This Rental Agreement (this “Agreement”) is between CROSSTOWN TOTES, LLC, an Ohio limited liability company (“Cross Town Totes,” “we,” “us,” or “our”) with its principal location at 5244 Sioux Drive, Fairfield, OH 45014 (the “Office”), and the person or business completing the Transaction (“you”).
Agreement by Payment. By completing your payment of the Rental Fee on our website (the “Transaction”), you agree to this Agreement and represent (a) that you are at least 18 years old; (b) that you have permission to have the Equipment delivered to and picked up from the addresses you provide; and (c) if you are conducting the Transaction for another person or a business, that you are authorized to bind them, in which case you and they are each responsible under this Agreement.
Rental and Rental Period. We rent you the moving totes, each consisting of a bin and lid (“Totes”), the tote dollies (“Dollies”), moving bags (“Bags”) and any other items listed in your order confirmation (the “Order Confirmation”) (together, the “Equipment”). The rental period begins at delivery and ends when we complete pickup (the “Rental Period”). Your delivery address (the “Delivery Address”), pickup address (the “Pickup Address”), and scheduled delivery and pickup dates are stated in the Order Confirmation. You pay the full rental price and applicable taxes at checkout (the “Rental Fee”). Once the Equipment is delivered, the Rental Fee is fully earned and non-refundable. No full or partial refunds are given for early returns or early pickups, unused Equipment, changes in moving plans, or not needing the full Rental Period.
Ownership. This is a rental only. You do not acquire any ownership interest in the Equipment, even if you pay a Replacement Charge, and all Equipment remains the sole property of Cross Town Totes at all times. This Agreement is a true lease and not a sale or security interest.
Service Area. The Delivery Address and the Pickup Address must each be within a twenty-five (25) mile driving distance of the Office (the “Service Area”), as reasonably determined by us. If either address is outside the Service Area, we may cancel your order and refund the Rental Fee in full, or, in our sole discretion, we may agree to serve the address for an additional fee of $3.00 per mile beyond the service area for each applicable address. You may not change either address without our approval.
Delivery, Pickup, and Extensions.
Clear and Safe Path; Responsible Individual. You must provide a clear, safe path from the nearest place our vehicle can lawfully park to the delivery and pickup locations, free of obstacles, ice, snow, and other hazards, adequately lit, with pets secured, and with any gate codes, elevator reservations, parking, and landlord, building, or homeowners’ association approvals arranged in advance. It is your responsibility to arrange for yourself or a responsible agent eighteen (18) years of age or older of your choosing to be present during the delivery and pickup windows. If neither you nor an agent is present, or if our driver reasonably determines that the path or location is unsafe or inaccessible, we may deliver or pick up the Equipment at the nearest safe location (which counts as delivery or pickup) or decline the delivery or pickup. A declined delivery is a Failed Delivery under Section 6.2. A declined pickup must be rescheduled by you subject to our availability, and will be subject to Late Fees.
Delivery Details. You allow us to enter the outdoor and common areas of the Delivery Address and Pickup Address as needed to deliver, pick up, or recover the Equipment, and to photograph the Equipment and those locations. We may deliver or pick up when no one is present at our sole discretion within the agreed delivery and pickup windows. Delivery and pickup times are estimates.
Late Fees. If the Equipment is not ready for pickup on the scheduled pickup date and no extension has been confirmed, you will pay late fees (“Late Fees”) until we collect all Equipment, at the following rates: 20-Tote rental, $7.00 per day; 40-Tote rental, $9.00 per day; 60-Tote rental, $12.00 per day.
Extensions. To extend your rental, contact us by email at least twenty-four (24) hours before your scheduled pickup date. Extensions are subject to availability and our current rates and are effective only when we confirm them in writing (including by email or text). Our drivers cannot approve extensions or other changes to your rental.
Cancellation, Rescheduling, and Refunds. We understand that moving plans can change. Because each reservation sets aside Equipment and a delivery time just for you, the following terms apply.
How to Cancel or Reschedule. Please send cancellation and rescheduling requests by text message to 513-547-2424 or email to info@crosstowntotes.com. An emailed request is effective when we receive it, except that a request received after 5:00 p.m. or on a day we are closed is effective at 9:00 a.m. on the next business day. A request made by phone to 513-547-2424 is effective only if and when we confirm it in writing. The time a request becomes effective is the “Effective Time.” Notice periods are measured from the Effective Time to the start of your scheduled delivery window (the “Delivery Time”). All times in this Agreement are Eastern Time. We will confirm your request by email; if you do not hear from us within one (1) business day, please contact us.
Cancellation by You. If you request a cancellation, it will be handled as set forth in the following subsections (a)–(d) based on the length of time between the Effective Time and the Delivery Time:
168 hours (i.e. seven days) or more: a full refund.
At least seventy-two (72) hours but less than seven (7) days: at your choice, (i) a refund of the Rental Fee less a $25.00 cancellation fee, OR (ii) a Rental Credit (as defined in Section 6.3) for the full Rental Fee paid. You must notify us of your choice in writing within seven (7) days after cancellation, or you will receive a Rental Credit and waive any right to a refund.
