MKI ROLL-OFF DUMPSTER
RENTAL AGREEMENT
This ROLL-OFF DUMPSTER RENTAL AGREEMENT (hereafter “Agreement”) is made and entered into on [Date of Effect: ______________________________] by and between MKI Trucking, LLC (hereafter “MKI”) MKI Trucking, LLC, a Hawaii corporation with its principal offices located at 520 Mokauea Street, Honolulu, HI 96819, telephone (808) 292-2547, and email address [email protected], [Renter:_______________________________], a [Business entity or individual residing or operating in the State of Hawaii] with its principal place of business or residence address located at ________________________(hereafter “Renter”). MKI Trucking LLC may be referred to individually as a “Party” and collectively as the “Parties.”
1. Rental Terms and Conditions
Terms and Conditions includes:
2. Renter’s Responsibilities
Renter agrees to accept full responsibility and liabilities for the Roll-Off Dumpster during the rental period, which shall include but is not limited to:
Renter shall be liable for any damages arising out of the placement, use, loading, etc. while the Dumpster is in Renter’s possession, including and not limited to: damages resulting from negligent acts; misuse; fire; vandalism; or prohibited waste materials. Any prohibited waste materials discovered in the contents of the Dumpster shall result in additional fines, penalties, or disposal fees and costs. MKI Trucking, LLC shall reserve the right to inspect the contents and refuse service upon any discovery of Renter’s non-compliance with these Terms and Conditions of this Agreement. ALL applicable local, state and federal laws and regulations pertaining to waste and waste materials are mandated and Renter shall adhere to these mandates at all times during the rental period.
3. Delivery and Pick Up Access
Renter agrees to ensure that MKI has sufficiently safe, clear, and unobstructed access to the premises and specific location of placement and pick up of the Roll-Off Dumpster. If Renter fails to provide such access for either delivery and/or pick up, MKI’s Driver shall make attempts to notify Renter and allow enter a reasonable opportunity to provide sufficient access in accordance with this Section of the Agreement.
4. Green Waste
Acceptable Green Waste includes tree trimmings; logs/tree stumps (no larger than 2’X2’); unpainted and untreated lumber or pallets; leaves, branches, and garden clippings; roots free of soil or rocks; grain; coffee grounds; sod free of dirt; and no other items defined as Green Waste.
Prohibited with Green Waste, includes: grubbing materials, metals, painted and/or treated lumber or pallets; plastic pallets; household trash; paper; plastic materials; cans; sand; glass; Styrofoam materials; batteries; rocks; stones; dirt; soil; furniture; car parts; plastic planting pots; trash bags; gardening tools; toys; particle boards; plywood; piping, etc.
Loads found to be contaminated with prohibited items will be subject to a rejection fee. (See Addendum attached to this Agreement [Exhibit A])
5. Prohibited Items (See Addendum attached to this Agreement [Exhibit A])
6. Aggregate – 10 Cubic Yard Bin Only
Dirt, rock, sand, gravel, concrete and dead animals only.
Bins used for aggregate materials are subject to the cleaning fee as listed in Exhibit A of the Addendum attached to this Agreement.
7. Construction and Demolition
Identification of acceptable and prohibited materials can be found in PVT LAND COMPANY, LTD’s most current guidelines.
8. Indemnification
To the extent allowable by law, Renter agrees to indemnify, defend, and hold harmless MKI Trucking, LLC, including its owners, employees, contractors, agents, and affiliates, from and against any and all claims, demands, damages, losses, liabilities, penalties, fines, or expenses (including attorney’s fees and costs) arising from:
9. Insurance
Renter shall produce proof of reasonable insurance coverage upon request of MKI Trucking, LLC. Renter shall maintain insurance coverage appropriate to the nature of the rental. Residential renters may satisfy this requirement through a standard homeowners or renters policy providing at least $300,000 per occurrence and $500,000 aggregate in liability coverage, including property damage liability for driveways, curbs, or other surfaces. Contractors and commercial renters shall maintain commercial general liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate, commercial auto liability insurance with a combined single limit of $1,000,000 CSL, and workers’ compensation as required by Hawaii law. Upon request, Renter shall provide MKI Trucking, LLC with a certificate of insurance naming MKI as an additional insured upon request.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaiʻi and the ordinances of the county or city and county where the dumpster is placed. Any legal action arising under this Agreement shall be filed exclusively in a court of competent jurisdiction within the State of Hawaii.
