When Taking Possession of a PortaBins Ltd Portable Garbage Bin or Towing a PortaBins Ltd Portable Garbage Bin
Please read the terms and conditions carefully. If you have any questions, please contact PortaBins Ltd at 866-676-7822 or [email protected]
To the Customer:
The terms and conditions are part of this legally binding agreement, including renter’s disclaimer from all liability for injury and damage.
- The term “PortaBins Ltd Portable Garbage Bin” refers to the PortaBins Portable Garbage Bin rented by the Owner to the Renter and all equipment, accessories or component parts installed in or attached to the PortaBins Portable Garbage Bin. It does not include loads or goods carried by the PortaBins Ltd Portable Garbage Bin or personal property placed in the PortaBins Ltd Portable Garbage Bin by the Renter or any other person.
- The term “Owner” means the registered owner of the PortaBins Ltd Portable Garbage Bin identified in this agreement and includes its employees but excludes persons who act as agents managing the rental process.
- The term “Renter” means the party contracting with the Owner to rent the PortaBins Ltd Portable Garbage Bin identified in this agreement.
- The term “rental charge” means the amount detailed on the front of this agreement including but not limited to the rental fee, damage waiver fee, deposit fee, and excess weight fee or any additional fees payable by the Renter to the Owner as a result of any additional day rentals.
- This agreement is made between the Owner and the Renter named herein and the PortaBins Ltd Portable Garbage Bin must not be used by any other person who is not a party to this agreement.
- The following are considered hazardous waste and are not acceptable for disposal in the PortaBins Ltd Portable Garbage Bin; Radioactive Waste, Batteries, Paint, Tires, Mattresses, Medical Waste, Food or Biological Waste, Gas or Propane Cylinders, Asbestos *, Acids, Liquids, etc. *Asbestos: Asbestos is an extremely dangerous substance. Incorrect disposal of asbestos may lead to criminal prosecution. The Renter is liable for any Asbestos found in the PortaBins Ltd Portable Garbage Bin. Any cost of disposal of Asbestos is the liability of the Renter.
- PortaBins Ltd Portable Garbage Bin Bins are engineered for light material. A PortaBins Ltd Portable Garbage Bin may take up to 2 wheelbarrow loads of heavy materials. The following are some examples of some heavy materials, Sand, Soil, Dirt, Rocks and Bricks. PortaBins will not take concrete. Lids MUST be able to close and lock.
- Depending on the product your have selected to rental, all PortaBins Ltd Portable Garbage Bin are 4.0m³ (5yds) in dimension but can contain 2 difference weight limits. A standard PortaBins Ltd Portable Garbage Bin product can contain no more than 500kg/1100lbs of waste, if it exceeds this amount, additional charges will apply. A heavy PortaBins Ltd Portable Garbage Bin (1000kg/2200lbs) can contain no more than 1000kg/2200lbs of waste, if it exceeds this amount, additional charges will apply. The PortaBins Ltd Portable Garbage Bin may be weighed upon return to the PortaBins Ltd Portable Garbage Bin site. Overloading may incur additional charges. If you are unsure, then contact your local PortaBins Ltd representative.
- The Renter must ensure that the PortaBins Ltd Trailer does not exceed the maximum towing capacity of the towing vehicle. Please refer to your Owners’ Manual of your vehicle.
- The Renter must ensure that the tow vehicle is properly fitted with a towing bracket, 2” ball, appropriate wiring for lights and signals, and capacity for safety chains to be fitted.
- The PortaBins Ltd Trailer is the property of PortaBins Ltd and the Renter at no time has right, title or interest in the rental PortaBins Ltd Trailer other than it is rented to the Renter.
- If Renter seeks to have the Portable Garbage Bin/Trailer collected prior to expiry of the agreed rental period, PortaBins Ltd reserves the right not to refund any monies to Renter.
- The Renter agrees to pay PortaBins Ltd the full costs of any repairs or replacement parts of the PortaBins Ltd Trailer should the PortaBins Ltd Trailer be damaged or have parts stolen from it during the period of rental. These repairs/parts shall be undertaken/supplied by an authorised PortaBins Ltd agent and charged accordingly to the Renter.
- The Renter must inspect the PortaBins Ltd Trailer and agrees to the trailer being in good working condition. The Renter agrees that the rental equipment has been received in good working condition, and will be returned in the same condition, ordinary wear and tear accepted.
- The Renter also agrees to pay any solicitors fees and court costs incurred on behalf of PortaBins Ltd in their having to take any legal action to recover either the PortaBins Ltd Trailer, the value of the PortaBins Ltd Trailer or repair costs caused by the Renter not complying with the terms and conditions of this agreement.