At least twenty-four (24) hours but less than seventy-two (72) hours: no refund, but the full Rental Fee paid may be applied as a Rental Credit, subject to availability.
Less than twenty-four (24) hours, or a Failed Delivery: no refund or Rental Credit. A “Failed Delivery” is a delivery we cannot complete because no one is available to receive it, our driver declines it under Section 5.1, or the Delivery Address you provided is incorrect.
Rental Credits. A “Rental Credit” may be applied to one future rental with a delivery date within six (6) months after your original Delivery Time. Rental Credits have no cash value, are not transferable or refundable, cannot be combined with other promotions, and are subject to availability. Unused Rental Credits expire. If your new rental costs more than your Rental Credit, you will pay the difference; if it costs less, the remaining balance is forfeited. Amounts paid with a Rental Credit are not refundable, and a used Rental Credit will not be reissued if that rental is cancelled.
Rescheduling. You may reschedule your delivery once without a fee if you give at least seventy-two (72) hours’ notice before the Delivery Time. The new date must be within six (6) months after the original date and is subject to availability. Any later request, or any request made with less than seventy-two (72) hours’ notice, is subject to availability and may be treated as a cancellation in our sole discretion.
Special Circumstances. You may ask for an exception because of severe weather, an emergency, or other unusual circumstances by emailing us a description of what happened. We may, in our sole discretion, offer a refund, a Rental Credit, or a rescheduled delivery. Any exception we make is a one-time courtesy and does not change this Agreement.
Cancellation by Us. If we cannot fulfill your reservation and cannot arrange an acceptable alternative, we will refund the affected Rental Fee in full. THIS REFUND IS YOUR ONLY REMEDY, AND WE ARE NOT LIABLE FOR ANY OTHER COSTS, SUCH AS MOVING TRUCK, LABOR, LODGING, OR STORAGE CHARGES. We may also cancel your reservation if your information is inaccurate, your Payment Card (as defined in Section 8) is declined or a charge is disputed, you breach this Agreement, or you are abusive or threatening toward our staff. Such a cancellation will be treated as a cancellation by you under Section 6.2, effective as of the time we notify you of the cancellation.
Refunds. Refunds are issued only to the Payment Card, within ten (10) business days after we confirm the cancellation; posting time depends on your card issuer. We may deduct from any refund or Rental Credit any amount you owe under this Agreement.
Your Responsibility for the Equipment.
Proper Use. Use the Equipment only for packing and moving household or personal goods. Do not use Totes for hazardous materials (such as flammable, explosive, corrosive, or toxic substances), unsealed liquids, perishable food or garbage, live animals, illegal items, or anything that may damage or stain them. You are responsible for Damage caused by misuse and for any disposal costs.
Risk of Loss. From delivery until we complete pickup, you are responsible for all Equipment and for any loss, theft, or damage to it from any cause, except damage caused by our personnel while handling it. You are also responsible for the acts of anyone you allow to use the Equipment, including family members, guests, helpers, and movers.
Damage. You must return the Equipment in the same condition as delivered, except for normal wear and tear such as minor scuffs and scratches. Do not put stickers, labels, or other adhesives on the Equipment or write on it with permanent marker. Those items, and any cracks, holes, tears, breaks, missing parts, stains, odors, contamination, or other condition that makes the Equipment unfit to rent again without repair, special cleaning, or replacement, are “Damage.”
Damage Reporting. It is your responsibility to inspect the Equipment when it is delivered. You must report any Damage, missing items, or incorrect quantity within four (4) hours after delivery by text message to 513-547-2424 or email to info@crosstowntotes.com, with photographs if possible. IF YOU DO NOT REPORT A PROBLEM WITHIN FOUR (4) HOURS, THE EQUIPMENT WILL BE DEEMED DELIVERED COMPLETE, CLEAN, AND UNDAMAGED, AND ANY DAMAGE, LOSS, OR SHORTAGE FOUND AT OR AFTER PICKUP WILL BE DEEMED TO HAVE OCCURRED DURING YOUR RENTAL AND WILL BE YOUR RESPONSIBILITY. We will not charge you for a condition you report on time, and we will replace the affected Equipment or adjust your Rental Fee at our sole discretion.
Replacement Charges. For each item that is lost, stolen, not returned, or Damaged, you will pay the following (the “Replacement Charges”): Tote (bin and lid), $10.00; Dolly, $40.00.
Non-Return. Equipment that has not been returned within fourteen (14) days after the scheduled pickup date, without a confirmed extension, will be considered unreturned. We may then charge the Replacement Charges for such Equipment plus the Late Fees accrued through that date, after which Late Fees will stop. Paying for unreturned Equipment does not transfer ownership to you. If it is later returned, we may refund all or part of the Replacement Charges, in our sole discretion.
