TRISSEL ROLL OFF SERVICE
Roll-Off Container Service Agreement
Terms and Conditions
This document sets forth the terms and conditions (this “Agreement”) under which Trissel Roll Off Service (“Trissel” or “Company”) agrees to provide roll-off container rental and waste removal services (“Services”) to the customer identified in the accompanying service order (“Customer”). By placing a service order, the Customer acknowledges having read, understood, and agreed to be bound by all terms contained herein.
Section 1 — Acceptance of Terms
1.1. All Service orders are subject to this Agreement and any accompanying order confirmation, invoice, or quote (collectively, “Order Documents”). Together, this Agreement and the Order Documents represent the complete understanding between the parties and supersede any prior discussions or representations.
1.2. Placement of an order constitutes full acceptance of this Agreement. Terms proposed by Customer that differ from or add to those contained herein are expressly rejected and carry no legal effect unless separately agreed to in writing by an authorized representative of Trissel.
Section 2 — Delivery, Pickup, and Equipment Placement
2.1. Trissel will make commercially reasonable efforts to deliver and retrieve containers within any estimated timeframes. However, Trissel does not guarantee specific delivery or pickup dates or times. Delays caused by weather conditions, road closures or hazards, traffic, equipment issues, landfill wait times, or other circumstances outside Trissel’s control will not give rise to any liability or compensation obligation on the part of Trissel.
2.2. The Customer is responsible for selecting a safe, legal, and accessible placement location for the container. The Customer shall not relocate or attempt to relocate the container without first obtaining written authorization from Trissel.
2.3. If Trissel dispatches a driver to deliver or retrieve a container and is unable to complete the service due to conditions not caused by Trissel — including but not limited to an overloaded container, blocked access, locked gates, low-clearance obstacles such as overhanging branches or power lines, inaccessible driveways, or the presence of prohibited materials — Customer will be charged an additional trip fee of no less than $200.00 per occurrence.
Section 3 — Container Use, Weight, and Rental Period
3.1. Containers must not be filled above the top rim. Any material extending beyond the rim of the container creates a transportation hazard and must be removed before Trissel will retrieve the container. Failure to comply may result in an additional trip fee as described in Section 2.3.
3.2. Each container size is subject to a maximum included weight allowance as follows: 10-yard containers — 1 ton; 15-yard containers — 2 tons; 20-yard containers — 3 tons; 30-yard containers — 4 tons. Any weight exceeding the applicable allowance will be billed at a rate of $75.00 per additional ton or fraction thereof.
3.3. Container rental is provided for the period specified in the Order Documents. Containers retained beyond the agreed rental period will incur a daily extension fee of $10.00 per day until the container is retrieved.
Section 4 — Payment Authorization
4.1. By submitting an order, Customer authorizes Trissel to retain Customer’s payment method on file and to charge it for all applicable service fees, weight overages, extra trip fees, extension fees, and any other amounts owed under this Agreement.
4.2. This payment authorization remains in effect throughout the active service period and for up to 120 days following the final day of Service.
4.3. If Customer revokes or disputes this payment authorization at any time, Trissel reserves the right to suspend Services, retrieve its container, and pursue collection of any outstanding balance — without advance notice and without waiving any of its legal or contractual rights.
Section 5 — Order Cancellation
5.1. Once a service order is accepted by Trissel, it may not be canceled without Trissel’s consent. Trissel may, in its sole discretion, agree to accept a cancellation request.
5.2. Cancellations submitted before 3:00 p.m. on the business day prior to the scheduled delivery will be charged a cancellation fee of no less than $25.00. Cancellations submitted after this deadline will be charged a cancellation fee of no less than $150.00. These fees reflect costs already incurred in scheduling and preparing for service.
Section 6 — Permits and Local Compliance
6.1. Placement of a roll-off container on public property — including streets, sidewalks, or rights-of-way — may require a permit from the applicable local, municipal, county, or state authority. Customer is solely responsible for identifying, obtaining, and maintaining any such permits prior to container delivery.
6.2. If Trissel determines that required permits have not been secured, Trissel may remove the container without prior notice to Customer and without any liability for doing so.
Section 7 — Prohibited Materials
7.1. Trissel’s Services are intended solely for non-hazardous general solid waste, construction and demolition debris, and inert recyclable materials. The following categories of materials are strictly prohibited from being placed in any Trissel container:
Automobile tires; lead-acid or lithium batteries; tree stumps and railroad ties; paints, stains, varnishes, and lacquers; petroleum products and motor oils; asbestos-containing materials; infectious or medical waste; chemically contaminated soil or absorbent materials; printing inks and industrial resins; pressurized drums or cylinders; water heaters and storage tanks; food waste and putrescible materials; fuels and accelerants; adhesives and solvents; refrigerants and freon-containing appliances; pressurized aerosol containers; and any other radioactive, volatile, flammable, explosive, toxic, or otherwise hazardous material as defined under applicable federal, state, or local law (collectively, “Prohibited Materials”).
7.2. Customer agrees not to place, or allow others to place, any Prohibited Materials in Trissel’s containers. Ownership and full legal responsibility for any Prohibited Materials remain with Customer at all times.
7.3. Customer will be solely responsible for any costs, fines, penalties, remediation expenses, legal fees, or other liabilities arising from the presence of Prohibited Materials in a Trissel container, including all costs associated with proper disposal.
Section 8 — Customer Indemnification
8.1. Customer agrees to defend, indemnify, and hold harmless Trissel and its members, officers, employees, agents, and assigns from and against any and all claims, damages, losses, fines, penalties, and expenses (including reasonable attorneys’ fees) arising from or related to:
(a) weight overages beyond the included allowance; (b) Customer’s failure to obtain or maintain any required permit; (c) the placement, storage, or transportation of Prohibited Materials; (d) loss, theft, or unauthorized use of the container; (e) physical damage to or destruction of the container during the rental period; (f) personal injury or third-party property damage related to Customer’s possession or use of the container; (g) damage to streets, driveways, walkways, pavement, curbing, landscaping, underground utilities, irrigation systems, or septic systems caused by the container or its placement; (h) any breach by Customer of this Agreement or the Order Documents; and (i) any costs or fees imposed by third parties in connection with the container’s movement, placement, or use.
Section 9 — Assignment
9.1. Customer may not transfer or assign any rights or obligations under this Agreement without prior written consent from Trissel. Trissel may assign this Agreement or delegate its performance at any time without requiring Customer’s consent.
Section 10 — Governing Law and Disputes
10.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict-of-law provisions.
10.2. Any dispute arising out of or related to this Agreement that cannot be resolved informally shall be submitted to binding arbitration in Ohio, under applicable arbitration rules, and the decision of the arbitrator shall be final and enforceable in any court of competent jurisdiction.
Section 11 — Entire Agreement and Modifications
11.1. This Agreement, together with the Order Documents, constitutes the entire agreement between the parties with respect to the Services and supersedes all prior understandings, representations, and communications, whether written or oral.
11.2. No modification to this Agreement shall be valid unless made in writing and signed by an authorized representative of Trissel. Trissel reserves the right to update these terms periodically; any updates will apply prospectively to new orders.
Section 12 — Limitation of Liability
12.1. To the maximum extent permitted under Ohio law, Trissel’s liability to Customer for any claim arising out of or related to the Services shall not exceed the total amount paid by Customer for the specific service order giving rise to the claim. In no event shall Trissel be liable for any indirect, consequential, incidental, or punitive damages.