Customer Terms of Service

Mulch & Firewood Delivery | Dumpster Rental

Effective August 2nd, 2023

Welcome to Haulstr and thank you for trusting us with your business. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. These terms and conditions (the “Terms”) are the only terms that govern your order. From time to time the Haulstr may change and update these Terms without the consent of the Customer so long as the change does not materially affect the nature of your order.

Definitions:

-Anyone placing an order with Haulstr is herein referred to as a Customer.

-Haulstr Inc (Haulstr)  owns and operates the website Haulstr.com and the brand “Haulstr”. It also provides office services for affiliated companies (Affiliates) including but not limited to Haulstr Logistics, LLC, High Definition Outside, LLC, and American Mulch Producers, LLC. Any Service purchased on, or referred by, the Haulstr.com website including but not limited to, landscaping, patio construction, and  dumpster rentals may be fulfilled by Affiliates, independent contractors, or Service Partners as defined herein. These third-party service providers are not employees or agents of Haulstr in any capacity, and Haulstr is not responsible or liable for damages, claims, or disputes arising out of or relating to the actions, negligent or not, of third party service providers utilized to perform the Services in whole or in part.

-Deliveries may be made by employees of Affiliates or by  independent contractors, and these parties are herein referred to as Drivers. 

-Installation may be performed by employees of Affiliates or by independent contractors, and these parties are herein referred to as Installers.

–Service Partners are third-party service companies whose services Haulstr lists on its website.. 

Customer Service

Our aim is to serve you! We provide top products from the best local suppliers, and our staff will do our best to delight every customer and partner. Please contact us anytime with feedback, suggestions, or concerns. 

Delivery:

-Dumpsite Locations:

For most deliveries, placement of product is on the driveway or on any reasonable hard surface. Deliveries requested to be dumped in areas other than driveways are left to the discretion of Drivers. Area for the dump must be a hard (pavement, packed gravel or cement) and level surface and have ample clearance for truck width, length and raising the dump bed. Please keep in mind that delivery trucks “dump”, and the Customer accepts responsibility to ensure the area is clear of overhead obstructions such as tree limbs, powerlines or basketball hoops. Dumps may not be able to be completed on steep drives with grades > 10%.

If the dumpsite has overhead obstructions or access limitations (such as vehicles blocking access) or other circumstances that prevent delivery at the designated dump site, Drivers may attempt to dump the product at an alternate location. If no reasonable alternative dump site appears to be available, the customer will be charged the delivery fee, and customer will be contacted to  arrange a second delivery. Customer may also incur a 2nd delivery charge. 

-Marking the Dumpsite:

Please use a tarp or cone to mark the dumpsite and to help ensure the exact location. Please be as specific as possible in any dumpsite descriptions.  

-Access to Property:

By completing your order with Haulstr,, you grant permission for Drivers to dump landscape materials at designated sites. Customer acknowledges that neither Haulstr nor Drivers are responsible for incidental property damage including but not limited to: cracking or staining of driveway surfaces, landscape and/or lawn damage, or other property damage. Customer assumes full responsibility for products unloaded in public right-of-ways (including the risk of damage or injury to others).  

-Delivery Times:

Drivers will work to ensure product is delivered within 90 minutes of the requested delivery window. Due to unforeseen conditions (such as traffic or weather) exact delivery times cannot be guaranteed.. 

-Dyed Mulch Recommendations:

If you are ordering color-enhanced mulch, please note that the environmentally-safe mulch dye can cause discolorations and/or stains to driveways, vinyl siding or any light colored material. Neither Haulstr, Installers, or Drivers, are liable for any such discolorations. Please consider marking the dump site with a tarp if discoloration is a concern to you. 

In order prevent colorant from washing off, 48 hours of “dry time” after installation. We do not recommend installing colored mulch in times of rain and/or if rain is highly likely within 48 hours.  Avoid sprinkling areas for 48 hours. 

-Quantity Discrepancies: 

If Customer has questions as to the amount of material delivered, please contact Haulstr before applying material to landscapes, so that we can help.  No corrective action can be taken if material is applied.

Mulch Installation:

If Installation is selected when ordering, mulch will be delivered and installed within the 7 day window the Customer chooses when ordering. You will receive email or text alerts leading up to the delivery window, and Drivers  will call before the delivery. Although Installers try to install mulch on the day of delivery, mulch may be delivered up to 36 hours in advance of installation. Mulch will be installed within 36 hours of delivery, weather permitting. 

Installers may be Affiliate employees, or independent contractors.  Installation includes natural edging of existing beds, light bed cleanout (see below for definition) prior to installation, and removal of debris created by edging and light cleanout. Natural edging is performed using a spade at an angle to cut in the beds at approximately 3 inches in depth.  Installers are not responsible for damaging any underground lines, including but not limited to perimeter pet fencing, lines for yard lighting, and irrigation systems. Customer should clearly mark any underground lines and communicate the location to Installer.

