit the amount of those materials in the dumpster to an amount
approved by Paradise Junk Removal, prior to filling the dumpster.
5.5 You agree to not fill the dumpster past the top edges of
the dumpster.
5.6 You agree to have a clear area in your driveway or other
agreed upon spot for placement of the dumpster, both at the time of delivery of the dumpster, and at the time of pickup of the dumpster. You agree to have a minimum clearance of 6 feet on the end of the dumpster with the door and a
minimum clearance of 3 feet on each side of the dumpster.
5.7 You agree not to ask Paradise Junk Removal to place the dumpster on any part of a sidewalk, road, or other public property, unless you
provide a copy of the local, state or federal permits required for placement of
a dumpster on a sidewalk, road or other public property. You agree to provide
the permit at least seven (7) days in advance of the expected or scheduled date of delivery of the rental dumpster(s).
5.8 You agree to not damage the rental dumpster(s), while on
your property and in your care.
5.9 By clicking the “Buy” button, paying the invoice or acknowledging the terms on the online form for rental dumpster(s), you
agree that you are content to be bound by, and to use each product and/or
service in accordance with, these Terms of Use.
6. Penalties.
6.1 You agree to pay the following penalties if you violate
the Terms of Use:
a. For violating section 5.3 of the Terms of Use, you agree
to pay all costs associated with the lawful disposal of said items, and also a
penalty for the time and effort expended by Paradise Junk Removal to properly dispose of said items equal to fifty-percent (50%) of the costs of disposal.
b. For violating sections 5.4 or 5.5 of the Terms of Use,
you agree to pay all costs associated with unloading the dumpster to a load
that is safe and lawful to haul away, and also a penalty of for the time and
effort expended by Paradise Junk Removal in the amount of five-hundred dollars ($500.00).
c. For violating sections 5.6 or 5.7 of the Terms of Use, if
Paradise Junk Removal is unable to place or pick-up the rental dumpster(s), then you agree to pay the one-day rental fee for that size dumpster, and also a penalty for the time and effort expended by Paradise Junk Removal in the amount of $150, for each day that delivery or pick-up is unable to be completed.
d. For violating section 5.8 of the Terms of Use, you agree
to pay all costs associated with repairing the rental dumpster to its condition
prior to the damage, and also a penalty for the time and effort expended by Paradise Junk Removal in the amount of the one-day rental fee for that size dumpster for each day that the dumpster is out-of-service due to the damage. If the dumpster is not-repairable to a safe and/or usable condition, then you agree to pay the purchase cost for a new dumpster, and pay all costs associated with disposing of the damaged dumpster.
7. Indemnification.
7.1 You agree to indemnify and hold harmless Paradise Junk Removal and its directors, officers, employees, agents, stockholders, owners,
affiliates, and subcontractors from and against all allegations, claims,
actions, suits, local, state and federal law violations, demands, damages,
liabilities, obligations, losses, settlements, judgments, costs and expenses
(including, without limitation attorneys’ fees and costs) which arise out of,
relate to, or result from any act or omission by You in the delivery,
placement, use, pick-up and dumping of the rental dumpster(s).
8. Delivery.
8.1 Rental dumpster(s) purchased by you will be delivered at
the date indicated on your order, if scheduled pursuant to our calendar, or at
a time consistent with dumpster availability as indicated on our website.
8.2 Any products purchased by you shall be delivered to you
to the address (“Your Address”) provided by you in your Transaction order or
listed in your Paradise Junk Removal Account.
9. Cancellation and Refund.
9.1 You may cancel your dumpster(s) rental three (3)
business days prior to the dumpster being delivered for a full refund. Any
cancellation within three (3) business days prior to delivery will incur a
penalty of a 1/3 rental fee for that size of dumpster. The remaining amount of your fee will be refunded to the credit or debit card used in the initial purchase.
