Toteally-organized: RENTAL AGREEMENT
This Rental Agreement applies to Your rental of our Toteally-organized Boxes, Dollies, and Hand Carts. References to “You” or “Your” means the customer renting the Equipment. References to the “Equipment” means the Toteally-organized Boxes, Dollies, and Hand Carts, all accessories and additions thereto, and all replacements and renewals thereof that Toteally-organized has agreed to rent to You. Any references to the “Rental Period” means the time span commencing when the Equipment is delivered to You and ending when the Equipment is returned to and accepted by Toteally-organized. By accepting delivery of the Equipment from Toteally-organized, You agree to the terms set forth in this Rental Agreement.
- DELIVERY AND PICKUP
Toteally-organized shall deliver the Equipment to You, in fully serviceable condition, to the address specified by You in the online Rental Form. You grant Toteally-organized the right to enter the property at the delivery address to drop off Equipment during the specified time frame. You also grant Toteally-organized the right to enter the property at the pickup address to pickup Equipment during the specified time frame. You shall only release the Equipment to a Toteally-organized employee.
- EQUIPMENT CONDITION
It is your responsibility to check the Equipment against delivery invoices and notify Toteally-organized of any shortage or damage within 24 hours of delivery. In the absence of any such notification, You will be deemed to be satisfied with the quantity and condition of the Equipment, and that it is suitable for the purpose required.
- DELIVERY FEE
You acknowledge that You will be responsible for any applicable delivery charges.
- PAYMENT
You acknowledge that full payment for Your use of the Equipment during the Rental Period and any delivery charges are required upon placing the order. In circumstances when full payment is not made at the time the order is placed, full payment is required no later than upon delivery of the Equipment to You.
- LATE FEE
You acknowledge that You will have the Equipment ready for pickup at the agreed upon time and date. In the event the Equipment is not ready for pickup, there will be additional charges assessed to You. For each additional week, or part thereof, that the equipment is not returned, there will be an additional weekly rental charge as follows:
(a) $35.00 per Toteally-organized box; and
(b) $10.00 per Toteally-organized dolly.
If the Equipment is not returned within 30 days after the end of the Rental Period, Toteally-organized will assume You wish to purchase the Equipment and You will be charged the current full retail value of the Equipment. You will also be charged for all expenses, costs, and charges incurred by or on behalf of Toteally-organized in ascertaining Your whereabouts or the Equipment or any part thereof, or in taking possession of the same. You will also repay Toteally-organized for all costs and charges and expenses incurred by reason of any breach of the Rental Agreement by You.
- CANCELLATION POLICY
You acknowledge that You have sole responsibility to schedule and be present at appointments for delivery and pickup of the Equipment. If You do not give Toteally-organized at least 24 hours notice to reschedule or cancel Your appointment, You will be charged a cancellation fee of 30% of the total amount of Your order.
- RISK OF LOSS
You agree to bear full responsibility and liability for the rented Equipment, and to assume all the risks of loss or damage to the Equipment from the time the Equipment is dropped off at the drop-off address until the time it is returned to Toteally-organized regardless of whether the Equipment is lost or suffers damage which substantially impairs its operation. You agree to pay for any damage or loss of the rented Equipment regardless of how the damage or loss occurs. You further agree to be responsible for any incidental damage or loss of any kind, including, but not limited to, gross rental loss during the time the leased Equipment is being repaired or replaced.
- EXPENSES
You are responsible for all expenses incurred by You with respect to Your use of the Equipment. You acknowledge that Your credit card will be kept on file for the duration of the Rental Period. You acknowledge and authorize Toteally-organized to charge any amount associated with the above stated Rental Terms to Your credit card. You acknowledge that You will be responsible for any payments to Toteally-organized not charged to Your credit card for any reason, including Your credit card being rejected or reaching its maximum balance. All refunds will be debited to the credit or debit card on which the original transaction was processed.
- NO WARRANTY
No representation or warranty whatsoever of any kind has been or is given or made by or on behalf of Toteally-organized in relation to the quality of the Equipment, its merchantability or its fitness for any particular purpose. All conditions or warranties whether statutory or otherwise, whether express or implied, whether collateral or antecedent hereto or otherwise and whether in relation to the fitness of the Equipment for any particular purpose or the state, quality, or condition of the Equipment on delivery or at any other time are hereby expressly excluded and extinguished.
- ALTERATION AND ATTACHMENTS
It is agreed that the rental Equipment is based on You taking the Equipment on an “AS IS” basis. You understand that there is an inherent risk associated with the use of the Equipment and that not all potential situations may be known or anticipated by either Toteally-organized or You. Therefore, You agree to assume the entire risk as to the quality and use of the Equipment. Toteally-organized shall not be liable for injuries to persons or property resulting from Your use, storage, transportation, or operation of the Equipment.
- MAINTENANCE
You will keep Equipment protected, repaired, and maintained at Your own expense and return it in good condition as received. Ordinary wear and tear is expected.
- TITLE
You agree to keep the Equipment in Your custody and not to sublease, rent, or sell the Equipment. Equipment will remain in Your possession but is the property of Toteally-organized and may be removed any time after the termination of this Rental Agreement.
- RELEASE OF LIABILITY & INDEMNIFICATION
You agree to indemnify and hold Toteally-organized, its officers, agents, and employees harmless from and against all liabilities, claims, actions, proceedings, damages, losses, costs, and expenses, including attorneys’ fees, for all injuries or death of any person or damage to any property occurring or arising from or connected with, directly or indirectly, Your possession, use, and return of any of the Equipment.
You shall be in charge of the Equipment’s operation, and are fully responsible for its operation as well as the return of the Equipment in good working order. Toteally-organized and its officers, employees, and agents are not responsible for injury occurring to You or to any other persons using the Equipment, and You further agree to hold Toteally-organized and its officers, employees, and agents harmless against any injury or property claims. You indemnify Toteally-organized and its officers, employees, and agents from and against any cost incurred due to claims from anyone and for attorney’s fees and related costs involving the use and return of the Equipment, should any legal action become necessary.
- PRIVACY
Toteally-organized will not, under any circumstance, share any customer personal information with any other party at any time. As per the Protection of Personal Information Act, Toteally-organized will ensure all personal customer information is kept safe and not accessible to any third party. See more details about our privacy policy here.
- ENTIRE AGREEMENT
The Rental Agreement constitutes the full agreement between Toteally-organized and You. Time is of the essence in this Rental Agreement. The receipt of the Equipment that is subject to this Rental Agreement is in good working order and repair and is so acknowledged by You. You agree this agreement is our entire agreement and may not be changed without our mutual written consent.
- ATTORNEY FEES AND COLLECTION FEES
In the event that Toteally-organized takes any action, judicial or otherwise, to interpret or enforce any of the terms of this agreement, Toteally-organized shall be entitled to recover all expenses it may reasonably incur in taking such action, including but not limited to attorney’s fees, agency fees, contingent collection fees, expenses, and costs, whether incurred in trial court, on appeal, in bankruptcy, or in connection with non-judicial action.