TERMS & CONDITIONS

D.E.M.M. DUMPSTERS LLC Terms & Conditions

Last Modified: 6/26/2026

1.  Applicability. 

(i) These RESIDENTIAL DUMPSTER RENTAL TERMS AND CONDITIONS ("Terms") are the only terms that govern the offer and provision of goods and services by D.E.M.M Dumpster’s LLC, a Virginia limited liability company with its principal business address at 141 Thrasher Road, Chesapeake, VA 23320 (“Provider”) and the client renting a residential dumping bin or dumpster from Provider ("Customer").

(ii) Provider utilizes an online reservation system for residential rentals for dumping bins and dumpsters (each referred to as, “Dumpster”), which is accessible at https://www.demmdumpsters.com (the "Site") and requires the Customer to (a) enter their address (the “Service Address”), (b) identify the type of waste to be disposed, (c) identify a desired drop-off location at the Service Address on an embedded map (the "Preferred Drop Off Location"), (d) select a Dumpster for a fixed duration rental at specified rates, (e) schedule delivery (the "Delivery Date"), and (f) add notes and attachments (collectively, the “Order”). Customer must (x) acknowledge that they have read and agreed to these Terms, (y) authorize payment at the agreed upon rate, and (z) provide an electronic signature to complete the Order (the “Approval”). Customer acknowledges and agrees that Provider provided Customer with a copy of these Terms prior to requiring acknowledgment.   

(iii) Upon Approval, the Order and these Terms (collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. 

(iv)  These Terms prevail over any of Customer's general terms and conditions regardless of how Customer submitted its request or proposal for the services provided in the Order. Provision of services to Customer does not constitute acceptance of any of Customer's terms and conditions and does not serve to modify or amend these Terms.

2. Services.

Provider will rent, place, and pick up the residential Dumpster selected by Customer in the Order (collectively, the "Services") at the Service Address, subject to and in accordance with these Terms. 

3. Performance Dates.

Provider will use reasonable efforts to deliver the Dumpster on the Delivery Date; however, any such dates will be estimates only. Provider is not responsible for delays caused by (i) Customer, (ii) an act of God, (iii) an unexpected shortage of labor or parts or (iv) other causes beyond the control of Provider (“Unavoidable Delays”). 

4. Placement.

Provider will utilize its reasonable efforts to place the Dumpster in reasonably close proximity to the Preferred Drop Off Location, provided that it can do so legally and safely. 

5. Fees. 

The total fees to be paid by Customer for the Services depends in part on the options selected by Customer during the Order process and in part based upon Customer's utilization of the Dumpster. First, Customer will pay a portion certain fee when the Order is placed (the “Initial Fees”). Second, Customer will pay additional fees after the Dumpster is retrieved and its contents are disposed of (the “Fees Due After Pickup”). Together, the Initial Fees and Fees Due After Pickup will be referred to as the “Total Fees”. The fees are as follows: 

(i) Initial Fees. The Initial Fees include:



i.  Base Rental Fee:

Customer will pay the “Base Rental Fee” set forth in the initial Order. The Base Rental Fee includes delivery, the Customer selected rental duration (the “Rental Period”), and pickup of the Dumpster with content of the character identified in the Order and weighing up to the included tons identified at the time of Order.

ii. Weekend Delivery Fee.

If Customer elects at the time of the Order, it may pay a “Weekend Delivery Fee” of $50 for the Dumpster to be placed on a Saturday or Sunday. 

iii. Special Items Fee.

Customer will pay a “Special Items Fee” for certain materials deposited into the Dumpster. These fees are based on additional handling requirements and rules imposed by local disposal sites. For example, certain localities charge a special fee for appliances like air conditioners, refrigerators, stoves, and washers, or for electronics like computers, televisions or printers, bulky items like mattresses, or items like tires. If Customer elects at the time of the Order, it may pre-pay for the disposal of certain special waste at a discounted rate as specified on the Site at the time of the Order. 

iv. Cancellation Protection Fee.

If Customer elects at the time of the Order, it may pay a “Cancellation Protection Fee” of $50, which allows a refund of the Initial Fees, except the Cancellation Protection Fee, if Customer desires to cancel this Agreement at any point after its Order up until the Dumpster is dispatched from Provider's facility to the Service Address.   

v. Insurance (Fire and Damage Protection).