- Load Must Be Secured: The Renter agrees that the lids of the PortaBins Ltd Trailer will be closed and secured during transport of the trailer or be able to close at the end of use. Overfilling the Portable Garbage Bin or failing to secure the load can lead to fines by State/Provincial Authority, Police, the Environmental Protection Agency, and other regulatory authorities. Any such fines are the responsibility of the Renter on a solicitor and own client basis.
- The Renter acknowledges that the PortaBins Ltd Portable Garbage Bin/Trailer is clean, in good repair and roadworthy at the time of rental and undertakes to return it in a similar condition. The Renter agrees to pay for the PortaBins Ltd Portable Garbage Bin to be cleaned and restored to its original condition as at the commencement of rental if in the opinion of the Owner the Renter has left the PortaBins Ltd Portable Garbage Bin in a dirty condition or has caused excessive wear, damage or damage through neglect or carelessness or abuse of the PortaBins Ltd Portable Garbage Bin. Pre-existing damage or wear and tear is to be noted in this agreement by the Renter as being present at the commencement of rental to protect the Renter from liability.
- The Renter is strictly liable for the loss of, and all damage to, the PortaBins Ltd Portable Garbage Bin, loads or goods carried by the PortaBins Ltd Portable Garbage Bin, any personal property left in the PortaBins Ltd Portable Garbage Bin, and the property of any person caused using the PortaBins Ltd Portable Garbage Bin. This loss includes not only the material loss of the PortaBins Ltd Portable Garbage Bin but also the loss of earnings ordinarily derived by any rental of the PortaBins Ltd Portable Garbage Bin as determined by the Owner and any administrative and transport costs incurred in the recovery of this loss. In the event of the PortaBins Ltd Portable Garbage Bin being stolen whilst in the possession of the ‘Renter’ then it is at PortaBins Ltd discretion whether to charge the customer for the replacement value of the bin, $7,000 CDN + TAXES.
- The Renter agrees to indemnify the Owner to the maximum extent permitted by law from and against any and all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Owner as a result of the failure of the Renter to perform its obligations under this agreement or loss and damage to any personal property that is covered with the rental of the PortaBins Ltd Portable Garbage Bin under this agreement. This does not include the PortaBins Ltd Portable Garbage Bin, or any other property damaged because of the PortaBins Ltd Portable Garbage Bin colliding with it and does not include loss and damage caused by the negligence or willful default of the Owner.
- The Renter has rights conferred by consumer protection legislation, including guarantees that the PortaBins Ltd Portable Garbage Bin is of merchantable quality, matches any description or sample against which it is rented, and any services provided to the Renter by the Owner using all due care and attention. Save for these statutory rights, the Owner provides no other guarantees or warranties in respect of the PortaBins Ltd Portable Garbage Bin or the rental of the PortaBins Ltd Portable Garbage Bin.
- To the maximum extent permitted by law and these conditions, the Owner accepts no responsibility or liability to the Renter for any loss, damage, costs, expenses, damages (including loss of use or enjoyment but excluding loss or damage caused by the negligence or willful default of the Owner) or any other liabilities resulting from:
a. Any accident, breakdown, or other failure of the PortaBins Ltd Portable Garbage Bin.
b. Loss of or damage to the Renter or any other person’s property, including personal property left in any PortaBins Ltd Portable Garbage Bin.
c. Loss of or damage to any load or goods carried by the PortaBins Ltd Portable Garbage Bin. - Without limiting the foregoing, and to the maximum extent permitted by law, the Owner will not be liable to the Renter for any indirect, special, or consequential damage arising in any way out of any matter covered by this agreement.
- The Renter will only tow the PortaBins Ltd Portable Garbage Bin on roads that constitute the national road system or properly constructed driveways.
- If the Renter wishes to extend the agreed rental period of the PortaBins Ltd Portable Garbage Bin, an additional charge will be paid to the owner, as agreed upon prior to commencement of rental on a per day basis.
- In the event of the PortaBins Ltd Portable Garbage Bin being un-towable or being damaged the Renter shall arrange at his own expense to return it to the Owner or its agent forthwith. The period of rental shall be determined upon return of the PortaBins Ltd Portable Garbage Bin to the Owner.
- The Renter is responsible for any traffic or parking offenses incurred during the period of rental and will pay any camera fines or parking tickets incurred during such rental period.
- TAXES are payable on the rental fees and will be included in all fees charged. The Renter’s copy of this agreement is a tax invoice and should be presented to the agent by the Renter on completion of the rental period for inclusion of all additional costs as required.
