Terms of Service

• "Container" or "Dumpster": The roll-off waste container owned by Wormwood and provided solely as equipment necessary for facilitating the Service. While commonly referred to as a "dumpster," for the purposes of this agreement, it is not rented but provided as part of the overall Service package. The Customer bears responsibility for damage beyond 'Reasonable Wear and Tear' as detailed in Section 9.g.
• "Customer": The individual or entity booking the Service and responsible for compliance with these Terms.
• "Prohibited Materials": Items listed in Section 11 or otherwise designated by Wormwood, law, or regulation as unacceptable for disposal via the Service.
• "Service Period": The duration selected by the Customer at booking for the Container to be placed at the Service Location for waste loading, inclusive of delivery and scheduled pickup dates.
• "Service Location": The address provided by the Customer where the Container will be delivered and picked up as part of the Service.
• "Hazardous Waste": Any waste defined as hazardous under federal, state (Massachusetts), or local laws or regulations, including materials restricted under current MassDEP Waste Bans.
• "Reasonable Wear and Tear": Minor cosmetic impacts consistent with normal operational use. Includes minor paint scratches, small scuffs, and paint fading. Explicitly excludes damage attributable to Customer actions or negligence.
• "Rolliskates": Specialized equipment designed to increase the surface area contacting the ground, intended to mitigate potential property damage.
• "Permitted Waste Materials": Materials accepted for disposal as outlined in Section 10, generally non-hazardous waste compatible with standard Massachusetts disposal facilities.

Wormwood agrees to provide the Service, which includes: the delivery of a Container to the Service Location, the Customer's use of the Container for loading Permitted Waste Materials during the Service Period, and the subsequent retrieval, transportation, and disposal of the Container's contents. Optional service enhancements (Priority Delivery, Extra Driveway Protection, Cancellation Insurance) may be selected at booking for an additional fee.

Wormwood provides the Service "as is" without any warranties, express or implied.

a. Purpose: Priority Delivery places the Customer's delivery at the beginning of Wormwood's delivery schedule for the requested date.

b. Limitations: Priority Delivery does NOT guarantee delivery by a specific clock time. It guarantees the earliest available slot within Wormwood's operational capacity for that date. If multiple Customers request Priority Delivery for the same date, priority slots are assigned first-come, first-served.

c. Force Majeure: Wormwood shall not be liable for delays caused by factors beyond its reasonable control (traffic, weather, equipment breakdowns).

d. Fee: Stated during the booking process and included on the initial invoice. Non-refundable except as covered under Optional Cancellation Insurance.

a. Purpose: This service involves Wormwood utilizing Rolliskates during delivery and placement to increase the surface area contacting the ground and mitigate potential driveway damage.

b. Limitations: The use of Rolliskates does NOT guarantee that no damage will occur. Factors such as surface condition, subsurface stability, total weight of the loaded Container, and weather can still result in damage even with Rolliskates in use.

c. Liability: Purchasing this service does NOT transfer liability for property damage from the Customer to Wormwood. The Customer remains fully responsible for any property damage resulting from the Service.

d. Fee: Non-refundable once paid, except as covered under Optional Cancellation Insurance.

The Service Period commences on the Container delivery date and ends on the scheduled pickup date. Extensions may be requested via phone, text, or email, are subject to Container availability and Wormwood's approval, and are subject to the applicable daily extension fee. If Wormwood is unable to retrieve the Container on the scheduled date due to its own operational issues (excluding Force Majeure), no extra day charges will apply for the duration of Wormwood's delay.

a. Base Service Fee: Due upon receipt of the initial invoice. Service will not be scheduled until this invoice is paid in full.

b. Fuel Surcharge: A variable, mileage-based surcharge calculated at checkout based on round-trip distance from 261 Meadow St, Carver, MA. The rate effective at time of booking is fixed for that order.

c. Overage Fees: If actual waste weight exceeds the included allowance, an overage fee applies per ton (or portion thereof) at the rate agreed upon at booking. Certified scale tickets are final and binding. No adjustments for weather-related weight increases (rain, snow, ice).

d. Dry Run Fee – $200.00: Charged per unsuccessful delivery or retrieval attempt caused by Customer-related issues (obstructed access, locked gates, Prohibited Materials, overfilled Container, unsafe conditions).

e. Safety Compliance Fee – $150.00: Charged if waste materials are loaded above the top rim and Wormwood must rearrange the load to allow safe transport.

f. Extra Day Charges: Accrue daily when the Container cannot be retrieved due to Customer-related issues. Begin the day following the originally scheduled pickup date and continue until the Container is successfully retrieved.

g. Special Handling Item Fees (per item):

h. Priority Delivery Fee: Presented at booking, included on initial invoice. Non-refundable except under Cancellation Insurance.

i. Extra Driveway Protection Fee: Presented at booking, included on initial invoice. Non-refundable except under Cancellation Insurance.

