Terms & Conditions

Terms & Conditions

Spruce Creek Solutions, LLC d/b/a BULKBOXX

3106 Waterway Place

Port Orange, FL 32128

grepace@bulkboxx.com

(386) 342-2337


Last Updated: April 30, 2026

These Terms and Conditions govern the use of services provided by BULKBOXX, a service operated by Spruce Creek Solutions, LLC, a Florida limited liability company.

By booking services, renting equipment, purchasing products, or using the BULKBOXX website, the customer agrees to the following terms.


TERMS & CONDITIONS — Section 1: Equipment Responsibility

Customers acknowledge that they have care, custody, and control of all BULKBOXX equipment while it is in their possession or located at the customer’s service address.

Customers accept full responsibility for any loss, theft, or damage to equipment during the rental period.

If equipment is lost, stolen, or damaged beyond normal wear and tear, the customer agrees to pay the applicable replacement value.

Replacement values may include:

 Moving Crates — $52 per crate
 Heavy Duty Steel Moving Dollies — $150 per dolly
 Other equipment — replacement cost as determined by BULKBOXX pricing list

Customers acknowledge that their responsibility for equipment includes loss, damage, or destruction caused by theft, vandalism, or third-party actions occurring while the equipment is in the customer’s care, custody, or control, regardless of fault.

In the event that equipment is not returned as agreed, BULKBOXX reserves the right, to the fullest extent permitted by applicable law, to access the service address or any location where the equipment is reasonably believed to be located, with reasonable notice where practicable, for the purpose of retrieving its equipment.

BULKBOXX will comply with all applicable laws governing access to private property and equipment recovery.

The customer agrees to cooperate fully with any such recovery efforts and shall be responsible for any costs incurred in connection with retrieval, including but not limited to transportation, labor, and legal expenses.

BULKBOXX retains all ownership rights in rented equipment and reserves all remedies available under applicable Florida law for recovery of its property.

Title to all equipment remains with BULKBOXX at all times. Risk of loss transfers to the customer upon delivery and remains with the customer until equipment is returned and accepted.

Equipment condition shall be determined upon inspection by BULKBOXX at the time of return or retrieval, and such inspection records and documentation may be relied upon as presumptive evidence regarding equipment condition absent substantial contrary evidence.

Any such retrieval efforts shall be limited to lawful access areas and shall not include entry into any locked structure, dwelling, fenced area, or secured enclosure without express permission, court order, or other legal authorization.


TERMS & CONDITIONS — Section 2: Equipment Condition and Cleaning

Customers agree to return all equipment in clean and usable condition.

Equipment must be free of:

 Stickers
 Tape residue
 Liquids
 Dirt or soil
 Hair or debris
 Food waste or organic materials

 

If equipment is returned excessively dirty or contaminated, a cleaning fee of up to $50 will be assessed based on the level of cleaning required. Cleaning fees will be deducted from the security deposit on file per Section 7.4. If the cleaning fee exceeds the deposit balance, the remaining amount will be charged to the credit card on file.


TERMS & CONDITIONS — Section 3: Rental Period and Late Returns

3.1 Scheduled Return Obligation

Customers are responsible for returning all equipment or making it available for pickup by the agreed return date and time specified in the booking confirmation.

Customers acknowledge that timely return of equipment is essential to BULKBOXX operations and the availability of equipment for other customers.

3.2 Late Return Charges

If equipment is kept beyond the scheduled rental period without prior written authorization from BULKBOXX, the following late return charges will apply:

·        A daily late fee of $1.75 per crate per day will be assessed for each calendar day beyond the scheduled return date

·        For equipment other than crates, a daily late fee equivalent to 5% of the equipment's replacement value per day as set forth in Section 3.4 will apply for each calendar day beyond the scheduled return date.

·        Late fees will begin accruing on the first calendar day following the scheduled return date

·        Late fees will be deducted from the security deposit on file per Section 7, with any remaining balance charged to the credit card on file

·        BULKBOXX will notify the customer in writing when late fees begin accruing

·        The parties agree that such fees represent a reasonable estimate of damages and are not penalties.

·        Time is of the essence with respect to all return and payment obligations.

 

Customer acknowledges that late fees are a reasonable estimate of administrative burden, lost rental opportunity, and operational disruption.

3.3 Extended Rental Authorization

Customers who require additional rental time beyond the originally scheduled period must:

·        Contact BULKBOXX in writing at least 24 hours before the scheduled return date to request an extension

·        Receive written confirmation of the extension from BULKBOXX before the original return date passes

·        Acknowledge that extension approval is subject to equipment availability and operational scheduling

 

Verbal requests for extensions are not valid. Written confirmation from BULKBOXX is required for all rental period extensions.

3.4 Abandonment and Replacement Value

If equipment has not been returned and there has been no communication to extend the rental within 30 days after the scheduled return date, the customer may be charged the full retail replacement value of the unreturned equipment as follows:

·        Moving Crates — $52 per crate

·        Heavy Duty Steel Moving Dollies — $150 per dolly

·        Other equipment — replacement cost as determined by BULKBOXX pricing list

 

Assessment of replacement value charges does not transfer ownership of the equipment to the customer. BULKBOXX reserves the right to pursue recovery of equipment and all associated costs through legal action if necessary.

Payment of replacement value does not transfer ownership rights unless expressly agreed in writing by BULKBOXX.

3.5 Cross-Reference

Late return fees and replacement value charges are subject to deposit deduction and credit card authorization as outlined in Section 7 of these Terms and Conditions.

BULKBOXX may, but is not obligated to, provide the customer with a reasonable opportunity to cure any non-compliance prior to assessing charges, where practicable.


TERMS & CONDITIONS — Section 4: Scheduling and Appointment Responsibility

4.1 Customer Scheduling Obligation

Customers are responsible for scheduling delivery and pickup appointments at times when a responsible adult aged 18 or older will be present at the service address or has made prior arrangements acceptable to BULKBOXX for unattended delivery.

4.2 Rescheduling Notice Requirement

If an appointment must be rescheduled or cancelled, customers must provide notice to BULKBOXX at least 48 calendar hours before the scheduled appointment time.

Notice must be provided:

·        In writing via email or through the BULKBOXX booking platform

·        Verbal or phone-only notice does not satisfy the 48-hour written notice requirement

·        Customers are responsible for confirming receipt of their rescheduling request

 

4.3 Insufficient Notice Fees

Failure to provide at least 48 calendar hours written notice prior to a scheduled appointment may result in the following fees:

·        Cancellation fee — 50% of the base service fee quoted at the time of booking, excluding applicable taxes, delivery fees, and the refundable security deposit.

·        Redelivery fee — $50.00

·        Trip charge if driver or delivery personnel have already been dispatched — $50.00

 

These fees are cumulative and may all apply if a driver has already been dispatched at the time of cancellation or rescheduling. All fees will be deducted from the security deposit on file per Section 7, with any remaining balance charged to the credit card on file.

4.4 Failed Delivery Attempts

If no responsible adult is available at the delivery location at the scheduled appointment time and no prior unattended delivery arrangement has been confirmed:

·        The delivery attempt will be considered a failed delivery

·        A redelivery fee of up to $50.00 will be assessed

·        The customer will be contacted to reschedule at the next available appointment time

·        Redelivery fees will be deducted from the security deposit per Section 7

 

4.5 Repeated Failed Appointments

If a customer has two or more failed delivery attempts due to unavailability or insufficient notice:

·        BULKBOXX reserves the right to require prepayment of redelivery fees before scheduling additional attempts

·        BULKBOXX reserves the right to cancel the reservation and retain applicable fees from the deposit

 

4.6 BULKBOXX Scheduling Obligations

BULKBOXX will make reasonable efforts to:

·        Confirm all appointments in writing at least 24 hours in advance

·        Provide customers with an estimated delivery or pickup window

·        Notify customers promptly if BULKBOXX must reschedule due to operational or Force Majeure circumstances per Section 17

Customers acknowledge that all delivery and pickup windows provided by BULKBOXX are estimates only and are not guaranteed.
Delays may occur due to traffic, weather, prior service appointments, or operational conditions.

All reservations are subject to equipment availability. BULKBOXX does not guarantee availability until confirmed in writing.

The parties agree that such fees represent a reasonable estimate of damages and are not penalties.


TERMS & CONDITIONS — Section 5: Authorization to Access Property

5.1 General Access Authorization

By booking services with BULKBOXX, customers grant BULKBOXX and its authorized employees, contractors, and representatives permission to enter the property address listed in the reservation for the purpose of:

·        Delivering rental equipment

·        Picking up rental equipment

·        Servicing or inspecting rental equipment

·        Removing equipment following the conclusion of the rental period

 

5.2 Scope of Access

Customers acknowledge and agree that:

·        Access authorization applies to the specific property address listed in the booking confirmation only

·        Access is limited to areas of the property reasonably necessary to complete delivery, pickup, or service of equipment

·        BULKBOXX personnel will not access areas of the property beyond what is necessary to complete the scheduled service

·        Access authorization remains in effect for the duration of the rental period and until all equipment has been retrieved

 

5.3 Unattended Access

If a customer has made prior written arrangements for unattended delivery or pickup, customers acknowledge that:

·        BULKBOXX personnel may access the property without the customer being present

·        Customers are responsible for ensuring the property is accessible, including providing gate codes, access instructions, or unlocking gates prior to the scheduled appointment

·        BULKBOXX is not responsible for failed deliveries or pickups resulting from inaccessible entry points, locked gates, or missing access information

·        A redelivery fee per Section 4.4 will apply if access cannot be completed due to conditions within the customer's control

 

5.4 Incorrect Access Information

If access information provided by the customer — including gate codes, door codes, or access instructions — is incorrect or outdated:

·        The delivery or pickup attempt will be treated as a failed attempt per Section 4.4

·        A redelivery fee will apply

·        BULKBOXX is not liable for any delay in service resulting from incorrect access information provided by the customer

 

5.5 Equipment Release Authorization

Customers agree that:

·        Rental equipment will only be released to and retrieved by authorized BULKBOXX personnel

·        Customers may not authorize third parties to retrieve or remove BULKBOXX equipment from the service address without prior written consent from BULKBOXX

·        BULKBOXX reserves the right to refuse equipment release to any individual who cannot be verified as an authorized BULKBOXX representative

 

5.6 Incidental Property Contact

Customers acknowledge that delivery and pickup of heavy equipment may involve:

·        Use of delivery vehicles on or near the property driveway or access area

·        Use of dollies, hand trucks, or mechanical equipment to move items

·        Incidental contact with driveways, walkways, or access surfaces during normal delivery and pickup operations

 

BULKBOXX will take reasonable care during delivery and pickup operations. However, customers acknowledge that surface damage resulting from equipment delivery or pickup is subject to the limitations outlined in Section 8 and the Damage Waiver Section 2.

5.7 Third-Party Access Requests

If a customer wishes to authorize a third party — such as a property manager, contractor, or family member — to be present for delivery or pickup in place of the customer:

·        The customer must provide written notice to BULKBOXX at least 24 hours before the scheduled appointment

·        The authorized third party must be at least 18 years of age

·        The customer remains fully responsible for all rental terms, fees, and equipment conditions regardless of whether a third party accepts delivery or is present at pickup


TERMS & CONDITIONS — Section 6: Ownership of Equipment

6.1 Title and Ownership

All equipment rented through BULKBOXX remains the sole and exclusive property of BULKBOXX at all times, regardless of the duration of the rental period or any amounts paid by the customer. No rental payment, deposit, or other charge shall be construed as a purchase, installment payment toward ownership, or transfer of any ownership interest in the equipment.

Title to all equipment remains with BULKBOXX at all times and shall not transfer to the customer under any circumstances unless expressly agreed to in a separate written agreement signed by an authorized representative of BULKBOXX.

6.2 Prohibited Actions

Customers may not, under any circumstances:

·        Sell, offer to sell, or transfer ownership of the equipment to any third party

·        Sublease, subrent, or otherwise make the equipment available for use by any third party for compensation

·        Rent the equipment to another party in any form

·        Transfer physical possession of the equipment to any individual or entity not authorized in writing by BULKBOXX

·        Use the equipment as collateral, security, or in connection with any financial transaction

·        Remove identifying markings, serial numbers, or ownership labels from the equipment

·        Modify, alter, or permanently affix anything to the equipment without prior written consent from BULKBOXX

 

6.3 Consequences of Unauthorized Transfer

Unauthorized transfer, sublease, sale, or encumbrance of BULKBOXX equipment constitutes a material breach of this agreement. Upon discovery of any such breach, BULKBOXX reserves the right to take any or all of the following actions immediately and without prior notice:

·        Assess the full retail replacement value of the transferred equipment per Section 3.4

·        Declare all outstanding rental fees, deposits, and charges immediately due and payable

·        Pursue indemnification obligations against the customer per Section 14

·        Initiate legal action for recovery of equipment and all associated costs per Section 1, including transportation, labor, and legal expenses

·        Report the equipment as converted property to appropriate law enforcement authorities where applicable under Florida law

 

The customer shall remain fully liable for all obligations under these Terms and Conditions regardless of whether the equipment has been transferred to a third party, and shall be responsible for all costs incurred in recovering the equipment from any third party to whom it was transferred.

