Terms of Service
These Terms of Service ("Terms") govern the container-based waste disposal services ("Service") provided by Top Notch Junk Removal to you, the customer ("Customer," "you," "your"). Our Service utilizes roll-off containers ("Container" or "Dumpster") delivered to your specified location ("Service Location") within Massachusetts.
IMPORTANT: This agreement outlines a SERVICE for waste collection and disposal using our Container; it is NOT a rental agreement for the Container itself, although the terms "dumpster rental" or "rental" may be used colloquially or for online search purposes. The Container remains the sole property of Top Notch Junk Removal and is equipment provided solely for the purpose of facilitating the waste disposal Service. Your booking of our Service, clicking to accept these terms, providing your signature (electronic or otherwise), and making payment signifies your acceptance of these Terms. Please read them carefully.
1. Definitions
"Container" or "Dumpster": The roll-off waste container owned by Top Notch Junk Removal and provided solely as equipment necessary for facilitating the Service. While commonly referred to as a "dumpster," for the purposes of this agreement, it is not rented but provided as part of the overall Service package. The Customer bears responsibility for damage beyond 'Reasonable Wear and Tear' as detailed in Section 9.g.
"Customer": The individual or entity booking the Service and responsible for compliance with these Terms.
"Prohibited Materials": Items listed in Section 11 or otherwise designated by Top Notch Junk Removal, law, or regulation as unacceptable for disposal via the Service.
"Service Period": The duration selected by the Customer at booking for the Container to be placed at the Service Location for waste loading, inclusive of delivery and scheduled pickup dates.
"Service Location": The address provided by the Customer where the Container will be delivered and picked up as part of the Service.
"Hazardous Waste": Any waste defined as hazardous under federal, state (Massachusetts), or local laws or regulations, including but not limited to materials restricted under current Massachusetts Department of Environmental Protection (MassDEP) Waste Bans.
"Reasonable Wear and Tear": Minor cosmetic impacts to the Container consistent with normal operational use for loading and transporting permitted waste. Examples include minor paint scratches, small scuffs, and paint fading. This explicitly excludes damage attributable to Customer actions or negligence (See Section 9.g).
"Top Notch Junk Removal": TOP NOTCH JUNK REMOVAL LLC, d/b/a Top Notch Junk Removal, located at 261 Meadow St, Carver, MA 02330.
"Rolliskates": Specialized equipment designed for use with roll-off containers to increase the surface area contacting the ground, intended to mitigate potential property damage.
2. Scope of Service
Top Notch Junk Removal agrees to provide the Service, which includes: the delivery of a Container to the Service Location, the Customer's use of the Container for loading Permitted Waste Materials during the Service Period, and the subsequent retrieval, transportation, and disposal of the Container's contents by Top Notch Junk Removal. Optional service enhancements, such as Priority Delivery (Section 3), Extra Driveway Protection (Section 4), or Cancellation Insurance (Section 17), may be selected by the Customer at booking for an additional fee and are subject to the specific terms outlined herein. All aspects of the Service are subject to these Terms and Top Notch Junk Removal's operational constraints. The provision of the Container is integral to, and inseparable from, the waste disposal Service offered.
3. Optional Priority Delivery Service
a. Availability and Purpose: Customer may, at the time of booking, elect to purchase "Priority Delivery" as an optional service enhancement for an additional fee (specified in Section 6.h). Priority Delivery aims to place the Customer's delivery at the beginning of Top Notch Junk Removal's delivery schedule for the requested date.
b. Scope of "Priority": Selecting Priority Delivery grants the Customer the earliest available delivery slot within Top Notch Junk Removal's operational schedule and logistical capacity on the requested delivery date. This means the delivery will be prioritized ahead of standard, non-priority deliveries scheduled for that same day.
c. Limitations and Disclaimers:
(i) No Specific Time Guarantee: Priority Delivery does NOT guarantee delivery by a specific clock time (e.g., "by 8:00 AM"). The actual delivery time depends on Top Notch Junk Removal's route planning for the day, driver start times, prior commitments (if any), travel time, traffic, weather, and other operational factors. It only guarantees the earliest slot Top Notch Junk Removal has available for dispatch on that date.
(ii) First-Come, First-Served Among Priority Requests: If multiple Customers request Priority Delivery for the same date, the available priority slots will be assigned on a first-come, first-served basis determined by the time the Priority Delivery service was successfully booked and paid for.
