RENTME901.COM Service Agreement

WHEREAS, agrees to provide to Customer a 15 Yard Roll-off Dumpster (the “Dumpster”) and Customer agrees to accept, use and pay for the Dumpster and related services all under the terms and conditions as provided herein.

NOW THEREFORE, In consideration of the premises and the mutual covenants of the parties, more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby acknowledged, it is agreed as follows:

JOB SPECIFICS as listed on Customer’s completion on


1. SERVICES PROVIDED., (“RENTME901”) agrees to provide Customer (“Customer”) with one (1) 15-yard dumpster (the “Dumpster”) for the initial period of time as defined herein. At the end of the initial period of time, RENTME901 will pick-up and remove the Dumpster and deposit the contents at an approved landfill.

2. INITIAL PERIOD OF TIME. The initial period of time shall, upon the Customer’s decision, start on Monday through Saturday of the delivery week and shall end on a following Monday through Friday not to exceed a total of 7 days, (9 days if rental begins on a Saturday) also at Customer’s determination. Should Customer determine to keep the Dumpster for an extended period, then Customer shall return to the website and pay for an additional time period running from Monday through Saturday, but once again not to exceed 7 days for every week thereafter.

3. CUSTOMER OBLIGATIONS. Customer shall direct upon ordering the Dumpster where the Dumpster shall be delivered on Customer’s property including the approximate location on the property. Customer is responsible that such location on Customer’s property is an appropriate location for the Dumpster. Customer may deposit into the Dumpster all Allowed Materials (defined below) up to i) four (4) tons in weight and ii) not exceeding the dimensions of the Dumpster including rising above the side walls of the Dumpster.

4. ALLOWED MATERIALS. Customer may deposit any household and similar materials into the Dumpster (the “Waste”) except items stated on the website but specifically excluding any waste that is or contains any infectious waste, radioactive, volatile, corrosive, flammable, explosive, biomedical, biohazardous material, regulated medical or hazardous waste or toxic substances as defined pursuant to or listed or regulated under applicable federal, state or local law (“Nonconforming Waste”). Customer represents and warrants that it will comply with all applicable laws in the disposal of Waste. Customer agrees to be responsible and shall pay any and all fees, fines, clean-up costs and other related expenses should there be any Nonconforming Waste placed into the Dumpster.

5. RENTME901 REPRESENTATIONS AND WARRANTIES. RENTME901hereby represents and warrants that: (a) RENTME901will manage the Waste in a safe and workmanlike manner in full compliance with all valid and applicable federal, state and local laws, ordinances, orders, rules and regulations; and (b) it will use disposal facilities that have been issued permits, licenses, certificates or approvals required by valid and applicable laws, ordinances and regulations. Except as provided herein, RENTME901makes no other warranties and hereby disclaims any other warranty, whether implied or statutory

6. CUSTOMER BREACHES AND RENTME901 REMEDIES OF THIS AGREEMENT. Customer shall be in default of this Agreement for any of the following reasons: i) Customer fails to have the right (either through ownership, leasing or other authority) to authorize the Dumpster be located on the property as Customer has requested; ii) Customer prevents RENTME901 from picking up the Dumpster as provided herein; iii) Customer places any Nonconforming Waste in the Dumpster; iv) Customer fails to pay any Additional Fees as required under this Agreement; or v) Customer violates any other provision in this Agreement. Upon RENTME901 declaring Customer in default, RENTME901 shall have the following Remedies: i) to collect any fees owed to it pursuant to this Agreement; ii) to collect any costs incurred by it in determining whether any Nonconforming Waste was placed into the Dumpster; iii) should RENTME901 be denied the ability to pick up its Dumpster as provided under this Agreement, to collect from Customer an amount equal to RENTME901 initial costs of the Dumpster, time and labor to deliver and pick-up the Dumpster, any Additional Fees owed plus all court costs and legal fees incurred to collect the fees due and the Dumpster; iv) any fees, fines or other expenses incurred by RENTME901 due to Nonconforming Waste; and v) any other fees, costs or expenses allowed under the law but not listed herein.

7. ADDITIONAL FEES. Customer shall be liable for the following fees and where applicable pays such fees at prior to the event listed: i) in the event Customer needs the Dumpster moved to another location on Customer’s property, Customer shall pay a $90.00 Moving Fee; ii) should Customer want to extend the Initial Period of Time, Customer shall pay a $75.00 Extension Fee for each additional week which will grant to Customer an Extension for an additional 7 days for the initial period of time; and iii) where Customer has attempted to deposit more than Four (4) tons of material into the Dumpster, the fee of $445.00 for an additional Dumpster to hold such additional material.

8. CANCELATION POLICY. If for any reason the customer cancels their order after payment is made, a refund of the initial price paid, less $100 cancelation fee, will be issued using PayPal.

