NOCA Dumpsters
NOCA Holdings LLC d/b/a NOCA Dumpsters
Terms of Service and Rental Agreement
Last Updated: May 28, 2026
These Terms of Service and Rental Agreement ("Terms") apply to dumpster rentals and related services provided by NOCA Holdings LLC d/b/a NOCA Dumpsters ("NOCA," "NOCA Dumpsters," "Company," "we," "us," or "our"). By booking a dumpster, accepting delivery, submitting payment, clicking "I Agree," checking an acknowledgment box, signing or acknowledging these Terms, or using our services, Customer ("Customer," "you," or "your") agrees to these Terms.
These Terms apply to all dumpster deliveries, rentals, pickups, swaps, disposal services, and related services provided by NOCA.
1. Rental Agreement and Customer Acceptance
By placing an order, scheduling delivery, accepting a dumpster, submitting payment, clicking "I Agree," checking an acknowledgment box online, electronically signing, or using the dumpster, Customer agrees to be bound by these Terms.
Electronic acceptance, including clicking a confirmation button, checking an online acknowledgment box, submitting a booking form, submitting payment through NOCA’s website or booking platform, accepting delivery, or using the dumpster after delivery, constitutes legally binding acceptance of these Terms to the same extent as a written signature.
Customer agrees that NOCA may rely on such electronic acceptance as binding.
Customer represents that they are authorized to request dumpster placement at the service address and that they have permission from the property owner, landlord, tenant, homeowners association, municipality, or any other required party, if applicable.
Customer is responsible for ensuring that dumpster placement and use comply with all applicable laws, rules, regulations, private property restrictions, lease terms, homeowners association rules, municipal requirements, and permit requirements.
2. Legal Entity
All rentals, services, payments, agreements, and obligations are with NOCA Holdings LLC d/b/a NOCA Dumpsters.
3. Dumpster Sizes, Pricing, and Included Disposal Weight
Dumpster sizes, rental periods, included disposal weight, and pricing are shown at booking, on the NOCA website, in written quotes, or in invoices.
Unless otherwise stated in writing, current standard public rental pricing is:
- 10 Yard Dumpster: $450 for 7 days, includes 0.5 ton of disposal
- 15 Yard Dumpster: $550 for 7 days, includes 1 ton of disposal
- 20 Yard Dumpster: $650 for 7 days, includes 2 tons of disposal
- 30 Yard Dumpster: $800 for 7 days, includes 3 tons of disposal
Additional disposal weight above the included allowance is billed at the posted or quoted overweight rate, currently $175 per ton, unless otherwise stated in writing.
Additional rental days beyond the included rental period are billed at the posted or quoted daily rate, currently $5 per additional day, unless otherwise stated in writing.
Pricing, included disposal weight, rental periods, fees, and availability may change. The pricing shown at checkout, in a written quote, or in the customer’s invoice controls that rental.
4. Rental Period and Extra Days
The rental period begins on the scheduled delivery date or the date the dumpster is delivered, unless otherwise agreed in writing.
Customer is responsible for ensuring the dumpster is ready for pickup on or before the scheduled pickup date.
If Customer requests additional time or if pickup cannot be completed due to blocked access, overloaded material, unsafe conditions, prohibited materials, customer delay, or any condition outside NOCA’s control, additional rental days and related fees may apply.
5. Delivery and Placement
Customer is responsible for selecting a safe, accessible, and suitable location for dumpster placement.
NOCA will make reasonable efforts to place the dumpster in the requested location. Final placement is subject to driver discretion based on safety, access, surface conditions, overhead clearance, ground conditions, slope, legal restrictions, and operational feasibility.
NOCA may refuse or modify requested placement if the driver determines that the requested location is unsafe, unsuitable, inaccessible, likely to cause damage, or otherwise unreasonable.
Customer understands that NOCA’s truck and dumpster require adequate space, overhead clearance, turning room, and safe ground conditions for delivery and pickup.