(iii) Subject to Availability: The number of Priority Delivery slots available per day may be limited at Top Notch Junk Removal's sole discretion based on operational capacity. The option may not be available if all priority slots for a given day are already booked.
(iv) Operational Constraints & Force Majeure: Top Notch Junk Removal will make reasonable commercial efforts to fulfill the priority commitment. However, Top Notch Junk Removal shall not be liable for delays impacting Priority Delivery caused by factors beyond its reasonable control, including but not limited to those listed under Force Majeure (Section 22), unforeseen traffic, weather conditions delaying safe operation, or unexpected equipment breakdowns. In such events, Top Notch Junk Removal will still endeavor to complete the delivery as early as practicably possible under the circumstances, maintaining its priority relative to standard deliveries where feasible.
d. Fee: The fee for Priority Delivery is detailed in Section 6.h and is payable at the time of booking.
4. Optional Extra Driveway Protection Service
a. Availability and Purpose: Customer may, at the time of booking, elect to purchase "Extra Driveway Protection" as an optional service enhancement for an additional fee (specified in Section 6.i). This service involves Top Notch Junk Removal utilizing a product known as "Rolliskates" during the delivery and placement of the Container. Rolliskates are specifically designed to be placed under the Container's wheels/rollers to increase the surface area contacting the ground.
b. Intent: The sole purpose of this optional service is to mitigate, but not eliminate, the potential for damage to the driveway or underlying surface at the Service Location caused by the weight and pressure of the Container's contact points.
c. Limitations and Disclaimers:
(i) No Guarantee Against Damage: The use of Rolliskates does NOT guarantee that no damage will occur to the Customer's property (driveway, pavers, lawn, subsurface structures, etc.). Factors such as the condition and composition of the surface, subsurface stability, total weight of the loaded Container, and weather conditions can still lead to damage even with Rolliskates in use.
(ii) Liability Remains with Customer: Purchasing and utilizing the Extra Driveway Protection service does NOT transfer liability for property damage from the Customer to Top Notch Junk Removal. The Customer remains fully responsible for ensuring the Service Location surface is adequate and assumes all liability for any property damage resulting from the Service, as outlined in Section 13 (Liability for Surface and Property Damage). This optional service provides an additional measure intended to reduce risk but does not alter the fundamental allocation of liability.
d. Fee and Refund Policy: The fee for Extra Driveway Protection is detailed in Section 6.i and is payable at the time of booking. This fee is non-refundable once paid, except as may be applicable solely under the terms of the Optional Cancellation Insurance (Section 17), if purchased by the Customer at the time of booking.
5. Service Period and Extensions
The Service Period commences on the Container delivery date and ends on the scheduled pickup date, as selected by the Customer at booking. Extensions beyond the initially selected Service Period may be requested by the Customer via phone call, text message, or email. Extensions are subject to Container availability and Top Notch Junk Removal's scheduling approval. If an extension is approved, the Customer agrees to pay the applicable daily extension fee, which will be communicated upon approval and included on the final invoice for each day beyond the original Service Period. Top Notch Junk Removal shall not be liable for any damages, costs, or inconveniences arising from the unavailability of a Container for extension. Top Notch Junk Removal will make reasonable efforts to adhere to the scheduled pickup date. If Top Notch Junk Removal is unable to retrieve the Container on the scheduled date due to its own operational issues (excluding Force Majeure events), no extra day charges will apply for the duration of Top Notch Junk Removal's delay.
6. Fees and Charges
a. Base Service Fee: The primary fee covering the core Service elements (Container delivery, usage allowance during Service Period, retrieval, standard disposal up to weight limit) for the selected Container size and duration. This fee is invoiced upon booking. Service will not be scheduled or performed until this initial invoice is paid in full.
b. Fuel Surcharge: A variable, mileage-based fuel surcharge will be calculated and added at checkout or included in the initial invoice. This surcharge is calculated based on the round-trip distance between our facility (261 Meadow St, Carver, MA 02330) and the Service Location. The calculation considers factors like distance and market fuel prices. However, the specific fuel surcharge amount or rate applied to the Customer's Service order is the one effective at the time of booking and is clearly stated during the checkout process and/or on the initial invoice. This specific surcharge is fixed for that Service order.
