Legal

Rental Agreement

Houston Tote Co. — Effective for all reservations.

This Rental Agreement ("Agreement") is entered into between Houston Tote Co. ("Houston Tote Co.," "Company," "we," "us," or "our") and the customer completing the reservation ("Customer," "you," or "your").

By completing a reservation, electronically accepting this Agreement, and providing payment information, Customer agrees to the following terms.

1. RENTAL EQUIPMENT

Houston Tote Co. rents reusable moving and storage equipment, which may include:

  • •27-gallon reusable plastic moving totes
  • •Tote lids
  • •Rolling dollies/carts
  • •Other equipment included in the Customer's rental package

All rental equipment remains the property of Houston Tote Co. at all times.

2. STANDARD 14-DAY RENTAL PERIOD

The standard rental period is 14 consecutive days.

The rental period begins on the scheduled delivery or customer pickup date and ends on the scheduled return or Houston Tote Co. pickup date shown on the reservation.

Customer is responsible for ensuring that all rented equipment is available for return or pickup by the end of the 14-day rental period.

3. AUTOMATIC RENTAL EXTENSIONS — $35 PER WEEK

If all rental equipment is not returned or available for pickup by the end of the 14-day rental period, the rental will automatically extend at a rate of:

$35.00 per additional 7-day period

Customer expressly authorizes Houston Tote Co. to charge the payment method associated with the reservation $35.00 for each additional 7-day rental period until the equipment is returned or is considered non-returned under Section 4.

Each additional rental week begins immediately following expiration of the previous rental period.

Customer should contact Houston Tote Co. as soon as possible if additional rental time is needed. Extensions are subject to equipment availability.

Payment of extension fees does not transfer ownership of the rental equipment to Customer.

4. 30-DAY OVERDUE CUTOFF & NON-RETURNED EQUIPMENT

Rental equipment that has not been returned within 30 calendar days after the original scheduled return date may be considered non-returned equipment.

During the 30-day overdue period, applicable $35.00 weekly extension charges will continue to accrue.

Once equipment reaches the 30-day overdue cutoff, Houston Tote Co. may assess the applicable replacement charges for any equipment that remains unreturned:

27-Gallon Tote$15.00 each
Tote Lid$5.00 each
Rolling Dolly/Cart$75.00 each

Customer expressly authorizes Houston Tote Co. to charge the payment method associated with the reservation for applicable replacement charges once equipment is considered non-returned.

Once a replacement charge has been assessed for particular equipment, Houston Tote Co. will not continue charging weekly rental-extension fees for that particular equipment.

Payment of a replacement charge does not constitute a sale or transfer of ownership of Houston Tote Co. equipment unless Houston Tote Co. expressly agrees otherwise.

5. MISSING, LOST OR STOLEN EQUIPMENT

Customer is responsible for all equipment from the time it is delivered or picked up until it is returned to and accepted by Houston Tote Co.

Equipment that is lost, stolen, misplaced, abandoned, or otherwise unavailable for return may be subject to the following replacement charges:

27-Gallon Tote$15.00 each
Tote Lid$5.00 each
Rolling Dolly/Cart$75.00 each

Customer authorizes Houston Tote Co. to charge the payment method associated with the reservation for applicable replacement charges.

6. DAMAGED EQUIPMENT

Customer agrees to exercise reasonable care when using Houston Tote Co. equipment.

Customer is responsible for damage occurring during the rental period beyond normal wear and tear.

Damage may include, but is not limited to:

  • •Cracked or broken totes
  • •Broken or unusable lids
  • •Holes, burns, cuts, or punctures
  • •Permanent markings or contamination
  • •Damage from chemicals, paint, oil, or other substances
  • •Damage caused by overloading or improper use
  • •Broken or damaged dolly wheels or frames
  • •Any damage that makes equipment unsafe or unsuitable for future rental

Equipment damaged beyond reasonable repair may be assessed at the following replacement rates:

27-Gallon Toteup to $15.00 each
Tote Lidup to $5.00 each
Rolling Dolly/Cartup to $75.00 each

Normal wear and tear resulting from reasonable use will not result in a damage charge.

7. CLEANING & CONDITION

All equipment must be returned empty and reasonably clean.

Totes may not contain trash, food, liquids, chemicals, personal property, or other materials when returned.

Houston Tote Co. reserves the right to assess a reasonable cleaning charge when equipment requires cleaning beyond what would normally be expected from ordinary use. Any applicable cleaning charge will be based on the condition of the returned equipment.

8. PROHIBITED USE

Rental equipment may not be used to store or transport:

  • •Hazardous or illegal substances
  • •Flammable or explosive materials
  • •Corrosive chemicals
  • •Wet paint or open liquids
  • •Biohazardous materials
  • •Any substance reasonably likely to permanently damage or contaminate the equipment

Customer may not sell, transfer, sublease, abandon, intentionally damage, dispose of, or otherwise relinquish possession of Houston Tote Co. equipment to another party.

9. DELIVERY & PICKUP

Customer is responsible for providing accurate delivery and pickup information and ensuring Houston Tote Co. has safe and reasonable access to the designated location.

On the scheduled pickup date, all equipment must be:

  • •Empty
  • •Reasonably clean
  • •Accessible
  • •Ready for pickup
  • •Located at the agreed pickup location

Customer is responsible for ensuring Houston Tote Co. can reasonably access the equipment at the scheduled pickup time.

