ACG DUMPSTER RENTALS LLC DBA ACG RENTAL TRAILER EQUIPMENT TERMS AND CONDITIONS AND AGREEMENTS
PLEASE CAREFULLY READ AND UNDERSTAND THESE ACG DUMPSTER RENTALS LLC DBA ACG RENTAL TRAILER EQUIPMENT TERMS AND CONDITIONS AND AGREEMENTS (THESE "TERMS"). BY CREATING A RESERVATION FOR ACG RENTAL TRAILER EQUIPMENT, CUSTOMER AGREES TO AND ACCEPTS THESE TERMS.

1. Definitions: "Agreement" means all terms and conditions found on this form page and any other documents you sign or that we give you at the time of rental. "Customer," "You," or "your" means the person identified as the renter or additional renter on this form, all Authorized Drivers, and any person or organization to whom charges are billed by us at its or the renters’ direction. All persons referred to as "Customer," "you" or "your" are jointly and severally bound by this Agreement. ACG Dumpster Rentals LLC DBA ACG Rental Trailer referred to as "we," "us," "our," "Company." “Authorized Driver" means you and any additional driver listed by us on this Agreement. "Trailer," "Towable Equipment," or “Equipment” means the non-motorized trailer identified in this Agreement and any trailer we substitute for it, including all of its parts. "Cargo" means the property transported in Equipment. "Loss of Use" means the loss of our right to use the trailer for any reason because of damage to it or loss of it during this rental. Loss of use is calculated by multiplying the number of days from the date of loss or damage to the trailer until it is replaced or repaired times the daily rental rate. “Diminished Value” means the difference between the actual cash value of the trailer just prior to damage or loss less the value of the trailer after its repair. If we elect not to repair the trailer “Diminished Value” means the difference between the actual cash value of the trailer just prior to damage or loss less the salvage or sale value of the trailer. "Tow Vehicle" means any land motor vehicle designed for use principally upon public roads used to tow Towable Equipment. "Vehicle-in-Tow" means that land motor vehicle designed for use principally upon public roads which is attached to covered Towable Equipment and the Tow Vehicle.
2. Rental, Indemnity and Warranties: This is a contract for rental of the trailer. We may repossess the trailer at your expense without notice to you, if the trailer is abandoned or used in violation of law or this agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the trailer. We make no warranties, express, implied or apparent, regarding the trailer, no warranty of merchantability and no warranty that the trailer is fit for a particular purpose.
3. Reservation Creation: Customer must be 18 years of age or older and provide adequate identification and payment information to complete the reservation process. Reservations made for minors and/or reservations made with invalid payment or personal information are subject to immediate cancellation. When Customer provides credit card information at reservation, Customer's credit card will be charged at that time. However, Customer acknowledges and agrees that the provided credit card may be charged for any and all future charges, fees, or taxes, including payment for the ultimate rental, overages, damages, and late fees. The prices indicated on acgrentaltrailer.com or at a local ACG Rental Trailer rental locations are subject to availability and additional selections made by Customer. Rates, including any special offers or discounts, are subject to change if Customer cancels or changes their reservation. Rates/prices quoted do include tax. Customer is responsible for paying all applicable taxes and other fees required by local, state, provincial, or national law. Company reserves the right, in its sole discretion, to schedule an alternate pick-up location and/or substitute reserved Equipment based on the most convenient location with available Equipment. Customer agrees that Company reserves the right to substitute reserved Equipment for other Equipment of equal or greater value at no additional charge to Customer. The number of hours Customer may reserve for a rental is based on Equipment availability.
4. Reservation Modification or Cancellation: Customer may edit their reservation details at any time via by contacting their local ACG Rental Trailer representative. If Customer does not pick up rented Equipment within 1 hour of their scheduled rental time, Company reserves the right to cancel the reservation, collecting all charges and fees associated with the rental reservation.
5. Reservation Guarantee: Should the Company, through no fault of Customer, fail to meet the agreed upon rental time, place, and Equipment size, the Company shall pay to Customer a $1.00 Reservation Guarantee fee and still attempt to fill the reservation request.
6. Condition and Return of Trailer: You must return the trailer to the place and on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the trailer is returned after closing hours, you remain responsible for the safety of, and any damage to, the trailer until we inspect it upon our next opening for business. Service to the trailer or replacement of parts or accessories during the rental must have our prior approval.
7. Responsibility for Damage or Loss; Reporting to Police: You are responsible for all damage to, or loss or theft of, the trailer, including damage caused by weather, road conditions and acts of nature, whether or not you are at fault. You are responsible for the cost of repair or the actual retail cash value of the trailer if it is not repairable or if we elect not to repair it. You are also responsible for Loss of Use, Diminished Value, missing equipment, and a reasonable charge to cover our administrative expenses connected with any damage claim, you must report all accidents involving the trailer to us and the police within 24 hours of occurrence.
8. Responsibility for Damage or Loss; Equipment Included: I acknowledge receiving all items above and know that I am responsible for returning all items in good working condition or else I will be expected to pay for that item. I have carefully inspected the trailer, tires, hitch and find them all in satisfactory condition. I understand that I am responsible for any and all damages up to and including theft.
