This Rental Agreement (“Agreement”) is between Totes on the Prairie (“Company,” “we,” “our,” or “us”) and the customer identified at checkout (“Customer,” “you,” or “your”). By checking the agreement box at Stripe checkout, completing your purchase, accepting delivery, or using the rented equipment, you agree to this Agreement.
This Agreement applies to all totes, lids, dollies, hand trucks, and any other rental equipment provided by Totes on the Prairie.
1. Rental Order
Your rental order includes the equipment, rental period, delivery address, pickup address, pricing, and any add-ons shown at checkout, in your invoice, or in your order confirmation.
If there is a conflict between this Agreement and a written order confirmation, invoice, or checkout summary, the order-specific details in the written order confirmation, invoice, or checkout summary control for pricing, dates, quantities, and addresses.
2. Delivery and Pickup
We will make reasonable efforts to deliver and pick up equipment during the scheduled delivery and pickup windows. Delivery and pickup times may be affected by weather, road conditions, access issues, staffing, vehicle issues, or other circumstances outside our reasonable control.
You are responsible for providing a safe, legal, and accessible delivery and pickup location. By placing an order, you represent that you have the right to authorize delivery and pickup at the listed address.
Unless otherwise agreed in writing, delivery and pickup are limited to exterior or reasonably accessible areas, such as a driveway, garage entrance, porch, lobby, loading area, or other designated location. We are not required to enter a home, apartment, business interior, storage unit, or other enclosed area.
You are responsible for securing pets, clearing snow, ice, debris, or other hazards, and ensuring our team can safely access the equipment.
3. Equipment Responsibility
You are responsible for all rented equipment from the time it is delivered until pickup is completed by Totes on the Prairie.
All equipment must be returned in the same condition as delivered, ordinary wear and tear excepted. You may not sell, transfer, subrent, lend, alter, mark, paint, cut, modify, or dispose of the equipment.
All rented equipment remains the property of Totes on the Prairie.
4. Condition Acknowledgment
Equipment is delivered clean and in usable condition.
You are responsible for inspecting the equipment after delivery. If any item is missing, damaged, dirty, or unusable when delivered, you must notify us as soon as reasonably possible, preferably within 24 hours of delivery. If you do not notify us of an issue, the equipment will be presumed to have been delivered in clean and usable condition.
5. Proper Use
You agree to use the equipment safely, responsibly, and only for ordinary moving, organization, and temporary storage purposes.
Totes may not be used for:
- Hazardous materials
- Flammable, explosive, corrosive, toxic, or regulated materials
- Illegal items or substances
- Liquids unless properly sealed in leak-proof containers
- Loose liquids
- Wet, leaking, or contaminated items
- Food waste, garbage, or perishables that may leak, smell, rot, or attract pests
- Live animals or people
- Items that could stain, contaminate, puncture, crack, warp, overload, or otherwise damage the equipment
You are responsible for any damage, contamination, cleaning, disposal, loss, injury, or claim caused by misuse of the equipment or by anyone you allow to use the equipment.
6. No Responsibility for Customer Property
Totes on the Prairie provides rental equipment only. Unless separately agreed in writing, we do not pack, load, move, transport, store, inventory, supervise, secure, or insure your personal property.
You are solely responsible for the contents placed in or around the rented equipment. We are not responsible for lost, stolen, damaged, spoiled, misplaced, or contaminated customer property, except to the extent liability cannot be waived under applicable law.
7. Damage or Loss
You are responsible for damaged, missing, stolen, contaminated, altered, or unreturned equipment, ordinary wear and tear excepted.
Replacement costs are:
| Item | Replacement Cost |
|---|---|
| Tote, including bin and lid | $10 each |
| Tote dolly | $40 each |
| Hand truck | $150 each |
You authorize Totes on the Prairie to charge the card used at checkout, or any other payment method you provide, for damaged, missing, stolen, contaminated, altered, or unreturned equipment.
We may also charge reasonable cleaning, decontamination, disposal, repair, or recovery costs if equipment is returned excessively dirty, contaminated, unsafe, damaged, or not reasonably reusable.
8. Late Returns and Extensions
Your equipment must be empty, accessible, and ready for pickup on the scheduled pickup date.
If equipment is not ready or accessible on the scheduled pickup date, additional rental charges may apply. These charges are intended as additional rental charges for extended use and loss of availability, not as a penalty.
Late return and extension rates are:
| Rental Package or Equipment | Extra Week | Extra Day |
|---|---|---|
| 20 totes | $40 | $7 |
| 40 totes | $60 | $9 |
| 60 totes | $80 | $12 |
| Hand truck, standalone rental | $40 | $6 |
| Hand truck, with tote package add-on | $20 | $3 |
If you need more time, contact us before your scheduled pickup date. Extensions are subject to availability and additional charges.
9. Pickup Access
All totes must be empty, closed, accessible, and ready for pickup at the scheduled pickup location.
If equipment is not accessible, not empty, located in an unsafe area, blocked by vehicles or property, inside a locked area, unavailable due to weather-related access issues, or otherwise not ready for pickup, we may charge additional rental charges, a reasonable failed pickup fee, or any other reasonable costs caused by the failed pickup.
