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 representative 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. Extensions of one week or more are charged the published rate for each additional week, as shown in the rental options at booking. Extensions of less than one week are charged at the daily rates listed below, which are higher per day than the weekly tier rate. Agreed extension charges, plus applicable taxes, are applied 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 Bedroom package: $25 per day
• 5 Bedroom+ package: $30 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, a flat late fee equal to 7 days of extended rental at the daily rates above, plus applicable taxes, will be charged to the card on file the day after the scheduled pickup date, with an email notification when the charge is applied. If our representative arrived and could not complete the pickup, the $50 missed pickup fee described in Section 3 also applies, in addition to the late fee. Because no extension was arranged in advance, this late fee is charged at the daily rate, not the weekly extension rate. The late fee covers continued rental of the equipment for up to 7 days after the scheduled pickup date, and we will work with you to schedule pickup within that period. The late fee is not refundable or prorated if equipment is returned before the end of the 7-day period. If you contact us before your scheduled pickup time to arrange a later pickup, this late fee does not apply and only the agreed extension charges described above apply for the days until your new pickup date.

Unreturned equipment charge. If equipment has not been returned within 7 days of the scheduled pickup date, including any agreed extension, no pickup has been scheduled with us during that period, and pickup has not been completed, the card on file will be charged a buyout fee equal to the full replacement value of all unreturned totes and dollies as listed in Section 4, minus the late fee already charged for this rental, plus applicable taxes. The $50 missed pickup fee is not credited against the buyout fee. Once this charge is paid, ownership of the unreturned equipment transfers to you and no further rental, extension, or late fees will apply. We will make multiple attempts to contact you before this charge is applied.

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. A $50 missed delivery fee applies. Your remaining payment, minus the $50 fee, will automatically be held 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. 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 the late fee and unreturned equipment provisions in Section 2 apply.

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, plus applicable taxes.

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, plus applicable taxes, 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 bookings paid in full or in part by a gift card, promotional code, or third-party payment, the fees in this table apply the same way, with two adjustments: any fee is charged to the card on file rather than deducted from a cash payment, and where the table shows a refund of the amount paid, the gift card or promotional code value is restored for future use instead of refunded in cash. Restored gift card value does not expire, as described in Section 8.1.

For pickup changes: moving your pickup to a later date with at least 24 hours notice is treated as an extension under 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 charges.

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 for every booking, including bookings paid in full or in part by a promotional code, gift credit, or third-party payment, and will be kept on file for the duration of the rental. For $0 bookings, your card may be saved on file without an initial charge. By completing your booking you authorize Agave Totes LLC to charge the card on file for:

• The rental package fee at the time of booking confirmation.
• Any applicable extension charges or late fees as described 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 extension charges, the late fee, 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. We may reduce or waive any fee under these Terms at our sole discretion, and doing so in one instance does not waive our right to apply that fee in the future.

Declined payments and collections. If a charge to the card on file is declined or cannot be processed, you remain responsible for all amounts owed under these Terms. We will notify you, and you agree to provide a valid alternate payment method within 7 days of that notice. Unpaid amounts may be referred to a collection agency or pursued through the courts as described in Section 12. To the extent permitted by Arizona law, you agree to pay our reasonable costs of collecting unpaid amounts, including collection agency fees, court costs, and reasonable attorneys' fees.

Agave Totes may offer promotional codes, may sell gift cards, and may accept third-party payment credits that cover all or part of a rental booking.

Even if a promotional code, gift card, or third-party payment reduces the amount due at checkout to $0, the customer completing the booking must still provide a valid credit or debit card and agree to these Terms before delivery. The customer who completes the booking and accepts delivery remains responsible for the rental, the equipment, and all charges allowed under these Terms.

A promotional code, gift card, or third-party payment covers only the rental package or dollar amount stated when it is issued. Unless specifically stated in writing, these do not cover upgrades, extended rental time, cancellation fees, rescheduling fees, missed delivery fees, missed pickup fees, cleaning fees, damage fees, lost equipment fees, unreturned equipment charges, taxes, or any other charges described in these Terms. These charges may be charged to the customer's card on file.

If a customer upgrades to a larger package or adds services beyond the amount covered by a promotional code, gift card, or third-party payment, the customer is responsible for the difference and any applicable taxes or fees.

If someone else pays for all or part of your booking, that payment does not make them responsible for your rental. The customer who books, receives, and uses the equipment remains responsible for returning it on time and for any fees or charges allowed under these Terms.

Promotional codes. Promotional codes are issued at no charge and may have an expiration date, which will be stated when the code is issued.

Gift cards. The value of a purchased gift card does not expire and is not subject to any fee. A gift card or its code may display an expiration date, but the underlying value does not expire; if a card or code lapses, contact us for a replacement. Gift cards may be used only toward Agave Totes rentals and are not redeemable for cash except where required by law.

Where a cancellation, rescheduling, missed delivery, or missed pickup fee applies to a booking paid in full by a promotional code, gift card, or third-party payment, that fee is charged to the card on file. If a booking paid by a promotional code or gift card is cancelled within 48 hours of delivery, the applicable $50 cancellation fee is charged to the card on file and the code or gift card value is restored for future use. Restored gift card value remains subject to the no-expiration rule above.

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.

We collect and handle the personal information you provide in connection with your rental—including your contact details, payment card information, and any photos taken to document equipment condition—in accordance with our Privacy Policy, available at agavetotes.com/privacy-policy. By booking, you acknowledge our Privacy Policy.

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 OWNERS, MEMBERS, MANAGERS, 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 owners, members, managers, 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