11. Entire Agreement
This document and any attached Addendum or Appendix (signed by the parties) shall be construed as the entire Agreement between the parties and supersedes all prior communications or agreements, whether written or oral. Any changes to this Agreement shall be in writing, signed by the parties, and attached to the Agreement as an Addendum or Appendix.
12. Force Majeure
Neither Party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, pandemics, or government actions, provided that the affected Party promptly notifies the other and uses reasonable efforts to mitigate the impact.
13. Dispute Resolution
Any dispute that arises between the Parties under this Agreement obligates the Parties to exhaust the agreed to Administrative Remedy of dispute resolution in good faith through private negotiation between the Parties. If such dispute is not resolved within thirty (30) days, the Parties agree to attempt non-binding mediation before initiating any litigation.
14. Counter-Parts
This agreement may be executed in counterparts, each of which when executed and delivered shall constitute a duplicate original, but both or all counterparts together shall constitute a single agreement of the Parties.
15. Acknowledgment and Signatures
By signing below, Renter acknowledges that they have read, understood, and agreed to the terms and conditions set forth in this Roll-Off Dumpster Rental Agreement, including but not limited to the prohibited items/materials fees and penalties schedule. Renter accepts full responsibility for any charges that arise as a result of prohibited items/materials or violations of the terms and conditions included in this Agreement. MKI Trucking LLC may terminate this Agreement immediately in the event of non-payment or prohibited use, remove the dumpster from the premises at the Renter’s expense, and the Renter shall remain liable for all outstanding charges.
Signatures
Renter:
Name: _______________________________________________
Company (if applicable): ______________________________
Phone: ______________________________________________
Email: _______________________________________________
Service Address: ______________________________________
Billing Address (if different): ___________________________
Signature: ____________________________________________
Date: ___________________________
MKI Trucking, LLC Representative:
Name: _______________________________________________
Title: ________________________________________________
Signature: ____________________________________________
Date: __________________________
ADDENDUM – EXHIBIT A
ROLL-OFF DUMPSTER RENTAL AGREEMENT
Bin Sizes and Fees
Additional Charges (per occurrence, unless otherwise noted):
Initial:_______/________
Prohibited Item Handling Fees:
*Rates subject to change
Initial:_______/________
RENTAL AGREEMENT
This ROLL-OFF DUMPSTER RENTAL AGREEMENT (hereafter “Agreement”) is made and entered into on [Date of Effect: ______________________________] by and between MKI Trucking, LLC (hereafter “MKI”) MKI Trucking, LLC, a Hawaii corporation with its principal offices located at 520 Mokauea Street, Honolulu, HI 96819, telephone (808) 292-2547, and email address [email protected], [Renter:_______________________________], a [Business entity or individual residing or operating in the State of Hawaii] with its principal place of business or residence address located at ________________________(hereafter “Renter”). MKI Trucking LLC may be referred to individually as a “Party” and collectively as the “Parties.”
1. Rental Terms and Conditions
Terms and Conditions includes:
- Listed rates shall include delivery, pick up, and a seven (7) calendar days rental period, unless expressly dictated otherwise in writing and attached to this Agreement as an Addendum or Appendix and executed by both parties.
- Additional daily rental fees and costs may be included for rental periods extending beyond the original contracted seven (7) calendar days. A rental extension may be granted based on availability. Any extended rental period will result in additional daily rental fee penalties in addition to all other rental fees and costs associated with the extended rental period.
- All Rental Rates, including fees and costs for extensions and penalties (if applicable) shall be in writing and attached to this Agreement.
- Cancellations can be made no later than 48-hours before the scheduled drop off for a full refund. Any cancellation made thereafter will result in a 50% forfeiture of total rental fee paid.
- Rescheduling can be made subject to availability no later than 24-hours before the scheduled drop off date with no additional fees. Any changes made thereafter will result in a fee of $150.