6.4 Legal Remedies

BULKBOXX reserves all rights and remedies available under applicable Florida law and these Terms and Conditions to recover its equipment and collect any unpaid charges, fees, damages, or other amounts due and owing from the customer.

 

6.5 Customer Obligation to Protect Ownership

Customers are responsible for taking reasonable steps to protect BULKBOXX equipment from theft, unauthorized access, or use by third parties while the equipment is in their care, custody, and control. If the customer becomes aware of any unauthorized use, transfer, or attempted transfer of BULKBOXX equipment, the customer must notify BULKBOXX immediately in writing.

Failure to notify BULKBOXX of known or suspected unauthorized use or transfer may be treated as a contributing factor to any resulting loss and may be considered in the assessment of replacement value charges and indemnification obligations.

6.6 Cross-References

·        Replacement value charges for lost, stolen, or unreturned equipment are set forth in Section 3.4

·        Equipment recovery rights and security interest provisions are set forth in Section 1

·        Indemnification obligations arising from unauthorized transfer or misuse are set forth in Section 14

·        Customer responsibility for equipment in possession of third parties is addressed in Section 5.7


TERMS & CONDITIONS — Section 7: Credit Card Authorization and Deposit Policy

7.1 Credit Card on File

By booking services with BULKBOXX, customers authorize BULKBOXX to securely maintain a valid credit card or debit card on file for the duration of the rental period and until all services have been completed and all equipment has been returned and inspected.

Customers represent that:

·        They are the authorized account holder for the payment method provided

·        The payment method provided is valid and has sufficient funds or credit available

·        They will promptly update payment information if the card on file expires or is cancelled during the rental period

 

7.2 Refundable Security Deposit

·        At the time of booking, customers will be charged a refundable security deposit as outlined in the booking confirmation.

·        Crate Rental: $16.00 per crate

·        Dump Trailer Rental (DIY): $500.00 at time of drop off

·        Junk Removal / Cleanout Services: as quoted at time of booking

·        Combined Services: as quoted at time of booking

·        The security deposit will be held by BULKBOXX and applied toward any eligible charges as described in this section.

·        Any remaining deposit balance will be returned to the customer’s original payment method after the following conditions have been satisfied:

·        Completion of all scheduled services

·        Return and inspection of all rental equipment

·        Confirmation that no prohibited or hazardous materials were included in the load

·        Confirmation that no landfill rejection, fine, or disposal surcharge has been assessed

·        Deposits are typically processed within 3–5 business days; however, processing may take up to 7 business days depending on final charges, landfill processing, and financial institution timelines.

·        Deposit processing timelines shall begin only after final charge determination, including receipt of any applicable landfill tickets, fees, or third-party charges.

 

7.3 Deposit Holds and Processing

Customers acknowledge that:

·        The security deposit will appear as a charge on the payment method at time of booking

·        Refunds will be processed back to the original payment method only

·        Processing times for refunded deposits may vary depending on the customer's bank or card issuer, typically between 3 to 10 business days after BULKBOXX initiates the refund

·        BULKBOXX is not responsible for delays caused by the customer's financial institution

 

7.4 Conditions for Deposit Deduction or Forfeiture

BULKBOXX reserves the right to deduct from or forfeit the customer's security deposit, in whole or in part, for any of the following:

Equipment-Related Charges:

·        Loss, theft, or unreturned equipment beyond the scheduled return date

·        Damage to equipment beyond normal wear and tear

·        Excessive cleaning fees resulting from returned equipment that is dirty, contaminated, or contains prohibited residue

 

Service-Related Charges:

·        Late return fees for equipment kept beyond the agreed rental period

·        Redelivery or cancellation fees resulting from missed or rescheduled appointments without sufficient notice

·        Additional rental charges for extended use beyond the scheduled period

 

Disposal and Hazardous Material Charges:

·        Landfill rejection fees assessed as a result of prohibited or hazardous materials included in the customer's load

·        Additional disposal fees for overweight loads or materials requiring special handling

·        Fines, penalties, or surcharges imposed on BULKBOXX by landfill operators, waste facilities, or regulatory agencies as a direct result of prohibited materials placed in BULKBOXX equipment by the customer

·        Hazardous material remediation or cleanup costs incurred as a result of the customer's load

 

7.5 Hazardous Material Deposit Protection

Customers acknowledge that:

·        Landfills and waste disposal facilities may assess significant fines and rejection fees for loads containing prohibited or hazardous materials

·        These fines may be assessed after the customer's service has been completed and after the initial deposit has been processed

·        If a landfill fine, rejection fee, or hazardous material surcharge is assessed against BULKBOXX as a result of the customer's load, the full amount of such fine or fee will be deducted from the customer's security deposit

·        If the fine or fee exceeds the amount of the security deposit held, the customer authorizes BULKBOXX to charge the remaining balance to the credit card on file

·        BULKBOXX will provide the customer with written documentation of any landfill-assessed fine or fee applied against the deposit

 

7.6  Deposit Deduction Notice

If any deductions are made from the customer’s security deposit, BULKBOXX will:

• Notify the customer in writing via email within 3–5 business days following completion of service and final charge determination
• Provide an itemized statement of all charges deducted from the deposit
• Return any remaining deposit balance to the customer’s original payment method within 3–7 business days of the deduction notice, subject to standard processing timelines

If the customer disputes a deposit deduction, they must notify BULKBOXX in writing within 5 business days of receiving the deduction notice. Disputes received after this period will not be considered absent exceptional circumstances.

7.7 Authorization to Charge Beyond Deposit

In the event that charges, fines, fees, or damages exceed the amount of the security deposit held, customers authorize BULKBOXX to charge the additional balance to the credit card on file.

Charges beyond the deposit may include, but are not limited to:
• Equipment replacement values as outlined in Section 1
• Landfill fines, rejection fees, or surcharges exceeding the deposit amount
• Cleaning, remediation, or hazardous material handling costs
• Additional rental charges, late fees, or service-related fees

BULKBOXX will provide written notice and an itemized statement prior to processing any charges beyond the original deposit amount, except where immediate payment or remediation is required by a landfill operator, governmental authority, emergency response provider, or environmental contractor.

Any additional charges will be processed within a reasonable timeframe following final charge determination, consistent with the timelines outlined in Sections 7.2 and 7.6.

 

7.8 Rental Fees and Standard Charges

In addition to the security deposit, customers authorize BULKBOXX to charge the payment method on file for all standard rental and service fees, including:

·        Base rental fees as quoted at time of booking

·        Delivery and pickup fees

·        Extended rental charges

·        Any applicable taxes or surcharges

 

All service fees, trip charges, and cancellation fees are non-refundable once incurred.

7.9 Payment Disputes and Chargebacks

Customers agree to contact BULKBOXX directly to resolve any billing disputes before initiating a chargeback with their financial institution.

BULKBOXX will make reasonable efforts to resolve billing disputes within 5 business days of receiving written notice from the customer.

Customers acknowledge that initiating a chargeback without first attempting resolution with BULKBOXX may result in:

·        Suspension of future booking privileges

·        Recovery of chargeback-related fees and costs

·        Legal action if the chargeback is found to be unwarranted

 

Customer agrees to pay all costs of collection, including attorney’s fees, court costs, and collection agency fees.


TERMS & CONDITIONS — Section 7A: Fuel and Operational Cost Adjustments

7A.1 Right to Assess Surcharges

BULKBOXX reserves the right to apply reasonable fuel surcharges or operational cost adjustments in response to significant increases in fuel prices, disposal facility fees, or other direct external operational expenses beyond BULKBOXX's reasonable control.

7A.2 Surcharge Trigger and Cap

A fuel or operational surcharge may only be applied when the relevant cost has increased by more than 15% above the prevailing rate at the time the customer's service was originally quoted. Any such surcharge shall not exceed 10% of the base service fee quoted at the time of booking, excluding taxes, delivery fees, and deposit amounts.

7A.3 Customer Notice

Customers will be notified of any applicable surcharge in writing at least 24 hours prior to the scheduled service date. Notification will be provided via email or text message to the contact information on file. If a customer objects to a surcharge, they may cancel their service without penalty within 24 hours of receiving the surcharge notice, provided the service has not yet commenced.

7A.4 Non-Application to Confirmed Bookings

Fuel or operational surcharges will not be applied retroactively to services that have already been completed. Surcharges apply only to services scheduled after the surcharge notice has been issued.


TERMS & CONDITIONS — Section 8: Equipment Placement and Property Conditions

8.1 Customer Placement Responsibility

Customers are solely responsible for selecting a safe, suitable, and accessible location for equipment placement at the service address.

BULKBOXX will place equipment at the customer's designated location as directed at the time of delivery. Customers acknowledge that once equipment has been placed at the designated location, BULKBOXX is not responsible for any resulting surface damage or conditions arising from that placement.

Customers shall inspect the placement location and equipment immediately following delivery and notify BULKBOXX in writing within 4 hours of delivery of any concerns regarding placement, access, or visible damage or unsafe conditions.

8.2 Placement Location Requirements

All equipment placement locations must meet the following minimum requirements:

·        Level and stable surface capable of supporting the full weight of the equipment and its contents

·        Free from overhead obstructions including power lines, tree branches, awnings, or roof overhangs

·        Accessible to delivery vehicles without requiring passage over surfaces not designed for heavy vehicle traffic

·        Clear of irrigation heads, utility access panels, and visible underground utility markers

·        Compliant with applicable HOA rules, municipal codes, and permit requirements as outlined in Section 9

 

8.3 Surface Damage Disclaimer

Customers acknowledge that heavy equipment including dump trailers, portable storage containers, and loaded moving crates may place significant pressure and weight on surface materials.

BULKBOXX is not responsible for damage to any surface or subsurface conditions at the placement location, including but not limited to:

·        Driveways, whether concrete, asphalt, pavers, gravel, or dirt

·        Decorative stone, brick, or hardscape surfaces

·        Landscaping, sod, or ground cover

·        Irrigation systems, sprinkler heads, or drainage infrastructure

·        Underground utilities, pipes, or conduits

·        Sidewalks or public right-of-way surfaces

 

Customers assume full responsibility for any surface or subsurface damage resulting from equipment placement at the location they have designated.

BULKBOXX shall not be responsible for damage to vehicles, structures, fences, garages, overhangs, or other property located within or adjacent to the access or placement path where such damage results from restricted access, tight clearances, or obstacles not disclosed by the customer.

Customers acknowledge that BULKBOXX does not inspect or evaluate subsurface conditions, hidden structural conditions, underground utilities, soil stability, or weight-bearing capacity prior to placement.

8.4 BULKBOXX Right to Decline Unsafe Placement

BULKBOXX and its authorized delivery personnel reserve the right to:

·        Decline to place equipment at a location that appears unsafe, inaccessible, or likely to cause damage to the equipment or property

·        Suggest an alternative placement location if the designated location does not meet safe placement requirements

·        Require customer approval of an alternative placement location before completing delivery

·        Relocate equipment after delivery if site conditions are later determined to be unsafe, non-compliant, or inconsistent with the conditions represented at booking

 

All relocation costs shall be the responsibility of the customer.

If a delivery cannot be completed due to an unsafe or inaccessible placement location that is within the customer's control, a redelivery fee per Section 4.4 will apply.

8.5 Cross-References

·        HOA and local regulation compliance requirements for placement locations are addressed in Section 9

·        Fees resulting from improper placement or required relocation are subject to deposit deduction per Section 7

·        Surface damage liability is further addressed in the Damage Waiver Section 2

·        Force Majeure conditions affecting delivery or placement are addressed in Section 17

 

8.6 — Photographic Documentation and Site Representation

BULKBOXX reserves the right to photograph or video record equipment, placement areas, access routes, and surrounding property conditions before and after delivery and pickup. Such documentation may be used in connection with billing disputes, insurance claims, operational reviews, or legal proceedings.