6. Dumpster Placement and Surface Damage Risk
Customer understands and agrees that roll-off dumpsters are extremely heavy pieces of equipment. Depending on the dumpster size and equipment used, an empty dumpster may weigh approximately 2 to 5 tons before any debris is added. When loaded, the total weight may be significantly greater.
Customer acknowledges that delivery, placement, use, loading, movement, and pickup of a dumpster may cause damage to driveways, pavement, asphalt, concrete, gravel, lawns, curbing, walkways, pavers, decorative surfaces, underground utilities, irrigation systems, septic components, landscaping, or other property surfaces or improvements.
Potential damage may include, but is not limited to, scuffs, scrapes, scratches, gouges, tire marks, settling, sinking, cracking, chipping, rutting, staining, indentation, surface depression, broken pavement, damaged pavers, lawn damage, or other surface or subsurface damage.
Customer understands that different placement surfaces carry different risks, including but not limited to:
Grass or Lawn Areas: Placement on grass, lawns, or landscaped areas may cause ruts, sinking, soil compaction, torn-up turf, dead grass, yellowing, lack-of-sunlight damage, moisture damage, mud, drainage issues, or damage from the truck, dumpster, loading, or pickup process.
Gravel, Dirt, or Crushed Stone Areas: Placement on gravel, dirt, crushed stone, or similar surfaces may cause ruts, sinking, displacement of material, uneven surfaces, soft spots, tire tracks, mixing of soil and gravel, or the need for grading, raking, or resurfacing after removal.
Asphalt Driveways or Pavement: Placement on asphalt may cause scuffs, scrapes, gouges, tire marks, depressions, cracking, sinking, softening, staining, or surface damage, especially during warm weather, on newer asphalt, older asphalt, thin asphalt, or already weakened areas.
Concrete Driveways or Slabs: Placement on concrete may cause scratches, chips, cracks, surface marks, staining, settling, or damage to weak, thin, older, previously cracked, improperly cured, or unsupported concrete.
Pavers, Brick, Stone, Stamped Concrete, or Decorative Surfaces: Placement on pavers, brick, stone, stamped concrete, decorative concrete, or similar surfaces may cause shifting, cracking, scratching, staining, sinking, unevenness, or permanent damage.
Underground or Hidden Conditions: NOCA cannot see or verify underground or hidden conditions, including but not limited to septic systems, leach fields, wells, drainage systems, irrigation lines, underground utilities, culverts, soft ground, voids, weak base material, buried structures, or unstable soil. Customer is responsible for identifying and avoiding these areas before delivery.
Customer understands that these risks exist even when reasonable care is used and even when boards, wood, blocks, or other protective materials are placed under the dumpster or truck contact points. Boards or protective materials may reduce the risk of damage, but they do not eliminate it and are not a guarantee against damage.
By requesting delivery and placement of a dumpster, Customer accepts the inherent risk of surface and property damage associated with placing heavy equipment on the requested property area. Customer is solely responsible for selecting and authorizing a suitable placement location and assumes responsibility for ordinary surface damage or property damage resulting from the normal delivery, placement, use, loading, or pickup of the dumpster.
NOCA is not responsible for damage to driveways, pavement, asphalt, concrete, gravel, lawns, curbing, walkways, pavers, underground utilities, irrigation systems, septic systems, leach fields, wells, drainage systems, landscaping, or other surfaces or improvements arising from the inherent risks of dumpster placement, dumpster weight, loading, property conditions, or normal service operations.
This section does not release NOCA from responsibility for damage directly caused by NOCA’s gross negligence, willful misconduct, or direct collision with structures or objects outside the normal dumpster placement process, such as striking a mailbox, parked vehicle, fence, building, or similar object.
7. Overhead Clearance, Access, and Hidden Conditions
Customer is responsible for ensuring safe access to the placement location before delivery, pickup, swap, or service.
Customer is responsible for identifying and avoiding overhead obstructions, including but not limited to power lines, cable lines, phone lines, tree limbs, roof overhangs, awnings, basketball hoops, signs, wires, gutters, lights, and other structures or objects.
