Terms of Service

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Service Agreement Preface

Garibay Siteworks LLC, doing business as Garibay Waste Services (GWS), shall provide the following services based on customer selection: regular trash pickup and/or dumpster rental. This document includes both the Garibay Waste Services Trash Service Agreement and the Garibay Dumpster Rental Lease Agreement. Together, they outline the terms and conditions under which Garibay Waste Services provides waste management services to its customers.

Based on the specific services requested, one or both of these agreements may apply. Customers engaging in regular trash service will be bound by the terms in the Garibay Waste Services Trash Service Agreement, while customers renting a dumpster are subject to the Garibay Dumpster Rental Lease Agreement. Please review each section carefully, as your obligations and responsibilities may vary depending on the service(s) selected.

Additionally, the Referral Agreement is part of this document by reference and applies to any participation in Garibay Waste Services's affiliate program. By signing below, you agree to the terms and conditions of the Referral Agreement as well. For full details, please refer to the Affiliate Agreement document.

Prices for services under either agreement are subject to change with a 30-day notice. By signing this document, the Customer acknowledges that they have read, understood, and agreed to the terms outlined in the applicable agreement(s).

Garibay Waste Services Trash Service Agreement

SERVICE PROVIDED

Garibay Waste Services offers trash pickup for the following containers: 96-gallon tote can, 2-yard, 3-yard, 4-yard, 6-yard, and 8-yard containers.

Trash pickup is weekly, with options for 2 or 3 pickups per week at an added cost (see Section 2).

TRASH SERVICE RATES AND PAYMENT TERMS

Weekly pickup rates for each container size and frequency (1x, 2x, or 3x per week) are as follows:

  • 96-Gallon Residential Container: $31 for local and $38 for rural weekly trash pickup for 1 tote. Add $5/mo for each extra tote.
  • 2-Yard Container: $90 for weekly pickup.
  • 3-Yard Container: $140 for weekly pickup.
  • 4-Yard Container: $165 for weekly pickup.
  • 6-Yard Container: $270 for weekly pickup.
  • 8-Yard Container: $360 for weekly pickup.

Customers may prepay yearly for a discounted rate. Payments are prepaid quarterly. Failure to prepay by the deadline will result in discontinuation of service until payment is received.

FUEL SURCHARGE

Garibay Waste Services may apply a fuel surcharge under the following circumstances:

  1. Fuel Price Fluctuations: If fuel prices increase significantly beyond typical levels, Garibay Waste Services reserves the right to add a fuel surcharge to offset the additional cost of fuel required for waste collection.
  2. Extended Service Areas: For customers located in remote or hard-to-access areas, an additional fuel surcharge may be applied to account for the increased fuel needed to reach these locations.

The surcharge will be calculated based on the current fuel price trends and will be clearly indicated on the invoice when applicable.

SERVICE AND PICKUP REQUIREMENTS

Place all residential trash containers at the curb the night before the scheduled pickup day. Trash must be ready and accessible by 5 a.m. on pickup days.

2 extra bags of occasional extra trash are allowed but must be bagged or bundled and set beside the main container. Additional bags are $2.00 each.

Garibay Waste Services and its workers are not responsible for cleaning up trash that has been scattered due to wind or animals. Please secure your trash to prevent such issues.

If a customer requests an extra trash pickup outside of their normal schedule, an additional fee of $10.00 per extra pickup will apply. Customers must contact GWS in advance to schedule any extra pickups.

Containers from other companies or with another provider's logo will not be serviced.

Hazardous materials are strictly prohibited, including flammable liquids, hot ashes, chemicals, batteries, ammunition, tires, liquid paint, electronics, medical waste, and items with Freon.

LARGE/BULKY WASTE PICKUP

For large items, like furniture or carpet, you must schedule a separate pickup. Use our service request form to describe the item and, if possible, upload a photo so we can give you a clear quote.

CONTAINER MAINTENANCE AND EQUIPMENT CARE

Containers provided by Garibay Waste Services belong to the Company. Customers are responsible for keeping them in good shape. A replacement fee of $450 may apply if a container is damaged, except for normal wear or warranty issues.

Customers must not load containers above capacity limits. Overfilled containers may result in additional handling fees.

TRASH TOTE POLICY

Garibay Waste Services provides each customer with a trash tote for use during active service. These totes are provided at no cost to the customer and remain the property of GWS.