If Customer elects at the time of the Order, it may purchase certain insurance coverage from a third-party insurance provider as specified on the Site at the time of the Order. Provider does not offer insurance at any other time. Therefore, if Customer elected not to purchase insurance coverage then it elected to self-insure and assume the risk of damage to its property and liability to Provider and others. 

vi. Driveway Protection Service Fee.

If Customer elects at the time of the Order, it may purchase the “Driveway Protection Service” for roll off dumpsters, which means Provider will place the Dumpster with rolliskates, at the rate specified on the Site at the time of the Order. 

(ii)  Fees Due After Pickup. The Fees Due After Pickup include:

i.  Additional Daily Use Fee.

Provider will pick up the Dumpster on the date scheduled in the Order unless Customer provides at least eight (8) hours advance notice that it desires to rent the Dumpster for additional days. Additional use may be granted or denied in Provider’s discretion. Customers understand that Provider will not be able to grant every request, due to other commitments. However, if Provider grants Customers request for additional days then Customer will pay an “Additional Daily Use Fee” of $20 per day during the extension period (the “Extended Rental Period”). Any Extended Rental Period requires Provider's express written permission. 

ii.  Additional Waste Removal Fee.

Customer will pay an “Additional Waste Removal Fee” if the Dumpster is filled with waste that in the aggregate weighs more than the included tonnage specified on the Site during the Order, at the rate identified on the Site at the time of the Order. The Dumpster cannot be transported above the fill line and there will be a minimum additional charge of $75 if the Dumpster is filled above the indicated overfill line. 

iii. Post-Delivery Special Items Fee.

Customer represents and warrants that it accurately identified the type of waste to be disposed in its Order and that it pre-paid for any Special Item Fees. However, if any such items are disposed of without pre-payment then Customer will pay the then-current rate, up to the greater of two (2) times the pre-paid discounted rate or the actual amount charged to Provider by the locality where the contents of the Dumpster are disposed of as a "Post Delivery Special Items Fee". 

iv. Dry Run or Move Fee.

Customer will pay a “Dry Run” or “Move Fee” equal to $150 if (i) Provider is unable to drop off or pickup the Dumpster due to blockages or any obstruction on the property, or (ii) Customer requests for the Dumpster to be moved after its initial placement. For avoidance of doubt, Customer may not under any circumstance move the Dumpster after its placement except by contacting Provider and paying the Move Fee. Customer will pay any Dumpster Move Fee upon receipt of the Final Invoice. 

v. Third Party Charges.

If Provider incurs any other third-party charge on Customer’s behalf, than Customer will reimburse Provider. 

vi. Insufficient Funds Fee.

Customer will pay Provider an “Insufficient Funds Fee” of $100 per transaction or occurrence if an electronic transfer or other payment from Customer to Provider is declined, reversed, or otherwise not payable to Provider. 

vii. Late Fee.

Customer will pay Provider a “Late Fee” of $100 plus interest at a rate of 1.5% per month on the unpaid balance, or if lower, the maximum rate allowed by law, on any overdue amounts owed by Customer to Provider that are five (5) days past due. 

(iii) Payment Authorization.

Customer will pay all Initial Fees upon Approval by its submission and authorization of the credit card provided with the Order. Customer’s credit card authorization remains in effect until the Fees Due After Pickup have been paid in full. Customer represents and warrants that the credit card information is correct, it is the authorized cardholder, and he/she will promptly notify Provider of any changes to the credit card details or billing information. 

6. Permitted Use.

Customer represents and warrants the Dumpster will be used only to collect “Waste Materials”. The term “Waste Materials” means all non-hazardous solid waste and organic waste not otherwise excluded in these Terms. Waste Material may not exceed the weight of 4 tons and may not extend above the top rim of the Dumpster. 