9. Prohibited Uses: The following uses of trailer are prohibited: ( a) transporting dangerous or hazardous item(s) or illegal material; ( b) transporting living persons; ( c) towing the trailer by anyone under the influence of drugs or alcohol; ( d) allowing the trailer to be towed by anyone who is not a renter or an authorized Driver; ( e) any use of the trailer by anyone who obtained the trailer or extended the rental period by giving us false, fraudulent or misleading information; ( f) use of the trailer in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic citation; ( g) use of the trailer outside the United States; ( h) use of the trailer when loaded beyond its capacity, as determined by the manufacturer of the trailer; ( i) towing the trailer through or under any structure without sufficient overhead or side clearance; ( j) use of the trailer when it is reasonable to expect you to know that further operation would damage the trailer; ( k) using the trailer in a manner that causes damage to it due to inadequately secured cargo; ( l) damaging the trailer by your intentional, wanton, willful or reckless conduct; and, ( m ) damaging the trailer by placing signs, lettering or painting on the trailer.
10. Use Of Equipment: Customer represents and warrants their rental of Equipment is for the sole purpose of Do-It-Yourself moving. Customer agrees rental of Equipment with the intent to use Equipment for a purpose other than Do-It-Yourself moving (or in a manner prohibited by these Terms) may be construed as fraudulent, constitute a Material Breach of these Terms, and void any coverage provided or purchased. Customer and any Authorized Driver shall: Require passengers to ride only in the cab of the Tow Vehicle towing any Towable Equipment; Inspect Equipment periodically; Be fully and solely responsible for complying with any NHTSA vehicle recall covering a personal Tow Vehicle or Vehicle-in-Tow. Vehicle recalls can be found at safercar.gov; and immediately report damaged, lost, or stolen Equipment to the Company and, if directed, to law enforcement, and fully cooperate with efforts to recover Equipment. Customer and any Authorized Driver shall not: Operate Equipment in the commission of a felony or in an intentional, criminal, willful, wanton, or reckless manner; Operate Equipment under the influence of alcohol, drugs, intoxicants, or any other substance that can impair driving ability; Operate Equipment when any defect in the operation or safety of Equipment has been noticed; Store or transport any firearms; explosive, flammable, alcoholic, toxic, hazardous, volatile, poisonous, venomous, dangerous, or illegal substances, chemicals, items, or waste; improperly sealed or leaking containers containing any liquid or other slippery substance; or animals or human beings, corpses, or body parts, regardless of how they are stored or transported; Use Equipment as a residential dwelling (as defined by law in the applicable jurisdiction) or for residential purposes, including sleeping in Equipment, using Equipment as living or napping quarters, congregating with others in Equipment, or any other similar conduct consistent with using Equipment for residential purposes; Take Equipment into Mexico or Canda, including temporary border crossings; Whether individually or on behalf of another, use, facilitate, or support the use of Equipment or the ACG Rental Trailer® trademark, or the likeness of the same, in any television program, movie, web site, social media, or other medium without the prior written consent of a Company Officer; Whether individually or on behalf of another, allow, facilitate, or support the disassembly or dismantling of Equipment or a component thereof; and Change the Tow Vehicle or Vehicle-in-Tow listed on the ACG Rental Trailer Rental Contract without the prior written approval of Company or its agent. Customer understands and agrees Equipment rented is water resistant and not waterproof. For Towable Equipment rentals, Customer acknowledges that Company utilizes a proprietary system for the determination of an approved towing combination hook-up. Customer acknowledges this hook-up may be inconsistent with the towing recommendations in their Tow Vehicle Owner's Manual. Customer acknowledges their responsibility to provide true and correct vehicle and hitch system information at the time of their reservation and rental.
11. Payment; Financial Responsibility: Customer agrees they are fully responsible for paying all charges, fees, duties, taxes, assessments, and other amounts arising out of the reservation and rental when due, including additional taxes and fees that may not be included in the quoted rate, regardless of whether Customer, an Authorized Driver, or another individual picks up Equipment. Customer expressly authorizes the Company or its agent to apply any and all charges on the credit card used to create the reservation or to pay for the rental. Customer may update their method of payment at any time during the reservation process, dispatch process, or rental period. Customer is solely responsible for updating their method of payment, including any credit card information, by editing their information by contacting their local ACG Rental Trailer representative. Customer is responsible for paying all estimated rental charges at the time of rental. Depending on the ACG Rental Trailer rental location, Customer may pay via credit card or debit card, cash, or a combination of both. ACG Rental Trailer does not accept checks as a form of payment. LATE PAYMENT FEE. Failure to pay additional charges within 7 calendar days from completion of the rental is subject to a $30 Late Payment Fee for additional charges up to $500 or 6% of the additional charges if more than $500 is owed. Customer understands and agrees that failure to pay all amounts owed may result in Company or its agent reporting Customer to one or more credit reporting and/or collection agencies. Furthermore, Company reserves the right to initiate collections proceedings for any unpaid balance and to add any and all collections fees, including court costs, attorneys' fees, late fees, and other costs associated with obtaining a judgment with respect to the amount owed.