-Mulch Depth:

Mulch will be installed at roughly 3 inches in depth.  It is up to the customer to have ordered enough mulch to perform the installation at this depth.  If too much or too little product is ordered, the Installer will use their best judgment whether to spread mulch at a slightly greater or lesser depth or whether to leave some areas unmulched. The homeowner can request the installer to “spread” at a depth to cover all areas with the amount of mulch provided.

-Light Bed Cleanout Description:

As part of the mulch installation service, Installers  will remove one  full bag of leaves, weeds, etc. Please contact us before ordering if you need a heavier clean-out.

Light bed cleanout means a few leaves and minimal weeds are in your beds. If you have more than one bag of leaves, weed, and debris that needs to be removed, please clean out beds in advance of your delivery week, or contact us, and we’ll do our best to help. Otherwise, we will mulch over the debris, and you can spray / pull afterwards. It’s best to clean beds prior to our arrival.

Cancellations, Rescheduling & Returns

Orders can be canceled or rescheduled no less than 24 hours prior to your scheduled delivery window.  Please contact us or email us at support@haulstr.com should you need to reschedule or change your order. Orders returned at site before dumped will be charged the delivery fee associated with order. Refunds are not provided  for bulk mulches or any other products dumped at the delivery site.  

Rain and Inclement weather

In some weather conditions, it may be unsafe for our Drivers to load and deliver mulch. Weather may also delay Install. In the case of heavy rains or inclement weather orders may need to be rescheduled. Customers will be contacted with rescheduled delivery options in these cases.

Dumpster Rental

  1. The Customer shall have the responsibility to determine the location of where Haulstr places the dumpster (hereinafter “Location”) and shall communicate the Location to Haulstr
  2. Customer is solely responsible to obtain any and all federal, state, and/or local permits, authorizations, and consents and to do all other things necessary to allow the dumpster to be placed at the Location, including without limitation to obtaining and placing flashers, flags, and/or other items as needed.
  3. Customer shall not and shall not permit any other person to place any of the following into the dumpster: 

(a)any hazardous materials, including without limitation, painted brick/concrete (applies to clean fill dumpsters only), oil, fuel, chemicals, batteries, electronic waste, televisions, stereos, computers, refrigerators, freezers, air conditioners, any other appliances containing refrigerant such as Freon, fluorescent tubes, asbestos, insecticides, herbicides, pesticides, cleaning supplies, propane tanks, or any other material that is toxic, corrosive or otherwise hazardous to health; (b) liquid, medical or infectious waste of any kind; (c) rubber tires; (d) heavy debris such as rock, dirt, brick and concrete (wet or dry); and (e) no insulation unless bagged. 

In the event Customer places any such items in the dumpster, the customer, in addition to the amounts set forth below, shall also pay: (i) pay Two Hundred Fifty Dollars ($250.00) to Haulstr; and (ii) shall be solely responsible for any, and all costs and expenses incurred by Haulstr for the special handling and/or disposal of such items including but not limited to costs associated with any hiring professionals and/or contractors to complete environmental testing and/or remediation.

3.1 Paint Cans – $25/Can

3.2 Refrigerators/freezers/air conditioners/etc. – $250.00/each

3.3 Rubber Tires – auto $40.00/each, truck $80.00/each

  1. Customer shall not fill the dumpster to a level higher than the line on the dumpster marked with “MAXIMUM FILL LINE”. If this marking is absent, then the dumpster shall not be filled to a level higher than the top edge of the dumpster. In the event Customer fills the dumpster to a level higher than the line on the dumpster marked with “MAXIMUM FILL LINE” or if the marking is absent, then the top edge of the dumpster, the Customer shall pay Haulstr a fee of $150.00 for extra handling and/or removal of such items. Haulstr has no responsibility to dispose of items above said line and reserves the right to remove said items and leave them at the Location with no further responsibility with respect thereto. If loaded excessively, Haulstr will leave the dumpster at the Rental Site until it is leveled to a safe level by the Customer.

 

  1. Customer agrees to provide free, unimpeded access to the Location for all personnel and equipment of Haulstr that is required to place, empty, and/or remove the dumpster pursuant to this Agreement. In the event Haulstr is unable to access the dumpster when Haulstr arrives at the Location to empty the dumpster (swap out), remove the dumpster (pick up), and/or unable to deliver the dumpster (delivery) due to no access or the Location not being large enough, Customer shall pay One Hundred Twenty-Five Dollars ($125.00) for each failed attempt. If Haulstr must wait on site, then a fee of $25.00 will be charged for each 15 minutes required to wait. 