- The Renter authorizes the Owner to charge the Renter’s credit or debit card with the rental charge as well as any additional charges, including, but not limited to those fees or charges resulting from extended rental, overloading, loading of forbidden goods, tolls, fines resulting from traffic infringement notices, fines from the Environmental Protection Agency for overloading the PortaBins Ltd Portable Garbage Bin or failing to secure the load or parking offences, transport and recovery costs, legal expenses and recovery of any loss or damage, related to this agreement or the rental of the PortaBins Ltd Portable Garbage Bin.
- The Renter agrees to be liable for all costs incurred by the Owner in the recovery of outstanding amounts. This includes interest at the rate of 2% per month, any debt collection costs and commissions, and any legal expenses (including legal fees and disbursements on a solicitor/ client basis).
- During the continuance of the rental the Renter will not:
a. Sell, offer for sale, assign, encumber, mortgage, pledge, or sub-let the PortaBins Ltd Portable Garbage Bin/Trailer or any interest of the Owner herein or create or allow to be created any security interest over the PortaBins Ltd Portable Garbage Bin.
b. Part with possession of the PortaBins Ltd Portable Garbage Bin/Trailer except to parties named in this agreement.
c. Allow any lien to be created in respect of the PortaBins Ltd Portable Garbage Bin/Trailer for repairs or otherwise. - The Owner may, notwithstanding the specified period of rental and notwithstanding any waiver of some previous default, forthwith terminate this agreement and repossess the equipment without prior notice or written demand in any of the following events:
a. If the Renter shall fail to pay any hiring charges when due.
b. If the Renter shall do or permit any act or thing whereby the Owner’s rights in the PortaBins Ltd Portable Garbage Bin may be prejudiced.
c. If the Renter should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of a Renter being a limited company should an order be made, or a resolution be passed for the winding up of such company.
d. If, in the reasonable opinion of the Owner, the PortaBins Ltd Portable Garbage Bin is at risk of damage, loss or confiscation. - Without prejudice to the rights of the Owner to recover from a Renter any monies due and damages for breach of the agreement the Owner may enter or upon any premises where the PortaBins Ltd Portable Garbage Bin may be located for the purposes of repossessing the PortaBins Ltd Portable Garbage Bin. The Renter indemnifies the Owner in respect of any claims, damages, expenses, or costs arising out of any action taken under this clause.
- Either the Renter or the Owner may terminate the agreement at any time if the other party commits a material breach of the agreement.
- The Renter will tow the PortaBins Ltd Portable Garbage Bin in a skillful and proper manner, in compliance with any applicable traffic laws and regulations, and shall not overload the PortaBins Ltd Portable Garbage Bin. The Renter must complete any Rental Checklist or Equipment Taken Checklist appearing in this agreement and report any faults with the PortaBins Ltd Portable Garbage Bin to the Owner or its agents at the time of rental. The Renter must not use the PortaBins Ltd Portable Garbage Bin if it appears un-roadworthy and certifies that:
a. Renter has read and understood all instructions provided for the safe use and operation of the PortaBins Ltd Portable Garbage Bin.
b. Renter is competent to correctly connect and disconnect the PortaBins Ltd Portable Garbage Bin.
c. Renter is competent to ensure safe load distribution and not exceed maximum load rating for the PortaBins Ltd Portable Garbage Bin (500kg/1100lbs or 1,000kg/2200lbs depending on agreement).
d. Renter has a current local photo Driver’s license and is licensed to drive or tow the PortaBins Ltd Portable Garbage Bin. - The Renter acknowledges that the PortaBins Ltd Portable Garbage Bin may be tracked by the owner via electronic device.
- The Renter acknowledges that any contamination of PortaBins Ltd Portable Garbage Bins designated for mixed recycle materials only will result in a contamination charge to be paid by the Renter that will reflect the necessary measures taken to dispose of the PortaBins Ltd Portable Garbage Bin contents safely and responsibly.
- The Renter acknowledges that:
a. The agreement between that Owner and Renter comprises the whole agreement and that no collateral oral statements by the Owner or his agent form part of the agreement.
b. He has legal capacity to enter into this agreement.
c. The singular includes the plural; the masculine gender includes the feminine in the interpretation of these terms. - The law of this agreement is the law of the Provinces and Territories of Canada and the States of the United States of America.
- PortaBins Ltd Portable Garbage Bin collects Renters personal information here to allow us to supply you with goods or services. We will not use or disclose your personal information for any other purpose. Our Privacy Policy can be found at PortaBins Ltd Privacy Policy. You can email us at [email protected]