Customers are responsible for reasonable care of the tote while it is in their possession. If a tote is lost, stolen, or damaged in a way that renders it unusable, as determined solely by GWS, a $75 replacement fee will be charged to the customer. Normal wear and tear is expected and will not result in a fee.

Totes must be returned to GWS in good condition at the end of service. Failure to return the tote may result in the $75 replacement fee being applied.

ACCESS, PAVEMENT AND LIABILITY

Customers must ensure clear and safe access to containers on pickup days. If access is blocked, additional fees may apply, and service may be rescheduled.

Customer warrants that their pavement or driveway can bear the weight of Garibay Waste Services equipment and trucks. The Company is not liable for damage to pavement, curbing, driveways, or any surface traversed by equipment during service.

REFUND AND CANCELLATION POLICY

PREPAID SERVICE POLICY:

Garibay Waste Services operates on a 90-day prepaid billing cycle. If service is canceled before the end of the 90-day prepaid cycle, the customer may be eligible for a refund of all full months of unused service remaining in the prepaid period as detailed herein. Refunds are calculated from the date the cancellation request is received, not the last service date.

CANCELLATION NOTICE:

Customers may cancel service at any time by contacting our office. Service will continue until the end of the current billing period unless otherwise specified. All outstanding balances must be paid in full prior to final account closure.

REFUND ELIGIBILITY:

Refunds may be considered under the following circumstances:

* Garibay Waste Services is unable to provide service due to operational issues in the customer’s area.

* Service never began due to scheduling or routing constraints.

* The customer moves outside of our service area, with proof of new address and at least 30 days' notice.

If service is canceled before the end of the 90-day prepaid cycle, the customer may be eligible for a refund of any full, unused months remaining in the prepaid period. Refunds are calculated from the date of the cancellation request, not the last service date.

Important: Only whole unused months are eligible for a refund. Any partial month is considered used and non-refundable. For example, if cancellation occurs after 32 days of service, the first and second months are considered used, and only the third month would be eligible for a refund (if all other conditions are met).

TO QUALIFY FOR A REFUND:

* The customer must provide at least 10 days’ notice prior to the next billing date.

* The account must be in good standing, with no unpaid balances.

* If the account is less than 6 months old, a $25 trash can retrieval fee will be deducted from the refund if Garibay Waste Services retrieves the container. Customers may return the container themselves to avoid this fee.

NON-REFUNDABLE SITUATIONS:

* If less than one full month remains in the current prepaid cycle.

* If notice is not provided at least 10 days before the next billing date.

* If the cancellation is due to a violation of our Terms of Service.

Garibay Waste Services reserves the right to deny or adjust refunds based on individual account history and usage.

Garibay Dumpster Rental Lease Agreement

Garibay Waste Services shall provide Lessee with dumpster equipment rental service as specified herein for disposal of Lessee’s non-hazardous solid waste.

RENTAL RATES

Service shall be provided on the day requested when using our online ordering software. Lessee agrees to remit payment per the payment schedule described below:

12 Yard Container - $200.00, 1-4 days, 1 ton included. Rent time extension @ $5/day. Additional tonnage prorated @ $70/ton. Mileage fees may apply based on delivery location.

20 Yard Container - $225.00, 1-4 days, 1 ton included. Rent time extension @ $5/day. Additional tonnage prorated @ $70/ton. Mileage fees may apply based on delivery location.

20 Yard Concrete-Only Container - $225.00, 1-4 days, 10 ton clean concrete-only included. Rent time extension @ $5/day. Additional tonnage prorated @ $70/ton if trash debris mixed with the concrete. Mileage fees may apply based on delivery location.

20 Yard Container Contractor - $355.00, 1-30 days, 5 ton C&D debris, or 1 ton trash material included. Rent time extension @ $5/day. Additional tonnage prorated @ $70/ton. Mileage fees may apply based on delivery location.

30 Yard Container - $250.00, 1-4 days, 1 ton included. Rent time extension @ $5/day. Additional tonnage prorated @ $70/ton. Mileage fees may apply based on delivery location.

30 YD Container Contractor - $380.00, 1-30 days, 5 ton C&D debris, or 1 ton trash material included. Rent time extension @ $5/day. Additional tonnage prorated @ $70/ton. Mileage fees may apply based on delivery location.

40 YD Container - $275.00, 1-4 days, 1 ton included. Rent time extension @ $5/day. Additional tonnage prorated @ $70/ton. Mileage fees may apply based on delivery location.