Customer is responsible for identifying and avoiding hidden or underground conditions, including but not limited to septic systems, leach fields, wells, irrigation systems, drainage systems, underground utilities, culverts, soft ground, unstable soil, buried structures, weak pavement, or other areas that may not support the weight of NOCA’s truck, dumpster, or loaded dumpster.
NOCA may refuse delivery, placement, pickup, or service if NOCA determines, in its sole discretion, that the location, access, surface, overhead clearance, ground conditions, road conditions, grade, load condition, or surrounding area is unsafe, unsuitable, blocked, or likely to cause damage or create a hazard.
If access is blocked or unsafe due to vehicles, locked gates, snow, ice, mud, low branches, wires, construction materials, landscaping, insufficient clearance, or any other condition outside NOCA’s control, Customer may be charged additional fees, including but not limited to failed trip fees, wait time, relocation fees, extra rental days, or other costs caused by the delay.
8. Customer Responsibility for Placement Location
Customer is solely responsible for the placement location selected or approved by Customer.
Customer agrees that NOCA may rely on Customer’s placement instructions and that Customer is responsible for any damage, cost, fee, loss, claim, or issue arising from Customer’s selected placement location, property conditions, hidden conditions, lack of permission, or failure to disclose risks.
If Customer requests placement in a driveway, on a lawn, on gravel, on dirt, on a public street, on a sidewalk, in a shared driveway, in a parking lot, near a structure, under trees or wires, or in any other location, Customer accepts the risks associated with that placement.
9. Permits, Municipal Rules, HOA Rules, and Permissions
Customer is responsible for obtaining any required permits, approvals, permissions, or authorizations for dumpster placement unless NOCA specifically agrees in writing to handle them.
This includes, but is not limited to, placement on streets, sidewalks, public ways, shared driveways, rental properties, condominium properties, apartment properties, business properties, construction sites, homeowner association areas, or any property not owned by Customer.
Customer is responsible for all fines, penalties, towing, removal orders, relocation costs, permit fees, or other costs arising from lack of required permission or permits.
10. Loading Responsibility
Customer is responsible for properly and safely loading the dumpster.
Customer agrees not to overload the dumpster, load materials above the fill line or top rim, load materials over the sides, create an unsafe load, place prohibited materials in the dumpster, or load the dumpster in a way that creates danger, damage, spillage, or an unsafe hauling condition.
NOCA does not control how Customer loads the dumpster after delivery. Customer is responsible for damage, injury, cleanup costs, rejected loads, disposal surcharges, return trip fees, or other costs caused by Customer’s loading, misuse, overloading, prohibited materials, or unsafe use of the dumpster.
11. Level Load Requirement
All materials must remain level with or below the top rim of the dumpster. Nothing may extend above the top of the dumpster or hang over the sides.
NOCA may refuse to haul any dumpster that is overloaded, overfilled, unevenly loaded, unsafe, blocked, contains prohibited materials, exceeds legal hauling limits, or cannot be safely tarped or transported.
If the dumpster is overfilled or unsafe to haul, Customer may be required to remove material before pickup. Additional rental days, failed trip fees, return trip fees, labor fees, disposal fees, or other charges may apply.
12. Weight Limits, Included Weight, and Heavy Materials
Customer understands that each dumpster rental includes a specific amount of disposal weight based on the dumpster size and rental package selected.
Customer may not exceed the included disposal weight for the selected dumpster rental package unless approved by NOCA in writing. Maximum safe hauling weight may vary based on dumpster size, debris type, road conditions, truck limitations, disposal facility requirements, and applicable law.
NOCA may refuse to haul any dumpster that NOCA determines is overweight, unsafe, improperly loaded, or likely to damage equipment, property, roads, or disposal facilities.
Additional overweight and disposal charges apply to any weight above the included allowance.
Customer is responsible for all weight placed in the dumpster, including weight added by rain, snow, wet materials, dirt, concrete, shingles, plaster, tile, brick, rock, asphalt, or other dense debris.
Heavy materials, including but not limited to concrete, brick, dirt, rock, asphalt, roofing shingles, plaster, tile, sand, wet debris, or other dense materials, may overload a dumpster quickly and may require prior written approval from NOCA.