7. Excluded Use.

Waste Materials excludes, and Customer shall not cause nor permit any of the following to be generated, brought onto, used, stored, or disposed of in or about the Dumpster: 

i.  any rocks, dirt or concrete. 

ii. any hazardous or toxic substance, material, or waste which is or becomes regulated by any local governmental authority, the Commonwealth of Virginia or the United States Government pursuant to applicable environmental laws, rules or regulation (common household hazardous or toxic substances include: aerosol products, air fresheners and disinfectants, asbestos, automotive products, batteries, cleaning products, chemicals and chemical containers, electronics, fluorescent light bulbs or cathode ray tubes, paints and solvents (including empty cans), pesticides and herbicides, medical waste). 

iii. any other radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, or bio-hazardous waste; 

iv. any materials containing information protected by federal, state or local privacy and security laws or regulations 

v.  any other items or material prohibited by federal, state or local laws or regulations, or that could adversely affect the operation or useful life of the Dumpster or the facility(ies) receiving Customer’s Waste Materials.  (collectively, the “Excluded Materials”). 

8. Duty to Notify.

Customer shall notify Provider promptly after receipt of any knowledge with respect to any actual release or discharge (whether past or present) of any Excluded Waste on or about the Dumpster. Customer will be responsible for any responsible costs associated with or arising from the deposit of Excluded Materials into a Dumpster. Costs may include but not be limited to cleanup, monitoring, legal fees, penalties, or any other charges associated with unauthorized material disposal. Materials may be returned to the customer at the customer’s expense.

9. Title to Waste.

Customer maintains title to its Waste Materials until the Dumpster is emptied and its contents are accepted by the disposal facility. For avoidance of doubt, title to and liability for Excluded Materials shall remain with Customer at all times and shall not transfer to Provider. 

10. Customer's Obligations.

Customer will:

(i) confirm drop off and pick up timeline with Provider; 

(ii) cooperate with Provider in all matters relating to the Services and at all times authorize, grant, and ensure that Provider and its workers have the ability to legally and safely enter and exit the delivery site where the Dumpster is to be placed; 

(iii) remove any impediment, obstruction, or debris and ensure suitable ground conditions for delivery, placement and removal of the Dumpster; 

(iv) use its best efforts to be environmentally responsible and ensure that no Excluded Materials are placed in the Dumpster; 

(v) respond promptly to any Provider request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Provider to perform Services; and 

(vi) ensure that the Dumpster is used in a responsible and safe manner and does not create any attractive nuisance. 

11. Customer’s Indemnification of Provider.

Customer will indemnify, hold harmless and defend Provider along with its affiliates, officers, directors, members, partners, employees, and agents (the “Indemnified Parties”) from and against any claim, cause of action, lawsuit, proceeding, or demand (collectively “Claim”) for damage, liability, fine, cost, or expense including reasonable attorney fees (collectively “Damages”) that relates to or arises from:

(i)  Customer’s breach or alleged breach of this Agreement; 

(ii) Customer’s breach of any representation or warranty contained in this Agreement; 

(iii) Customer’s negligence, or 

(iv) Customer’s willful misconduct.

Customer’s obligations will survive termination or expiration of this Agreement. However, Customer’s obligations to the Indemnified Parties exclude any Claim for Damages to the extent, and only to the extent, they are found by a court of competent jurisdiction to have been caused by an Indemnified Party's gross negligence or willful misconduct. 

12. Customer’s Duty of Care.

All Dumpsters are rented to Customer on a temporary basis and shall remain Provider’s property. However, Customer shall have full custody, control, and care of the Dumpster while it is placed on Customer’s property. Customer represents and warrants that it will take all reasonable steps to protect others and their property from harm which may foreseeably arise from the use of a dumpster or bin or the disposal of waste. 

13. Damage to Equipment.

Therefore, Customer is solely liable for all loss or damage to the Dumpster while the Dumpster is in Customer’s possession or otherwise placed on its property. Although Customer is not responsible for normal wear and tear, Customer is responsible for any damages to the Dumpster incurred while the Dumpster is placed on Customer’s property or otherwise caused by Customer’s Waste Materials or improper use of the Dumpster, regardless of the reason, which may require repair or replacement. Likewise, Customer is liable for all loss or damage to the property or to third parties arising from or relating to Customer’s Waste Materials or its use of the Dumpster. Accordingly, Customer will take all reasonable steps to protect others and their property from harm. 