10. LIMITATION OF LIABILITY.
10.1 THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF Paradise Junk Removal AND ITS AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, AND THEIR EMPLOYEES,
OFFICERS, AND DIRECTORS, FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING UNDER OR RELATED IN ANY WAY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, TO (1) YOUR TRANSACTION VIA THE Paradise Junk Removal ONLINE CART, ONLINE FORMS, THROUGH TEXTS, CALLS OR EMAILS ORDERS AND/OR ANY RELATED BREACH OR NON-PERFORMANCE OF THIS
AGREEMENT NO MATTER HOW FUNDAMENTAL, IS LIMITED TO YOUR
DIRECT DAMAGES ONLY AND SHALL NOT EXCEED THE TOTAL VALUE OF THAT TRANSACTION. IN NO EVENT SHALL EITHER YOU OR Paradise Junk Removal BE LIABLE FOR SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR FOR LOSS OF PROFITS, REVENUES, CONTRACTS, CUSTOMERS, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF REPLACEMENT GOODS OR SERVICES, OR FAILURE TO REALIZE
EXPECTED COST SAVINGS EVEN IF ADVISED OF THE POSSIBILITY OF SAME OR SAME WERE REASONABLY FORESEEABLE. YOU ACKNOWLEDGE THAT THE AMOUNTS CHARGED FOR YOUR
TRANSACTION VIA THE ONLINE CART, ONLINE FORMS, THROUGH TEXTS, CALLS OR EMAILS ORDERS FAIRLY REFLECT THIS ALLOCATION OF RISK. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY.
11. Entire Agreement.
11.1 These terms and conditions (and any documents
incorporated herein by reference) constitute the entire agreement between you
and Paradise Junk Removal relating to the purchase of the rental dumpster(s) via the Online Cart , ONLINE FORMS, THROUGH TEXTS, CALLS OR EMAILS ORDERS related to this Transaction, and supersede and render of no legal effect all prior agreements, understandings, negotiations and discussions, whether oral or written, and there are no warranties, representations or other agreements between you and Paradise Junk Removal in connection with the rental dumpster(s) purchased via the Online Cart , ONLINE FORMS, THROUGH TEXTS, CALLS OR EMAILS ORDERS related to this transaction except as specifically set forth in these terms and conditions. Except as expressly set out in this Agreement (or any of the documents incorporated herein by reference), all warranties, terms, conditions and undertakings, express or implied are excluded to the fullest extent permitted by applicable law. You further acknowledge that no additional or different terms or conditions submitted on any purchase order issued by you or otherwise referred to by you, including any preprinted terms, shall be applicable to this transaction or binding on Paradise Junk Removal unless specifically agreed to in writing by an authorized representative of Paradise Junk Removal. You acknowledge and agree that i) Paradise Junk Removal is under no obligation to proceed with or implement any Paradise Junk Removal business or product plans, product roadmaps and proposed products
specifications that Paradise Junk Removal may have discussed with you, including those discussed pursuant to confidentiality agreements; ii) any statements by Paradise Junk Removal, including in connection with such plans, are not intended to be a promise or guarantee of future delivery of products, services or features; and iii) you do not rely on, and shall have no remedy in respect of, any promise, assurance, undertaking, representation or statement made (whether innocently or negligently) by any other party or any other person except as expressly set out in this Agreement, in respect of which your sole remedy shall be for breach of
contract.
12. General.
12.1 Paradise Junk Removal may engage the services of
subcontractors or agents to assist Paradise Junk Removal in the performance of its obligations under these terms and conditions. You may not assign or transfer your rights under these terms and conditions, and any purported assignment or transfer shall be void. No relaxation,
forbearance, delay or indulgence by either you or Paradise Junk Removal in enforcing any of these terms and conditions or the granting of time by either party to the other shall prejudice or restrict such rights and powers. No waiver of any term or condition of these terms and conditions shall be effective unless made in writing by the party making such waiver. If for any reason a court of competent jurisdiction finds any provision or portion of these terms and
conditions to be illegal, unenforceable, or invalid under applicable law in a
particular jurisdiction in relation to the transaction to which these terms and
conditions relate, the remainder of these terms and conditions (to the fullest
extent permitted by law) will continue in full force and effect in relation to
that transaction. Paradise Junk Removal shall not be in breach of these terms and conditions in the event that it is unable to perform its obligations as a
result of any reason or condition beyond its reasonable control.
13. Advertising
13.1 Paradise Junk Removal uses 3rd party material including but not limited to photographs, images, illustrations, graphics etc. when advertising. The size, shape, color, make, model and/or other visual features may not match the dumpster(s) delivered.
14. Measurements
14.1 All measurements approximate.
15. Governing Law.
15.1 This Agreement shall be governed by and construed under
the laws of the State of Nebraska, without regard to choice of laws principles.
Any litigation between the parties shall be commenced and maintained
exclusively in the United States District Court of Omaha Nebraska. The parties expressly submit themselves to the exclusive jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions invalid or unenforceable, that provision of these terms and conditions will be enforced to the maximum extent permissible and the other provisions of these terms and conditions will remain in full force and effect.
Your Terms and Conditions section is like a contract between you and your customers. You make information and services available to your customers, and your customers must follow your rules.
Common items in a terms and conditions agreement allow you to:
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