Terms of Service

1. Acceptance of These Terms

Pathfinder Waste, LLC (“Pathfinder,” “we,” or “us”) agrees to arrange for the provision and delivery of certain waste removal services, including the provision of required roll-off dumpsters, containers, and other related equipment (“Equipment”), to the customer named on a service order (“Customer” or “you”), collectively the “Services,” on the basis of these Terms of Service (“Terms”). By placing an order, accepting a quote, or accepting delivery of Equipment, you agree that the arrangement and delivery of Services are subject to these Terms.

These Terms, together with your order confirmation, quote, or invoice (each a “Service Order”), are the entire agreement between you and Pathfinder for the Services. They replace any prior discussions and any terms printed on your purchase order or other documents. If a Service Order conflicts with these Terms, the Service Order controls for that order only.

2. How Pathfinder Provides Service

Pathfinder arranges Services through its network of independent haulers, disposal facilities, and vendors (“Service Providers”). Every Service Order is accepted subject to Pathfinder’s ability to arrange the Services through a Service Provider in your area.

Service Providers are independent contractors. They are not employees or agents of Pathfinder. Pathfinder is not a motor carrier and does not operate the trucks. Pathfinder is not the owner or operator of the dumpsters, trucks, or disposal facilities used to fulfill your order.

3. Ordering

Orders may be placed by phone, email, or through our website. We may confirm your order by email or text message. You are solely responsible for reviewing and confirming all details of each Service Order, including Equipment size, weight limit, debris type, delivery address, delivery date, rental period, price, and applicable fees. Tell us right away if anything is wrong.

You are responsible for scheduling pickup. Equipment is not assumed ready for pickup at the end of the rental period unless you have requested pickup or your Service Order states a fixed pickup date. Contact Pathfinder, not the Service Provider, to schedule, change, or cancel service. Phone numbers printed on the Equipment belong to the Service Provider and should not be used to manage your order.

4. Equipment and Placement

Equipment is provided “as is.” Neither Pathfinder nor any Service Provider makes any warranty about the Equipment, express or implied, including any warranty of merchantability or fitness for a particular purpose.

Delivery and pickup times are estimates. Weather, road conditions, traffic, motor vehicle accidents, landfill delays, and equipment failure can cause delays outside the Service Provider’s control. Pathfinder is not liable for any cost, loss, or damage you incur because of a delay.

You choose where the Equipment is placed. The location must be firm, level, stable, and clear of overhead and ground obstructions, with enough room for a roll-off truck to enter, set the Equipment, and leave safely. You are responsible for damage to driveways, pavement, curbs, lawns, landscaping, irrigation, wells, septic systems, and underground utilities that results from placing, storing, or removing the Equipment at the location you chose. Do not move the Equipment once it is placed.

If a Service Provider arrives and cannot complete a delivery, pickup, or swap because the site is blocked, inaccessible, or unsafe, or because the Equipment is overloaded or improperly loaded, the trip is a “dry run.” You will be charged the dry run fee stated in your Service Order or quote, plus any additional cost Pathfinder incurs to reschedule.

5. Risk of Loss and Damage to Equipment

From delivery until the Service Provider picks up the Equipment, you bear all risk of loss or damage to it, including loss or damage caused by theft, vandalism, fire, weather, use, or misuse. You must return the Equipment in the condition you received it, except for normal wear and tear. You are responsible for the cost to repair or replace Equipment that is lost or damaged while in your possession.

You are responsible for personal injury and property damage that arises from your or your agents’ negligence, unauthorized movement of the Equipment, or misuse of the Equipment.

6. Prices and Payment

Prices shown on our website are estimates. Your price is confirmed in your Service Order. Unless your Service Order states otherwise, payment is due when you place the order, and you authorize Pathfinder to charge your payment method for the order total and for any additional charges that arise under these Terms, including overage, extended rental, dry run, contamination, and prohibited material charges. This authorization remains in effect until 120 days after the Equipment is picked up.

Invoiced balances are due on the date stated on the invoice. Overdue balances accrue interest at the lesser of 1.5% per month or the highest rate permitted by law. You agree to pay reasonable costs of collection, including attorneys’ fees. Pathfinder may suspend service, or arrange for the Service Provider to remove Equipment, on any account that is past due.