14. Permits and Approvals.

Not all locations need a permit, but some localities and homeowner associations may require permitting or approval for Dumpster placement. It is Customer’s responsibility to check local governing authorities and obtain any necessary permit or approval before scheduling Dumpster placement. Any fees or fines associated with any permit or approval is solely Customer’s responsibility. 

15. Cancellation.

This Section sets forth the rights and obligations of Customer and Provider regarding cancellation of the Dumpster rental and termination of this Agreement, including applicable fees and refund eligibility.

(A)    By Customer:

(i)   Advance Cancellation More Than 24 Hours Notice.

Customer may cancel this Agreement by providing written notice to Provider no later than 8:00 a.m. local time on the calendar day immediately preceding the scheduled Delivery Date. If such notice is timely received, Customer will receive a full refund of all amounts paid, except for any Cancellation Protection Fee. 

(ii)   Late Cancellation Less Than 24 Hours Notice.

If Customer provides cancellation notice after 8:00 a.m. local time on the calendar day immediately preceding the scheduled Delivery Date, but before a driver has been dispatched from Provider's facility in route to the Service Address, Customer will be charged a $150.00 late cancellation fee unless Customer pre-paid the Cancellation Protection Fee. Any remaining balance from the amounts pre-paid by Customer, if applicable, will be refunded. 

(iii) Cancellation After Dispatch.

If Customer requests cancellation after a driver has been dispatched from Provider's facility and is in route to the Service Address, or Customer refuses delivery upon arrival, Customer forfeits the entirety of the Initial Fees paid, and no refund will be issued.

(iv) Cancellation After Placement.

Customer may not terminate this Agreement after the Dumpster has been placed at the delivery location.

(B)    By Provider: 

(i) Provider Termination for Breach.

Provider may terminate this Agreement upon written notice to Customer for non payment of any fee or for any other material breach of this Agreement. If such breach is capable of cure, Customer shall have twenty-four (24) hours from receipt of written notice to cure the breach. Failure to timely cure shall result in immediate termination. 

16. General Provisions.

(i) Complete Agreement. The Agreement constitutes the complete meeting of the minds and sets forth the entire understanding and agreement of the parties as to the subject matter of this Agreement and supersedes all prior discussions and understandings in respect to the subject of this Agreement, whether written or oral. 

(ii) Relationship of the Parties.

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party will have authority to contract for or bind the other party in any manner whatsoever.

(iii) Assignment.

This Agreement may be freely assigned by Provider without notice or approval; however, Customer may not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Provider. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.

(iv) Notice.

Notice to either Party may be provided via USPS certified or priority mail, email, or in-person delivery to the address(es) provided in the Order. A copy of any notice to Provider shall be emailed to Derek@thelawdept.com. 

(v) Construction of Terms.

If any provision of this Agreement is held unenforceable by a court of competent jurisdiction, that provision will be severed and will not affect the validity or enforceability of the remaining provisions. 

(vi) Jurisdiction and Venue.

Any claim, litigation, civil action, or other legal proceeding (“Action”) involving any controversy or claim between Provider and Customer will be brought exclusively in the General District Court or Circuit Court for the City of Chesapeake, Virginia, and each party hereby consents to the personal jurisdiction and venue of such courts and waives any objection to venue or inconvenient forum.   

(vii) Governing Law.

The terms and conditions of this Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia.

(viii) Costs of Collection.

In the event Customer does not timely pay its Initial Fees or Fees Due After Pickup, or otherwise materially breaches the Agreement, then Customer will reimburse Provider for all reasonable attorney fees and costs incurred in enforcing the Agreement, provided that Provider is the prevailing party in such dispute. 

(ix) Authority.

Customer represents and warrants that it is the owner of the property where the Services are to be provided by Provider, or has obtained all necessary permissions and authorizations from the property owner, and has full authority to execute this Agreement without the consent of any other party. 

(x) Waiver of Breach. 

The waiver by a Party of a breach of any provision of this Agreement by the other Party will not operate or be construed as a waiver of any other or subsequent breach by the Party in breach. 

(xi) Severability.

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

(xii) Survival.

Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement. 

(xiii) Amendment and Modification.

This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.