Customer shall notify Haulstr, no later than 9:00 a.m. the business day prior to the scheduled pick-up date listed on the confirmation email and/or invoice, of any condition that may interfere with removal of the dumpster to avoid such charge. Scheduled removal date is the date Haulstr may pick-up the dumpster. The Customer may extend the Rental Period, for a fee, by notifying Haulstr no later than 9:00 a.m. the business day prior to the scheduled pick-up date listed on the confirmation email and/or invoice. Extensions requested after this time may not be granted.

During peak periods, Haulstr may not be able to pick-up the dumpster on the scheduled pick-up date. In the event this occurs, the customer will not be charged for the rental period beyond the scheduled pick-up date. Haulstr may pick up the dumpster on or after the Scheduled Pick-Up Date without prior notice. It is the Customers responsibility to contact Haulstr if any changes occur after scheduled date that may affect the pick-up, including but not limited to inclement weather, vehicles blocking dumpster, and/or acts of God to avoid additional trip fees. Haulstr reserves the right to pick-up the dumpster at any time on the scheduled pick-up date or thereafter, with or without notice to Customer regardless of the time-of-day dumpster was delivered. Customer must remove any items attached to dumpster (tarps, straps, locks, etc.) before the pickup date. Haulstr has no obligation to remove/return these items to the Customer. If a Swap Out order cannot be completed at the time Haulstr arrives to do such, it will then revert to a regular Dumpster Rental and any appropriate fees will be applied to

the Customer’s account.

Haulstr understands that situations may arise, after a delivery is completed, that the Customer may need to request an unscheduled pick-up and/or re-delivery of an (empty) dumpster that has already been paid for. In these situations, if the Customer requests Haulstr to pick-up and redeliver at another time, a fee of One Hundred Fifty Dollars ($150.00) will be assessed plus the cost of delivery, if applicable.

  1. Customer acknowledges that the size and weight of the delivery vehicle and/or dumpster, particularly when full, may potentially cause damage to the Location. In no event, shall Haulstr its shareholders, officers, directors, employees, agents, and representatives be responsible for any damage or destruction caused by the dumpster, the dumpsters placement, the attempted placement of the dumpster, and/or the attempted removal of the dumpster at the

Location including but not limited damage to persons or property, grass, lawns, shrubbery, curbs, driveways, walks, trees, patios, sprinkler systems and/or objects or equipment at the Location. If the Dumpster is placed on a lawn or other soft surface at the Customer’s request, and Haulstr is unable to pick up the dumpster due to weather or any other conditions of the lawn or other soft surface, the rental will be extended, at a fee of $15.00 per day, to the Customer, until such time the Dumpster can be removed.

  1. All agreements are contingent upon strikes, accidents, or delay including but not limited to inclement weather, delays in vendors’ shipments, and/or acts of God.

 

  1. Customer shall indemnify, release, and hold harmless Haulstr its shareholders, officers, directors, employees, agents, and representatives, from and against any, and all claims, damages, suits, liabilities, debts, and obligations, including without limitation attorneys’ fees and costs, arising out of or directly or indirectly related to: (a) the placement, filling and/or removal of the dumpster in, on or about the Location; and (b) Customer’s violation of any provision set forth in this Agreement.

 

  1. Customer is responsible for carrying broad form casualty and property (both real and personal) insurance and any other necessary insurance covering the Location, and Customer shall be solely responsible for any, and all loss, theft or damage that occurs with respect to the dumpster while it is at the Location. Customer shall not attempt to remove the gates from the dumpster and/or move the dumpster. Removing the gates and/or moving the dumpster will cause damage to Location and/or dumpster. In the event the customer removes the gates and/or moves the dumpster from the delivery Location, customer shall pay Two Hundred Fifty Dollars ($250.00) plus damage to the dumpster. Customer is responsible for any, and all damages as a result of removing the gates and/or moving dumpster. Customer is also

responsible for damage done when loading the dumpster with equipment. In the event damage is done to the dumpster and is unable to be rented, Customer shall pay Twenty-Five Dollars ($25.00) each day dumpster is out of service, plus the cost of repairs.

  1. It is agreed that no transfer, renewal, extension or assignment of this Agreement or any interest herein shall release Customer from any obligation hereunder, and any loss, injury to or destruction of the dumpster and/or the Location shall not entitle the Customer to any return of any payment made hereunder. 

 

  1. All rights of Haulstr in, to and under this Agreement shall pass to and may be exercised by an assignee thereof without notice to or consent of Customer. Customer agrees that, if Haulstr makes an assignment of said rights, the liability of Customer to the assignee and the rights and remedies of assignee will be immediate and absolute.