40 YD Container Contractor - $405.00, 1-30 days, 5 ton C&D debris, or 1 ton trash material included. Rent time extension @ $5/day. Additional tonnage prorated @ $70/ton. Mileage fees may apply based on delivery location.

96-gallon trash tote - $9.75, 1-4 days. Rent time extension @ $1.50/day. Totes shall be empty upon return. Mileage fees may apply based on delivery location. Damage fees apply as described in Trash Tote Policy herein.

Lessee agrees that the dumpster is being leased for Lessee’s own use and is not to be loaned, sub-let, mortgaged or in any other manner disposed of by the Lessee.

In no event shall Lessee load the dumpster with more than 10 tons (20,000 lbs.) of material debris. Any weight above the max tonnage of 10 tons shall result in refusal of service and off-loading of debris from dumpster.

Lessee agrees that additional lease days and/or additional tonnage shall be charged to the Lessee immediately using the credit card or like payment method on file.

PLACING DUMPSTER

Lessee understands that dumpsters are extremely heavy, especially when loaded. Lessee warrants that the dumpster placement location is of sufficient construction as to bear the weight of this equipment.

Lessee agrees to provide Garibay Waste Services with unobstructed access to the dumpster during the rental term. Lessee agrees to provide Garibay Waste Services use of private driveway or other parking area for use in delivery/setting of dumpsters, or picking up waste materials.

Lessee assumes all liabilities for damage that may occur to pavement or roads, sidewalks, lawns, fences, shrubbery, trees, septic systems, culverts, or wells in the general course of delivery and service operations by Garibay Waste Services. Lessee agrees to defend, indemnify, and hold Garibay Waste Services harmless against any damage caused by trucks or equipment to the pavement, curbs, driveways, or any driving surface or service areas.

Lessee agrees that if Lessee’s dumpster placement location is obstructed and the dumpster cannot be placed at Lessee’s premise or job location, or picked up from Lessee’s location, then a $75 Dry Run Fee shall be charged to the Lessee.

Lessee agrees that if Lessee requires the dumpster to be relocated at Lessee’s property or job site after the initial placement of the dumpster at that site, then a $50 Move Fee shall be charged to the Lessee.

Lessee agrees that no refunds shall be made available to the Lessee once the dumpster has been delivered to the Lessee’s location. Lessee agrees to a $150.00 Cancellation Fee in the event that Lessee cancels the dumpster rental at a time when the dumpster is already in route to Lessee’s location.

Lessee agrees that Dry Run Fees, Move Fees and/or Cancellation Fees shall be charged to the Lessee immediately using the credit card or like payment method on file.

Lessee is responsible for obtaining any government permit necessary for the placement of the dumpster at the Lessee location.

Lessee agrees that once the dumpster is set at Lessee’s location by Garibay Waste Services it shall not be moved during the lease term. Lessee agrees not to attempt to move, relocate, adjust or service the dumpster. The dumpster should never be climbed on or in as it may result in severe injuries or death to Lessee user.

Garibay Waste Services is not responsible for any injury or death that is associated with the dumpster use during the time the dumpster is in Lessee’s possession at Lessee’s property or job location.

FILLING TRASH CONTAINERS AND DUMPSTERS

Lessee agrees that banned waste materials shall not be placed in the rented trash containers and dumpsters. Banned materials include:

  • Tires
  • Drums with liquid contents
  • Paints, paint cans, turpentine, caulking tubes
  • Petroleum, oil waste, gasoline, kerosene
  • Radioactive, infectious or biological waste
  • Acid, toxic chemicals
  • Mud trap waste, sewage sludge, raw sewage
  • Processed wood with oil
  • Bagged/bulk leaves or grass clippings
  • Friable asbestos, hazardous waste, caustic materials
  • Motor vehicles, vehicle parts
  • Agriculture/farm equipment
  • Electrical equipment containing hazardous materials
  • Dead animals

A fee of $15.00 will be added for each freon-containing appliance. A fee of $16.00 will be added for each medium tire, $25.00 for each large tire, and $35.00 for each large tractor tire. In no event shall Lessee load the dumpster with banned debris. Lessee agrees that unacceptable waste found in the dumpster shall result in a Manipulation Fee in an amount up to $150 whenever Garibay Waste Services must manipulate or remove prohibited waste from the dumpster.

In no event shall Lessee load the dumpster above the “Maximum Loading Level” as marked on the dumpster. Lessee agrees that a dumpster loaded over the maximum loading level shall result in a Manipulation Fee in an amount up to $150 whenever Garibay Waste Services must manipulate or remove overfilled debris from the dumpster.

