Rental Agreement and Terms & Conditions

RENTAL AGREEMENT

1. Description of Equipment

The Rental Company agrees to rent to the Customer one (1) disposal bin based on the option selected by the customer. Bin Dimension and number of Yards will be provided to the customer.

2. Rental Term

The rental period shall commence on delivery date of the bin as selected by the customer and end on selected pickup date, unless extended by mutual written agreement. Additional days may be charged at the daily rate of $20 per day. The Company agrees to deliver within 24 hours of booking. If a specific delivery time is required, it is recommended to order the bin one day in advance.

3. Rental Fees and Payment

Rental Fee amount: Will be provided on checkout
Additional Daily Fee (if applicable): $20 per day

A hold is placed on Customer credit card in advance of delivery; overage fees will be included in final payment process once the bin is unloaded. Overage fees in excess of $300 will receive a courtesy phone call. Late payments may incur additional charges.

4. Acknowledgement

Customer agrees the bin size chosen is based on the information provided. Any bin size recommendation provided by The Company is an estimate only and is not guaranteed. The customer acknowledges that they are solely responsible for selecting the correct bin size for their project and accepts any costs or consequences resulting from an incorrect size selection.

TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions (“Terms”) govern all services provided by 321Bins (“Company,” “we,” “us,” or “our”) to the customer (“Customer,” “you,” or “your”). By requesting, scheduling, or using our waste disposal, hauling, bin rental, or related services (“Services”), you agree to be bound by these Terms.

1. Scope of Services

The Company provides waste disposal, bin rental, hauling, and related services as agreed upon in writing or verbally confirmed. Services are limited to the delivery of aggregate materials, and/or collection and disposal of permitted materials only, in accordance with applicable laws and regulations.

A live load is considered an appointment, charged in 30-minute increments, where the driver remains on site to remove the waste and bin once loaded. The company will not assist with disposal of items from any facility or loading of any material in the bin. Pricing is established in advance, any appointment beyond the 30-minute agreed upon timeframe is charged at $2/minute.

2. Confidentiality and Third-Party Disputes

All information exchanged between The Company and the customer shall remain confidential at all times. The Company will not participate in, median, or assume responsibility for any disputes or conflicts between contractors, property owners, tenants, or other third parties. If a bin is ordered for delivery to a property not owned by the customer, the customer acknowledges and agrees that it is their sole responsibility to obtain all required permissions or authorizations prior to delivery.

3. Prohibited and Restricted Materials

Unless expressly agreed to in writing, the Customer shall not place the following materials in any bin or for collection:

Hazardous, toxic, biomedical, or radioactive waste
Batteries, tires, electronics
Asbestos-containing materials
Flammable, explosive, or corrosive substances
Liquid waste, or fuels
Chemicals, household cleaning products, paint, solvents
Any materials prohibited under applicable federal, provincial, or municipal laws

The Customer shall be solely responsible for all costs, fines, penalties, cleanup, remediation, or disposal arising from prohibited materials.

4. Customer Responsibilities

The Customer agrees to:

Provide the accurate delivery address and correct contact information
Not relocate the bin once placed
Use the bin in a lawful manner
Ensuring the bin is placed on a suitable, accessible surface (snow removed and surface prepared with salt/sand during winter)
Ensure materials placed for disposal comply with all applicable laws and these Terms
Provide safe, unobstructed access to the service location
Ensure bins are not overfilled and materials do not extend beyond bin walls or fill line
Not use any third-party compressor equipment in the bin, without prior agreement from The Company
Report any damages to the bin immediately.
Obtain all necessary permits, permissions, or approvals for bin placement
Ensure required permits are affixed to the bin for the full duration of rental period and while in use

The Company is not responsible for damage to driveways, surfaces, or underground utilities unless caused by proven negligence.

5. Fees and Payment

Fees are based on the Services requested, material type, weight, rental duration, and disposal costs. Payment terms are as invoiced. Late payments may be subject to interest and collection costs as permitted by law. Any damages caused by negligence or failure to follow these terms and conditions may be invoiced for all repairs.

Relocation (Hook) Fees: A hook fee of $150.00 will apply when a disposal bin is required to be relocated on site rather than removed, including relocations at the same delivery address. Bin placement instructions will be requested at the time of booking. If incorrect, incomplete, or impractical instructions are provided, or if site conditions prevent proper placement or retrieval (including but not limited to snow or ice, blocked access, parked vehicles, or debris), and a return visit is required to reposition the bin, the hook fee will apply. If no specific placement instructions are provided, The Company will place the bin in a location deemed safe and accessible at the driver’s discretion. Any subsequent request to move the bin will be subject to the hook fee.

