ARP Rentals Residential Service Agreement

 Notice About Dispute Resolution

These Terms & Conditions contain provisions on binding arbitration of disputes on an individual basis, which will be binding on you unless you opt out as described in Section 8 below. Unless you opt out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding, and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, subject to applicable Ontario law.

1. SERVICES RENDERED; WASTE MATERIALS

Customer grants to ARP Rentals the exclusive right, and ARP Rentals through itself and its affiliates shall furnish equipment and services, to collect and dispose of and/or recycle (collectively, the “Services”) all of Customer’s Waste Materials at Customer’s service address in Ontario. Customer agrees that the Waste Materials collected under these terms and conditions shall not include any Excluded Materials. “Waste Materials” means all non-hazardous solid waste, organic waste, and, if applicable, recyclables, generated by Customer or at Customer’s service address, as defined under Ontario’s Environmental Protection Act. “Excluded Materials” means (a) radioactive, (b) corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, toxic, regulated medical or hazardous waste, substance, or material, as defined by, characterized, or listed under applicable Canadian federal, Ontario provincial, or municipal laws or regulations (e.g., Environmental Protection Act, Ontario Regulation 347); (c) any materials containing information protected by Canadian or Ontario privacy laws (e.g., Personal Information Protection and Electronic Documents Act – PIPEDA); (d) any materials requiring more stringent environmental protection, handling, documentation, or management than normal municipal solid waste due to physical or chemical characteristics; and (e) any other waste or material prohibited from being received, managed, or disposed of at the disposal facility. Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Customer’s Waste Materials is transferred to ARP Rentals upon receipt or collection by ARP Rentals, unless otherwise provided in these terms and conditions or Ontario law.

2. EQUIPMENT

Any dumpster(s) or bin(s) (“Equipment”) furnished by ARP Rentals to Customer shall remain ARP Rentals’ property. While the Equipment is in Customer’s possession, Customer is liable for all loss or damage to the Equipment, except for normal wear and tear. Customer shall provide safe, unobstructed access to the Equipment on pick-up day, in compliance with Ontario’s Occupational Health and Safety Act.

3. INVOICES; PAYMENT TERMS

Customer must pay ARP Rentals in advance on a per-dumpster basis (in Canadian dollars, CAD). Invoices represent ARP Rentals’ offer to provide Services for the specified rental period. By accepting Service, Customer agrees to all terms and conditions. Customer agrees to pay ARP Rentals the invoiced amount (“Charges”) prior to delivery. Invoices can be paid online. If full payment of the Charges is not received within thirty (30) days from the invoice date, Customer will be assessed a late fee as specified on the invoice, calculated at the maximum rate allowed under Ontario law (e.g., Courts of Justice Act), with a minimum late fee of $100 CAD. Customer acknowledges that such late fee is a reasonable charge for anticipated loss and cost to ARP Rentals for late payment, not interest or a finance charge, per Ontario’s Consumer Protection Act, 2002. If Customer fails to pay an invoice on time, ARP Rentals may terminate or suspend Services until full payment is received. If service is suspended for non-payment, Customer may be charged a resume fee (in CAD) to restart service. If Services are suspended or terminated by ARP Rentals due to Customer’s breach, or if Customer terminates the Services, no refunds, pro-rated amounts, or returns of prior payments will be provided. See Section 4 for additional charges.

4. CHARGES & ADDITIONAL SERVICES

In addition to the Charges, ARP Rentals reserves the right to charge Customer additional fees (in CAD) for services provided, whether requested or incurred by Customer, including, but not limited to, account resume or reactivation services; extra pickups or trip charges; container overages, overflows, and damages (see www.ARPbinrentalssarnia.com/faqs for a list of “Additional Services,” which may be updated). Customers are advised to request current charge amounts for additional services at the time of ordering and to call the number listed on their invoice for details. An Energy Surcharge applies to all Charges, including delivery and/or removal charges, with details at www.ARPbinrentalssarnia.com/faqs. Provincial (e.g., Harmonized Sales Tax – HST at 13%), municipal taxes or fees, and a Recycle Material Offset, if applicable, will be added to the Charges. ARP Rentals may adjust Charges to cover increases in disposal, processing, and/or transportation costs, or due to uncontrollable circumstances, including changes in Canadian or Ontario laws or regulations (e.g., Resource Recovery and Circular Economy Act), imposition of taxes, fees, or surcharges, or acts of God such as floods, fires, or natural disasters, with notice to Customer where required by Ontario law.

5. INDEMNITY

ARP Rentals agrees to indemnify, defend, and hold Customer, its parent, subsidiaries, and affiliates harmless from and against any liability for bodily injuries (including death), property damage, or any violation of Ontario or Canadian law, to the extent caused by ARP Rentals’ negligence, willful misconduct, or that of its employees, occurring (a) during collection or transportation of Customer’s Waste Materials, or (b) as a result of disposal in a facility owned by ARP Rentals or its affiliates, provided this does not apply to occurrences involving Excluded Materials. Customer agrees to indemnify, defend, and hold ARP Rentals, its parent, subsidiaries, affiliates, and joint venture partners harmless from any liability for bodily injuries (including death), property damage, or any violation of law, to the extent caused by Customer’s breach of these terms, negligence, willful misconduct, or that of its employees, agents, or contractors, or Customer’s use, operation, or possession of Equipment. Neither party shall be liable for consequential, incidental, or punitive damages arising from performance or breach of these terms, except as required under Ontario law.