Customers acknowledge that such documentation may be relied upon as presumptive evidence regarding equipment condition, placement, access conditions, and property conditions, absent substantial contrary evidence.

Customers are responsible for the accuracy and completeness of all site conditions, access conditions, placement instructions, and related representations provided at the time of booking. Any damages, delays, additional fees, failed delivery attempts, or operational costs resulting from inaccurate, incomplete, or misleading information shall be the sole responsibility of the customer.

BULKBOXX reserves the right to retain, archive, or delete photographic documentation in accordance with its internal document retention policies.

BULKBOXX will not publicly use identifiable photographs of customer property for advertising purposes without consent.


TERMS & CONDITIONS — Section 9: HOA and Local Regulation Compliance

9.1 Customer Compliance Responsibility

Customers are solely responsible for ensuring that the placement, use, and presence of BULKBOXX equipment at the service address complies with all applicable:

·        Homeowner association (HOA) rules, bylaws, and architectural guidelines

·        Neighborhood and community regulations

·        Municipal codes and ordinances

·        County regulations, including those applicable in Volusia County, Florida

·        Permit requirements imposed by local governing authorities

·        Utility easement restrictions

·        Deed restrictions or covenant requirements applicable to the property

 

This responsibility specifically includes any temporary right-of-way, street placement, parking, or encroachment permits required by local authorities.

9.2 Customer Obligation to Verify Before Booking

Customers acknowledge that it is their responsibility to:

·        Verify HOA approval requirements before scheduling a delivery

·        Obtain any required permits or authorizations prior to the scheduled delivery date

·        Notify BULKBOXX immediately if permits or HOA approval cannot be obtained before the scheduled delivery

·        Ensure that equipment placement does not violate any applicable restriction or regulation

 

BULKBOXX does not verify, research, or confirm HOA rules, permit requirements, or local regulations on behalf of the customer.

9.3 BULKBOXX Right to Decline or Remove Equipment

Customers acknowledge and agree that BULKBOXX and its authorized delivery personnel reserve the right to:

·        Decline delivery if, upon arrival, it is apparent that placement would violate a visible HOA restriction, posted ordinance, or local regulation

·        Remove or relocate equipment at the customer's expense if equipment is required to be moved due to an HOA violation, municipal order, or regulatory action after delivery

·        Charge a redelivery or relocation fee of up to $50.00 if equipment must be moved or redelivered due to the customer's failure to obtain required approvals prior to delivery

 

Customers acknowledge that the decision to decline delivery or relocate equipment is made at the reasonable discretion of BULKBOXX for the protection of both parties.

9.4 Fines, Violations, and Legal Consequences

BULKBOXX is not responsible for any:

·        HOA fines or violation notices issued to the customer as a result of equipment placement

·        Municipal citations or code enforcement actions related to equipment placement

·        Permit violation fines or penalties

·        Legal fees or costs incurred by the customer in connection with HOA or regulatory disputes

 

If BULKBOXX receives a fine, citation, or order related to equipment placement at the customer's service address that results from the customer's failure to comply with applicable rules or obtain required approvals, the customer agrees to:

·        Reimburse BULKBOXX in full for any fines, penalties, or associated legal costs within 5 business days of written notice

·        Authorize BULKBOXX to deduct such amounts from the security deposit on file per Section 7

·        Authorize BULKBOXX to charge any remaining balance to the credit card on file if the fine or penalty exceeds the deposit amount held

 

9.5 Indemnification for HOA and Regulatory Violations

Customers agree to indemnify, defend, and hold harmless BULKBOXX, its owners, employees, contractors, and partners from any claims, fines, penalties, damages, or legal expenses arising from:

·        The customer's failure to obtain required HOA approval before scheduling delivery

·        The customer's failure to obtain required municipal permits or authorizations

·        Any HOA or code enforcement action resulting from equipment placement at the customer's service address

·        Any third-party claims related to equipment placement in violation of applicable rules or regulations

 

9.6 Placement Alternatives

If a customer's primary placement location is not compliant with HOA or local regulations, customers are encouraged to:

·        Identify an alternative compliant placement location on the property prior to the scheduled delivery

·        Contact BULKBOXX customer support at least 48 hours before the scheduled delivery to discuss alternative placement options

·        Request guidance from BULKBOXX on standard placement dimensions and clearance requirements to assist in identifying a compliant location

 

BULKBOXX will make reasonable efforts to accommodate alternative placement requests, subject to safe and accessible delivery conditions.

9.7 No Guarantee of Regulatory Compliance

Customers acknowledge that BULKBOXX makes no representation or warranty that the placement of BULKBOXX equipment at any given location will comply with applicable HOA rules, local ordinances, or permit requirements.

The customer assumes full responsibility for regulatory compliance at the service address, and BULKBOXX's delivery of equipment does not constitute confirmation that placement is compliant with any applicable rule, regulation, or restriction. This includes street placement permits and parking restrictions where applicable.

Customers are responsible for accurately representing all site conditions, placement requirements, and regulatory considerations at the time of booking.
Misrepresentation or omission of material information may result in additional fees, service delays, or refusal of service.


TERMS & CONDITIONS — Section 10: Abandoned Property and Ownership Transfer

10.1 Scope of Application

This section applies to all services involving junk removal, property cleanout, estate cleanout, or any disposal service where items are placed into BULKBOXX containers, trailers, or equipment for removal.

10.2 Customer Pre-Service Responsibility

Prior to the commencement of any junk removal or cleanout service, customers are solely responsible for:

·        Identifying and removing any items they do not wish to be disposed of from the service area

·        Clearly communicating to all individuals present at the service location which items are designated for disposal and which are not

·        Ensuring that no items of significant personal, financial, sentimental, or legal value are accessible to or commingled with items designated for disposal

·        Notifying BULKBOXX in writing prior to service of any items in the service area that must not be removed under any circumstances

 

BULKBOXX is not responsible for and will not honor claims related to items disposed of when the customer failed to complete the above obligations prior to service commencement.

10.3 Designation of Items for Disposal

Customers acknowledge that once items have been physically placed into BULKBOXX containers, trailers, or equipment — whether by the customer, household members, or any other individual present at the service location — those items are considered designated for disposal and subject to the ownership transfer provisions of this section.

10.4 Voluntary Relinquishment of Ownership

By placing items into BULKBOXX equipment for disposal, the customer voluntarily and irrevocably relinquishes all ownership rights, financial claims, and legal interests in those items.

Upon placement of items into BULKBOXX equipment for removal or disposal, ownership of the discarded items transfers upon removal for disposal in the ordinary course of BULKBOXX operations.

Customers acknowledge that this relinquishment applies to all items placed in BULKBOXX equipment, and that BULKBOXX's obligation with respect to inadvertently placed items is limited to the courtesy recovery process described in Section 10.6.

10.5 Disposition of Discarded Items

BULKBOXX reserves the right to determine the appropriate handling of all discarded items at its reasonable operational discretion, including but not limited to:

·        Disposal at an authorized landfill or transfer station

·        Recycling or repurposing of materials

·        Donation of usable items to charitable organizations

·        Resale of items deemed to have monetary value

 

Customers acknowledge that they forfeit any ownership interest, financial claim, or right to compensation related to items discarded during junk removal or cleanout service, including items that may be donated or resold by BULKBOXX.

10.6 Holding Period for High-Value Claims

In the event that a customer notifies BULKBOXX in writing within 24 hours of service completion that an item of significant value was inadvertently included in a disposal load, BULKBOXX will make reasonable efforts to:

·        Determine whether the item has been processed, transferred to a landfill, or otherwise disposed of

·        Return the item to the customer if it remains in BULKBOXX possession and has not yet been processed for disposal, donation, or resale

 

Customers acknowledge that this 24-hour notification window is a courtesy provision only and that BULKBOXX cannot guarantee the recovery of any item once it has been placed in disposal equipment. Items that have been transported to a landfill, donated, or transferred to a third party cannot be recovered regardless of notification timing.

10.7 Third-Party Placement Disclaimer

Customers acknowledge that:

·        BULKBOXX does not inventory or supervise the loading of items by customers or third parties present at the service location

·        The customer is solely responsible for the actions of all individuals present at the service address during the service period

·        If a third party present at the customer's direction places items in BULKBOXX equipment, those items are subject to the same ownership transfer provisions as items placed by the customer directly

·        BULKBOXX is not liable for items placed in disposal equipment by third parties without the customer's knowledge, but such items remain subject to the ownership transfer provisions of this section once placed

 

10.8 No Proceeds or Compensation

Customers expressly agree that they will not make any claim for:

·        The return of items placed in BULKBOXX equipment for disposal

·        Proceeds or compensation from the resale or donation of discarded items

·        Financial reimbursement for items that have been disposed of, donated, or resold following service completion


TERMS & CONDITIONS — Section 11: Equipment Use Restrictions and Prohibited Materials

11.1 General Restriction

Customers agree not to place any prohibited materials inside BULKBOXX containers, crates, trailers, or equipment. This restriction applies to all BULKBOXX services including crate rental, dump trailer rental, portable storage, and junk removal or cleanout services.

11.2 Prohibited Materials List

The following materials are strictly prohibited from placement in any BULKBOXX equipment:

⚠️ Hazardous Waste — Not Accepted at Landfill

  • Car batteries and rechargeable batteries of any kind
  • Motor oil, antifreeze, brake fluid, gasoline, and other flammable liquids
  • Paint, paint thinner, varnish, turpentine, and acetone
  • Engine degreasers and metal cleaning chemicals
  • Household and hobby chemicals of any kind

🌿 Chemicals and Pest Control Products

  • Fertilizers of any type
  • Pesticides, herbicides, and fungicides
  • Insect repellents and flea treatment products
  • Rodent bait, rat poison, and mothballs

💡 Mercury and Specialty Items

  • Fluorescent tubes and compact fluorescent bulbs
  • Mercury thermometers and mercury-containing thermostats

🧪 Pool and Cleaning Chemicals

  • Pool or spa treatment chemicals
  • Acid, lye, or corrosive cleaning materials

☣️ Biohazard and Medical Waste

  • Needles, syringes, and sharps of any kind
  • Biohazard materials of any kind
  • Medical waste — must be handled through your local health department or a licensed medical waste disposal provider

🚗 Other Prohibited Items

  • Tires of any size or type
  • Automotive parts containing fluids
  • Propane tanks, fuel containers, or other flammable or explosive materials
  • Asbestos-containing materials of any kind
  • Illegal substances

🍎 Perishable and Organic Materials (Crate Rental)

  • Perishable food items
  • Organic waste or compostable materials
  • Liquids of any kind

11.3 Customer Responsibility for Prohibited Materials

Customers are solely responsible for ensuring that no prohibited materials are placed in BULKBOXX equipment by themselves or by any individual present at the service location at the customer's direction.

If prohibited materials are discovered in BULKBOXX equipment — whether at the time of pickup, during transport, or upon arrival at the landfill or transfer station — the customer acknowledges and agrees that:

·        All resulting landfill rejection fees, fines, surcharges, and remediation costs will be the sole financial responsibility of the customer

·        These charges will be deducted from the customer's security deposit per Section 7.5

·        Any balance exceeding the deposit amount will be charged to the credit card on file

·        A re-haul or remediation fee may apply if the load must be returned, sorted, or transferred to an alternative facility

·        BULKBOXX reserves the right to report violations involving hazardous or regulated materials to appropriate regulatory authorities

 

11.4 Consequences of Prohibited Material Violations

Customers acknowledge that placement of prohibited materials may result in:

·        Additional disposal fees assessed by the landfill or transfer station

·        Outright rejection of the entire load at the landfill

·        Environmental remediation costs if hazardous materials cause contamination

·        Regulatory fines imposed on BULKBOXX that will be passed to the customer

·        Potential civil or criminal liability for the customer under applicable federal and Florida state environmental laws

 

11.5 No Limitation of Liability for Prohibited Materials

Notwithstanding any other provision in these Terms and Conditions, the limitation of liability and indemnification caps outlined in Sections 13 and 14 do not apply to damages, fines, fees, or legal costs arising from the customer's intentional or negligent placement of prohibited materials in BULKBOXX equipment. The customer's financial responsibility for prohibited material violations is unlimited.

The customer’s responsibility for prohibited materials includes all direct and indirect damages, whether foreseeable or unforeseeable, and applies regardless of whether such materials were placed whether intentional, negligent, or accidental.


TERMS & CONDITIONS — Section 12: Dump Trailer Use, Weight Limits, and Disposal Fees

12.1 Standard Rental Disposal Allowance

Each dump trailer rental includes a standard disposal allowance of up to one (1) ton (2,000 lbs.) of household debris per rental period.