 

  1. Customer represents that Customer is not relying on any warranty or representation of Haulstr. No modification or additions to this Agreement shall be binding unless in a writing and signed by obligated party. Notices hereunder should be sent to: Haulstr, 484 E. Carmel Drive, Suite 129, Carmel, IN 46032

 

  1. In the event, any provision of this Agreement shall be held ineffective, the remainder of this Agreement shall remain in full force and effect.

 

  1. This Agreement shall be binding upon the parties hereto and their successors and assigns.

 

  1. The Customer is responsible to notify Haulstr in writing at least twenty-four (24) hours in advance of delivery of the dumpster of any utilities, sprinkler systems, satellite, or cable TV cables around the Location where the dumpster is to be placed. If any of the above-mentioned items are damaged, in the areas described, the Customer shall bear the entire cost of repair and relocation. The same twenty-four (24) notice is required if dumpster must be picked up prior to the scheduled pick-up date. Haulstr cannot guarantee any dumpster will be removed by any desired time without giving proper notice first.

 

  1. A payment is delinquent hereunder when the final payment is not received within the rental period set forth as agreed upon by Haulstr and Customer. A one and one-half percent (1.5%) per month service charge will be assessed [eighteen percent (18%) per year] on all amounts due Haulstr that are not paid by the date due. Should Customer fail to permit Haulstr to deliver, empty or remove the dumpster as agreed between the parties for any reason whatsoever, Haulstr shall be relieved of any obligation hereunder, and the Customer agrees to pay Haulstr any, and all damages sustained by Haulstr.

Customer gives Haulstr permission to charge the payment method on file for the initial rental fees and any outstanding charges after giving notice to Customer.

 

  1. In the event a check submitted by Customer is dishonored or otherwise returned to Haulstr or Customer stops payment on any check or reverses a credit card charge, Customer shall immediately pay Seventy-Five Dollars ($75.00) to Haulstr in addition to any, and all late fees and other rights and remedies hereunder, at law, in equity or otherwise for each occurrence. Customer agrees that, in the event payment is not made in accordance with this Agreement and the claim is turned over for collection or Customer is otherwise in violation of any provision of this Agreement, the undersigned Customer agrees to pay to Haulstr any and all interest (as provided herein), attorneys’ fees and court costs incurred by Haulstr in connection with enforcement of this Agreement. All rights and remedies of Haulstr set forth herein are cumulative and are in addition to all rights and remedies Haulstr may have at law, in equity or otherwise.

Returned checks or credit card declines with no payment before pick-up date will result in being charged for another rental fee for the size of dumpster and same period of time rented. These charges will be repeated until payment is satisfied.

 

  1. Customer acknowledges that he/she has read and knows the contents thereof, and understands that no other agreement, written, verbal or otherwise, is binding upon the parties thereto, and that this written Agreement contains the entire terms of the Agreement. You have the right to cancel your order within 24 hours prior to your scheduled delivery. Cancellations and/or reschedules made on the day of scheduled delivery will be charged a fee of One Hundred dollars ($100.00).

Service Partner Services: 

In an effort to help customers locate quality, local service providers, Haulstr lists third party services on its website. The Service Provider name will be viewable on the Haulstr website, and you will book service directly with the Service Partner. When you hire a Service Partner, the Service Partner fulfills your order and is liable for the delivery of the service.  Haulstr is not liable for jobs booked via Services Partners recommended, whether the recommendation happens on its website or via communications with its employees. Please contact the Service Provider directly for any customer service questions. Should a dispute arise,Haulstr can be an advocate for you but is not able to offer refunds or guarantee work booked directly with a Service Partner.

Limitation of Liability:

(A) IN NO EVENT SHALL HAULSTR BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT HAULSTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. (B) IN NO EVENT SHALL HAULSTR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED ONE TIME THE AGGREGATE AMOUNTS ACTUALLY PAID TO THE COMPANY PURSUANT TO THIS AGREEMENT.

(C) The limitation of liability set forth in Sections (A) and (B) above shall not apply to liability resulting from Haulstr’s  gross negligence or willful misconduct. 

Disclaimer of Warranty:

HAULSTR MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

Privacy Policy:

Haulstr collects certain Customer information as a part of our ordering process, including name, address, login credentials, email address, and credit card information. Our ecommerce platform is powered by Shopify, and the Haulstr checkout is powered and secured by Stripe, each a  world-leading provider. Your financial information will not be saved on Haulstr servers nor shared with 3rd parties. We take your privacy very seriously. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your contact information, we cannot guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk. Haulstr reserves the right to share your address, name, and contact information with Drivers, Installers, independent contractors, or, Service Partners who will fulfill the service,  and we may share your information with the local cause partner you chose to support when placing your order.