c. Overage Fees: Containers include a specific weight allowance communicated at booking (based on Container size). If the actual weight of the waste, as measured by certified scales at the disposal facility, exceeds this allowance, an overage fee will apply. The applicable overage fee per ton (or portion thereof) is the specific rate agreed upon by the Customer at the time of booking and is clearly stated on the initial invoice issued for that specific Service order. This rate is fixed for the booked Service and is not subject to change based on disposal costs incurred by Top Notch Junk Removal after booking. Customer agrees to pay the total overage fee amount invoiced. An invoice detailing the final weight and any overage fees will typically be provided within 5 business days of disposal.
d. Dry Run Fee: If Top Notch Junk Removal attempts delivery or retrieval of the Container on the scheduled date but is unable to complete the action due to Customer-related issues (including, but not limited to, obstructed access per Section 7, locked gates, presence of Prohibited Materials preventing transport, unavailability of Customer or designated representative if required, or an overfilled Container that Customer must rectify before transport), a flat Dry Run Fee of $200.00 will be charged for each unsuccessful attempt. This fee covers costs associated with the failed service attempt (e.g., fuel, labor, scheduling impact).
e. Safety Compliance / Rearranging Fee: If waste materials are loaded above the top rim of the Container or otherwise positioned in a way that prevents safe and legally compliant transport (e.g., cannot be securely tarped), Top Notch Junk Removal, at its sole discretion, may attempt to rearrange the material to ensure safe transport. If Top Notch Junk Removal performs this rearrangement, a Safety Compliance Fee of $150.00 will be charged. Alternatively, Top Notch Junk Removal may require the Customer to rearrange or remove material before retrieval, potentially incurring a Dry Run Fee (Section 6.d) if a return trip is needed.
f. Extra Day Charges (Due to Customer Delay): If the Container cannot be retrieved on the scheduled pickup date (or subsequent rescheduled dates) due to Customer-related issues (as described in Sections 6.d, 7, 8, or 11), extra day charges will accrue. The applicable daily charge for such delays is the specific rate agreed upon by the Customer at the time of booking (this rate may be the same as the agreed-upon extension rate, if applicable) and confirmed on the initial invoice for that Service order. These charges start from the day following the originally scheduled pickup date and continue until the issue is resolved and the Container is successfully retrieved. These charges are in addition to any applicable Dry Run Fees and are separate from charges for mutually agreed-upon Service Period extensions (Section 5).
g. Special Handling Item Fees: Disposal of certain items requires special handling and incurs additional fees per item. These fees are in addition to the Base Service Fee and any applicable Overage Fees. Fees include (but may not be limited to):
Mattress: $150
Box Spring: $150
AC Unit: $75
Dehumidifier: $75
Small Refrigerator/Freezer (Mini-fridge): $75
Large Refrigerator/Freezer (Full Size): $100
Television (any type) Under 50": $60
Television (any type) Over 50": $100
Computer Monitor (CRT or Flat Panel): $60
Car Tire: $50
Truck Tire: $75
Tractor Tire: $100
Automotive Battery: $35
Propane Tank (Empty): $25
Fire Extinguisher: $10
Computer (Tower/Laptop): $10
Printer/Fax/Scanner: $10
Microwave: $10
Paint Cans (1 Gallon size): $5 per can. IMPORTANT: Cans MUST contain ONLY completely dried/solidified paint. Cans with liquid or wet paint are Prohibited (See Section 11) and cannot be accepted.
Other items as designated by Top Notch Junk Removal or incurring specific disposal facility charges.
Customer is responsible for notifying Top Notch Junk Removal if such items are placed in the Container and agrees to pay the applicable fees stated on the invoice. Failure to declare may result in additional charges. Customer remains liable for any regulatory fines/penalties associated with undeclared items.
h. Priority Delivery Fee: If Customer selects the optional Priority Delivery service (as described in Section 3) at the time of booking, an additional fee will apply. This fee will be clearly presented during the booking process and included on the initial invoice. This fee is non-refundable once paid, except as may be applicable under the terms of the Optional Cancellation Insurance (Section 17), if purchased by the Customer.
i. Extra Driveway Protection Fee: If Customer selects the optional Extra Driveway Protection service (as described in Section 4) at the time of booking, an additional fee will apply. This fee will be clearly presented during the booking process and included on the initial invoice. This fee is non-refundable once paid, except as may be applicable solely under the terms of the Optional Cancellation Insurance (Section 17), if purchased by the Customer.