NOCA may refuse to haul any load that NOCA determines is unsafe, overweight, improperly loaded, or likely to damage equipment, property, roads, or disposal facilities.
13. Prohibited Materials
Customer may not place prohibited, hazardous, restricted, or unacceptable materials in the dumpster.
Prohibited materials may include, but are not limited to:
- Hazardous waste
- Paint, stain, varnish, or paint products
- Oil, gasoline, fuel, or automotive fluids
- Chemicals, pesticides, poisons, cleaners, or solvents
- Asbestos or asbestos-containing materials
- Batteries
- Propane tanks or pressurized containers
- Tires
- Appliances containing Freon
- Electronics or e-waste where prohibited
- Medical waste
- Biological waste
- Food waste or household garbage where prohibited
- Liquids
- Flammable materials
- Explosives or fireworks
- Hot ashes, embers, or burning materials
- Regulated waste
- Any material prohibited by law, landfill rules, transfer station rules, or NOCA policy
Customer is responsible for all costs, fines, cleanup charges, disposal surcharges, rejection fees, return fees, handling fees, penalties, damages, or other charges resulting from prohibited materials.
If prohibited materials are discovered, NOCA may refuse pickup, return the load, remove prohibited items, charge additional fees, or take any other action required by law, safety, or disposal facility rules.
14. Special Items and Disposal Surcharges
Certain items may result in additional charges, special handling fees, or disposal surcharges. These may include, but are not limited to, mattresses, box springs, tires, appliances, electronics, televisions, Freon-containing items, upholstered furniture, railroad ties, propane tanks, and other restricted or special-handling materials.
Customer is responsible for all special item fees, disposal surcharges, facility fees, and related costs.
15. Machine Loading and Heavy Equipment
Customer may not use skid steers, excavators, loaders, forklifts, tractors, machinery, or other heavy equipment to load the dumpster unless NOCA approves such use in writing.
Machine loading can damage the dumpster, overload the dumpster, create unsafe weight distribution, or make the dumpster unsafe to haul. Customer is responsible for all damage, overweight charges, equipment damage, unsafe load conditions, and related costs caused by machine loading or heavy equipment use.
16. Dumpster Use, Door Safety, and Personal Injury Risk
Customer understands and agrees that dumpsters are heavy-duty waste containers and are not designed, intended, or provided for people to enter, climb into, stand in, play in, sleep in, or otherwise occupy.
Customer agrees that Customer, Customer’s family members, guests, tenants, employees, contractors, invitees, children, pets, or any other person under Customer’s control or on Customer’s property will not enter, climb on, climb into, stand inside, sit inside, hang from, play in, or misuse the dumpster.
Customer understands that entering or climbing on or into a dumpster is dangerous and may result in serious injury or death, including but not limited to falls, cuts, puncture wounds, crushing injuries, slipping, tripping, contact with sharp or hazardous debris, exposure to unsafe materials, or injury from shifting contents.
Customer also understands that dumpster doors, latches, hinges, chains, and related parts are heavy and may move, swing, shift, pinch, or close unexpectedly. The dumpster door may be opened for loading purposes only, but Customer assumes all risk associated with opening, closing, securing, loading through, or otherwise using the dumpster door.
Customer is solely responsible for supervising and controlling access to the dumpster while it is located at the service address. Customer agrees to keep children, pets, unauthorized persons, and anyone not safely using the dumpster away from the dumpster.
Customer assumes responsibility for injuries, claims, damages, losses, costs, or expenses arising from Customer’s use, misuse, loading, access to, entry into, climbing on, climbing into, opening or closing of the dumpster door, or failure to supervise or restrict access to the dumpster while it is on Customer’s property.
NOCA is not responsible for personal injury, property damage, or other losses arising from Customer’s use, misuse, entry into, climbing on, loading, unloading, opening, closing, or operation of the dumpster or dumpster door, except to the extent directly caused by NOCA’s gross negligence, willful misconduct, or other liability that cannot be waived under applicable law.