This allowance covers:

·        Standard household junk and debris

·        Furniture and non-prohibited bulky items

·        General cleanout materials

·        Construction debris (non-hazardous)

 

The disposal allowance does not cover prohibited materials as outlined in Section 11 of these Terms and Conditions.

12.2 Weight Measurement and Verification

Customers acknowledge and agree that:

·        All dump trailer loads are subject to official weight measurement at a licensed landfill or transfer station

·        Weight is determined by the gross weight of the loaded trailer upon entry minus the tare weight of the empty trailer upon exit, as recorded on the official landfill weight ticket

·        The landfill or transfer station weight ticket shall serve as the presumptive record of load weight for billing purposes

·        BULKBOXX will retain a copy of the landfill weight ticket for each load and make it available to the customer upon written request

·        Customers acknowledge that BULKBOXX has no control over the weighing process and that the landfill's official weight measurement is presumptively accurate absent substantial contrary evidence.

·        Customers waive any right to independently reweigh loads for billing disputes unless performed by the same licensed facility.

 

12.3 Overage Charges

If the total weight of the customer's load exceeds the included 2,000 lbs. (one ton) disposal allowance, the following overage charges will apply:

·        Overage will be calculated based on the official landfill weight ticket

·        Customers will be charged $0.07 per pound for all weight exceeding the 2,000 lbs. included allowance

·        Overage charges will be calculated as follows:

 

Overage Charge = (Total Recorded Weight − 2,000 lbs.) × $0.07 per pound

Example:

If the recorded load weight is 2,800 lbs., the overage is 800 lbs. At $0.07 per pound, the overage charge would be $0.07 × 800lbs. = $56.00

Overage charges will be:

·        Calculated upon receipt of the official landfill weight ticket

·        Added to the customer's final invoice

·        Deducted from the security deposit on file per Section 7, with any remaining balance charged to the credit card on file

 

12.4 Pre-Haul Weight Estimate Advisory

Customers are encouraged to provide a reasonable estimate of load weight at the time of booking.

Customers acknowledge that:

·        Weight estimates provided at booking are for planning purposes only and do not constitute a cap on actual charges

·        Final charges are determined solely by the official landfill weight ticket

·        Common household items can be significantly heavier than expected — for reference:

 

·       A standard sofa: approximately 150–250 lbs.

·       A full mattress set: approximately 100–150 lbs.

·       Bags of concrete or dirt: approximately 80–100 lbs. per bag

·       A refrigerator: approximately 200–350 lbs.

·       A standard load of mixed household debris: approximately 500–800 lbs.

 BULKBOXX is happy to assist customers with estimating load weight prior to service and can advise on whether a single trailer rental is sufficient for the planned cleanout.

12.5 Multiple Trailer Loads

If a customer's debris exceeds the capacity of a single dump trailer, either by volume or weight:

·        Additional trailer trips may be scheduled at the standard rental rate

·        Each additional trip includes the same 2,000 lbs. disposal allowance

·        Overage charges apply independently to each trailer load based on the weight ticket for that specific haul

·        Customers will be notified of the need for additional trips as early as possible

 

12.6 Loading Requirements

Customers are responsible for loading the dump trailer safely and in compliance with the following requirements:

·        Materials must not exceed the height of the trailer walls

·        Load weight must not exceed the trailer's maximum safe hauling capacity as specified by the manufacturer

·        Materials must be distributed evenly throughout the trailer to prevent shifting during transport

·        No single concentrated load shall be placed that could compromise the structural integrity or road safety of the trailer

 

BULKBOXX reserves the right to:

·        Refuse to haul any load that appears unsafe, unbalanced, or in excess of safe hauling limits

·        Require the customer to remove excess materials before transport

·        Charge a trip fee for any service call where a load cannot be hauled due to unsafe loading conditions

 

12.7 Landfill Rejection and Additional Fees

Customers acknowledge that landfill operators reserve the right to:

·        Reject any load containing prohibited or hazardous materials

·        Assess additional fees for loads containing materials requiring special handling

·        Impose fines or surcharges for non-compliant loads

 

In the event of a landfill rejection or additional fee assessment:

·        All landfill rejection fees, fines, and surcharges will be passed directly to the customer

·        Rejection fees will be deducted from the customer's security deposit per Section 7.5

·        If rejection fees exceed the deposit amount, the remaining balance will be charged to the credit card on file

·        The customer will be provided with written documentation of any landfill-assessed fee or rejection notice

·        A re-haul fee of $100.00 will be charged if a rejected load must be returned to the customer's property or transported to an alternative disposal facility

 

12.8 Prohibited Materials Weight Disclaimer

Customers acknowledge that:

·        Prohibited materials included in a load may cause the total weight to exceed the included allowance unexpectedly

·        Weight-based overage charges apply to the total load weight regardless of whether the weight is attributable to permitted or prohibited materials

·        The presence of prohibited materials may result in both overage charges and landfill rejection fees being assessed simultaneously

·        BULKBOXX is not responsible for additional costs resulting from the customer's inclusion of prohibited or undisclosed materials in the load

 

12.9 Receipts and Documentation

Following completion of dump trailer services, BULKBOXX will provide the customer with:

·        A copy of the official landfill weight ticket upon request

·        An itemized invoice showing:

    • Base rental fee
    • Included disposal allowance (2,000 lbs.)
    • Recorded load weight from landfill weight ticket
    • Overage weight (if applicable)
    • Per-pound overage charge (if applicable)
    • Any landfill fees, rejection charges, or surcharges assessed
    • Total amount charged or deducted from deposit

12.10 Dispute of Weight Charges

If a customer wishes to dispute a weight-based overage charge:

·        The customer must submit a written dispute to BULKBOXX within 5 business days of receiving the itemized invoice

·        Disputes must reference the specific landfill weight ticket being challenged

·        BULKBOXX will provide a copy of the official weight ticket upon request

·        As weight is determined solely by the landfill's certified scales, disputes regarding the recorded weight must be directed to the landfill operator

·        BULKBOXX will reasonably assist the customer in obtaining clarification from the landfill operator but cannot override or modify an official weight ticket


TERMS & CONDITIONS — Section 12A: Right to Refuse or Terminate Service

BULKBOXX reserves the right to refuse, suspend, or terminate service at any time, with or without prior notice, if any of the following conditions exist:

·        Conditions are unsafe for delivery, placement, or pickup

·        Equipment is being used improperly or in violation of these Terms

·        Prohibited materials are suspected or discovered

·        Customer conduct is abusive, threatening, or non-cooperative

·        Site conditions differ materially from those represented at booking

 

In cases where service is refused or terminated due to conditions within the customer's control, prepaid service fees are non-refundable once a driver has been dispatched. The security deposit will be applied to any applicable fees, trip charges, and recovery costs per Section 7. Any remaining deposit balance after applicable charges will be returned to the customer per the standard deposit return process outlined in Section 7.6.

BULKBOXX reserves the right to determine any partial refund, credit, or fee adjustment based on the portion of services completed prior to termination.


TERMS & CONDITIONS — Section 13: Limitation of Liability

Customers acknowledge that moving, loading, and using rental equipment involves certain inherent risks.

13.1 Exclusion of Certain Damages

To the fullest extent permitted by Florida law, BULKBOXX shall not be liable for any:

·        Indirect, incidental, or consequential damages

·        Loss of profits or business opportunity

·        Damage to personal belongings placed in or transported within equipment

·        Damages resulting from improper packing or loading by the customer

·        Injuries resulting from misuse or improper use of equipment

·        Weather-related or environmental damage to stored or transported items

·        Damage caused by the customer's failure to select an appropriate placement location

·        Damage to vehicles or personal property occurring during loading, unloading, or use of equipment by the customer or third parties

 

13.2 Liability Cap

In the event that BULKBOXX is found liable for any claim arising out of or related to the rental or use of BULKBOXX equipment or services, the total cumulative liability of BULKBOXX to the customer shall not exceed the total amount paid by the customer for the specific rental or service transaction giving rise to the claim. This limitation of liability applies even if any limited remedy fails of its essential purpose.

This cap applies regardless of:

·        The form of the claim (contract, tort, negligence, or otherwise)

·        Whether BULKBOXX was advised of the possibility of such damages

·        The number of claims arising from the same transaction or event

 

13.3 Customer Assumption of Risk

Customers voluntarily assume responsibility for the safe and proper use of all rental equipment, including ensuring that:

·        Equipment is used only for its intended purpose

·        All individuals handling or loading equipment do so safely

·        The placement location is suitable and capable of supporting the equipment

 

13.4 Exceptions

Nothing in this section shall limit BULKBOXX's liability for:

·        Gross negligence or willful misconduct by BULKBOXX or its employees

·        Fraud or intentional misrepresentation

·        Any liability that cannot be excluded or limited under applicable Florida law

 

BULKBOXX shall have no obligation to mitigate damages on behalf of the customer. Customers remain responsible for taking all reasonable steps to minimize any potential loss or damage arising from their use of BULKBOXX equipment or services.


TERMS & CONDITIONS — Section 13A: No Insurance Coverage and No Bailment Relationship

13A.1 No Insurance Coverage Provided

BULKBOXX does not provide insurance coverage for:

·        Customer personal property

·        Items stored in containers, crates, or trailers

·        Loss, theft, fire, water damage, weather-related damage, or vandalism

 

Customers are solely responsible for obtaining and maintaining any desired insurance coverage, including homeowners, renters, or commercial insurance policies.

13A.2 No Bailment Relationship
The use of BULKBOXX equipment does not create a bailment, storage, or warehousing relationship.
Customers retain full possession, control, and responsibility for all contents placed within BULKBOXX equipment at all times.

BULKBOXX does not take custody or control of customer property and shall not be considered a bailee under any circumstances.

BULKBOXX makes no representation or warranty regarding the condition, preservation, or protection of any items placed within its equipment.

This section applies exclusively to customer-owned personal property and does not affect the equipment warranty provisions of Section 15, which apply solely to the condition of BULKBOXX equipment itself.

BULKBOXX shall not be deemed a warehouseman under applicable Florida law.


 

TERMS & CONDITIONS — Section 14: Indemnification

14.1 Customer Indemnification Obligation

To the fullest extent permitted by Florida law, customers agree to indemnify, defend, and hold harmless BULKBOXX, its owners, members, officers, employees, contractors, agents, and partners (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, damages, losses, costs, and expenses, including reasonable attorney's fees and court costs, arising out of or related to:

·        The customer's use, possession, or operation of BULKBOXX rental equipment

·        Improper loading, overloading, or unsafe use of equipment by the customer or any third-party present at the customer's direction

·        The customer's violation of any term or condition of this agreement

·        Placement of prohibited materials in BULKBOXX equipment

·        Personal injury or property damage caused by equipment while in the customer's possession

·        The customer's failure to comply with applicable HOA rules, municipal codes, or permit requirements

·        Any third-party claims arising from the customer's use of BULKBOXX services

 

14.2 Scope of Indemnification

This indemnification obligation applies to claims brought by:

·        Third parties injured or damaged as a result of the customer's use of equipment

·        Government or regulatory agencies resulting from the customer's violation of applicable laws or regulations

·        HOA or property management entities resulting from improper equipment placement

 

14.3 Scope of Indemnification Liability

To the fullest extent permitted by Florida law, the customer's indemnification obligations under this agreement are structured as follows:

14.3A Uncapped Indemnification Obligations

The customer's indemnification obligation shall not be subject to any predetermined monetary cap where damages, losses, costs, or claims arise from any of the following:

·        Personal injury or bodily harm to any person occurring while BULKBOXX equipment is in the customer's care, custody, or control

·        Property damage caused by the customer's use, placement, loading, or operation of BULKBOXX equipment

·        Environmental violations, hazardous material disposal, or the customer's placement of prohibited materials in BULKBOXX equipment

·        Third-party claims arising from the customer's use or possession of BULKBOXX equipment or services

·        Violations of applicable law, HOA rules, municipal codes, or regulatory requirements

·        The customer's misrepresentation of site conditions, access conditions, or placement requirements at the time of booking

·        Claims arising from the customer's gross negligence or willful misconduct

 

In these categories, the customer's indemnification obligation extends to all damages, losses, costs, fines, penalties, and legal expenses, whether direct or indirect, foreseeable or unforeseeable, and regardless of whether the customer acted knowingly or unknowingly.