7. Access and Retrieval
Customer warrants that the Service Location is accessible for Top Notch Junk Removal's standard delivery and retrieval trucks and the placement/removal of the Container. Customer must ensure the area required for servicing the Container (including approach, placement area, and overhead clearance) remains free from obstructions (e.g., vehicles, debris, snow, locked gates, overhead obstructions like wires, branches, or building overhangs) on the scheduled delivery and pickup dates and during the respective service windows. If Top Notch Junk Removal cannot deliver or retrieve the Container due to lack of access or obstructions caused by the Customer or related to the Service Location conditions, the Dry Run Fee (Section 6.d) will apply for the failed attempt, and Extra Day Charges (Section 6.f) may apply (in case of failed retrieval) until access is provided and service is successfully completed. Top Notch Junk Removal will notify the Customer of the issue and reschedule once the obstruction is confirmed cleared by the Customer.
8. Container Loading Requirements
Customer agrees to load the Container evenly and ensure waste materials do not extend above the top rim ("water level"). All materials must be contained entirely within the Container walls. This is essential to allow secure covering/tarping for safe and legal transport (per MassDOT regulations).
Consequences of Overfilling/Improper Loading: If deemed overfilled or loaded unsafely by Top Notch Junk Removal personnel upon arrival for retrieval:
Option 1 (Top Notch Junk Removal Rearranges - At Discretion): At Top Notch Junk Removal's sole discretion, if minor adjustment is feasible and safe, our driver may attempt rearrangement. If successful, the Safety Compliance Fee (Section 6.e) applies.
Option 2 (Customer Rectifies): Top Notch Junk Removal will refuse retrieval until the Customer rectifies the loading issue (removes excess material or rearranges load). A Dry Run Fee (Section 6.d) applies if the driver must return later, and Extra Day Charges (Section 6.f) will accrue daily from the day following the failed pickup attempt until the Container is compliant and successfully retrieved.
9. Customer Responsibilities
Customer agrees:
a. To pay for the Service and all applicable additional charges per Section 6 and Section 16.
b. To use the Container only for Permitted Waste Materials (Section 10).
c. Not to place Prohibited Materials (Section 11) in the Container.
d. To monitor the type and volume of waste loaded to avoid overages and prohibited items.
e. To ensure timely scheduling of pickup with Top Notch Junk Removal if not automatically set at booking.
f. To inspect the Container upon delivery and report any significant pre-existing damage to Top Notch Junk Removal in writing (e.g., email with dated photos) within 24 hours of delivery. Failure to report pre-existing damage within this timeframe implies the Customer accepts the Container's condition as delivered. Top Notch Junk Removal may, at its discretion, document the container's condition via photos prior to or upon delivery for mutual protection, but is not obligated to do so for every delivery.
g. To take reasonable care of the Container while it is at the Service Location. Customer is responsible for any loss or damage to the Container occurring during the Service Period or until Top Notch Junk Removal successfully retrieves it, that is beyond 'Reasonable Wear and Tear' (as defined in Section 1). Damage attributable to the Customer for which the Customer is financially responsible includes, but is not limited to: deep gouges, punctures, significant dents, structural bends (e.g., bent doors, frames, or walls), graffiti, fire or heat damage, damage from unauthorized movement (See Section 14), and excessive staining or residue from Prohibited Materials. Top Notch Junk Removal will provide evidence (e.g., photos) and an itemized bill for necessary repairs or the Container's replacement value if deemed irreparable, which will be chargeable to the Customer (See Section 16).
10. Permitted Waste Materials
Unless the Container is specifically designated for a single waste type (e.g., "Clean Fill Only" or "Yard Waste Only"), Containers generally accept mixed loads of common non-hazardous materials, including:
General Household Waste: Typical non-hazardous trash, discarded furniture, plastics, clothing, etc. (excluding items listed as Prohibited or requiring special handling fees unless paid).
Construction & Demolition (C&D) Debris: Wood, drywall, roofing shingles (asphalt), vinyl siding, insulation, non-hazardous debris from building projects.
Asphalt, Brick, Concrete (ABC Waste): Pavers, concrete chunks, asphalt chunks, brick. Requires prior notification and potentially Top Notch Junk Removal's approval for mixed loads.