7. Cancellation and Changes

You may cancel or reschedule a delivery at no charge by notifying Pathfinder before 3:00 p.m. local time on the business day before the scheduled delivery date. Cancellations or changes after that time are subject to the cancellation fee stated in your Service Order or quote, plus any cost Pathfinder has already incurred with the Service Provider. Once Equipment has been delivered, the order cannot be cancelled and the full order price applies.

8. Weight Limits, Overage, and Contaminated Loads

Each Service Order includes a weight limit. You are solely responsible for staying within it. Loads that exceed the limit are charged the overage rate stated in your Service Order or quote for each additional ton or fraction of a ton, plus any additional disposal cost. Overage is determined by the disposal facility’s certified scale.

Materials must be contained within the Equipment and may not extend above the top rail or beyond the sides. A Service Provider may refuse to haul an overloaded or unsafe load until you correct it, and the trip will be treated as a dry run.

If a load contains materials that the disposal facility will not accept, or that require separate handling, sorting, testing, or disposal at a different facility, you will be charged the actual cost of that handling and disposal, plus any related fines or penalties.

9. Permits

You are solely responsible for determining whether a permit is required to place Equipment at your location, including on a street, sidewalk, or public right-of-way, and for obtaining and maintaining that permit. If you do not have a required permit, the Service Provider may decline delivery or remove the Equipment without notice, and you remain responsible for all charges.

10. Prohibited Materials

You may not place any of the following in the Equipment, unless your Service Order expressly allows it:

• Hazardous, toxic, flammable, or explosive materials
• Asbestos and asbestos-containing materials
• Paint, solvents, oils, fuels, antifreeze, and other liquids
• Batteries, tires, propane tanks, and pressurized containers
• Refrigerators, air conditioners, and other appliances containing refrigerant
• Medical, biological, and radioactive waste
• Electronics, fluorescent bulbs, and other items restricted by law in your area
• Any material the disposal facility or Service Provider refuses to accept

Title to and liability for prohibited materials remain with you at all times. You are responsible for all charges, fines, penalties, cleanup costs, and damages relating to prohibited materials placed in the Equipment, whether placed by you or by anyone else while the Equipment is at your location.

11. Indemnification

You agree to indemnify, defend, and hold harmless Pathfinder, its officers, members, employees, agents, affiliates, successors, and assigns, and the Service Provider on your order, from and against any claim, loss, liability, damage, fine, cost, or expense (including reasonable attorneys’ fees) asserted by any third party that arises from or relates to:

• Overage, contamination, or other charges under these Terms
• Your failure to obtain or maintain a required permit
• Your use, storage, or deposit of prohibited materials in the Equipment
• Loss of or damage to the Equipment while at your location
• Personal injury or property damage relating to your use or possession of the Equipment
• Damage to streets, driveways, walkways, pavement, curbs, wells, irrigation systems, landscaping, lawns, septic systems, or underground utilities at the location you chose
• Your movement of the Equipment or your violation of these Terms or applicable law

12. Limitation of Liability

Pathfinder’s total liability for any claim arising out of or relating to these Terms or the Services is limited to the amount you paid Pathfinder for the specific Service Order giving rise to the claim. Pathfinder is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or business interruption, even if advised of the possibility of those damages.

Except in the event of gross negligence or intentional misconduct, you waive all claims against Pathfinder relating to or arising from your use of the Equipment, including damage to your property, pavement, landscaping, or underground utilities from the placement, storage, or removal of the Equipment, and damage from leaks or stains relating to use of the Equipment.

13. Claims and Notice

Any claim you have against Pathfinder relating to the Services must be made in writing to Pathfinder within six months after the Equipment is picked up. If you do not give written notice within that time, the claim is waived.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration is Austin, Travis County, Texas. You and Pathfinder each waive any right to a jury trial and to participate in a class or representative action. Either party may seek to collect unpaid amounts or obtain injunctive relief in a court of competent jurisdiction in Travis County, Texas.

15. General Terms

You may not assign these Terms or a Service Order without Pathfinder’s prior written consent. Pathfinder may assign them without your consent. If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Pathfinder’s failure to enforce a provision is not a waiver of it. Neither party may use the other’s name or logo in marketing without prior written permission. Pathfinder reserves all rights and remedies available at law or in equity.

16. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with a new effective date and apply to any Service Order you place or accept after that date. We encourage you to review these Terms periodically.

17. Contact Us

If you have questions about these Terms, contact us at:

Pathfinder Waste, LLC

(512) 548-4940
service@pathfinderwaste.com

1606 Headway Cir STE 9539 Austin, TX 78754