14.3B Capped Indemnification for All Other Claims

For all other claims not involving the categories enumerated in Section 14.3A above, the customer's total indemnification obligation to BULKBOXX shall not exceed the greater of:

·        The total amount paid by the customer for the specific rental or service transaction giving rise to the claim, or

·        $25,000

whichever is greater.

14.3C Cap Exceptions

The cap set forth in Section 14.3B shall not apply in cases involving:

·        The customer's gross negligence or willful misconduct in any form

·        The customer's intentional or negligent placement of prohibited or hazardous materials in BULKBOXX equipment

·        Fraud or intentional misrepresentation by the customer

·        Any claim falling within the uncapped categories listed in Section 14.3A

 

14.3D Costs of Enforcement

In addition to any indemnification obligation, the customer agrees to pay all costs incurred by BULKBOXX in enforcing its indemnification rights under this section, including reasonable attorney's fees, court costs, and collection expenses, to the extent permitted by Florida law.

14.4 Defense Obligations

Upon receipt of any claim or legal proceeding for which indemnification may be sought, BULKBOXX shall:

·        Promptly notify the customer in writing of the claim

·        Allow the customer a reasonable opportunity to participate in the defense if the claim falls within the customer's indemnification obligation

·        Not settle any claim that creates obligations for the customer without the customer's prior written consent

 

14.5 Exceptions

This indemnification shall not apply to claims arising from:

·        The gross negligence or willful misconduct of BULKBOXX or its employees

·        BULKBOXX's failure to deliver equipment in a safe working condition

·        Any liability that cannot be lawfully shifted to the customer under applicable Florida law

 


TERMS & CONDITIONS — Section 15: Equipment Warranty

15.1 Warranty of Working Condition

BULKBOXX warrants that all rental equipment will be delivered in good working condition and free from material defects that would prevent its intended use at the time of delivery.

15.2 Customer Inspection Obligation

Upon delivery of equipment, customers are responsible for:

·        Inspecting all equipment for visible damage, defects, or missing components before use

·        Notifying BULKBOXX in writing within 4 hours of delivery of any pre-existing damage, defects, or concerns

·        Documenting any pre-existing damage with photographs and forwarding those photographs to BULKBOXX

 

Failure to report pre-existing damage within the 4-hour inspection window may result in the customer being held responsible for that damage upon equipment return.

15.3 Equipment Failure During Rental

If rental equipment fails during the rental period due to a manufacturing defect or pre-existing condition unrelated to customer use:

·        Customers must notify BULKBOXX in writing as soon as the failure is discovered

·        BULKBOXX will make reasonable efforts to repair or replace the affected equipment within 1 business day of receiving written notification

·        If equipment cannot be repaired or replaced within a reasonable timeframe, the customer will receive a prorated rental fee credit for the period during which the equipment was unusable

 

BULKBOXX is not responsible for consequential damages arising from equipment failure, including but not limited to moving delays, storage costs, or labor costs. This includes delays associated with construction schedules, property closings, tenant occupancy, contractor scheduling, or business operations.

15.4 Warranty Exclusions

This warranty does not cover:

·        Damage caused by customer misuse, overloading, or improper handling

·        Normal wear and tear consistent with standard equipment use

·        Damage caused by weather or environmental conditions during the rental period

·        Equipment failure resulting from the customer's placement of prohibited materials

·        Cosmetic damage that does not affect the functional use of the equipment

 

15.5 Sole Remedy

The customer's sole remedy for a warranty claim under this section is repair, replacement, or prorated rental fee credit at the reasonable discretion of BULKBOXX. No other damages, compensation, or remedies are available under this warranty.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BULKBOXX DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


TERMS & CONDITIONS — Section 16: Communication Consent

16.1 Consent to Communications

By using the BULKBOXX website, booking services, or renting equipment, customers expressly consent to receive communications from BULKBOXX and its authorized representatives via:

·        Email

·        Phone calls (including automated or prerecorded calls)

·        Text messages (SMS and MMS)

·        Push notifications through the BULKBOXX website or app if applicable

 

16.2 Types of Communications

Communications may include:

·        Appointment confirmations and reminders

·        Delivery and pickup notifications

·        Service updates and order information

·        Billing and payment notifications

·        Customer support messages

·        Promotional offers and marketing communications

 

16.3 TCPA Compliance

BULKBOXX complies with the Telephone Consumer Protection Act (TCPA). By providing a phone number at the time of booking, customers expressly consent to receive automated or manually dialed calls and text messages at the number provided.

Customers represent that:

·        They are the account holder or have authorization to consent on behalf of the account holder for the phone number provided

·        They understand that consent to receive marketing communications is not a condition of purchasing any service

 

16.4 Message Frequency and Rates

·        Message frequency will vary based on service activity and booking status

·        Standard message and data rates may apply depending on the customer's mobile carrier and plan

·        BULKBOXX is not responsible for charges incurred by the customer's mobile carrier

 

16.5 Opt-Out Rights

Customers may opt out of marketing communications at any time by:

·        Replying STOP to any text message to unsubscribe from SMS communications

·        Clicking the unsubscribe link included in any marketing email

·        Contacting BULKBOXX customer support directly to update communication preferences

 

Customers acknowledge that even after opting out of marketing communications, they may continue to receive:

·        Service-related communications necessary to fulfill an active rental or booking

·        Billing and payment notifications

·        Legal or policy update notices

 

16.6 Communication Accuracy

Customers are responsible for providing accurate and current contact information at the time of booking. BULKBOXX is not responsible for missed communications resulting from outdated or incorrect contact information provided by the customer.


TERMS & CONDITIONS — Section 17: Force Majeure

17.1 Definition of Force Majeure

A Force Majeure Event refers to any circumstance or occurrence beyond the reasonable control of BULKBOXX that prevents, delays, or materially impairs the ability to perform services as scheduled. Force Majeure Events include but are not limited to:

·        Natural disasters, including hurricanes, tropical storms, tornadoes, flooding, or severe weather events

·        Lightning strikes, wildfires, or other acts of nature

·        Earthquakes or sinkholes

·        Declared states of emergency at the local, county, state, or federal level

·        Mandatory evacuation orders issued by Volusia County, the State of Florida, or federal authorities

·        Epidemic, pandemic, or public health emergency declared by a governmental authority

·        Acts of war, terrorism, civil unrest, or riot

·        Power outages or widespread utility failures beyond our control

·        Government-mandated shutdowns, restrictions, or orders that prevent performance of services

·        Supply chain disruptions affecting equipment availability

·        Road closures, bridge restrictions, or infrastructure failures preventing safe delivery or pickup

·        Labor strikes or work stoppages affecting third-party service providers

 

17.2 Effect on Service Obligations

In the event of a Force Majeure Event, BULKBOXX shall:

·        Not be considered in breach of contract or liable for any failure or delay in performing services

·        Be excused from performance for the duration of the Force Majeure Event

·        Make reasonable efforts to notify affected customers as promptly as possible given the circumstances

·        Resume services as soon as reasonably practicable once the Force Majeure Event has ended or conditions permit safe operations

 

Customers acknowledge that in Florida, weather-related Force Majeure Events — including but not limited to hurricanes and tropical storms — may result in service delays or cancellations with little or no advance notice.

17.3 Customer Notification

When a Force Majeure Event affects scheduled services, BULKBOXX will make reasonable efforts to notify affected customers via:

·        Email to the address on file

·        Text message to the phone number on file

·        Posted notice on the BULKBOXX website

 

Customers acknowledge that during a Force Majeure Event, particularly severe weather emergencies, communication delays may occur and that BULKBOXX cannot guarantee timely notification in all circumstances.

17.4 Rescheduling

If a scheduled service is delayed or cancelled due to a Force Majeure Event:

·        BULKBOXX will work with the customer to reschedule services at the earliest available opportunity following the resolution of the Force Majeure Event

·        No cancellation or rescheduling fees will be charged to the customer for appointments affected by a Force Majeure Event

·        Any prepaid rental fees or deposits will be applied to the rescheduled service date

·        If the customer is unable or unwilling to reschedule, a full refund of any prepaid fees or deposits will be issued within 3-7 business days of the customer's written request

 

17.5 Extended Equipment Rental During Force Majeure

If BULKBOXX equipment is in the customer's possession during a Force Majeure Event and pickup cannot be completed as scheduled:

·        The rental period will be extended at no additional charge to the customer for the duration of the Force Majeure Event

·        Standard rental charges will resume once normal operations have been restored and the customer has been notified

·        Customers remain responsible for the care, custody, and condition of equipment during the Force Majeure Event period per Section 1 of these Terms and Conditions

·        BULKBOXX will make reasonable efforts to prioritize equipment pickup as soon as safe operations resume

 

17.6 Security Deposit During Force Majeure

If a Force Majeure Event delays the completion of services or the return and inspection of equipment:

·        The security deposit will continue to be held until services are completed and equipment is returned and inspected

·        The deposit return timeline outlined in Section 7.2 will be paused for the duration of the Force Majeure Event and will resume once normal operations have been restored

·        No additional deposit charges will be assessed solely as a result of a Force Majeure delay

 

17.7 Limitation of Force Majeure Liability

Customers agree that BULKBOXX shall not be liable for any:

·        Losses, damages, or expenses incurred by the customer as a result of a Force Majeure Event

·        Consequential or indirect damages resulting from delayed or cancelled services due to a Force Majeure Event

·        Damage to items stored in BULKBOXX equipment during a Force Majeure Event, including weather-related damage

 

Customers are encouraged to take appropriate precautions to protect personal belongings stored in BULKBOXX equipment in advance of known or anticipated weather events, including but not limited to approaching tropical storms or hurricanes.

17.8 Florida-Specific Provisions

Given that BULKBOXX operates primarily within Volusia County and the State of Florida, customers specifically acknowledge:

·        Florida's Atlantic coast location creates heightened exposure to hurricane and tropical storm events, particularly during the Atlantic hurricane season running from June 1 through November 30 each year

·        Volusia County is subject to mandatory evacuation orders that may require immediate suspension of all non-essential services

·        BULKBOXX prioritizes the safety of its employees, contractors, and customers in all Force Majeure scenarios and reserves the right to suspend operations at its reasonable operational discretion when conditions pose a safety risk

·        Customers with active rentals during hurricane season are encouraged to proactively communicate with BULKBOXX regarding equipment placement and pickup contingency plans

 

17.9 Resumption of Services

Following a Force Majeure Event, BULKBOXX will:

·        Assess equipment and operational capacity before resuming services

·        Prioritize service resumption based on order date, safety conditions, and operational availability

·        Communicate estimated resumption timelines to affected customers as soon as reasonably practicable

·        Not guarantee specific resumption dates until safe and full operations have been confirmed

 


TERMS & CONDITIONS — Section 18: Third-Party Service Providers and Data Handling

18.1 Use of Third-Party Providers

BULKBOXX may engage third-party service providers to assist with the operation of BULKBOXX services, including but not limited to:

·        Payment processing and billing

·        Website hosting and maintenance

·        Appointment scheduling and booking systems

·        Email and SMS communication platforms

·        Customer relationship management (CRM) systems

·        Analytics and performance monitoring

 

18.2 Data Sharing with Third Parties

Third-party service providers may access customer information only to the extent necessary to perform their designated services on behalf of BULKBOXX.

BULKBOXX requires that third-party providers:

·        Handle customer data in a secure and confidential manner

·        Use customer information only for the purposes for which it was shared

·        Comply with applicable federal and Florida state privacy laws

 

BULKBOXX does not sell customer personal information to third parties for their own marketing purposes.

18.3 Types of Data Collected

In connection with BULKBOXX services, BULKBOXX may collect the following categories of customer information:

·        Contact information (name, phone number, email address, service address)

·        Payment information (processed securely through third-party payment processors)

·        Booking and transaction history

·        Communication preferences

·        Device and usage data collected through website analytics

 

18.4 How Data Is Used

Customer data is used solely for the following purposes:

·        Processing and fulfilling rental reservations and service requests

·        Communicating with customers regarding bookings and services

·        Processing payments and managing billing

·        Improving BULKBOXX services and customer experience

·        Complying with legal obligations

 

18.5 Data Security

BULKBOXX takes reasonable technical and organizational measures to protect customer data from unauthorized access, disclosure, or misuse.

Customers acknowledge that no method of electronic transmission or storage is completely secure, and BULKBOXX cannot guarantee absolute data security.

In the event of a data breach affecting customer information, BULKBOXX will notify affected customers in accordance with applicable Florida law, including the Florida Information Protection Act (FIPA).

18.6 Data Retention

Customer data will be retained for as long as necessary to:

·        Fulfill the purposes described in this section

·        Comply with applicable legal, tax, and accounting obligations

·        Resolve disputes or enforce agreements

Customers may request deletion of their personal data by contacting BULKBOXX directly, subject to any legal retention requirements.