10. FAILED OR MISSED PICKUP POLICY

A pickup may be considered a failed pickup when Houston Tote Co. arrives at the scheduled location but is unable to retrieve the rental equipment for reasons within Customer's control, including:

  • •Equipment is not ready for pickup
  • •Equipment cannot be located
  • •Equipment is inside a locked or inaccessible building, garage, gate, or other area
  • •Customer provided an incorrect pickup address
  • •Houston Tote Co. cannot safely or reasonably access the equipment
  • •Customer requests a change after Houston Tote Co. has already dispatched for the scheduled pickup

$25.00 failed pickup fee

A $25.00 failed pickup fee may be charged when Houston Tote Co. makes a scheduled pickup attempt but cannot retrieve the equipment due to circumstances within Customer's control.

Customer authorizes Houston Tote Co. to charge the payment method associated with the reservation for the applicable failed pickup fee.

The rental remains active until the equipment is successfully returned. Applicable $35.00 weekly extension charges may continue if the failed pickup causes the rental to extend beyond the Customer's current rental period.

A new pickup date must be arranged with Houston Tote Co.

Customer will not be charged a failed pickup fee when Houston Tote Co. is unable to complete the pickup due to circumstances caused by Houston Tote Co.

11. CANCELLATION & REFUND POLICY

More than 48 hours before scheduled delivery

Full refund of rental charges paid.

Between 24 and 48 hours before scheduled delivery

50% refund of rental charges paid.

Less than 24 hours before scheduled delivery

Rental charges are non-refundable.

Once equipment has been delivered to Customer or picked up by Customer, the rental is considered to have begun and rental charges are non-refundable, including when Customer returns the equipment before the end of the 14-day rental period.

If Houston Tote Co. cancels a reservation because it cannot provide the reserved equipment or service, Customer will receive a refund of the applicable amount paid for the canceled service.

Refunds will be issued to the original payment method when reasonably possible.

12. CUSTOMER'S PERSONAL PROPERTY

Houston Tote Co. provides reusable moving and storage equipment. Houston Tote Co. does not move Customer's packed belongings.

Houston Tote Co. delivers empty rental equipment and retrieves the rental equipment according to the Customer's reservation.

Customer is responsible for packing, loading, transporting, storing, unloading, and protecting Customer's belongings.

To the fullest extent permitted by law, Houston Tote Co. is not responsible for loss of or damage to Customer's personal property resulting from Customer's use of the rental equipment, except to the extent such responsibility cannot legally be excluded.

13. CUSTOMER RESPONSIBILITY

Customer agrees to use the rental equipment only for its intended purpose and in a safe and reasonable manner.

Customer assumes responsibility for the equipment while it is in Customer's possession or control.

14. PAYMENT METHOD & AUTHORIZATION FOR ADDITIONAL CHARGES

By providing a payment method and accepting this Agreement, Customer expressly authorizes Houston Tote Co., to the extent permitted by the payment processor and applicable law, to charge the payment method associated with the reservation for amounts properly due under this Agreement, including:

  • •Original rental charges
  • •$35.00 per additional 7-day rental period
  • •$15.00 per missing/non-returned tote
  • •$5.00 per missing/non-returned lid
  • •$75.00 per missing/non-returned rolling dolly/cart
  • •Applicable damage charges
  • •Applicable cleaning charges
  • •$25.00 failed pickup fees
  • •Other charges expressly disclosed and agreed to under this Agreement

Houston Tote Co. will provide Customer with a receipt or other notice of additional charges.

Customer remains responsible for amounts properly due under this Agreement if the payment method cannot be charged.

15. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Houston Tote Co. will not be liable for indirect, incidental, special, or consequential damages arising from Customer's use of the rental equipment.

Nothing in this Agreement is intended to waive or limit rights or liabilities that cannot legally be waived or limited.

16. GOVERNING LAW

This Agreement will be governed by the laws of the State of Texas.

17. ELECTRONIC ACCEPTANCE & AUTHORIZATION

Customer agrees that electronic acceptance of this Agreement has the same effect as signing a written agreement.

By checking the acceptance box and completing the reservation, Customer acknowledges that Customer:

  1. 1.Has read and agrees to this Rental Agreement.
  2. 2.Understands that the standard rental period is 14 days.
  3. 3.Understands that the rental automatically extends for $35.00 per additional 7-day period when equipment is not timely returned.
  4. 4.Understands that equipment remaining unreturned 30 days after the original scheduled return date may be considered non-returned.
  5. 5.Understands the replacement charges of $15 per tote, $5 per lid, and $75 per rolling dolly/cart.
  6. 6.Understands that a $25 failed pickup fee may apply.
  7. 7.Understands the cancellation and refund policy.
  8. 8.Authorizes applicable charges for damaged, missing, lost, stolen, or non-returned equipment.
  9. 9.Expressly authorizes Houston Tote Co. to charge the payment method associated with the reservation for amounts properly due under this Agreement.

Required Checkout Acceptance

I have read and agree to the Houston Tote Co. Rental Agreement. I understand that the standard rental period is 14 days; rentals not timely returned automatically extend at $35.00 per additional 7-day period; equipment remaining unreturned 30 days after the original scheduled return date may be considered non-returned; and additional charges may apply for missing, damaged, or non-returned equipment and failed pickups. I authorize Houston Tote Co. to charge the payment method associated with my reservation for amounts properly due under this Agreement.

Customer Full Name:
Electronic Signature:
Reservation / Order #:
Date:

These fields are completed electronically during the reservation checkout process.

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Questions? Call or text us at (281) 508-9436 or email info@houstontoteco.com