17. Unauthorized Movement or Relocation
Customer may not move, drag, push, tow, lift, reposition, or relocate the dumpster for any reason. Only NOCA may move or reposition the dumpster.
Customer is responsible for any damage, injury, loss, fees, towing, recovery, repair costs, or other expenses caused by unauthorized movement, attempted movement, relocation, dragging, pushing, or misuse of the dumpster.
If the dumpster needs to be moved after placement, Customer must contact NOCA and request a relocation. Additional fees may apply.
18. Customer Responsibility for Contents and Third-Party Dumping
Customer is responsible for all contents placed in the dumpster while it is at the service address, regardless of who placed the materials in the dumpster.
This includes materials placed by Customer, family members, tenants, guests, employees, contractors, neighbors, unknown third parties, or unauthorized persons.
Customer is responsible for any additional charges, fines, cleanup costs, disposal surcharges, return fees, rejection fees, contamination fees, prohibited item charges, or other costs arising from the contents of the dumpster.
Customer is encouraged to monitor the dumpster, prevent unauthorized dumping, and restrict access when possible, especially if the dumpster is placed in a public, shared, or easily accessible area.
19. Rejected, Contaminated, or Unsafe Loads
Disposal facilities may reject or surcharge loads containing prohibited materials, hazardous materials, excessive weight, contamination, mixed restricted materials, or other unacceptable contents.
Customer is responsible for all costs resulting from rejected, contaminated, prohibited, or unsafe loads, including but not limited to disposal fees, surcharges, sorting fees, cleanup costs, fines, penalties, return trip fees, and additional rental charges.
20. Pickup Requirements
Customer must ensure the dumpster is accessible and ready for pickup on the scheduled pickup date.
Access must be clear of vehicles, equipment, materials, gates, locks, snow, ice, low branches, wires, debris, or other obstructions.
If NOCA cannot safely access or remove the dumpster due to blocked access, unsafe conditions, overloading, prohibited materials, customer delay, or any condition outside NOCA’s control, additional fees may apply, including failed trip fees, wait time, return trip fees, relocation fees, extra rental days, or other related charges.
21. Weather, Road Conditions, Delays, and Force Majeure
Delivery, pickup, swap, or service may be delayed, refused, suspended, or canceled due to weather, snow, ice, mud, storms, flooding, unsafe ground conditions, road restrictions, traffic, accidents, mechanical issues, landfill closures, disposal facility delays, driver availability, labor shortages, supply chain issues, fuel shortages, power outages, natural disasters, government orders, emergencies, acts of God, or other conditions outside NOCA’s reasonable control.
NOCA is not responsible for delays, nonperformance, or failure to provide service caused by conditions outside its reasonable control.
If NOCA is unable to perform services within a reasonable time due to conditions outside its control, NOCA may reschedule service or issue a refund for prepaid services that cannot be performed, at NOCA’s discretion and subject to any costs already incurred.
Customer is responsible for maintaining safe access during snow, ice, mud, or poor ground conditions. If the truck or dumpster becomes stuck due to site conditions, Customer may be responsible for towing, recovery, wait time, failed trip fees, property repair, or other related costs.
22. Damage to NOCA Equipment by Customer or Third Parties
NOCA retains ownership of all dumpsters, trucks, equipment, and related property at all times. Customer has no ownership interest in NOCA’s dumpster or equipment.
Customer is responsible for damage to NOCA’s dumpster, truck, equipment, or property while the dumpster is located at the service address, except to the extent directly caused by NOCA’s gross negligence or willful misconduct.
This includes damage caused by Customer, Customer’s family members, guests, tenants, employees, contractors, invitees, neighbors, unknown third parties, vandalism, graffiti, fire, prohibited materials, machine loading, overloading, unauthorized movement, misuse, or other activity occurring while the dumpster is at the service address.
Customer may be charged for repair, replacement, cleaning, recovery, downtime, loss of use, or related costs.
23. Fire Risk
Customer may not place hot ashes, embers, fireworks, flammable materials, fuels, oils, chemicals, batteries, propane tanks, pressurized containers, or any material that may ignite, explode, leak, or create a fire hazard in the dumpster.