Customer warrants the Service Location is accessible for Wormwood's standard delivery trucks — at minimum: 60 feet of straight-line approach, 14 feet of width, and 18 feet of overhead clearance. Customer must ensure the area is free from obstructions (vehicles, debris, locked gates, overhead hazards) on scheduled service dates.

Customer is solely responsible for clearing snow and ice to provide a safe access route. If the driver deems the area unsafe, Wormwood may refuse service. A Dry Run Fee will apply, and Extra Day Charges will accrue until safe access is confirmed.

If Customer directs placement on a public street or right-of-way, Customer assumes all liability for fines, towing, citations, accidents, or other consequences.

Customer agrees to load the Container evenly and ensure waste materials do not extend above the top rim. All materials must be contained within the Container walls and low enough to allow the mechanical tarping system to fully cover the load for safe and legal transport.

If the Container is deemed overfilled upon retrieval, Wormwood may either (1) attempt rearrangement (Safety Compliance Fee applies) or (2) require Customer to rectify the load (Dry Run Fee and Extra Day Charges apply). If the Container is too heavy to pick up, Customer is solely responsible for offloading material to a safe hauling weight.

Customer agrees to: pay all applicable charges; use the Container only for Permitted Waste Materials; not place Prohibited Materials in the Container; monitor waste volume and type; ensure timely pickup scheduling; and inspect the Container upon delivery and report pre-existing damage in writing within 24 hours.

Customer is responsible for any damage to the Container during the Service Period that is beyond Reasonable Wear and Tear, including deep gouges, punctures, significant dents, structural bends, graffiti, fire damage, damage from unauthorized movement, and excessive staining from Prohibited Materials.

• General Household Waste: Non-hazardous trash, discarded furniture, plastics, clothing.
• Construction & Demolition (C&D) Debris: Wood, drywall, roofing shingles, vinyl siding, insulation, non-hazardous building debris.
• Asphalt, Brick, Concrete (ABC Waste): Requires prior notification and Wormwood approval. May require a designated Container.
• Yard Waste: Leaves, grass clippings, branches, brush, tree stumps under 4 ft. May require a designated Container — cannot be mixed with other waste unless explicitly approved.
• Other Non-Hazardous Waste: Materials generally accepted by Massachusetts C&D or municipal solid waste disposal facilities.

Designated ABC Waste or Yard Waste Containers MUST contain ONLY those specific materials. Contamination may result in facility rejection, significant additional charges, and costs that can amount to hundreds or thousands of dollars — all Customer's responsibility.

DO NOT place the following in any Wormwood Container under any circumstances (unless explicitly permitted with a fee paid per Section 6.g):

• Hazardous Waste (chemicals, pesticides, asbestos, lead paint, mercury-containing items, infectious waste)
• Liquids (oils, fuels, solvents, antifreeze, wet paint — paint must be completely dried/solidified)
• Biohazardous or Medical Waste (sharps, soiled bandages, biological waste)
• Explosive or Highly Flammable Materials (ammunition, fireworks, gasoline, pressurized aerosols)
• Radioactive Materials
• Bulk Dirt, Soil, Sand, Rocks, or Sod (unless specifically arranged)
• Batteries (lead-acid, lithium-ion, rechargeable — unless fee paid per 6.g)
• Tires (unless fee paid per 6.g)
• Appliances containing Freon/Refrigerants (unless fee paid per 6.g)
• Electronics/E-Waste (TVs, computers, monitors, printers — unless fee paid per 6.g)
• Any material banned from Massachusetts landfills under current MassDEP Waste Bans
• Any other material rejected by the receiving disposal facility or designated unacceptable by Wormwood

If Prohibited Materials are discovered after pickup, Customer is solely responsible for ALL associated costs, fines, penalties, and cleanup expenses.

Customer is solely responsible for compliance with all applicable federal, state, and local laws, regulations, ordinances, and HOA rules regarding waste disposal, container placement, and permits. Wormwood is not responsible for advising on or obtaining permits. Customer must obtain all necessary permits for Container placement.

a. Wormwood is not liable for damage caused to Customer's property resulting from the weight or operation of our equipment, including damage to driveways, sidewalks, lawns, landscaping, underground utilities, or subsurface structures. Customer expressly acknowledges that some surface impact is an inherent risk of the Service.

b. Customer warrants the Service Location surface is sufficient to bear the weight of Wormwood's vehicles and equipment and assumes full liability for damages resulting from inadequate site conditions.

c. Purchasing Extra Driveway Protection does NOT transfer liability for damage from the Customer to Wormwood. The limitations in this section remain in full effect regardless.

d. Customer is solely responsible for identifying and marking underground utilities (sprinkler systems, septic tanks, leach fields, pipes, cables) near the Container placement area prior to delivery. Customer is encouraged to contact Dig Safe (811). Failure to notify Wormwood of such utilities reinforces Customer's assumption of risk.

Customer must not move, relocate, push, pull, or alter the position of the Container without prior written consent from Wormwood. Unauthorized relocation will result in a Penalty Fee of $250.00, plus the cost of any resulting damages and repositioning costs. Customer assumes all liability arising from unauthorized relocation.