18.7 Third-Party Links and Platforms

The BULKBOXX website may contain links to third-party websites or integrate with third-party platforms. BULKBOXX is not responsible for the privacy practices or data handling of any third-party websites or services. Customers are encouraged to review the privacy policies of any third-party platforms they interact with.

18.8 Children's Privacy

BULKBOXX services are intended for use by individuals 18 years of age or older. BULKBOXX does not knowingly collect personal information from individuals under the age of 18. If it is discovered that a minor has provided personal information, that information will be promptly deleted.

18.9 Changes to Data Practices

BULKBOXX reserves the right to update its data handling practices at any time. Material changes will be reflected in an updated version of these Terms and Conditions posted on the BULKBOXX website with a revised Last Updated date.


TERMS & CONDITIONS — Section 19: Changes to Terms

19.1 Right to Modify

BULKBOXX reserves the right to modify, update, or revise these Terms and Conditions at any time at its reasonable operational discretion.

19.2 Notice of Material Changes

For changes that materially affect customer rights or obligations, BULKBOXX will make reasonable efforts to provide advance notice by:

·        Posting the updated Terms and Conditions on the BULKBOXX website with a revised Last Updated date

·        Sending email notification to customers with active rentals or upcoming bookings at the email address on file

·        Displaying a notice on the BULKBOXX booking platform

 

Material changes will take effect no sooner than 14 days after the revised Terms and Conditions are posted on the BULKBOXX website, except where a shorter effective period is required by law.

19.3 Non-Material Changes

Non-material changes — including corrections of typographical errors, clarifications that do not alter customer rights or obligations, and updates required by law — may take effect immediately upon posting without advance notice.

19.4 Effect on Existing Reservations

Customers with confirmed reservations at the time a material change takes effect will be governed by the Terms and Conditions in effect at the time their reservation was confirmed, except where:

·        The change is required by applicable law or regulation

·        The customer books an additional service or extends their rental after the effective date of the change, in which case the updated Terms and Conditions will apply to the new or extended service

 

19.5 Continued Use as Acceptance

Customers who make new bookings or use BULKBOXX services after the effective date of any updated Terms and Conditions will be deemed to have accepted the revised terms in full.

19.6 Cross-Reference

The amendment and modification process for these Terms and Conditions is further governed by Section 22.6. In the event of any conflict between this section and Section 22.6, Section 22.6 shall control.


TERMS & CONDITIONS — Section 20: Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

Any disputes, claims, or legal proceedings arising from or related to these Terms and Conditions, or the use of BULKBOXX services, shall be resolved exclusively in the state or federal courts of competent jurisdiction located in Volusia County, Florida.

Both parties consent to personal jurisdiction and venue in Volusia County, Florida, and waive any objection to the convenience or propriety of such venue.

In any legal action arising from these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, to the extent permitted by Florida law.


TERMS & CONDITIONS — Section 20A: Dispute Resolution

20A.1 Informal Resolution — Required First Step

Before initiating any formal legal proceeding, customers and BULKBOXX agree to make a good-faith effort to resolve any dispute, claim, or controversy arising out of or related to these Terms and Conditions or BULKBOXX services through direct informal negotiation.

The party seeking resolution must:

·        Provide written notice to the other party describing the nature of the dispute, the relief sought, and the relevant facts in reasonable detail

·        Allow the other party 15 calendar days from receipt of the written notice to respond and attempt to resolve the dispute informally

 

Neither party may initiate formal mediation, arbitration, or litigation until the 15-day informal resolution period has elapsed without a satisfactory resolution, unless emergency injunctive relief is required.

20A.2 Mediation

If the dispute is not resolved through informal negotiation within the 15-day period, the parties agree to submit the dispute to non-binding mediation before a mutually agreed upon mediator in Volusia County, Florida prior to initiating arbitration or litigation.

·        Mediation costs will be split equally between the parties unless otherwise agreed

·        Each party will bear its own legal fees associated with mediation

·        Mediation proceedings and communications are confidential and may not be used as evidence in any subsequent arbitration or litigation

·        If the parties cannot agree on a mediator within 10 calendar days of the conclusion of the informal resolution period, either party may request that a mediator be appointed through a recognized Florida mediation service

 

20A.3 Small Claims Court Carve-Out

Notwithstanding the mediation requirement in Section 20A.2, either party may bring an individual claim directly in Volusia County Small Claims Court without first completing the informal resolution or mediation process, provided that all of the following conditions are met:

·        The claim amount falls within the jurisdictional limits of Florida Small Claims Court as established by F.S. § 34.01, as amended from time to time

·        The claim is brought solely on an individual basis and not as part of a class or representative action

·        The claim arises directly from a specific BULKBOXX rental or service transaction and is not part of a broader pattern of claims designed to circumvent the mediation requirement

 

Filing in Small Claims Court does not waive either party's right to appeal or to seek enforcement of a Small Claims judgment through any available legal remedy. BULKBOXX reserves the right to remove any Small Claims filing to a court of competent jurisdiction in Volusia County, Florida if the nature or amount of the claim exceeds the Small Claims jurisdictional threshold at any point during the proceeding.

20A.4 Governing Law and Venue

All disputes not resolved through informal negotiation or mediation shall be resolved exclusively in the state or federal courts of competent jurisdiction located in Volusia County, Florida, as provided in Section 20 of these Terms and Conditions.

20A.5 No Class Actions

Customers agree that all disputes will be resolved on an individual basis only. Customers expressly waive any right to:

·        Bring or participate in a class action lawsuit

·        Bring or participate in a class-wide arbitration

·        Act as a private attorney general or in any representative capacity

 

20A.6 Attorney's Fees

In any formal legal proceeding arising from these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorney's fees and costs as provided in Section 20.

20A.7 Limitation on Time to Bring Claims
To the fullest extent permitted under applicable Florida law, any contractual claim arising out of or relating to these Terms and Conditions or BULKBOXX services must be commenced within one (1) year from the date the claim accrued.

If applicable law prohibits the shortening of any limitation period for a particular claim, then the shortest legally permissible limitation period shall apply.

20A.8 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR BULKBOXX SERVICES. Each party acknowledges that this waiver is a material term of this agreement, that it has been made available for review prior to booking, and that each party has had the opportunity to seek independent legal counsel regarding the effect of this waiver.


TERMS & CONDITIONS — Section 21: Agreement to Terms

21.1 Acknowledgment of Agreement

By using BULKBOXX services, booking rentals, purchasing products, or accessing the BULKBOXX website, customers acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions and the BULKBOXX Damage Waiver and Customer Responsibility Policy in their entirety.

21.2 Eligibility

By booking services or using BULKBOXX equipment, customers represent and warrant that they are:

·        At least 18 years of age

·        Legally authorized to enter into a binding contract under Florida law

·        Either the property owner or an authorized representative of the property owner at the service address

·        Acting on their own behalf or with express authorization to bind any organization or third party on whose behalf they are booking

 

21.3 Electronic Acceptance

Customers acknowledge that acceptance of these Terms and Conditions may be made electronically, including by:

·        Checking a box or clicking an acceptance button on the BULKBOXX website or booking platform

·        Completing an online reservation or booking

·        Signing electronically via a digital signature platform

·        Using BULKBOXX services after these Terms and Conditions have been made available for review

 

Electronic acceptance is valid and binding to the same extent as a handwritten signature pursuant to the Florida Electronic Signature Act (F.S. § 668.001 et seq.) and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

21.4 Record of Acceptance

BULKBOXX reserves the right to record and retain evidence of customer acceptance, including:

·        IP address and timestamp of acceptance

·        Booking confirmation records

·        Digital signature records where applicable

·        Booking confirmation emails sent to the customer's email address on file

 

21.5 Entire Agreement Confirmation

Customers confirm that these Terms and Conditions, together with the BULKBOXX Damage Waiver and Customer Responsibility Policy and any booking confirmation provided at the time of reservation, represent the entire agreement between the customer and BULKBOXX and supersede all prior verbal or written representations, promises, or understandings.

21.6 Accessibility Limitations

Customers acknowledge that BULKBOXX services are subject to reasonable operational, safety, and accessibility limitations. BULKBOXX does not guarantee that all service locations or conditions can accommodate all accessibility needs.

Nothing in this section shall be construed as a waiver of any rights customers may have under the Americans with Disabilities Act or applicable Florida law.

21.7 Joint and Several Liability

If more than one customer is listed on a reservation, all such customers shall be jointly and severally liable for all obligations under these Terms and Conditions and the Damage Waiver and Customer Responsibility Policy, including all payment obligations, indemnification obligations, and equipment responsibility obligations.


TERMS & CONDITIONS — Section 22: Severability, Waiver, and Entire Agreement

22.1 Severability

If any provision, clause, or portion of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction in Volusia County, Florida, or any applicable Florida or federal court, such provision shall be:

·        Deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable, while preserving the original intent of the provision to the greatest extent possible, or

·        Severed from these Terms and Conditions entirely if modification is not possible

 

The invalidity, unlawfulness, or unenforceability of any single provision shall not affect or impair:

·        The validity or enforceability of any other provision of these Terms and Conditions

·        The validity or enforceability of the Damage Waiver & Customer Responsibility Policy

·        The overall agreement between the customer and BULKBOXX

 

All remaining provisions shall continue in full force and effect as if the invalid or unenforceable provision had never been included.

22.2 Severability of Liability Provisions

Customers specifically acknowledge that the limitation of liability, indemnification, and deposit provisions contained in these Terms and Conditions are independent and severable obligations. In the event that any one of these provisions is found unenforceable:

·        The remaining liability, indemnification, and deposit provisions shall remain in full force and effect

·        The unenforceability of one liability-related provision shall not be construed as invalidating any other liability-related provision

·        Courts are expressly invited to modify any overly broad provision to the minimum extent necessary to achieve enforceability under Florida law rather than voiding the provision entirely

 

22.3 No Waiver

The failure of BULKBOXX to enforce any right, provision, or obligation under these Terms and Conditions on any occasion shall not constitute a waiver of that right, provision, or obligation on any future occasion.

Specifically:

·        A waiver of any breach or default by the customer shall not be deemed a waiver of any subsequent breach or default of the same or any other provision

·        No waiver by BULKBOXX shall be effective unless made in writing and signed by an authorized representative of BULKBOXX

·        Acceptance of partial payment by BULKBOXX shall not constitute a waiver of the right to collect the remaining balance owed

·        Failure to assess a fee or charge on one occasion shall not prevent BULKBOXX from assessing that fee or charge on any future occasion

 

22.4 Course of Dealing

No prior course of dealing, industry custom, or prior practice between the customer and BULKBOXX shall be used to interpret, modify, or supplement these Terms and Conditions unless expressly agreed to in writing by an authorized representative of BULKBOXX.

22.5 Entire Agreement

These Terms and Conditions, together with the BULKBOXX Damage Waiver & Customer Responsibility Policy and any booking confirmation or service agreement provided at the time of reservation, constitute the entire agreement between the customer and BULKBOXX with respect to the subject matter herein.

This agreement supersedes all prior:

·        Verbal or written communications

·        Negotiations or representations

·        Promises or understandings

·        Prior versions of these Terms and Conditions unless otherwise specified

 

In the event of any conflict between these Terms and Conditions and the Damage Waiver & Customer Responsibility Policy, the following order of precedence shall apply:

1.     The Damage Waiver & Customer Responsibility Policy shall control with respect to all liability, risk, and waiver-related matters

2.     These Terms and Conditions shall control with respect to all other matters including payment, scheduling, equipment use, and communication

 

22.6 Amendment and Modification

These Terms and Conditions may only be amended or modified by:

·        A written update posted to the BULKBOXX website with a revised Last Updated date, which shall apply to all future bookings made after the posting date, or

·        A written agreement signed by both the customer and an authorized representative of BULKBOXX, which shall apply only to the specific transaction referenced in that agreement

 

Verbal modifications to these Terms and Conditions are not valid or enforceable regardless of whether they were made by an employee, contractor, or representative of BULKBOXX.

22.7 Headings

Section headings and titles used throughout these Terms and Conditions are included for convenience and reference purposes only. They do not affect the interpretation, meaning, or enforceability of any provision contained within these Terms and Conditions.

22.8 Electronic Acceptance

The electronic acceptance process and its legal effect are governed by Section 21.3 of these Terms and Conditions, which is incorporated here by reference.