Payment Card Authorization. YOU AUTHORIZE US TO STORE THE CREDIT OR DEBIT CARD USED FOR YOUR PAYMENT (THE “PAYMENT CARD”) AND TO CHARGE IT, IN ONE OR MORE SEPARATE CHARGES, FOR ANY AMOUNTS YOU OWE UNDER THIS AGREEMENT, including Replacement Charges, Late Fees, extension charges, cancellation fees under Section 6, mileage fees, any other fees under this Agreement, and applicable taxes (“Additional Charges”). Before charging any Additional Charges for Damage, loss, or Late Fees, we will email you an itemized statement (with photographs of any Damage), and we will not charge them until at least three (3) days after sending the statement and at least fourteen (14) days after the scheduled pickup. You may dispute a statement by replying within that time. If the Payment Card is declined, expired, or replaced, you authorize us to use updated card information provided by your card issuer, and you will pay any unpaid amount within ten (10) days after our invoice. Please contact us to resolve any billing question before disputing a charge with your card issuer. If you dispute with your card issuer an amount that is not refundable under Section 6, we may cancel any outstanding reservation or Rental Credit. This authorization remains in effect until you have paid all amounts you owe.
Assumption of Risk; Release; Indemnity.
Assumption of Risk. Lifting, stacking, packing, and moving loaded Totes and using Dollies involve risks of injury, death, and damage to property, including the contents of the Totes and floors, walls, stairs, and vehicles. YOU ASSUME ALL OF THESE RISKS FOR YOURSELF AND ANYONE YOU ALLOW TO USE THE EQUIPMENT. We are not a mover, carrier, or storage company; we do not take custody of or insure the contents of the Totes, and you are solely responsible for them.
Release. TO THE FULLEST EXTENT PERMITTED BY OHIO LAW, YOU, FOR YOURSELF AND YOUR HEIRS, PERSONAL REPRESENTATIVES, AND ASSIGNS, RELEASE AND AGREE NOT TO SUE CROSS TOWN TOTES AND ITS OWNERS, EMPLOYEES, AGENTS, AND CONTRACTORS (THE “RELEASED PARTIES”) FOR ANY INJURY, DEATH, OR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING THE CONTENTS OF THE TOTES) ARISING FROM THE RENTAL OR THE EQUIPMENT, INCLUDING CLAIMS CAUSED BY THE NEGLIGENCE OF A RELEASED PARTY. This release does not apply to willful or wanton misconduct.
Indemnity. To the fullest extent permitted by law, you will indemnify, defend, and hold harmless the Released Parties from all claims, losses, damages, and expenses (including reasonable attorney’s fees) arising from the use of the Equipment by you or anyone you allow to use it, the contents of the Totes, the condition of the Delivery Address, the Pickup Address, or the path described in Section 5.1, or your breach of this Agreement.
Reasonable Estimates. The cancellation fees and forfeitures under Section 6, the Replacement Charges, and the Late Fees are reasonable estimates of losses that would be difficult to calculate, including the cost of holding Equipment and delivery times that could have been provided to other customers, and are not penalties.
Limited Warranty; Limitation of Liability. We will deliver the Equipment clean and in usable condition, and your only remedy if we do not is replacement or adjustment under Section 7.4. OTHERWISE, THE EQUIPMENT IS PROVIDED “AS IS,” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT TOTES ARE WATERPROOF, AIRTIGHT, OR CRUSH-PROOF. WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING THE COSTS OF A DELAYED MOVE, MOVING TRUCK OR LABOR CHARGES, LODGING, OR LOST WAGES, AND OUR TOTAL LIABILITY WILL NOT EXCEED THE RENTAL FEE YOU PAID. If we are unable to deliver, your only remedy is a refund under Section 6.6.
Governing Law; Venue. Ohio law governs this Agreement. Any lawsuit relating to this Agreement, your rental, or the Equipment must be brought in the state courts located in Butler County, Ohio, or, if federal jurisdiction exists, the United States District Court for the Southern District of Ohio.
General Terms. We are not responsible for delays or failures caused by events beyond our reasonable control, such as severe weather, hazardous road conditions, vehicle breakdowns, or emergencies, and we may postpone a delivery or pickup for any such reason without liability; Late Fees will not accrue during a delay we cause. This Agreement and your Order Confirmation are the entire agreement about your rental. If any part of this Agreement is unenforceable, it will be enforced to the extent permitted, and the rest will remain in effect. We may update this Agreement for future transactions; any change to your existing rental must be confirmed by us in writing (including by email). Our failure to enforce any term, or any accommodation we make, is not a waiver. You may not assign this Agreement; we may. The Released Parties may enforce Section 9. Nothing in this Agreement limits any right you have that cannot be waived under applicable law. Terms that by their nature should continue after your rental ends, including your payment obligations and Sections 3, 7, 8, 9, 10, 11, and 12, will survive. “Including” means “including without limitation.”
Questions? Call 513-547-2424 or email info@crosstowntotes.com.
BY COMPLETING YOUR TRANSACTION, YOU AGREE TO THIS AGREEMENT, INCLUDING THE CANCELLATION AND REFUND TERMS IN SECTION 6, THE PAYMENT CARD AUTHORIZATION IN SECTION 8, AND THE RELEASE OF LIABILITY IN SECTION 9. IF YOU DO NOT AGREE, DO NOT COMPLETE YOUR TRANSACTION.