12. Charges: You agree to pay us on demand for all charges due to us under this Agreement, including, but not limited to: (a) time, and mileage (if applicable), for the period you keep the trailer; (b) applicable taxes; (c) all traffic, toll or parking violations, fines, penalties, citations, forfeitures, court costs, towing and storage charges and other expenses involving the trailer assessed against us or the trailer; if you fail to pay a traffic or toll charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of $100 for each such charge; (d) all costs we incur recovering the trailer if you fail to return it as agreed above; (e) all costs, including pre- and post-judgment attorney fees we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (g) $100 or the maximum amount permitted by law, whichever is greater, if you pay us with a chargeback or unpaid balance for any reason; and (h) a reasonable fee not to exceed $500 to clean the trailer, if returned substantially less clean than when rented. We will not refund any of the time or mileage charges if you return the trailer earlier than the date or time due in.
13. Deposit: We may use your deposit to pay any monies owed to us under this Agreement, including our estimate of damages to the trailer.
14. Dispatch of Equipment: A. Authorized Drivers - An Authorized Driver is anyone who (1) is at least 18 years of age, (2) possesses a government issued Driver's License, Driver's Privilege Card, or other government issued driver's card, and (3) is listed on the ACG Rental Trailer Rental Contract as authorized by Company to operate Equipment. Customer acknowledges and agrees that only Authorized Drivers may operate Equipment. Customer and any Authorized Driver acknowledge and agree they are solely responsible for reading, understanding, and complying with the ACG Rental Trailer Rental Contract and applicable Equipment terms and conditions received at the time of dispatch. Customer and any Authorized Driver should keep a copy of the ACG Rental Trailer rental Contract and applicable Equipment terms and conditions with them at all times during the rental period. B. Coverages - Customer acknowledges that their personal automobile insurance policy may not cover Equipment and agrees to confer with their insurance carrier prior to picking up Equipment. Even if Customer's personal automobile insurance covers rental of Equipment, Customer agrees to reimburse Company for the full damage amount upon return of Equipment.
15. ACG Rental Trailer User Instructions: Customer acknowledges and agrees they are responsible for fully reading, understanding, and complying with applicable ACG Rental Trailer User Instructions and/or videos provided by Company before and while operating Equipment, including instructions on attaching Towable Equipment to their Tow Vehicle. Customer acknowledges and agrees to provide to and ensure all Authorized Drivers fully read, understand, and comply with applicable ACG Rental Trailer User Instructions and videos before and while operating Equipment. Customer agrees to assume full responsibility for properly attaching Towable Equipment to their Tow Vehicle.
16. Equipment Return; Disposal of Cargo: Customer is solely responsible for ensuring the return of Equipment at the time, to the place, in the condition agreed to, stated and agreed to on the ACG Rental Trailer Rental Contract. The failure to timely return Equipment as agreed, without extending the rental, shall constitute theft, conversion, or another crime, subject to applicable law. AFTER-HOURS RETURN. Customer understands and agrees Equipment returned after business hours will result in a $20 convenience fee being charged. Customer understands and agrees that any operation of Equipment outside of the time agreed and stated is without Company's consent and additional charges will be assessed (if applicable, including Damage Waiver fees). Customer agrees they are responsible for any loss or damage to Equipment, including loss or damage caused by any Authorized Driver, and any remaining portion of their estimated charges will be applied toward the loss or damage if Damage Waiver is not purchased. Customer's failure to return Equipment as agreed will result in Company incurring damages. Customer expressly authorizes Company or its agent to apply any and all additional charges, including for lost rental revenue and loss or damage, on the credit card used to reserve Equipment or pay for the rental. Customer understands and agrees that failure to pay for loss, damage, or additional charges may result in Company or its agent reporting Customer to one or more credit reporting and/or collection agencies. In the event Company or its agent is required to recover Equipment, Company or its agent will provide Customer notice of the recovery at the contact information provided at the time of reservation or rental. Notice shall be provided by text, e-mail, and/or phone to all contact information provided. Upon Company's or its agent's service of notice, Customer shall contact Company or its agent within 72 hours to make arrangements for removal of Cargo, if any. If Customer does not contact Company or its agent within that time, Customer understands and agrees Company or its agent will dispose of all Cargo in a means and manner at Company's or its agent's sole discretion and cost. Customer and any authorized driver understand and agree that company is not a bailee of Cargo and that company does not accept control, custody, or responsibility for the care of Cargo.
17. Modifications: No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are merged into this Agreement.
18. Waiver: A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a trailer. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
19. Arbitration: customer acknowledges and agrees that these terms include the arbitration agreement, available at acgdumpsterrentals.com/arbitration and incorporated herein by reference, that governs any disputes between customer and company. This arbitration agreement will: eliminate customer's right to a jury trial; and substantially affect customer's rights, including preventing customer from bringing, joining, or participating in class action or consolidated proceedings.
20. Material Representations; Material Breach: Customer agrees that all the information provided to Company for the purposes of reserving and renting Equipment is true and correct. Any such misrepresentation is a Material Breach of these Terms and may subject reservation or rental to immediate cancellation and may void any coverage provided or purchased.
21. Severability: If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.