6. MISCELLANEOUS

(a) ARP Rentals shall not be in default for failure to perform or delay caused by events beyond its reasonable control, including riots, governmental orders, fires, acts of war or terrorism, acts of God, or inability to obtain equipment, and shall be excused from performance during such events. (b) These terms and conditions shall be construed in accordance with the laws of Ontario. (c) Different terms may apply to residential dumpster customers under municipal contracts, homeowner’s association agreements, or individual customer agreements. (d) If ARP Rentals enforces its rights against Customer, Customer shall pay ARP Rentals’ reasonable legal fees and court costs, per Ontario law. (e) By providing phone number(s), email, and home address, Customer authorizes ARP Rentals and its agents to contact Customer regarding this account using artificial or prerecorded messages or auto-dialing equipment at the provided contact points, in compliance with Canada’s Anti-Spam Legislation (CASL).

7. RECYCLING SERVICES

All Recyclable Materials must be clean, dry, unshredded, empty, loose, and unbagged. (a)(i) Single Stream Recyclable Materials (“Single Stream”) will consist of Customer’s entire volume of uncoated office and writing paper, magazines, pamphlets, mail, newspaper; flattened, uncoated cardboard, paperboard boxes; aluminum food and beverage containers, tin or steel cans; glass; and rigid container plastics #1, #2, and #5, including narrow neck containers and tubs. Any material not listed, such as foam, film plastics, plastic bags, napkins, tissue, paper towels, or food-contaminated paper, is unacceptable. Glass may not be accepted at all locations. ARP Rentals reserves the right, upon notice, to discontinue acceptance of any Recyclable Materials due to market conditions, with no guarantee of recyclability. Collected Recyclable Materials with no commercially reasonable market may be landfilled at Customer’s cost (in CAD). (b) Recyclable Materials may not contain Nonconforming Waste, Hazardous Waste, Special Waste, or materials that could damage ARP Rentals’ property, personnel, or the public, or impair its structures or equipment, per Ontario’s Environmental Protection Act. (c) ARP Rentals may reject or process non-conforming Recyclable Materials at its discretion, and Customer shall pay all increased costs, losses, and expenses (in CAD), including a contamination charge for handling, processing, transporting, and/or disposing of such materials, plus charges for bulky items (e.g., appliances, concrete, furniture, mattresses, tires, electronics, pallets, yard waste, propane tanks).

8. LEGAL DISPUTES; ARBITRATION AGREEMENT; RIGHT TO OPT OUT

Please Read This Section Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.

A. Initial Dispute Resolution

We are available by email at {ARPRentals@outlook.com} or via www.ARPbinrentalssarnia.com to address concerns about the Services. Most concerns may be resolved informally. ARP Rentals and Customer agree to use best efforts to settle disputes through consultation and good faith negotiations as a precondition to initiating a lawsuit or arbitration, per Ontario’s Arbitration Act, 1991.

B. Agreement to Binding Arbitration

If no solution is reached within thirty (30) days of initiating informal dispute resolution under Section 8(A), either party may initiate binding arbitration. All claims arising from these Terms and Conditions (including formation, performance, and breach), the parties’ relationship, or ARP Rentals’ provision of Services shall be settled by binding individual arbitration administered confidentially by a recognized Ontario arbitration provider (e.g., ADR Institute of Canada), in accordance with its rules, excluding class arbitration procedures. Each party may use legal counsel at its own expense. A single neutral arbitrator will be selected per the provider’s rules. The arbitrator shall have exclusive authority to resolve disputes regarding the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including claims of voidness. The arbitrator may grant relief available under Ontario law or equity. The arbitrator’s award shall be in writing, state essential findings and conclusions, be binding, and may be entered as a judgment in an Ontario court. Arbitration shall comply with Ontario’s Arbitration Act, 1991. If Customer initiates arbitration and the filing fee exceeds $250 CAD, ARP Rentals will pay the excess, upon Customer’s request to the arbitration provider. ARP Rentals will cover other arbitration costs, but Customer will not be required to pay ARP Rentals’ fees if Customer does not prevail. The parties acknowledge that arbitration may limit court access, jury trials, discovery, and potentially increase costs compared to litigation, per Ontario law.

C. Class Action and Class Arbitration Waiver

Arbitration shall be conducted on an individual basis only, not as a class or representative action. Customer and ARP Rentals waive rights to file a class action or seek class-based relief. If a court or arbitrator deems this waiver unenforceable or permits class arbitration, the arbitration provision in Section 8(B) shall be void, and the parties shall not be deemed to have agreed to arbitrate disputes.

D. Exception – Small Claims Court Claims

Either party may seek relief in an Ontario Small Claims Court for disputes within its jurisdiction (up to $35,000 CAD as of 2025).

E. 30-Day Right to Opt Out

Customer may opt out of arbitration and class action waiver provisions in Sections 8(B), 8(C), and 8(D) by sending written notice to arprentals@outlook.com within thirty (30) days of enrolling for Services. If Customer opts out, ARP Rentals will not be bound by these provisions either.

F. Exclusive Venue for Litigation

If arbitration provisions do not apply, litigation shall be filed exclusively in courts in Sarnia, Ontario, Canada (except for Small Claims Court actions, which may be brought in Customer’s county of residence). The parties consent to exclusive jurisdiction in Sarnia, Ontario, for applicable litigation.