Terms of Service

Your rental package includes the number of totes and dollies listed in your booking confirmation. When your totes and dollies are delivered, you take on care, custody, and control of all equipment for the duration of your rental period. All equipment remains the property of Agave Totes LLC at all times unless ownership transfers under Section 2. You agree not to sublease, lend, sell, or transfer the equipment to any other party.

You are responsible for keeping the equipment safe and secure until it is picked up by an Agave Totes representative. Only an Agave Totes employee may retrieve the equipment at pickup.

Your rental period begins on the confirmed delivery date and ends on the agreed pickup date. If you need more time, contact us before your rental period ends and we will extend the rental based on availability. Agreed extension days are charged to the card on file when the extension is confirmed.

Extended rental rates:

• Studio package: $10 per day
• 1, 2, and 3 Bedroom packages: $20 per day
• 4 and 5 Bedroom+ packages: $25 per day

If equipment is not returned on time. If equipment is not available for pickup on the agreed pickup date and no extension has been agreed, extended rental fees apply automatically beginning the following day at the daily rates above. We will email you when extended charges begin. Extended fees are charged to the card on file in weekly installments, with an email notification at each charge. Extended rental fees stop accruing 28 days after the original pickup date.

Unreturned equipment charge. If equipment has not been returned within 28 days of the original pickup date and pickup has not been completed, the card on file will be charged the full replacement value of all unreturned equipment as listed in Section 4. Once this charge is paid, ownership of the equipment transfers to you and no further rental or extended fees will apply. We will make multiple attempts to contact you before this charge is applied. Extended rental fees compensate for the time equipment is unavailable for other rentals, and the unreturned equipment charge compensates for the equipment itself; these are separate losses and both may apply.

Free delivery and pickup is included with every package within our Phoenix metro service area. If you are unsure whether your address is within our service area, contact us before booking and we will confirm.

Someone must be present at the delivery address at the scheduled delivery time. If no one is present, or delivery cannot be completed at the scheduled time, your booking will be treated as cancelled, and the equipment will be returned to our available inventory. A $50 missed delivery fee applies. If you contact us within 7 days, we will apply your remaining payment, minus the $50 fee, as credit toward a rebooked delivery based on availability. Rebooking credit is valid for 90 days from the missed delivery date and is forfeited if unused. If we do not hear from you within 7 days, your payment is forfeited. Because your booking reserves equipment that cannot be offered to other customers, payments forfeited under this section are agreed to be liquidated damages reflecting our lost booking opportunity, and not a penalty.

Someone must be present at the pickup address at the scheduled pickup time so our representative can retrieve the equipment, and all equipment must be empty and ready for retrieval. If our representative arrives and cannot complete the pickup, a $50 missed pickup fee applies, and extended rental fees under Section 2 continue until pickup is completed.

If we are unable to deliver your equipment as scheduled, we will contact you as soon as possible to reschedule or, at your choice, refund your payment in full. A full refund is your exclusive remedy if we are unable to deliver, and we are not responsible for any other costs or losses related to a missed or delayed delivery.

By booking, you represent that you have the authority to receive deliveries and grant access at both the delivery and pickup addresses. You grant Agave Totes LLC permission to enter the property at those addresses solely to deliver and retrieve equipment at the scheduled times. Unless otherwise arranged, delivery and pickup will occur at an accessible ground-level exterior location such as a driveway, garage, or front entry.

You are responsible for all equipment from delivery to pickup. Normal wear and tear is expected and will not be charged. Damage beyond normal wear and tear, lost totes, or lost dollies will be charged to the card on file.

For damage or loss identified at pickup, we will always reach out to you directly before applying any charges, and you will have the opportunity to discuss the situation before your card is charged. Unreturned equipment charges follow the process described in Section 2, including multiple contact attempts before any charge is applied.

Totes must be returned empty and in reasonably clean condition. Please remove all packing materials, labels you applied, debris, and personal items before pickup.

If totes are returned with excessive dirt, residue, stickers, liquids, or other materials that require additional cleaning beyond our standard process, a cleaning fee of $50 will be charged to the card on file.

We clean and sanitize every tote between every rental. You will always receive fresh, clean totes at delivery.

Please check all totes carefully before pickup. If personal items are found in returned equipment, we will make reasonable efforts to contact you. Items not claimed within 14 days of pickup may be donated or disposed of, and Agave Totes LLC is not responsible for items left in returned equipment.

Equipment is provided for packing and moving household and office items only. Do not use the totes for: hazardous materials, flammables, or chemicals; liquids that are not sealed; perishable food or anything that may leak, rot, or attract pests; live animals or plants; or anything illegal to possess or transport. Do not stand or sit on totes, use them as step stools, or stack loaded totes more than 4 high. Please do not remove or damage the Agave Totes branding labels on the equipment.