Load Leveling and Overfill Fees: All bins must be filled level with the top of the bin walls and in a manner that allows the tarp system and bin doors to be fully and safely secured, as required by the Highway Traffic Act, Regulation 363/04.

Mixed Garbage Bins: If contents exceed wall height or obstruct safe closure and the driver is able to safely redistribute or level the load from outside the bin within a reasonable time, a $100.00 leveling fee will apply. If the load cannot be safely corrected, the bin will not be collected and must be made compliant before rescheduling pickup.
Heavy Material Bins (Concrete, Dirt, Asphalt, Brick): If material exceeds wall height or is unevenly distributed and the driver can safely correct the load from outside the bin, a $150.00 leveling fee will apply. If the load cannot be safely corrected, the bin will be left on site. The customer will be responsible for correcting the load and rebooking pickup, and additional charges may apply, including leveling fees, hook fees, and daily rental charges.

Material Separation and Contamination Fees: Customers are responsible for ensuring that only approved materials are placed in each bin. If recyclable or flat-rate bins are found to contain mixed or prohibited materials, additional separation or disposal charges will apply. Flat-rate bins containing unauthorized materials will be reclassified as Mixed Garbage Bins and charged by weight.

Accepted materials include:

Dirt bins: clean dirt and limited sod only
Concrete bins: concrete and aggregate only
Asphalt bins: poured asphalt only (excluding shingles)

Customers are responsible for reviewing invoices for accuracy and for any charges resulting from non-compliant loading or contamination. Cancellation within less than 24 hours, or cancelled due to incorrect information provided by customer, is subject to fee of $100 for all Services. Refunds are not provided.

6. Overweight and Prohibited Loads

Dirt, asphalt, brick, or concrete are strictly prohibited in Mixed Garbage Bins. If, at the time of pickup, such materials are discovered and the bin cannot be safely lifted or transported, the bin will not be collected. The customer will be responsible for all resulting costs, including but not limited to additional bins, removal fees, reclassification charges, hook fees, and any applicable rental or disposal charges.

7. Compliance with Laws (Ontario)

The Customer and the Company agree to comply with all applicable federal, provincial, and municipal laws, regulations, by-laws, and codes, including but not limited to those of the Province of Ontario, relating to waste management, environmental protection, transportation, and disposal.

8. Ontario Health and Safety

The Customer acknowledges that all work shall be performed in accordance with the Occupational Health and Safety Act (Ontario) and its regulations. The Customer agrees to maintain a safe work environment at the service location and to immediately notify the Company of any known hazards, unsafe conditions, or site-specific safety requirements.

9. Workplace Safety and Insurance Board (WSIB)

The Company represents that it maintains coverage in good standing with the Workplace Safety and Insurance Board (WSIB) of Ontario, as required by law. Upon reasonable request, proof of WSIB coverage may be provided. Nothing in these Terms shall be interpreted as creating an employer-employee relationship between the Company and the Customer.

10. Indemnity

To the fullest extent permitted by law, the Customer agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and contractors from and against any and all claims, demands, damages, losses, liabilities, fines, penalties, costs, and expenses (including legal fees on a solicitor-and-client basis) arising out of or related to:

The Customer’s breach of these Terms
The placement of prohibited or non-compliant materials
The Customer’s failure to comply with applicable laws or safety requirements
Any injury, property damage, environmental damage, or regulatory action caused by materials supplied by the Customer

11. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, consequential, or special damages, including loss of profits or project delays. The Company’s total liability, if any, shall not exceed the fees paid for the specific Services giving rise to the claim. All bins are placed to ensure reasonable precautions are used to protect driveways. The company is not responsible for damaged due to weight of the bin and external factors such as weather or unauthorized use.

12. Insurance

The Company maintains commercially reasonable insurance coverage as required under Ontario law. The Customer is responsible for maintaining any insurance required for their project or site.

13. Marketing and Communications Consent

The client agrees that The Company may use photographs, descriptions, reviews, testimonials, quotes, text messages, or videos related to the property or services provided for marketing and promotional purposes. By inquiring about or engaging in business with The Company, the client consents to receive communications, including emails and text messages, related to The Company’s services, promotions, or notifications.

14. Termination

The Company may refuse or suspend Services immediately if the Customer breaches these Terms, places prohibited materials, or creates unsafe conditions. Outstanding fees, including cancellation fees, remain payable upon termination.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties attorn to the exclusive jurisdiction of the courts of Ontario.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the Services and supersede all prior agreements or understandings, whether written or oral.

By using the Company’s Services, the Customer acknowledges that they have read, understood, and agreed to this Rental Agreement and these Terms and Conditions.