9. INSPECTION; REJECTION OF WASTE. RENTME901’s agent, through his or her knowledge and experience, shall determine if the contents placed in the Dumpster exceed Four (4) Tons, where upon Customer shall have the option to i) unload enough material to an amount less than or equal to Four (4) Tons or ii) have an additional Dumpster delivered and be charged Additional Fees. In addition, RENTME901 shall have the right to inspect, analyze or test any waste delivered by Customer. If Customer’s Waste is Nonconforming Waste, RENTME901 can, at its option, reject Nonconforming Waste and return it to Customer or require Customer to remove and dispose of the Nonconforming Waste at Customer’s expense. Customer shall indemnify, hold harmless and pay or reimburse RENTME901 for any and all costs, damages and/or fines incurred as a result of or relating to Customer’s tender or delivery of Nonconforming Waste or other failure to comply or conform to this Agreement, including costs of inspection, testing and analysis.

10. LICENSE TO ENTER. Customer grants RENTME901 a license to enter Customer’s property for the purpose of performing Services as defined in this Agreement and to recover RENTME901’s equipment. Customer warrants that Customer’s property is sufficient to bear the weight of RENTME901’s equipment and vehicles and that RENTME901 shall not be responsible for any damage to Customers’ property resulting from Services.

11. EQUIPMENT. All equipment furnished by RENTME901 shall remain the property of RENTME901; however, Customer shall have custody, care, and control of the equipment and shall bear responsibility and liability for all loss or damage to the equipment, and its contents, while at Customer’s property. Customer shall not overload, move, or alter equipment and shall use equipment only for its authorized and intended purpose. At the end of the Initial Period of Time (or its extension as provided herein), RENTME901 shall pick up the equipment. Customer agrees that it shall return equipment to RENTME901 in the condition that it was provided, normal wear and tear excepted.

12. INDEMNIFICATION. RENTME901 agrees to indemnify, defend and hold Customer harmless from and against any and all liability (including reasonable attorney fees) which Customer may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law, to the extent caused by RENTME901’s breach of this Agreement or by any negligent act, negligent omission or willful misconduct of RENTME901 or its employees, which occurs during the collection or transportation of Waste, provided however, that RENTME901’s indemnification obligations will not apply to occurrences involving Nonconforming Waste. Customer agrees to indemnify, defend and hold RENTME901 harmless from and against any and all liability (including reasonable attorney fees) which RENTME901 may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by Customer’s breach of this Agreement or by any negligent act, negligent omission or willful misconduct of the Customer or its employees, agents or contractors in the performance of this Agreement or Customer’s use, operation or possession of any equipment furnished by the RENTME901. Neither party shall be liable to the other for consequential, incidental or punitive damages arising out of the performance of this Agreement.

13. UNCONTROLLABLE CIRCUMSTANCES. Except for the obligation to make payments hereunder, neither party shall be in default for its failure to perform or delay in performance caused by events beyond its reasonable control, including, but not limited to, strikes, riots, imposition of laws or governmental orders, fires, acts of God, and inability to obtain equipment, permit changes and regulations, restrictions (including land use) therein, and the affected party shall be excused from performance during the occurrence of such events.

14. ENTIRE AGREEMENT. This Agreement represents the entire understanding and agreement between the parties relating to the management of waste and supersedes any and all prior agreements, whether written or oral, between the parties regarding the same.

15. TERMINATION; LIQUIDATED DAMAGES. Provided however, that the terms and conditions of this Agreement shall remain in full force and effect with respect to any uncompleted or unfinished Service provided for under this Agreement. RENTME901 may immediately terminate this Agreement in the event of Customer’s breach of any term or provision of this Agreement, including failure to pay on a timely basis.

16. MISCELLANEOUS. (a) This Agreement shall be binding on and shall inure to the benefit of the parties and their respective successors and assigns. (b) The prevailing party will be entitled to recover reasonable fees and court costs, including attorneys’ fees, in interpreting or enforcing this Agreement. In the event Customer fails to pay RENTME901 all amounts due hereunder, RENTME901 will be entitled to collect all reasonable collection costs or expenses, including reasonable attorney fees, court costs or handling fees for returned checks from Customer; (c) The validity, interpretation and performance of this Agreement shall be construed in accordance with the law of the State of Tennessee and shall be adjudicated in the Courts located in Shelby County, Tennessee; (d) If any provision of this Agreement is declared invalid or unenforceable, then such provision shall be deemed severable from and shall not affect the remainder of this Agreement, which shall remain in full force and effect; (e) Customer’s payment obligation for Services and Customer’s obligations, Warranties and Indemnification made hereunder shall survive termination of this Agreement.