Damage or cleaning costs resulting from prohibited use will be charged as described in Sections 4 and 5.

We understand plans change. Our cancellation and rescheduling policy:

Cancellation and rescheduling windows are measured from your scheduled delivery time. For example, for a delivery scheduled at 10:00 AM Saturday, free cancellation ends at 10:00 AM Thursday. Timing is based on when we receive your call, email, or form submission.

For pickup changes: moving your pickup to a later date with at least 24 hours notice is treated as an extension at the daily rates in Section 2, with no rescheduling fee. Pickup changes requested with less than 24 hours notice incur a $50 rescheduling fee in addition to any extension days.

To cancel or reschedule, call us at (480) 896-6300, email [email protected], or use the contact form at agavetotes.com as soon as possible.

By booking, you confirm that you are at least 18 years old and authorized to use the payment card provided.

A valid credit or debit card is required at booking and will be kept on file for the duration of the rental. By completing your booking you authorize Agave Totes LLC to charge your card for:

• The rental package fee at the time of booking confirmation.
• Any applicable extended rental fees at the daily rates listed in Section 2.
• Any damage, loss, cleaning, or unreturned equipment fees as described in Sections 2, 4, 5, and 6.
• Any applicable cancellation, rescheduling, missed delivery, or missed pickup fees as described in Sections 3 and 7.

All fees are subject to applicable state and local taxes, which will be added at checkout.

Fees beyond your original booking total are charged only as described in these Terms. Where a fee applies automatically, such as extended rental fees, the missed delivery fee, the missed pickup fee, or the unreturned equipment charge, we will send you an email notification when the charge is applied. For all other fees, including damage, loss, and cleaning fees, we will contact you before charging your card as described in Sections 4 and 5.

Agave Totes LLC reserves the right to photograph or document the condition of all equipment at the time of delivery and pickup. This is for our mutual protection and serves as the record of equipment condition at the start and end of your rental. By accepting delivery you consent to this documentation.

We may also request photos of damaged equipment from you if an issue is reported during the rental period.

Moving heavy items carries inherent risks, including risk of personal injury and property damage. You assume all risk arising from your use of the equipment during the rental period.

TO THE FULLEST EXTENT PERMITTED BY ARIZONA LAW, YOU RELEASE AGAVE TOTES LLC, ITS OWNER, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, INCLUDING CLAIMS ARISING FROM ORDINARY NEGLIGENCE, FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM YOUR POSSESSION OR USE OF THE EQUIPMENT. THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE WAIVED UNDER ARIZONA LAW.

You agree to indemnify and hold harmless Agave Totes LLC, its owner, employees, and agents from any claims, damages, losses, costs, or attorneys' fees brought by any third party arising from your possession, use, or return of the equipment.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AGAVE TOTES LLC FOR ANY CLAIM ARISING FROM YOUR RENTAL WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THAT RENTAL. AGAVE TOTES LLC IS NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGE TO OR LOSS OF ITEMS PACKED IN THE TOTES. THIS LIMITATION DOES NOT APPLY TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER ARIZONA LAW.

These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles.

Any dispute arising from these Terms or your rental will be resolved exclusively in the state courts located in Maricopa County, Arizona, and you consent to the jurisdiction of those courts. For disputes within the jurisdictional limit of small claims court, both parties agree to first pursue resolution in the Small Claims Division of the Maricopa County Justice Courts before filing in any other court.

Before filing any claim, you agree to contact us at [email protected] and allow us 30 days to resolve the issue informally.

Agave Totes LLC warrants that all equipment will be in good working condition on the date of delivery. If any equipment arrives damaged or defective, contact us immediately and we will arrange a replacement as quickly as possible. Your exclusive remedy, and our sole obligation, for any defective equipment is repair or replacement of that equipment.

EXCEPT AS EXPRESSLY STATED ABOVE, ALL EQUIPMENT IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY ARIZONA LAW, AGAVE TOTES LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

These Terms, together with your booking confirmation, are the complete agreement between you and Agave Totes LLC regarding your rental and replace any prior discussions or representations.

Agave Totes LLC reserves the right to update these Terms of Service at any time. Changes will be posted at agavetotes.com with an updated effective date. Bookings confirmed prior to any changes will be honored under the terms in place at the time of booking.

Questions about these terms? Reach out before, during, or after your rental.

Agave Totes LLC

(480) 896-6300

[email protected]

agavetotes.com

Scottsdale, Arizona