Terms & Conditions

COMMERCIAL MANAGEMENT SERVICES, LLC

TCPA Consent & Privacy Clause

Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your Account and/or Job Site Orders and/or Rental Agreements and related services, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, loan and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.

MASTER WASTE AND DISPOSAL SERVICES AGREEMENT

TEMPORARY SERVICE TERMS AND CONDITIONs

Rules and Restrictions: By purchasing services with Commercial Management Systems (Contractor) you agree to the full terms and conditions stated below. You must call (888) 670-9716 directly to insure cancellation or change to your service. ACCEPTANCE AND USE OF THE CONTAINER CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Waste Material: Customer represents and warrants that the materials placed in the equipment shall be “waste material” as defined herein and shall contain no other substances. The term “waste material” as used in these Terms and Conditions shall mean all solid waste (including recyclable materials) generated by the customer and specifically excludes, and Customer agrees not to deposit in Contractor’s equipment or place for collection by Contractor any appliance with Freon, tires, paints, liquids, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, bio-hazardous, toxic, or hazardous material as defined by applicable federal, state, provincial, or local laws or regulations (Excluded Waste). The term “hazardous material” shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended or applicable by law. TITLE TO AND LIABILITY FOR ANY EXCLUDED WASTED SHALL REMAIN WITH THE CUSTOMER AND CUSTOMER EXPRESSLY AGREES TO DEFEND, IDEMNIFY AND HOLD HARMLESS CONTRACTOR FROM AND AGAINST ANY AND ALL DAMAGES, PENALTIES, FINES AND LIABILITIES ARISING OUT OF SUCH EXCLUDED WASTE ABOVE.

Charges and Payments: Customer shall pay Contractor for the collection and disposal provided by Contractor including any digout, relocation, rental, blocked container and/or excess disposal charges levied, but not prepaid by Customer in accordance with the schedule of charges as outlined on the Order Summery attached to and made part of these Terms and Conditions. For all amounts billed and not paid in advanced, Customer shall make payment within ten (10) days after date of an invoice from Contractor. Contractor may impose, and Customer agrees to pay, a late fee no greater than that allowed by law on balances not paid within thirty (30) days of the date of the invoice. In the event that any payment is not made when due, Contractor may, at his sole option, terminate services, recover all past due amounts and recover any equipment from the premises. Contractor reserves the right to charge a fee no greater than that allowed by law on all Customers checks returned for insufficient funds.

Credit Card Customers: Credit Card Customers are charged for services at the time an order is placed. CHARGES FOR THE INITIAL SERVICE MAY NOT BE THE ONLY CHARGES THAT A CUSTOMER IS RESPONSIBLE FOR ULTIMATELY. CUSTOMER AUTHORIZES CONTRACTOR TO CHARGE THEIR CREDIT CARD FOR ANY AND ALL WORK DONE ON THEIR BEHALF AND AGREE TO BE RESPONSIBLE FOR PAYMENT OF ALL BILLS RELATED TO SUCH WORK, IN ACCORDANCE WITH THE STATED TERMS AND CONDITIONS. Please read through this agreement carefully as you may be liable for additional charges due to a number of factors, such as: exceeding the contracted weight limit; repeat trips to retrieve a container; contamination, and other liabilities cited within this agreement. CREDIT CARD CUSTOMERS AGREE TO PAY ANY OVERWEIGHT CHARGES (DISPOSAL ABOVE CONTAINER’S DESIGNATED WEIGHT LIMIT) AND/OR ANY OTHER ADDITIONAL CHARGES THAT ARISE OUT OF THIS AGREEMENT, AND AUTHORIZE BILLING FOR THESE CHARGES AT THE RATES INDICATED ON THE ORDER SUMMARY.

Driveways and Parking Areas: Customer warrants that any right of way provided by Customer for Contractor’s equipment is sufficient to bear the weight of all Contractor’s equipment and vehicles reasonably required to perform the services herein contracted. Contractor shall not be responsible for damage to any private driving surface, pavement or accompanying sub-surface of any route reasonably necessary to perform the service herein being contracted and Customer assumes all liabilities for damage to driving surface, pavement or road services and entire container placement site.

Equipment: The equipment furnished hereunder by Contractor shall remain the property of Contractor; however Customer acknowledges that they have care, custody and control of the equipment while at the Customer’s location and accepts responsibility for all loss or damage to the equipment (except normal wear and tear or damage resulting from Contractor’s handling of the equipment) and for its content. Customer agrees not to overload (by weight or volume), move or alter the equipment, and shall use the equipment only for its proper and intended purpose. Customer agrees to indemnify, defend and hold harmless Contractor against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damages to property arising out of Customer’s use, operation or possession of the equipment. Customer agrees to provide unobstructed access to the equipment on the scheduled pick up day. If the equipment is inaccessible so that the schedule pick up cannot be made, Contractor will notify the Customer and afford the Customer an opportunity to provide the required access. Contractor reserves the right to charge an additional fee if a return trip is required. Leaving a site unattended does not excuse liability or charges for contamination or overages.

Additional Charges: Every contracted dumpster rental includes both a disposal allowance (noted on the order confirmation and initial invoice) and a rental period of ten (10) days. After the final removal of a container, or the interim removal of multiple containers at one location, a weight will be recorded when it is taken to a disposal facility and emptied. Weighing the container is done on a scale. The weight of the refuse is determined by subtracting the weight of the container and of the truck from the total weight registered when the truck passes over the scale. At the point the weight of the refuse is reported to Commercial Management Systems, an additional invoice will be generated for any excess weight over the allowed allowance. If the container has not exceeded the initial disposal allowance and the container was not held longer than the 10-day rental period, no additional charges will result. Please refer to the attached order summary for a listing of additional charges you may be liable for.

Cancellation or Changes: If the customer would like to cancel the order, they must do so by calling our customer service department during our Normal Business Hours (Monday – Friday, 8AM – 5PM EST, excluding Holidays) at 855-238-0031. Cancellations attempted after 5:00PM, during weekends and major holidays are not recognized until the next BUSINESS DAY. Cancellations confirmed within (1) business day of the scheduled delivery date will result in a fee of $100.00. Cancellations made after the container has been dispatched will result in additional fees, including, but not limited to: trip cost, fuel fees, tolls and any other costs incurred by Contractor as a result of the disruption.

Collection Costs: In the event Customer fails to pay Contractor all amounts which become due under this Agreement, Customer agrees to pay, in addition to the amount due, any and all costs incurred by Contractor as a result of such failure to pay, including to the extent permitted by law, reasonable attorney fees.

Unacceptable Material

**Containers will not be removed from site if any of these materials are found**

Materials that have Additional Charges if Found in Container

Materials that create Potential Danger by virtue of their Weight

**Recommended size Dumpster for these types of materials would be a 10yd container; If 20yd is the only size available please only fill halfway full**

For any questions please call our toll free number at 855-238-0031