22.8A Independent Contractors

BULKBOXX may engage independent contractors, subcontractors, and third-party service providers to perform services in connection with BULKBOXX operations. All such contractors and service providers are required to comply with these Terms and Conditions while performing services on behalf of BULKBOXX.

BULKBOXX is not liable for the independent acts, omissions, or negligence of any independent contractor except as otherwise provided in these Terms and Conditions.

Nothing in these Terms and Conditions shall be construed to create an employment, partnership, joint venture, or fiduciary relationship between BULKBOXX and any contractor or service provider.

Customers acknowledge that services may be performed by authorized third-party contractors acting on behalf of BULKBOXX in connection with equipment delivery, pickup, transportation, disposal, or related operations.

22.9 Assignment

22.9A Assignment by BULKBOXX

BULKBOXX may assign, transfer, or delegate any or all of its rights and obligations under these Terms and Conditions at any time without prior notice to or consent from the customer. This includes assignment in connection with:

·        A merger, acquisition, or consolidation involving BULKBOXX

·        A transfer of substantially all or a portion of the assets or operations of BULKBOXX

·        A corporate restructuring, name change, or change of legal entity

·        The sale or transfer of the BULKBOXX brand or service line to any successor operator

 

In any such event, these Terms and Conditions shall automatically be binding upon and inure to the benefit of the successor or assignee entity without further notice to the customer. The customer's obligations under these Terms and Conditions shall remain fully in effect and enforceable by the successor or assignee to the same extent as if the original agreement had been entered into directly with that entity.

22.9B Assignment by Customer

Customers may not assign, transfer, delegate, or otherwise dispose of any of their rights or obligations under these Terms and Conditions to any third party without the prior written consent of an authorized representative of BULKBOXX.

Any purported assignment, transfer, or delegation by a customer without such prior written consent shall be:

·        Void and of no legal force or effect

·        A material breach of these Terms and Conditions

·        Subject to all remedies available to BULKBOXX under these Terms and Conditions and applicable Florida law

 

The customer's obligations under these Terms and Conditions, including all payment obligations, indemnification obligations, and equipment responsibility obligations, are personal to the customer and may not be transferred or delegated without express written authorization.

22.9C Continued Customer Obligations

Assignment of these Terms and Conditions by BULKBOXX to a successor or assignee entity does not release the customer from any obligation or liability that has accrued prior to or arises after the date of assignment. The customer remains fully bound by all terms of this agreement regardless of any change in ownership, control, or operation of BULKBOXX.

22.10 Survival

The following provisions shall survive the termination, expiration, or completion of services under these Terms and Conditions and shall remain in full force and effect regardless of the reason for termination:

·        Payment obligations, including all rental fees, service charges, deposit deductions, and collection costs

·        Limitation of liability provisions set forth in Section 13

·        Indemnification obligations set forth in Section 14

·        Dispute resolution obligations set forth in Section 20A

·        Equipment responsibility and replacement value obligations set forth in Sections 1 and 3

·        Prohibited materials liability set forth in Section 11

·        Abandoned property and ownership transfer provisions set forth in Section 10

·        Data handling obligations set forth in Section 18

·        Any other obligation that by its nature is intended to survive termination or completion of services

 

The survival of these provisions shall not be affected by the partial invalidity of any other provision of these Terms and Conditions.

22.11 Verbal Statements or Representations

Customers acknowledge that they have not relied upon any verbal statements, representations, promises, or assurances made by any employee, contractor, or representative of BULKBOXX that are not expressly set forth in these Terms and Conditions or the BULKBOXX Damage Waiver and Customer Responsibility Policy.

Any verbal statement or representation that conflicts with, modifies, or supplements the written terms of this agreement shall have no legal force or effect and shall not be binding on BULKBOXX. Customers agree that they will not assert any claim based on verbal representations not contained in these Terms and Conditions.

Field personnel, drivers, and contractors are not authorized to modify pricing, waive fees, approve prohibited materials, or alter these Terms and Conditions without written authorization from BULKBOXX.

22.12 Commercial Reasonableness

All rights, determinations, approvals, and discretionary decisions exercised by BULKBOXX under these Terms and Conditions shall be exercised in good faith and in a commercially reasonable manner consistent with standard industry practices.

 

22.13 No Third-Party Beneficiaries

These Terms and Conditions are intended solely for the benefit of the customer and BULKBOXX. Nothing in these Terms and Conditions shall create or confer any rights, remedies, claims, or benefits upon any third party not expressly identified as a party to this agreement.


 

Damage Waiver & Customer Responsibility Policy

Spruce Creek Solutions, LLC d/b/a BULKBOXX

3106 Waterway Place

Port Orange, FL 32128

grepace@bulkboxx.com

(386) 342-2337


Last Updated: April 30, 2026

This Damage Waiver & Customer Responsibility Policy applies to all equipment rentals and services provided by BULKBOXX, a service operated by Spruce Creek Solutions, LLC.

By booking services or renting equipment from BULKBOXX, customers acknowledge and agree to the following terms.

In the event of any duplication, the stricter provision shall apply.


DAMAGE WAIVER — SECTION 1 — Customer Responsibility for Equipment Use

Customers assume full responsibility for the proper and safe use of all rental equipment provided by BULKBOXX.

This includes, but is not limited to:

• Reusable moving crates
• Dollies
• Portable storage containers
• Dump trailers
• Packing equipment and accessories

Customers are responsible for ensuring that equipment is used only for its intended purpose and in a safe manner.

Customers are also responsible for ensuring that anyone assisting with loading or using the equipment follows safe practices.

Cross-reference: T&C Section 1 (Equipment Responsibility) and T&C Section 15 (Equipment Warranty).


DAMAGE WAIVER — SECTION 2 — Responsibility for Property Conditions

Customers are responsible for ensuring that the equipment placement area is suitable and safe.

Delivery and placement areas must be:

• Accessible to delivery vehicles
• Level and stable
• Free from obstacles or overhead obstructions
• Capable of supporting the weight of the equipment

Customers acknowledge that heavy equipment may place significant pressure on surfaces.

BULKBOXX is not responsible for damage to property surfaces including but not limited to:

• Driveways
• Asphalt or concrete surfaces
• Pavers or decorative stone
• Landscaping
• Irrigation systems
• Underground utilities

Customers accept responsibility for any damage resulting from equipment placement at the requested location.

Cross-reference: T&C Section 8 (Equipment Placement) and T&C Section 9 (HOA Compliance).


DAMAGE WAIVER — SECTION 3 — Loading Responsibility

Customers are responsible for properly loading equipment.

Customers agree to:

• Distribute weight evenly inside containers or trailers
• Avoid overloading equipment beyond safe capacity
• Ensure materials are secured to prevent shifting during transport
• Keep loads below the height of trailer walls when applicable

BULKBOXX reserves the right to refuse transport of unsafe or overloaded equipment.

Cross-reference: T&C Section 12 (Dump Trailer Weight Limits).


DAMAGE WAIVER — SECTION 4 — Prohibited Materials

4.1 General Restriction

Customers agree not to place any prohibited materials inside BULKBOXX equipment. This restriction applies to all services provided by BULKBOXX including crate rental, dump trailer rental, portable storage, and junk removal or cleanout services.

4.2 Prohibited Materials List

The following materials are strictly prohibited from placement in any BULKBOXX equipment:

⚠️ Hazardous Waste — Not Accepted at Landfill

  • Car batteries and rechargeable batteries of any kind
  • Motor oil, antifreeze, brake fluid, gasoline, and other flammable liquids
  • Paint, paint thinner, varnish, turpentine, and acetone
  • Engine degreasers and metal cleaning chemicals
  • Household and hobby chemicals of any kind

🌿 Chemicals and Pest Control Products

  • Fertilizers of any type
  • Pesticides, herbicides, and fungicides
  • Insect repellents and flea treatment products
  • Rodent bait, rat poison, and mothballs

💡 Mercury and Specialty Items

  • Fluorescent tubes and compact fluorescent bulbs
  • Mercury thermometers and mercury-containing thermostats

🧪 Pool and Cleaning Chemicals

  • Pool or spa treatment chemicals
  • Acid, lye, or corrosive cleaning materials

☣️ Biohazard and Medical Waste

  • Needles, syringes, and sharps of any kind
  • Biohazard materials of any kind
  • Medical waste — must be handled through your local health department or a licensed medical waste disposal provider

🚗 Other Prohibited Items

  • Tires of any size or type
  • Automotive parts containing fluids
  • Propane tanks, fuel containers, or other flammable or explosive materials
  • Asbestos-containing materials of any kind
  • Illegal substances

🍎 Perishable and Organic Materials (Crate Rental)

  • Perishable food items
  • Organic waste or compostable materials
  • Liquids of any kind

4.3 Customer Responsibility

Customers are solely responsible for ensuring that no prohibited materials are placed in BULKBOXX equipment by themselves or by any individual present at the service location.

If prohibited materials are found in BULKBOXX equipment at any point during or after the service, the customer acknowledges that:

·        All resulting landfill rejection fees, fines, surcharges, and remediation costs are the sole financial responsibility of the customer

·        These charges will be deducted from the security deposit per T&C Section 7.5

·        Any balance exceeding the deposit will be charged to the credit card on file

·        BULKBOXX reserves the right to report violations involving hazardous or regulated materials to appropriate regulatory authorities

 

4.4 No Liability Cap for Prohibited Material Violations

Notwithstanding any other provision in this Damage Waiver, the limitation of liability and indemnification caps outlined in Sections 9 and 10 do not apply to damages, fines, fees, or legal costs arising from the customer's intentional or negligent placement of prohibited materials in BULKBOXX equipment. The customer's financial responsibility for prohibited material violations is unlimited.


DAMAGE WAIVER — SECTION 5 — Responsibility for Personal Property

Customers acknowledge that BULKBOXX does not pack or inventory items placed inside containers, crates, or trailers unless specifically contracted to do so.

BULKBOXX is not responsible for:

• Damage to personal belongings during transport
• Improper packing of items
• Shifting of items due to improper loading
• Weather-related damage

Customers assume responsibility for protecting and securing their belongings.

Cross-reference: T&C Section 10 (Abandoned Property) and T&C Section 13 (Limitation of Liability).


DAMAGE WAIVER — SECTION 6 — Site Access and Delivery Conditions

6.1 Customer Access Obligation

Customers must ensure that the delivery location is safely accessible to BULKBOXX delivery vehicles and personnel at the time of the scheduled appointment. Customers are responsible for ensuring that all access conditions at the service address accurately reflect the representations made at the time of booking.

6.2 Access Obstructions

If access to the delivery location is obstructed or unavailable due to any of the following conditions, additional service fees or redelivery fees may apply:

·        Vehicles, equipment, or debris blocking the delivery path

·        Locked gates, doors, or access points without prior arrangements

·        Unsafe terrain, soft ground, or flooded access routes

·        HOA-restricted access or gated community entry issues

·        Local permit requirements preventing access

·        Incorrect or missing access codes or instructions provided by the customer

·        Site conditions that differ materially from those represented at the time of booking

 

6.3 Failed Access Attempts

If BULKBOXX delivery personnel are unable to access the delivery location due to any condition within the customer's control:

·        The attempt will be treated as a failed delivery per T&C Section 4.4

·        A redelivery fee of up to $50.00 will be assessed

·        The customer will be contacted to reschedule at the next available appointment time

·        All applicable fees will be deducted from the security deposit on file per T&C Section 7, with any remaining balance charged to the credit card on file

 

6.4 Customer Responsibility for Access Accuracy

Customers acknowledge that:

·        They are solely responsible for ensuring that all access information provided at the time of booking — including gate codes, door codes, entry instructions, and site condition descriptions — is accurate and current at the time of the scheduled appointment

·        BULKBOXX is not responsible for failed deliveries or pickups resulting from inaccessible entry points, locked gates, missing access information, or site conditions that differ from those represented at booking

Any costs, delays, or additional fees resulting from inaccurate or incomplete access information provided by the customer are the sole responsibility of the customer.

 

6.5 Photographic Documentation

Customers acknowledge that BULKBOXX reserves the right to photograph or video record access routes, delivery conditions, placement areas, and surrounding property conditions before and after delivery and pickup. Such documentation may be used as evidence in billing disputes, insurance claims, or legal proceedings and shall constitute presumptive evidence, absent substantial contrary evidence.

6.6 Cross-Reference

Site access obligations, unattended delivery arrangements, failed delivery procedures, and associated fees are further governed by T&C Section 4 (Scheduling and Appointment Responsibility) and T&C Section 5 (Authorization to Access Property), both of which are incorporated by reference into this Damage Waiver.