We may refuse or delay pickup if the location is unsafe, unlawful, inaccessible, or unreasonable for our team to access.
10. Non-Return and Replacement Charges
If equipment is not returned within 30 days after delivery and no written extension has been arranged, the equipment may be considered unreturned.
If equipment is considered unreturned, you authorize Totes on the Prairie to charge your payment method for the replacement costs listed in this Agreement:
| Item | Replacement Cost |
|---|---|
| Tote, including bin and lid | $10 each |
| Tote dolly | $40 each |
| Hand truck | $150 each |
If unreturned equipment is later returned after replacement charges have been processed, any refund or credit is at our discretion and may be reduced by late rental charges, processing costs, recovery costs, damage, cleaning, or other amounts owed.
12. Customer Responsibilities
You agree to:
- Provide accurate contact, delivery, pickup, and payment information
- Be available or reachable for delivery and pickup coordination
- Ensure the delivery and pickup location is safe and accessible
- Use the equipment safely and lawfully
- Keep the equipment in your possession and control
- Protect the equipment from theft, weather misuse, overloading, contamination, and damage
- Return all equipment empty and ready for pickup
- Notify us promptly if equipment is lost, stolen, damaged, contaminated, or unavailable for pickup
13. Assumption of Risk
You understand that moving, lifting, loading, stacking, hauling, and using totes, dollies, hand trucks, and related equipment may involve risk of injury or property damage.
You voluntarily assume the risks associated with your use of the rented equipment, including use by your family members, employees, contractors, movers, guests, or anyone else you allow to use or access the equipment.
You are responsible for using the equipment safely and for following reasonable safety practices.
14. Limitation of Liability
To the fullest extent allowed by North Dakota law, Totes on the Prairie is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to this Agreement, the rented equipment, delivery, pickup, scheduling, delays, or your use of the equipment.
To the fullest extent allowed by North Dakota law, Totes on the Prairie is not liable for injury, loss, theft, or damage to persons or property arising from or related to your use, possession, loading, unloading, moving, storage, or handling of the rented equipment.
This Agreement does not waive or limit liability that cannot be waived or limited under applicable law, including liability for our own fraud, willful injury to person or property, violation of law, or other conduct for which liability may not legally be waived.
15. Indemnification
To the fullest extent allowed by law, you agree to defend, indemnify, and hold harmless Totes on the Prairie, including its owners, employees, contractors, representatives, and agents, from and against claims, damages, losses, liabilities, fees, fines, penalties, costs, and expenses, including reasonable attorney’s fees, arising from or related to:
- Your use, possession, storage, handling, loading, unloading, or movement of the equipment
- Your breach of this Agreement
- Misuse, damage, contamination, loss, theft, or non-return of equipment
- Injury or property damage caused by you or anyone you allow to use or access the equipment
- Contents placed in, on, or near the equipment
- Unsafe, unlawful, inaccurate, or inaccessible delivery or pickup instructions
This indemnification provision does not apply to the extent a claim is caused by conduct for which indemnification may not be required under applicable law.
16. Changes, Rescheduling, and Extensions
Contact us before your scheduled pickup date if you need to change your order, reschedule pickup, or extend your rental period.
Changes, rescheduling, and extensions are subject to availability, operational capacity, and additional charges. We are not obligated to extend a rental period unless we agree to the extension.
17. Weather, Road Conditions, and Events Outside Our Control
North Dakota weather and road conditions may affect delivery and pickup. We are not responsible for delays or inability to perform caused by weather, road closures, unsafe conditions, emergencies, labor shortages, vehicle issues, acts of God, governmental action, utility or technology outages, or other events outside our reasonable control.
If performance is delayed for reasons outside our reasonable control, we may reschedule delivery or pickup as reasonably necessary.
18. Governing Law and Venue
This Agreement is governed by the laws of the State of North Dakota, without regard to conflict-of-law rules.
To the extent permitted by law, any dispute arising from or related to this Agreement, the rented equipment, delivery, pickup, payment, or services must be brought in the state courts located in North Dakota in the county where Totes on the Prairie maintains its principal place of business, unless another venue is required by applicable law.
19. Electronic Agreement
You agree that this Agreement may be accepted electronically. Checking the agreement box at checkout, completing your purchase, accepting delivery, or using the equipment shows your agreement to these terms.
You should save or print a copy of this Agreement for your records.
20. Severability
If any part of this Agreement is found invalid, unlawful, or unenforceable, the remaining parts will remain in full force and effect to the fullest extent permitted by law.
21. Entire Agreement
This Agreement, together with your order confirmation, checkout summary, invoice, and any written policies referenced at checkout, is the entire agreement between you and Totes on the Prairie regarding the rental equipment.
Any changes to this Agreement must be in writing and accepted by Totes on the Prairie.
22. Contact
Questions, changes, extensions, or pickup issues should be directed to:
Totes on the Prairie
Email: info@totesontheprairie.com