This Equipment Rental Agreement (this "Agreement") is entered into between Titan Totes LLC, a South Dakota limited liability company ("Titan Totes," "we," "us," or "our"), and the person or entity identified in the Order Confirmation ("Customer," "Renter," "you," or "your").
By placing an order, electronically accepting these terms at checkout, or accepting delivery of the Equipment, you agree to be bound by this Agreement.
1. DEFINITIONS
1.1 "Equipment" means all reusable plastic moving totes, lids, tote dollies, hand trucks, and any other items delivered to Customer by Titan Totes, together with all accessories and labels affixed to them.
1.2 "Order Confirmation" means the electronic confirmation issued by Titan Totes stating the package selected, Equipment quantity, Rental Period, Delivery Address, Pickup Address, fees, and taxes. The Order Confirmation is incorporated into and made part of this Agreement.
1.3 "Rental Period" means the period beginning on the date the Equipment is delivered to Customer and ending on the scheduled pickup date stated in the Order Confirmation, as it may be extended under Section 6.
1.4 "Delivery Address" and "Pickup Address" mean the physical addresses designated by Customer in the Order Confirmation.
2. RENTAL, TITLE, AND OWNERSHIP
2.1 Rental only. Titan Totes rents the Equipment to Customer for temporary use. This Agreement is a rental, not a sale, lease-purchase, security agreement, or bailment for sale. No part of any payment applies toward the purchase of the Equipment.
2.2 Title remains with Titan Totes. Titan Totes retains full legal and beneficial title to all Equipment at all times. Customer acquires only the right to possess and use the Equipment for the Rental Period, subject to this Agreement.
2.3 No transfer or encumbrance. Customer shall not sell, sublease, rent, lend, pledge, assign, or transfer the Equipment or any interest in it to any third party. Customer shall not permit any lien, security interest, levy, attachment, or other encumbrance to attach to the Equipment. Customer shall immediately notify Titan Totes in writing if any third party asserts any claim against the Equipment.
2.4 No alteration. Customer shall not paint, drill, cut, deface, or otherwise modify the Equipment, and shall not remove, cover, or deface any label, serial number, barcode, logo, or identifying mark affixed to the Equipment.
2.5 Location. Customer shall keep the Equipment within the State of South Dakota and shall not remove it from the state without the prior written consent of Titan Totes. Customer shall notify Titan Totes in writing at least 48 hours in advance of any change to the Pickup Address.
3. RENTAL PERIOD, DELIVERY, AND PICKUP
3.1 Commencement and termination. The Rental Period begins when the Equipment is delivered to the Delivery Address and ends when Titan Totes retrieves the Equipment from the Pickup Address.
3.2 Delivery and pickup windows. Titan Totes will schedule delivery and pickup within the appointment window communicated to Customer. Titan Totes will use commercially reasonable efforts to arrive within that window but does not guarantee a specific arrival time. Titan Totes is not liable for any loss, cost, delay, or consequential damage arising from a delayed, rescheduled, or missed delivery or pickup, including but not limited to moving-truck charges, mover labor charges, elevator reservation fees, lease penalties, closing delays, or lost wages.
3.3 Point of delivery. Unless Customer has purchased an in-home placement service, delivery and pickup are made to the ground-floor entryway, garage, porch, or curbside of the applicable address. Titan Totes is not obligated to carry Equipment up or down stairs, into basements, into individual rooms, or through elevators.
3.4 Customer presence. A person aged eighteen (18) or older must be present at both delivery and pickup to sign for the Equipment. If Customer authorizes unattended delivery, Customer assumes all risk of loss, theft, damage, weather exposure, or interference with the Equipment from the moment it is placed at the address, and the Equipment count stated in the Order Confirmation is deemed conclusively accepted.
3.5 Access. Customer represents that Customer has the legal right to authorize Titan Totes to enter the Delivery Address and Pickup Address, and grants Titan Totes and its agents permission to enter those premises for the purposes of delivering and retrieving the Equipment. Customer is responsible for obtaining any required building, landlord, homeowners association, or property management authorization, and for providing safe, unobstructed, and reasonably clear access, including snow and ice removal.
3.6 Missed pickup appointment. If Customer is not present at a scheduled pickup, or the Equipment is not accessible, stacked, and ready as required by Section 5, Titan Totes may charge a missed-appointment fee of $30 and Customer remains responsible for continuing charges under Section 6 until the Equipment is actually retrieved.
3.7 Equipment count. Customer shall verify the quantity and condition of the Equipment at delivery. Any discrepancy or pre-existing damage must be reported to Titan Totes within 24 hours of delivery. Absent timely notice, the quantity stated in the Order Confirmation is deemed correct and the Equipment is deemed delivered clean, functional, and undamaged.
4. FEES, TAXES, AND PAYMENT
4.1 Rental fees. Customer shall pay the fees stated in the Order Confirmation. All fees are due and payable in advance of delivery unless Titan Totes agrees otherwise in writing.
4.2 Sales tax. All rental fees are subject to South Dakota state sales tax and any applicable municipal sales tax. Municipal tax is determined by the Delivery Address. Tax is calculated at checkout and added to the total.
4.3 Payment method and card on file. Customer shall provide a valid credit or debit card, which Titan Totes will retain on file for the duration of the Rental Period and for fourteen (14) days following retrieval and inspection of the Equipment.
