Call us at 716-875-1209. Serving all of Western NY

Terms & Conditions

Guard Contracting Corporation Terms & Conditions

Guard Contracting Corporation and its subsidiaries and affiliates (the “Company”) agree to rent to you, as our Customer, a roll off container for temporary use (the “Dumpster”), at the address specified by you.

Delivery. The Dumpster will be delivered to the rental location in good and workmanlike order. The Company agrees to place the Dumpster in a location mutually agreed upon by you at the time of your order and the delivery driver at the rental location. We reserve the right to cancel or delay the delivery process in the case of inclement weather, or if suitable roadways or Dumpster location are not provided.

Waste Materials. You agree to place only non-hazardous materials in the dumpster to include municipal solid waste and construction and demolition debris.  You will be responsible for any fines or penalties and additional handling fees if you dispose of any materials that are not acceptable waste, or any hazardous material in the dumpster. Hazardous material is defined but not limited to: any substance that is toxic, ignitable, reactive, corrosive, acidic, radioactive, volatile, highly flammable, explosive, biomedical or infectious and that is regulated by any local government, state government or United States government including certain electronic devices categorized as universal waste. Title to and liability for any unacceptable Waste shall remain with you as the Customer at all times.

Charges, Payment, Adjustments. You agree to be charged the amount specified on the Rental agreement including delivery and disposal fees and any unacceptable waste plus tax as applicable.  If you have a tax exemption status you must provide us with a copy of your tax exemption certificate prior to delivery or before dumpster is picked up.    

Damage to Property, Damage to Container. Proper roadways, surfaces and pavement need to be provided in order to service the dumpster. We are not responsible for damage to roadways, surfaces and pavement that are not suitable for access. We retain the right to charge you for any repairs as a result of any misuse of the dumpster by you that occurs while our dumpster is in your possession.

 Warranties. We will dispose of waste material according to all applicable laws, regulations and ordinances. We will use a disposal facility (recycling center, landfill, transfer station, etc.) that meets all legal and regulatory requirements.

 Indemnification. By signing this Agreement, you authorize the Company to enter the rental location for dumpster delivery and pick up. You agree to indemnify, hold harmless and defend us against all claims, lawsuits, demands, costs or other liability resulting from or arising out of your negligence or willful misconduct while our dumpster is in your possession. Your employees, guests, and any person on your premises will be covered by you and safe and proper usage of our dumpster will be instructed by you to all necessary persons. You will not hold us responsible for damage to our Dumpster for the improper use of our dumpster by you, your employees, guests, or any person on your premises.

 Governing Law & Venue. This Agreement and any issues arising hereunder or relating hereto shall be governed by and construed in accordance with the laws of the State of New York.   The Parties agree that all actions or proceedings arising in connection with this agreement shall be tried and litigated only in the state of New York.

Limitation of Liability. Neither party shall be liable to the other for special, incidental, exemplary, punitive or consequential damages including without limitation loss of use, loss of profits or revenues, or cost of substitute or re-performed services, suffered, asserted or alleged by either party or any third party arising from or relating to this Agreement, regardless of whether those damages are claimed under contract, warranty, indemnity, tort or any other theory at law or in equity.

 Disputes. If a claim or dispute arises out of this Agreement or its performance, the parties agree to endeavor in good faith to resolve it equitably through negotiation, or if that fails, through non-binding mediation under the rules of the American Arbitration Association, before having recourse to the courts. However, prior to or during negotiation or mediation, either party may initiate litigation that would otherwise become barred by a statute of limitation.



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