Lessee agrees that Manipulation Fees shall be charged to the Lessee immediately using the credit card or like payment method on file.

DUMPSTER DAMAGES

Lessee agrees to operate the dumpster in the manner described herein. Lessee agrees that no burning of waste shall occur inside the dumpster. In the event that the dumpster contents catch fire at the Lessee’s premises, Garibay Waste Services is not liable for any damages to the Lessee’s premises.

Lessee assumes liability for any damage to the dumpster equipment that exceeds normal usage or normal wear and tear. Lessee agrees to pay the greater cost of either a) the cost of repair up to $5,000, or b) full replacement value of any damaged dumpster by reason of fire, theft or any other cause. Lessee agrees that damages shall be charged to the Lessee immediately using the credit card or like payment method on file.

Lessee agrees that if Lessee does not allow the return of the leased dumpster to Garibay Waste Services, Garibay Waste Services has the right to enter Lessee’s property or job location without notice to take possession of and remove the dumpster at Lessee’s expense. Lessee agrees to waive all claims for damage against Garibay Waste Services for such entry and dumpster removal.

TRASH SERVICES AND DUMPSTER RENTAL HOLD HARMLESS

Lessee agrees to indemnify and hold Garibay Waste Services harmless from any and all claims, actions, suits, proceedings, costs, expenses, fees, damages and liabilities, including, but not limited to, reasonable attorney’s fees and costs, arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the leased equipment. This includes, but is not limited to, the manufacture, selection, delivery, possession, use, operation, or return of the equipment. Lessee hereby releases and holds harmless Garibay Waste Services from injuries or damages incurred as a result of the use of the leased equipment. Garibay Waste Services cannot, under any circumstances, be held liable for injuries as a result of inappropriate use, God, nature, or other conditions beyond its control or knowledge. Lessee also agrees to indemnify and hold harmless Garibay Waste Services from any loss, damage, theft or destruction of the equipment during the term of the lease and any extensions thereof.

TRASH SERVICES AND DUMPSTER RENTAL DISCLAIMER OF WARRANTIES

Garibay Waste Services makes no warranty of any kind, either express or implied, as to the condition of or performance of any leased equipment and Lessee agrees to immediately cease use of the equipment and contact Garibay Waste Services if any of the lease equipment develops any indication of defect or improper working conditions. Lessee agrees to use the equipment at Lessee’s own risk.

TRASH SERVICES AND DUMPSTER RENTAL BREACH/INDEMNITY/ARBITRATION

In the event that Lessee breaches any of the terms of this lease, that Lessee will pay for all consequential damages and further indemnify Garibay Waste Services for all costs incurred by Garibay Waste Services enforcement of the terms of the lease or in defending any claim or lawsuit arising out of the operation of said equipment, including the amount of any judgment, attorney’s fees and costs. If Garibay Waste Services determines, within its own discretion, that Lessee has failed, in any way, to observe or comply with the conditions of this lease, Garibay Waste Services may exercise any of the following remedies: termination of this agreement; reenter property and retake the equipment; declare any outstanding rent and charges immediately due and payable and initiate whatever legal proceedings necessary to recover said equipment or monies; and/or pursue any additional remedies available by law. If a conflict arises, Garibay Waste Services and Lessee shall abide by the Kansas state laws and forgo filing a lawsuit to solve the dispute.

BY SIGNING MY NAME ON THIS CONTRACT I, BEING THE LESSEE, CONTACT PERSON, LESSEE REPRESENTATIVE, OR OTHER INDIVIDUAL ASSUMING THE ROLE OF LESSEE, ACKNOWLEDGE THAT I HAVE COMPLETELY READ AND UNDERSTAND THIS CONTRACT AND ANY AND ALL ACCOMPANYING ADDENDUM(S). I HAVE BEEN FULLY INSTRUCTED BY GARIBAY WASTE SERVICES PERSONNEL AS A TRAINED OPERATOR FOR THE AFOREMENTIONED EQUIPMENT AND HAVE HAD ALL OF MY QUESTIONS ANSWERED TO MY SATISFACTION. I UNDERSTAND THAT I AM SOLELY RESPONSIBLE FOR ADHERING TO THE TERMS SET FORTH BY THIS RENTAL CONTRACT AGREEMENT AND ANY AND ALL ACCOMPANYING ADDENDUM(S) AS WELL AS THE AFFILIATE AGREEMENT.