In the event of any conflict between this section and T&C Sections 4 or 5, the T&C provisions shall control.


DAMAGE WAIVER — SECTION 7 — Weather, Environmental Conditions, and Force Majeure

7.1 Weather and Environmental Conditions

Customers acknowledge that outdoor placement of containers, crates, trailers, or other BULKBOXX equipment may expose both the equipment and any items stored within it to weather and environmental conditions.

BULKBOXX is not responsible for damage to rental equipment or customer belongings caused by:

·        Rain, flooding, or water intrusion

·        Wind or windborne debris

·        Extreme heat, humidity, or sun exposure

·        Mold or mildew resulting from moisture exposure

·        Environmental conditions beyond BULKBOXX's reasonable control

 

Customers are responsible for taking appropriate precautions to protect personal belongings stored in BULKBOXX equipment from weather and environmental exposure.

BULKBOXX equipment is not represented or warranted to be airtight, watertight, climate-controlled, humidity-controlled, or waterproof

7.2 Florida Weather Acknowledgment

Customers specifically acknowledge that BULKBOXX operates in Volusia County, Florida, a region with heightened exposure to:

·        Tropical storms and hurricanes, particularly during the Atlantic hurricane season from June 1 through November 30

·        Heavy rainfall, flooding, and storm surge events

·        Extreme heat and humidity that may affect stored items

 

Customers with active rentals during hurricane season are encouraged to proactively communicate with BULKBOXX regarding equipment contents and pickup contingency planning in advance of approaching weather events.

7.3 Force Majeure Cross-Reference

Customers acknowledge that weather events and other circumstances beyond BULKBOXX's control may affect scheduled delivery, pickup, and service operations. Service delays or cancellations resulting from Force Majeure Events as defined in T&C Section 17 shall be governed by the provisions of T&C Section 17, which is incorporated by reference into this Damage Waiver.

During a Force Majeure Event:

·        Rental periods will be extended at no additional charge per T&C Section 17.5

·        Security deposit return timelines will be paused per T&C Section 17.6

·        Customers remain responsible for the care and condition of equipment in their possession per T&C Section 1

 


DAMAGE WAIVER — SECTION 8 — Assumption of Risk

8.1 Voluntary Assumption of Risk

Customers voluntarily and knowingly acknowledge that moving, loading, transporting, and using heavy rental equipment involves inherent physical risks.

By using BULKBOXX equipment, customers voluntarily assume all risks associated with:

·        Loading and unloading containers, crates, and trailers

·        Handling, lifting, and moving heavy objects

·        Using moving dollies, hand trucks, and related equipment

·        Placing items in containers or trailers for storage or transport

·        Operating in outdoor conditions including uneven terrain, wet surfaces, or extreme temperatures

·        Securing equipment and its contents against unauthorized access, theft, weather exposure, and shifting during the rental period

 

8.2 Third-Party Risk Assumption

Customers acknowledge that they are responsible for the safety of all individuals present at the service location during equipment use, including:

·        Household members or occupants

·        Hired movers, laborers, or contractors

·        Friends, family members, or volunteers assisting with loading

 

Customers agree to ensure that all individuals present and assisting with equipment use are made aware of safe handling practices and the risks associated with moving heavy items and using rental equipment.

8.3 No Assumption of Risk by BULKBOXX

BULKBOXX does not assume any risk associated with the customer's loading, unloading, or use of rental equipment. The company's responsibility is limited to delivering equipment in good working condition per the warranty provisions of T&C Section 15.

8.4 Force Majeure Risk Acknowledgment

Customers acknowledge that Force Majeure Events as defined in T&C Section 17 — including but not limited to hurricanes, tropical storms, and flooding — may create additional risks associated with equipment in the customer's possession. Customers assume all risks associated with equipment in their care during a Force Majeure Event, subject to the provisions of T&C Section 17.

 


DAMAGE WAIVER — SECTION 9 — Limitation of Liability and Release

9.1 General Release

To the fullest extent permitted by Florida law, customers agree to release and hold harmless BULKBOXX, its owners, employees, contractors, and partners from any claims arising out of or related to the customer's use, possession, or loading of BULKBOXX rental equipment, including but not limited to claims for:

·        Personal injury or bodily harm

·        Property damage

·        Loss or damage to personal belongings

·        Accidents occurring during equipment use, loading, or unloading

 

9.2 Exclusion of Certain Damages

BULKBOXX shall not be liable for any:

·        Indirect, incidental, or consequential damages

·        Loss of use, revenue, or business opportunity

·        Damage to personal belongings resulting from improper packing or loading

·        Damage caused by shifting of items due to customer's improper loading

·        Weather-related or environmental damage to items stored in or transported within equipment

·        Damage resulting from the customer's selection of an unsuitable placement location

 

9.3 Liability Cap

In the event that BULKBOXX is found liable for any claim arising out of or related to the rental or use of BULKBOXX equipment or services, the total cumulative liability of BULKBOXX shall not exceed the total amount paid by the customer for the specific rental or service transaction giving rise to the claim.

This cap applies regardless of:

·        The nature or form of the claim (contract, tort, negligence, or otherwise)

·        Whether BULKBOXX was advised of the possibility of such damages

·        The number of claims arising from the same transaction or event

 

9.4 Customer Assumption of Risk

Customers voluntarily acknowledge and assume all risks associated with:

·        Loading, unloading, and handling equipment

·        Moving or transporting heavy objects

·        Using dollies, crates, trailers, or other rental equipment

·        Placing items in containers or trailers for storage or transport

 

Customers further acknowledge that they are responsible for ensuring that any individual assisting with loading or using the equipment does so in a safe and proper manner.

9.5 Exceptions

Nothing in this section shall limit or release BULKBOXX from liability for:

·        Gross negligence or willful misconduct by BULKBOXX or its employees

·        Fraud or intentional misrepresentation

·        Any liability that cannot be lawfully excluded or limited under applicable Florida law

 

9.6 Acknowledgment

Customers acknowledge that this limitation of liability and release is a material term of the rental agreement, that it has been made available for review prior to booking, and that customers have had the opportunity to seek independent legal counsel before agreeing to these terms.

9.7 Waiver of Ordinary Negligence Claims

To the fullest extent permitted by Florida law, the CUSTOMER EXPRESSLY WAIVES AND RELEASES ANY CLAIMS AGAINST BULKBOXX FOR ORDINARY NEGLIGENCE arising out of or related to the delivery, pickup, placement, loading, unloading, possession, or use of BULKBOXX equipment or services.

This waiver and release applies to claims arising from the customer’s own actions and from the actions of any individual present at the service location at the customer’s direction or with the customer’s permission.

This waiver does not apply to claims arising from the gross negligence, reckless conduct, or willful misconduct of BULKBOXX or its employees, as set forth in Section 9.5.


DAMAGE WAIVER — SECTION 10 — Indemnification

10.1 Customer Indemnification Obligation

To the fullest extent permitted by Florida law, customers agree to indemnify, defend, and hold harmless BULKBOXX, its owners, members, officers, employees, contractors, agents, and partners (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, damages, losses, costs, and expenses, including reasonable attorney's fees and court costs, arising out of or related to:

·        Improper use, overloading, or unsafe operation of BULKBOXX rental equipment by the customer or any individual present at the customer's direction

·        Violation of any rental policy, prohibited materials restriction, or safety guideline

·        Personal injury or property damage occurring while equipment is in the customer's possession

·        The customer's selection of an unsuitable or unsafe equipment placement location

·        Any third-party claims resulting from the customer's use of BULKBOXX equipment or services

 

10.2 Scope of Indemnification

This indemnification obligation applies to claims brought by:

·        Third parties injured or damaged as a result of the customer's use or possession of equipment

·        Government or regulatory agencies resulting from the customer's violation of applicable laws, codes, or permit requirements

·        Landfill operators or waste facilities resulting from the customer's placement of prohibited materials in BULKBOXX equipment

 

10.3 Indemnification Obligations — Scope and Cap

The customer's indemnification obligations under this Damage Waiver are structured identically to T&C Section 14.3, which is incorporated here by reference in its entirety.

For clarity and convenience, the structure is summarized as follows:

10.3A Uncapped Indemnification Obligations

The customer's indemnification obligation under this Damage Waiver shall not be subject to any predetermined monetary cap where damages, losses, costs, or claims arise from any of the following:

·        Personal injury or bodily harm to any person occurring while BULKBOXX equipment is in the customer's care, custody, or control

·        Property damage caused by the customer's use, placement, loading, or operation of BULKBOXX equipment

·        Environmental violations, hazardous material disposal, or the customer's placement of prohibited materials in BULKBOXX equipment

·        Third-party claims arising from the customer's use or possession of BULKBOXX equipment or services

·        Violations of applicable law, HOA rules, municipal codes, or regulatory requirements

·        The customer's misrepresentation of site conditions, access conditions, or placement requirements at the time of booking

·        Claims arising from the customer's gross negligence or willful misconduct

 

In these categories, the customer's indemnification obligation extends to all damages, losses, costs, fines, penalties, and legal expenses, whether direct or indirect, foreseeable or unforeseeable, and regardless of whether the customer acted knowingly or unknowingly.

10.3B Capped Indemnification for All Other Claims

For all other claims not involving the categories enumerated in Section 10.3A above, the customer's total indemnification obligation to BULKBOXX shall not exceed the greater of:

·        The total amount paid by the customer for the specific rental or service transaction giving rise to the claim, or

·        $25,000

whichever is greater.

10.3C Cap Exceptions

The cap set forth in Section 10.3B shall not apply in cases involving:

·        The customer's gross negligence or willful misconduct in any form

·        The customer's intentional or negligent placement of prohibited or hazardous materials in BULKBOXX equipment

·        Fraud or intentional misrepresentation by the customer

·        Any claim falling within the uncapped categories listed in Section 10.3A

 

10.3D Controlling Document

In the event of any conflict between this section and T&C Section 14.3, T&C Section 14.3 shall control. These sections are intended to be read consistently and the identical structure of both provisions reflects the mutual intent of the parties that indemnification obligations under both documents operate on the same terms.

In the event of any conflict between this Damage Waiver and the BULKBOXX Terms and Conditions, the order of precedence set forth in T&C Section 22.5 shall govern.

10.4 Defense Obligations

Upon receipt of any claim or legal proceeding for which indemnification may be sought, BULKBOXX shall:

·        Promptly notify the customer in writing of the claim

·        Allow the customer a reasonable opportunity to participate in the defense where the claim falls within the customer's indemnification obligation

·        Not settle any claim that creates financial obligations for the customer without the customer's prior written consent

 

10.5 Exceptions

This indemnification shall not apply to claims arising from:

·        The gross negligence or willful misconduct of BULKBOXX or its employees

·        Equipment delivered in an unsafe or defective condition

·        Any liability that cannot be lawfully transferred to the customer under applicable Florida law

 

10.6 Acknowledgment

Customers acknowledge that this indemnification obligation is a material term of the rental agreement, that it has been made available for review prior to booking, and that customers have had a reasonable opportunity to seek independent legal counsel before agreeing to these terms.


DAMAGE WAIVER — SECTION 11 — Acceptance of Policy

11.1 Acknowledgment of Agreement

By booking services, renting equipment, or using BULKBOXX services, customers acknowledge that they have read, understood, and agreed to this Damage Waiver and Customer Responsibility Policy in its entirety.

11.2 Eligibility

By accepting this Damage Waiver, customers represent and warrant that they are:

·        At least 18 years of age

·        Legally authorized to enter into a binding agreement under Florida law

·        Either the property owner or an authorized representative of the property owner at the service address

 

11.3 Electronic Acceptance

This Damage Waiver may be accepted electronically with the same legal force and effect as a handwritten signature, pursuant to the Florida Electronic Signature Act (F.S. § 668.001 et seq.) and the federal E-SIGN Act. Electronic acceptance methods are described in T&C Section 21.3, which is incorporated by reference into this Damage Waiver.

Customers consent to receive legal notices electronically.

11.4 Relationship to Terms and Conditions

This Damage Waiver and Customer Responsibility Policy is a companion document to the BULKBOXX Terms and Conditions. Both documents together constitute the complete agreement between the customer and BULKBOXX. In the event of any conflict between this Damage Waiver and the Terms and Conditions, the order of precedence outlined in T&C Section 22.5 shall apply.

11.5 Independent Legal Counsel

Customers acknowledge that they have had the opportunity to seek independent legal counsel before agreeing to this Damage Waiver and that BULKBOXX has not provided legal advice to the customer regarding the terms of this agreement.