KC Dumpster Company, LLC
Your online purchase transaction (“Transaction”) is subject to the terms and conditions set out below which create a contract (the “Agreement”) between you and by KC Dumpster Company, LLC. (“KC Dumpster), a Missouri limited liability company having its principal place of business at 501 Main St., Greenwood, Missouri 64034. Please read these terms and conditions carefully.
By clicking the button or mechanism designed to acknowledge agreement to these terms and conditions in the KC Dumpster online cart through which you place your Transaction order (the “Online Cart”), 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 behalf of and bind your Company (if any) or yourself (if there is no such entity).
Whenever you place a Transaction order through the KD Dumpster Co. Online Cart 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.
1.1 By clicking on the “Buy” button you are placing a Transaction order online to purchase rental dumpster(s) from KC Dumpster subject to these terms and conditions. By clicking on the “Buy” button you are warranting and representing that you are at least 18 years of age.
1.2 By submitting your information to KC Dumpster 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 KC Dumpster 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 KC Dumpster, irrespective of whether the button or link you press or activate to submit your Transaction order to KC Dumpster 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 KC Dumpster 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. KC Dumpster 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 KC Dumpster 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 KC Dumpster 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.
2.1 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.
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 KC Dumpster. Any such Taxes to be collected by KC Dumpster shall be your responsibility, and shall appear as a separate item on your order confirmation/receipt (unless KC Dumpster receives a valid tax exemption certificate from you prior to processing your Transaction order).
4. Payment Methods.
4.1 Payment methods recognized by KC Dumpster are listed in the Online Cart. Only payment methods recognized by KC Dumpster will be accepted by KC Dumpster. KC Dumpster 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 KC Dumpster 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. KC Dumpster 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. KC Dumpster will charge credit or debit cards on fulfilling your rental dumpster(s) to you. KC Dumpster 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 KC Dumpster will send you an order confirmation/receipt confirming your purchase and the amount that has been charged to you.
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 KC Dumpster 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:
c. Hazardous, Flammable, or Toxic substances or materials;
e. Concrete, steel or other heavy materials (except where authorized by KC
f. Any other items that would violate local, state or federal ordinances, regulations, statutes or common law to dispose of in a dump.
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 KC Dumpster, 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 KC Dumpster 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.
7.1 You agree to indemnify and hold harmless KC Dumpster 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).
8.1 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 KC Dumpster 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 one-day rental fee for that size of dumpster. For a 20 yard dumpster that fee is . For a 30 yard dumpster that fee is . For a 40 yard dumpster that fee is . 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 KC DUMPSTER 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 KC DUMPSTER ONLINE CART 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 KC DUMPSTER 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 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 KC Dumpster relating to the purchase of the rental dumpster(s) via the Online Cart 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 KC Dumpster in connection with the rental dumpster(s) purchased via the Online Cart 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 KC Dumpster unless specifically agreed to in writing by an authorized representative of KC Dumpster. You acknowledge and agree that i) KC Dumpster is under no obligation to proceed with or implement any KC Dumpster business or product plans, product roadmaps and proposed products specifications that KC Dumpster may have discussed with you, including those discussed pursuant to confidentiality agreements; ii) any statements by KC Dumpster, 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.
12.1 KC Dumpster may engage the services of subcontractors or agents to assist KC Dumpster 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 KC Dumpster 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. KC Dumpster 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. Governing Law.
13.1 This Agreement shall be governed by and construed under the laws of the State of Missouri, without regard to choice of laws principles. Any litigation between the parties shall be commenced and maintained exclusively in the United States District Court for the Western District of Missouri in Kansas City or the courts of Jackson County, Missouri. 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.
KC Dumpster, 1280 SE Century Dr. Lees Summit MO 64081