2. Renter’s Responsibilities
Renter agrees to accept full responsibility and liabilities for the Roll-Off Dumpster during the rental period, which shall include but is not limited to:
- Renter’s safe and appropriate use of the Roll-Off Dumpster unit;
- Renter’s assurance that the Roll-Off Dumpster is not overloaded (by weight or by volume).
- Renter’s assurance to load the Dumpster to the designated fill line and not exceeding such threshold/capacity.
- Renter shall not dispose of any non-approved waste such as hazardous materials, etc. requiring compliance with public policies and laws.
- Renter shall cause or permit the Dumpster to be moved from its original placement location without prior written approval of MKI Trucking, LLC. Email or text messaging from an authorized MKI manager shall be acceptable for such proof of relocating the rented Dumpster.
- Renter shall ensure that all required permits, including work permits for the specific job or roadway location of placement of the Dumpster, will be obtained and in Renter’s possession at all times during the work hours of the rental period.
Renter shall be liable for any damages arising out of the placement, use, loading, etc. while the Dumpster is in Renter’s possession, including and not limited to: damages resulting from negligent acts; misuse; fire; vandalism; or prohibited waste materials. Any prohibited waste materials discovered in the contents of the Dumpster shall result in additional fines, penalties, or disposal fees and costs. MKI Trucking, LLC shall reserve the right to inspect the contents and refuse service upon any discovery of Renter’s non-compliance with these Terms and Conditions of this Agreement. ALL applicable local, state and federal laws and regulations pertaining to waste and waste materials are mandated and Renter shall adhere to these mandates at all times during the rental period.
3. Delivery and Pick Up Access
Renter agrees to ensure that MKI has sufficiently safe, clear, and unobstructed access to the premises and specific location of placement and pick up of the Roll-Off Dumpster. If Renter fails to provide such access for either delivery and/or pick up, MKI’s Driver shall make attempts to notify Renter and allow enter a reasonable opportunity to provide sufficient access in accordance with this Section of the Agreement.
4. Green Waste
Acceptable Green Waste includes tree trimmings; logs/tree stumps (no larger than 2’X2’); unpainted and untreated lumber or pallets; leaves, branches, and garden clippings; roots free of soil or rocks; grain; coffee grounds; sod free of dirt; and no other items defined as Green Waste.
Prohibited with Green Waste, includes: grubbing materials, metals, painted and/or treated lumber or pallets; plastic pallets; household trash; paper; plastic materials; cans; sand; glass; Styrofoam materials; batteries; rocks; stones; dirt; soil; furniture; car parts; plastic planting pots; trash bags; gardening tools; toys; particle boards; plywood; piping, etc.
Loads found to be contaminated with prohibited items will be subject to a rejection fee. (See Addendum attached to this Agreement [Exhibit A])
5. Prohibited Items (See Addendum attached to this Agreement [Exhibit A])
6. Aggregate – 10 Cubic Yard Bin Only
Dirt, rock, sand, gravel, concrete and dead animals only.
Bins used for aggregate materials are subject to the cleaning fee as listed in Exhibit A of the Addendum attached to this Agreement.
7. Construction and Demolition
Identification of acceptable and prohibited materials can be found in PVT LAND COMPANY, LTD’s most current guidelines.
8. Indemnification
To the extent allowable by law, Renter agrees to indemnify, defend, and hold harmless MKI Trucking, LLC, including its owners, employees, contractors, agents, and affiliates, from and against any and all claims, demands, damages, losses, liabilities, penalties, fines, or expenses (including attorney’s fees and costs) arising from:
- Any injury, death, or property damage connected to the use, operation, loading, or possession of the rented dumpster;
- Renter’s negligence, willful misconduct, or violation of applicable laws or regulations;
- Actions or omissions of third parties under the Customer’s direction or control.
9. Insurance
Renter shall produce proof of reasonable insurance coverage upon request of MKI Trucking, LLC. Renter shall maintain insurance coverage appropriate to the nature of the rental. Residential renters may satisfy this requirement through a standard homeowners or renters policy providing at least $300,000 per occurrence and $500,000 aggregate in liability coverage, including property damage liability for driveways, curbs, or other surfaces. Contractors and commercial renters shall maintain commercial general liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate, commercial auto liability insurance with a combined single limit of $1,000,000 CSL, and workers’ compensation as required by Hawaii law. Upon request, Renter shall provide MKI Trucking, LLC with a certificate of insurance naming MKI as an additional insured upon request.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaiʻi and the ordinances of the county or city and county where the dumpster is placed. Any legal action arising under this Agreement shall be filed exclusively in a court of competent jurisdiction within the State of Hawaii.