Customer agrees to defend, indemnify, and hold harmless Wormwood Trucking LLC d/b/a Wormwood Disposal, its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, losses, costs, damages, penalties, fines, and expenses (including reasonable attorney's fees) arising out of or related to: Customer's breach of these Terms; use or misuse of the Container; the nature or contents of waste placed in the Container; injury or damage at the Service Location; failure to comply with applicable laws; failure to secure necessary permits; undisclosed underground utilities; or unauthorized relocation of the Container.

a. Initial Payment: Full payment for the Base Service Fee, Fuel Surcharge, and selected options is due upon receipt of the initial invoice. Service will not be scheduled until paid in full.

b. Payment Authorization: By providing payment method details, Customer explicitly authorizes Wormwood to securely store these details and charge the stored payment method for any and all subsequent charges incurred under these Terms (overage fees, Dry Run Fees, damage charges, late fees, etc.).

c. Additional Charges: Wormwood will generate and send an invoice for additional charges before charging the stored payment method. If the charge fails, the invoice becomes due immediately.

d. Non-Payment Consequences: Failure to pay when due may result in suspension of service, late fees, referral to collections, and/or legal action to recover all amounts owed including attorney's fees.

e. Payment Disputes: Customer must notify Wormwood in writing within 10 calendar days of a charge with specific dispute details. Wormwood will respond within 14 calendar days. Customer agrees not to initiate a chargeback without first attempting resolution directly with Wormwood.

Invoices are due upon receipt. Late fees per invoice:

• 31 days past due: +$50.00 flat fee
• 60, 90, 120, 150, 180 days past due: +$25.00 flat fee at each interval
• No additional fees after 180 days past due

Unpaid invoices after 180 days may result in small claims court action. Customer may be responsible for court costs and collection expenses.

Standard Cancellation (Without Insurance):

• Before scheduled delivery: Store credit for the full Base Service Fee and Fuel Surcharge, valid for 1 year. No cash refunds. Add-on fees (Priority, Driveway Protection) are non-refundable.
• After Container is delivered: No refund or store credit.

Optional Cancellation Insurance (If Purchased at Booking):

• Before truck departs Wormwood facility: 100% refund of Base Service Fee, Fuel Surcharge, and add-on fees to original payment method.
• After truck departs but before Container is delivered: 50% refund of Base Service Fee and Fuel Surcharge. Add-on fees not refunded.
• After Container is delivered: No refund, even with insurance.
• The Cancellation Insurance fee itself is non-refundable in all circumstances.

Wormwood's total liability for any claim shall not exceed the total fees paid by the Customer for the specific Service order in question. Wormwood shall not be liable for any indirect, incidental, consequential, special, or punitive damages. This limitation does not apply to liability arising from Wormwood's gross negligence or willful misconduct.

Wormwood collects and stores Customer information solely for providing the Service, processing payments, and communicating about orders. We do not sell, share, or disclose your information to third parties for their marketing purposes. We share data only as necessary for Service fulfillment (e.g., payment processors, SMS delivery platforms) or as required by law. For full details, see our Privacy Policy.

Disputes that cannot be resolved through the payment dispute process (Section 16.e) shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Plymouth County, Massachusetts, under the rules of the American Arbitration Association, unless the amount qualifies for small claims court. The prevailing party is entitled to recover reasonable attorney's fees and costs.

Wormwood reserves the right to amend these Terms at any time. Updated Terms will be posted on this website. The Terms in effect at the time the Customer books a specific Service order will govern that order.

These Terms shall be governed by the laws of the Commonwealth of Massachusetts. Any legal action not subject to arbitration shall be instituted exclusively in state or federal courts located within Plymouth County, Massachusetts.

If any provision of these Terms is determined to be invalid or unenforceable, it shall be modified to the minimum extent necessary or severed. The remaining provisions remain in full force and effect.

These Terms, together with the specific details confirmed at booking (Container size, Service Period, Service Location, agreed-upon fees, and selected options), constitute the entire agreement between Wormwood and the Customer regarding the Service and supersede all prior negotiations, discussions, or agreements.

Wormwood shall not be liable for any delay or failure in performance resulting from acts or circumstances beyond its reasonable control, including: acts of God, floods, fires, severe weather, pandemics, governmental actions, war, strikes, transportation failures, fuel unavailability, or significant equipment breakdown. Wormwood will make reasonable efforts to resume service promptly once the force majeure event subsides.

Notices to Wormwood: Standard communications and initial dispute notifications may be sent via email to Damian@WormwoodDisposal.com.

Notices to Customer: Sent via email to the address provided at booking and/or via SMS to the phone number provided. Customer is responsible for maintaining accurate contact information.

By clicking the designated acceptance box during the online order process or within the customer portal, providing your signature (electronic or physical), AND submitting payment for the Service, you acknowledge that you have read, fully understand, and unequivocally agree to be legally bound by all provisions of these Wormwood Disposal Terms of Service.