Customer is responsible for all damage, injury, cleanup costs, disposal costs, fire department charges, equipment damage, property damage, and related expenses caused by fire, smoke, explosion, hazardous materials, or unsafe materials placed in the dumpster.
24. Photographs and Documentation
Customer authorizes NOCA to photograph, video, or otherwise document the dumpster, placement area, driveway or surface condition, access conditions, load level, prohibited materials, blocked access, unsafe conditions, property condition, damage, or any other relevant condition before, during, or after delivery, service, or pickup.
NOCA may use such documentation for operational records, billing, dispute resolution, insurance purposes, collection of fees, safety review, and enforcement of these Terms.
25. Privacy, Payment Data, and Service Records
Customer authorizes NOCA to collect and use information necessary to provide services, process payments, communicate with Customer, document rentals, enforce these Terms, resolve disputes, and collect amounts owed.
This information may include Customer’s name, phone number, email address, billing information, service address, delivery details, payment information, communications, photos, videos, load documentation, placement documentation, and related service records.
NOCA uses this information to: (a) provide, schedule, and complete rental services; (b) process payments and manage Customer accounts; (c) resolve disputes, billing questions, and service issues; (d) communicate with Customer about their rental; and (e) comply with applicable legal requirements.
NOCA does not sell Customer’s personal information to third parties. NOCA may share information with service providers, payment processors, disposal facilities, and other parties as reasonably necessary to provide services or comply with law.
Payment card information is processed through NOCA’s payment processor and is not stored on NOCA’s systems beyond what is required for card-on-file billing as authorized under these Terms.
NOCA retains records, photographs, and documentation for a minimum of three (3) years following the rental date for business, legal, and insurance purposes.
For more information about how NOCA collects, uses, and protects Customer information, please review NOCA’s Privacy Policy, available at nocadumpsters.com/privacy. If there is a conflict between these Terms and the Privacy Policy regarding privacy or data practices, the Privacy Policy controls for those matters. If there is a conflict regarding rental responsibilities, payment obligations, service rules, fees, property risk, equipment use, or liability, these Terms control.
26. Payment Authorization and Card on File
Customer authorizes NOCA to charge Customer’s payment method for the rental price and any additional charges allowed under these Terms.
Additional charges may include, but are not limited to:
- Overweight charges
- Additional rental days
- Failed delivery or pickup fees
- Return trip fees
- Relocation fees
- Wait time
- Disposal surcharges
- Prohibited item fees
- Special item fees
- Rejected load fees
- Cleanup fees
- Damage to dumpster or equipment
- Towing or recovery fees
- Administrative or collection costs
- Any other fees caused by Customer’s rental, use, loading, contents, site conditions, or breach of these Terms
Customer agrees that NOCA may keep Customer’s card or payment method on file and may charge it for amounts due under these Terms.
27. Late Payments, Collections, Chargebacks, and Returned Payments
Payment is due at the time of booking or as otherwise agreed in writing.
Any balance not paid within fifteen (15) days of the invoice date is considered past due.
Past-due balances may accrue interest at the rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is less, from the date the balance becomes past due until paid in full.
Returned checks or failed electronic payments may be subject to a returned payment fee of up to $35 or the maximum permitted by applicable law.
If NOCA must pursue collection of any past-due amount, Customer agrees to pay NOCA’s reasonable attorney’s fees, court costs, collection agency fees, filing fees, chargeback fees, returned payment fees, administrative costs, and other costs of collection, to the fullest extent permitted by law.
If Customer disputes, reverses, charges back, cancels, or blocks a valid payment, Customer remains responsible for the original amount due, any additional fees caused by the dispute or chargeback, and any collection costs allowed by law.
NOCA may suspend service, refuse future rentals, delay pickup, or require payment in full before providing additional service if Customer has an unpaid balance.
28. Cancellations, Rescheduling, Dispatch, and Refunds
Cancellations must be made by calling or emailing NOCA.
