Marcees Terms of Service
Welcome to Marcees. These Terms of Service ("Agreement") constitute a legally binding agreement between you ("Customer," "you," or "your") and Marcees LLC, a New Jersey limited liability company doing business as Marcees ("Company," "we," "us," or "our").
By placing an order, rendering payment, or utilizing any of our waste collection, sanitation, or site services equipment (including but not limited to dumpsters, porta-potties, and fencing), you agree to be bound by the terms and conditions set forth below.
Services Rendered
Marcees agrees to provide non-hazardous solid waste collection, disposal services, and/or site equipment rentals as specified in your order. The Customer agrees to make payments and abide by the terms and conditions of this Agreement.
Scheduling, Delivery, and Pickup
2.1 No Automatic Pickups
We do not automatically pick up dumpsters, porta-potties, or fencing at the end of your rental period. You must contact us when you are ready for pickup to avoid additional, recurring rental charges.
2.2 Business Hours
Requests for service or pickup must be made during our regular business hours (Monday through Friday, 9:00 AM - 5:00 PM). Pickup requests made after 3:00 PM may not be processed or scheduled until the following business day.
2.3 Delivery Times
Marcees processes orders promptly; however, we do not guarantee specific delivery or pickup times due to variables such as traffic, weather, and landfill delays.
2.4 Permits
Marcees is not responsible for any local city or municipal permitting. Obtaining the necessary permits for street or property placement is the sole responsibility of the Customer unless explicitly noted in your summary of work.
Cancellations and Dry Run Fees
We process orders efficiently to ensure prompt service. Our cancellation and site-access policies are strictly enforced:
Standard Cancellation
A $25 cancellation fee will apply to any order canceled more than 24 hours prior to the scheduled delivery date.
Late Cancellation
A $50 cancellation fee will apply to any order canceled within 24 hours of the scheduled delivery date.
Dry Run / Trip Fees
Customers must provide unobstructed access to equipment. If our drivers arrive on-site and cannot deliver, service, or pick up the equipment due to blocked access, obstructions, or unsuitable conditions, a "Dry Run" fee of up to 25% of the total cost of the rental will be applied to the card on file.
Dumpster Rental Terms
4.1 Waste Material & Banned Items
Dumpsters are strictly for non-hazardous solid waste suitable for local area landfills. Banned items are strictly prohibited. The Customer agrees to pay all applicable fees and penalties if banned wastes are discovered.
Banned items include, but are not limited to:
- Tires, Batteries, and Railroad Ties
- Flammable, toxic, or hazardous materials
- Wet paints, oils, asbestos
- Refrigerators, AC units, or anything containing Freon
- 50-gallon drums
Note: Mattresses may be disposed of for an additional, per-item charge.
4.2 Heavy Materials
No concrete, dirt, bricks, or other extremely heavy bulk materials are permitted unless explicitly noted on the invoice for that specific material type.
4.3 Weight Limits & Overages
Dumpsters have a strict weight limit (standard limit is 10 tons unless otherwise noted). DO NOT overload the container by volume or weight. Customers will be charged for overloaded containers at the equivalent tonnage rate currently being charged by the disposal facility. If a dumpster is over the weight limit or the Customer refuses to unload the excess, an Equipment and Unloading fee will be added.
4.4 Rental Duration
Dumpster rentals include use for the number of days documented in your order. Keeping a container beyond this term will result in additional daily or weekly fees.
Porta-Potty Rental Terms
5.1 Rental Cycles & Recurring Billing
The day of delivery is considered Day 1 of the rental period. Customer agrees to recurring charges for ongoing porta-potty services. We do not pro-rate rentals.
Construction/Standard:
The first recurring invoice will be processed 25 days after delivery and every 28 days thereafter. You must call to request pickup prior to the end of your 28-day cycle to avoid renewal.
Event Rentals:
Based on a maximum of 7 days with no standard cleanings unless paid for and itemized. Additional rental periods will incur recurring charges of up to the same initial cost until picked up.
5.2 Relocation
If a porta-potty is moved from its original placement site, Marcees must be notified immediately. Units moved without authorization will not be serviced, and extra charges will apply.
5.3 Winterization
In cold climates, prices are subject to change due to the necessary addition of winterization liquid to the units. By signing or accepting this agreement, you authorize an increase of up to $50.00 per unit on your monthly billing cycle when winterization is required.
5.4 Damage
The Customer agrees not to damage or deface the unit. Additional repair or replacement charges will apply for damages.
Construction Site Fencing
6.1 Renewals
Fencing rentals will automatically renew at the same cost of the initial term after the outlined rental period expires, unless otherwise noted. You must call and request pickup prior to the end of your initial term.
6.2 Care and Liability
The Customer agrees not to damage the fencing. The Customer is responsible for any repair or replacement costs for damaged panels, stands, or hardware.
Property Damage Waiver
Marcees and its affiliates shall not be responsible for any damage to the Customer's property, including but not limited to pavement, driveways, curbs, pavers, or landscaping. Heavy equipment and trucks are required to provide these services.
Important: Customers are strongly encouraged to have wood boards available to place underneath the dumpsters for added protection. By executing this Agreement, the Customer agrees to defend, indemnify, and hold harmless Marcees against any such property damage claims.
Payment Terms
The Customer agrees to make full payment for any and all charges contained herein.
Credit Card Authorization
If a credit card is initially used for payment, the Customer authorizes Marcees to charge any subsequent charges, overages, dry run fees, or extended rental fees directly to the credit card on file.
Pricing Adjustments
Pricing is subject to change based on the disposal area, rental length, or specific lot location constraints. The Customer agrees to an additional charge of up to $99 per unit if specialized lot servicing is required.
Late Payments
The Customer agrees to make immediate payment for all fees. Past-due balances will accrue an annual interest rate of 1.5%. The Customer is responsible for all attorney fees, court costs, and lien processing fees associated with the collection of past-due balances.
Binding Arbitration and Governing Law
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
9.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.
9.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in the State of New Jersey. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules and Mediation Procedures.
9.3 Class Action Waiver
You and Marcees agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Judgment on the Award may be entered in any court having jurisdiction.
Modification & Termination
Marcees reserves the right to cancel an order or terminate this Agreement at any time, for any reason. We reserve the right to update or modify these Terms of Service at any time without prior notice. Continued use of our services constitutes acceptance of the modified Terms.