11. Entire Agreement
This document and any attached Addendum or Appendix (signed by the parties) shall be construed as the entire Agreement between the parties and supersedes all prior communications or agreements, whether written or oral. Any changes to this Agreement shall be in writing, signed by the parties, and attached to the Agreement as an Addendum or Appendix.
12. Force Majeure
Neither Party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, pandemics, or government actions, provided that the affected Party promptly notifies the other and uses reasonable efforts to mitigate the impact.
13. Dispute Resolution
Any dispute that arises between the Parties under this Agreement obligates the Parties to exhaust the agreed to Administrative Remedy of dispute resolution in good faith through private negotiation between the Parties. If such dispute is not resolved within thirty (30) days, the Parties agree to attempt non-binding mediation before initiating any litigation.
14. Counter-Parts
This agreement may be executed in counterparts, each of which when executed and delivered shall constitute a duplicate original, but both or all counterparts together shall constitute a single agreement of the Parties.
15. Acknowledgment and Signatures
By signing below, Renter acknowledges that they have read, understood, and agreed to the terms and conditions set forth in this Roll-Off Dumpster Rental Agreement, including but not limited to the prohibited items/materials fees and penalties schedule. Renter accepts full responsibility for any charges that arise as a result of prohibited items/materials or violations of the terms and conditions included in this Agreement. MKI Trucking LLC may terminate this Agreement immediately in the event of non-payment or prohibited use, remove the dumpster from the premises at the Renter’s expense, and the Renter shall remain liable for all outstanding charges.
Signatures
Renter:
Name: _______________________________________________
Company (if applicable): ______________________________
Phone: ______________________________________________
Email: _______________________________________________
Service Address: ______________________________________
Billing Address (if different): ___________________________
Signature: ____________________________________________
Date: ___________________________
MKI Trucking, LLC Representative:
Name: _______________________________________________
Title: ________________________________________________
Signature: ____________________________________________
Date: __________________________
ADDENDUM – EXHIBIT A
ROLL-OFF DUMPSTER RENTAL AGREEMENT
Bin Sizes and Fees
| Bin Size | Incl. Tonnage | Rate | Tax | Total |
| 10 cu yd | 2 ton | $850 | $40.05 | $890.05 |
| 20 cu yd | 3 tons | $915 | $43.12 | $958.12 |
| 30 cu yd | 4 tons | $915 | $43.12 | $958.12 |
Additional Charges (per occurrence, unless otherwise noted):
| Travel Charge (services beyond Makakilo – Kahalu’u – Whitmore) | $180 |
| Rental Extension | $25/day |
| Additional tonnage | $90/ton |
| Stand By Fee (after 15 minutes, up to 30 minutes) | $50 |
| Recollection Fee (bin not accessible for pickup) | $180 |
| Weekend Drop/Pickup | $150 |
| Relocation Fee | $150 |
| Overfill Fee | $75 |
| Priority Drop/Pickup | $100 |
| Cleaning Fee- agg bins, graffiti, etc. | $100 each bin |
| Rejected Load/Manual Sort- load included prohibited/comingled items | $399 min |
| Extreme Damage/Total Loss | $6,000 min |
| Cancellation Fee- without 48-hour notice | 50% of total paid |
| Rescheduling Fee- without 24-hour notice | $150 |
Initial:_______/________
Prohibited Item Handling Fees:
| Tires/Auto Parts | $75 minimum |
| Batteries | $75 each |
| Electronics- computers, copying machines, printers, etc. | $50 minimum |
| Refrigerant Appliances- refrigerators, freezers, AC units, etc. | $100 minimum |
| Helium/Oxygen Tanks | $50 each |
| Hazardous Materials- chemicals, paint, oil, solvents, etc. | $100 minimum |
Initial:_______/________