The following cancellation schedule applies unless otherwise stated in writing at the time of booking:
- Cancellation 48 or more hours before the scheduled delivery date: Full refund of any prepaid amount, less a $25 administrative processing fee.
- Cancellation less than 48 hours before the scheduled delivery date: 50% of the rental fee is non-refundable.
- Cancellation after the dumpster has been delivered: No refund. Customer remains responsible for the full rental fee, any applicable disposal fees, pickup costs, and any additional charges under these Terms.
- Failed delivery due to Customer’s inaccessible site, insufficient clearance, unsafe conditions, lack of permission, or Customer not being ready: Customer may be charged a failed trip fee of up to $150, and the rental fee may not be refunded unless NOCA is able and agrees to reschedule.
NOCA reserves the right to cancel or reschedule service due to weather, unsafe site conditions, equipment availability, access issues, or other circumstances outside NOCA’s control. In such cases, NOCA will make reasonable efforts to reschedule and may issue a refund if rescheduling is not possible and services cannot be performed.
29. NOCA Equipment, Customer Contents, and Recovery Rights
NOCA retains ownership of all dumpsters, trucks, equipment, and related property at all times. Customer has no ownership interest in NOCA’s dumpster or equipment.
Customer may not withhold, hide, block, move, damage, prevent access to, or refuse return of NOCA’s dumpster or equipment.
If Customer fails to pay amounts due, blocks access, refuses pickup, prevents recovery of equipment, or otherwise interferes with NOCA’s property, Customer is responsible for all costs incurred by NOCA, including but not limited to recovery costs, additional rental days, failed trip fees, wait time, towing or recovery fees, legal fees, collection costs, disposal costs, and damage to equipment.
NOCA may retrieve its dumpster and equipment when the rental period ends, when payment is not made, when these Terms are breached, when the dumpster is unsafe or improperly used, or when NOCA determines recovery is necessary.
Customer remains responsible for all contents placed in the dumpster and all charges related to handling, hauling, disposal, storage, rejection, cleanup, or return of those contents.
NOCA does not waive any lien, recovery, collection, or legal rights available under applicable law.
30. Right to Refuse Service
NOCA reserves the right to refuse, cancel, delay, or discontinue service if NOCA determines that service would be unsafe, illegal, impractical, inaccessible, likely to cause damage, or in violation of these Terms.
NOCA may also refuse service due to prohibited materials, unsafe loads, overweight loads, blocked access, lack of payment, abusive conduct, unsafe site conditions, or other reasonable concerns.
31. Customer Indemnification
To the fullest extent permitted by law, Customer agrees to defend, indemnify, and hold harmless NOCA Holdings LLC d/b/a NOCA Dumpsters, its owners, members, employees, agents, contractors, insurers, successors, and assigns from and against any claims, damages, losses, liabilities, fines, penalties, costs, expenses, and attorney’s fees arising out of or related to:
- Customer’s use, misuse, loading, or access to the dumpster
- Customer’s placement request or selected placement location
- Property conditions, hidden conditions, or lack of access
- Overloading, unsafe loading, or prohibited materials
- Injury to Customer or third parties caused by Customer’s use or misuse of the dumpster
- Third-party dumping or contents placed in the dumpster while at Customer’s service address
- Damage to NOCA’s equipment caused by Customer, neighbors, unknown third parties, or unauthorized persons while the dumpster is at Customer’s service address
- Customer’s breach of these Terms
- Customer’s failure to obtain required permits, approvals, or permissions
- Damage caused by Customer, Customer’s guests, tenants, employees, contractors, invitees, neighbors, unknown third parties, or other persons outside NOCA’s control
This indemnification does not apply to the extent a claim is directly caused by NOCA’s gross negligence, willful misconduct, or other liability that cannot be waived under applicable law.
32. Clarification of Responsibility
Customer accepts the inherent risks associated with dumpster delivery, placement, use, loading, and pickup, including ordinary surface damage, property damage, and personal injury risks arising from the presence and use of a heavy roll-off dumpster on the requested property.
Nothing in these Terms is intended to release NOCA from responsibility for damage or injury directly caused by NOCA’s gross negligence, willful misconduct, or other liability that cannot be waived under applicable law.
However, NOCA is not responsible for damage, injury, loss, or expense arising from Customer’s placement request, property conditions, hidden or underground conditions, inadequate access, misuse of the dumpster, loading activities, entry into or climbing on the dumpster, use of the dumpster door, prohibited materials, overloading, third-party dumping, unauthorized movement, or other conditions outside NOCA’s control.
33. Limitation of Liability
To the fullest extent permitted by law, NOCA is not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, loss of use, project delays, business interruption, inconvenience, or other indirect losses arising from or related to the rental, delivery, placement, pickup, use, or inability to use a dumpster.
To the fullest extent permitted by law, NOCA’s total liability to Customer for any claim arising from or related to a single rental transaction shall not exceed the amount paid by Customer for that rental.
34. Claims Deadline
To the fullest extent permitted by applicable law, any claim or cause of action arising from or relating to any NOCA rental, service, charge, delivery, placement, pickup, property damage, personal injury, or these Terms must be filed within one (1) year after the date the dumpster was picked up or the date on which the claim arose, whichever occurs earlier.
Any claim not filed within this period is permanently barred to the fullest extent permitted by law.
This shortened limitation period does not affect any limitation period that cannot be shortened by contract under applicable law.
35. Dispute Resolution, Venue, and Jury Trial Waiver
Customer and NOCA agree to first make a good-faith effort to resolve any dispute informally before filing a lawsuit, except where immediate legal action is reasonably necessary to protect property, equipment, payment rights, safety, or legal interests.
Any lawsuit, claim, or legal proceeding arising out of or related to these Terms, the rental, delivery, placement, pickup, charges, property damage, personal injury, or NOCA’s services must be brought in the state or federal courts located in Maine, unless applicable law requires otherwise.
Customer and NOCA agree that Maine law governs these Terms and any dispute arising out of or related to NOCA’s services, without regard to conflict of law rules.
To the fullest extent permitted by law, Customer and NOCA knowingly and voluntarily waive any right to a trial by jury in any dispute arising out of or related to these Terms, the rental, delivery, placement, use, pickup, charges, property damage, personal injury, or NOCA’s services.
Nothing in this section prevents either party from bringing an eligible claim in small claims court.
Nothing in this section prevents NOCA from seeking immediate legal or equitable relief to recover its equipment, protect its property, collect undisputed amounts, or prevent ongoing harm.
36. No Class Actions
To the fullest extent permitted by law, all claims must be brought on an individual basis.
Customer may not bring any claim as a class action, collective action, private attorney general action, or representative action, and may not consolidate Customer’s claim with claims of any other person or entity.
37. No Waiver
NOCA’s failure to enforce any provision of these Terms does not waive NOCA’s right to enforce that provision or any other provision in the future.
38. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions remain in full force and effect.
The invalidity or unenforceability of any one provision shall not affect the enforceability of the remainder of these Terms.
39. Entire Agreement
These Terms, together with any written quote, invoice, or booking confirmation issued by NOCA, constitute the entire agreement between the parties regarding the subject matter of NOCA’s rental and related services and supersede all prior discussions, representations, negotiations, and agreements, whether oral or written.
No modification of these Terms is effective unless made in writing and signed by an authorized representative of NOCA, except that NOCA may update these Terms prospectively for future rentals.
40. Governing Law
These Terms are governed by the laws of the State of Maine, without regard to conflict of law rules.
41. Contact Information
Questions about these Terms or NOCA’s services may be directed to:
NOCA Dumpsters
NOCA Holdings LLC d/b/a NOCA Dumpsters
Email: Info@NocaDumpsters.com
Phone: 207-600-5550
42. Customer Acceptance
By booking a dumpster, submitting payment, clicking "I Agree," checking an online acknowledgment box, signing or acknowledging these Terms, accepting delivery, or using NOCA’s services, Customer acknowledges that Customer has read, understands, and agrees to these Terms.
Electronic acceptance is binding to the same extent as a written signature.