4.4 AUTHORIZATION TO CHARGE. Customer expressly authorizes Titan Totes to charge the card on file, without further notice or authorization, for: (a) rental fees and taxes; (b) extension and late-return charges under Section 6; (c) damage, loss, and replacement charges under Section 7; (d) cleaning charges under Section 8; (e) cancellation, rescheduling, and missed-appointment fees under Sections 3 and 9; (f) additional Equipment delivered at Customer's request; and (g) any other amount Customer owes under this Agreement. Titan Totes will provide Customer with an itemized statement of any charge assessed after delivery.
4.5 Failed payment. If any charge is declined, reversed, disputed without cause, or otherwise not collected, Customer shall pay the amount owed within ten (10) days of written demand.
4.6 Late payment interest. Any amount not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate permitted by South Dakota law, whichever is less, from the due date until paid in full.
4.7 Costs of collection. Customer shall pay all reasonable costs of collection, including reasonable attorney's fees, court costs, filing fees, service fees, and collection agency fees, incurred by Titan Totes in enforcing this Agreement or collecting amounts owed.
4.8 No offset. Customer shall not withhold, offset, or reduce any payment owed under this Agreement on account of any claim or alleged claim against Titan Totes.
5. PERMITTED USE AND CARE OF EQUIPMENT
5.1 Ordinary household and office use. Customer shall use the Equipment only for packing, storing, and transporting ordinary household or office goods, and only in a manner consistent with its intended purpose.
5.2 Weight limit. Customer shall not load any single tote in excess of sixty (60) pounds. Customer acknowledges that overloading creates a risk of tote failure and personal injury.
5.3 Stacking limit. Customer shall not stack totes more than five (5) high, and shall not stack totes on uneven, sloped, or unstable surfaces.
5.4 PROHIBITED CONTENTS. Customer shall not place in or transport in the Equipment any of the following: (a) hazardous, flammable, combustible, explosive, corrosive, radioactive, or toxic materials; (b) gasoline, propane, kerosene, oil, paint, solvents, aerosols, or compressed gas; (c) firearms, ammunition, fireworks, or explosives; (d) illegal drugs, controlled substances, or contraband; (e) live animals, insects, or plants; (f) perishable food, raw meat, or any item likely to spoil, leak, mold, decompose, or attract pests; (g) wet, damp, or liquid-filled items; (h) human or animal waste, biohazardous or medical waste; (i) cash, jewelry, precious metals, securities, deeds, or irreplaceable documents; (j) any item whose possession or transport violates applicable law.
5.5 Prohibited conditions of use. Customer shall not: (a) store the Equipment outdoors or expose it to prolonged sun, precipitation, or freezing conditions; (b) place the Equipment in any location subject to standing water, flooding, or sewage; (c) use the Equipment as a step, stool, ladder, platform, seat, or support for any person; (d) drag totes across surfaces in a manner that causes abrasion; (e) use the Equipment in any location known or suspected to be infested with bed bugs, cockroaches, rodents, fleas, or other pests; (f) permit smoking, vaping, or cannabis use in proximity to the Equipment.
5.6 BED BUG AND PEST DISCLOSURE. Customer represents that, to the best of Customer's knowledge, neither the Delivery Address nor the Pickup Address is currently infested with bed bugs or other pests. Customer shall immediately notify Titan Totes if Customer discovers or suspects any infestation during the Rental Period. Customer acknowledges that infested Equipment must be removed from service and may require destruction, and that Customer shall be responsible for the full replacement cost of any Equipment rendered unusable by infestation, as set out in Section 7, plus a decontamination fee of $250.
5.7 Return condition. At the end of the Rental Period, Customer shall: (a) empty all Equipment completely; (b) shake out debris and wipe the interior and exterior of each tote clean and dry; (c) remove all tape, adhesive labels, stickers, and writing applied by Customer; (d) reattach all lids and reassemble all tote dollies; (e) stack all totes neatly, not more than five (5) high, at the same ground-floor access point where delivery was made; and (f) make the Equipment fully accessible for retrieval.
5.8 Reasonable wear. Titan Totes accepts ordinary scuffs, scratches, and surface marks consistent with normal careful use. Section 7 applies to damage exceeding ordinary wear.
6. EXTENSIONS AND LATE RETURN
6.1 Requested extension. Customer may request an extension of the Rental Period by contacting Titan Totes at least 48 hours before the scheduled pickup. Extensions are subject to Equipment availability and are not guaranteed. Approved extensions are billed at the published extension rate for Customer's package, plus applicable tax, and are charged to the card on file.
6.2 Extensions excluded from discounts. Promotional discounts, coupons, and referral credits do not apply to extension charges.
6.3 UNAUTHORIZED LATE RETURN. If Customer fails to return or make available the Equipment on the scheduled pickup date without an approved extension, Customer shall pay a late fee of $10 per day, plus a rescheduling fee of $20, plus applicable tax, for each day until the Equipment is retrieved. Late fees accrue automatically and are charged to the card on file.
6.4 ABANDONMENT AND CONVERSION. If the Equipment is not returned or made available for retrieval within thirty (30) days after the scheduled pickup date, the Equipment shall be deemed converted, and Customer shall pay the full replacement value of all unreturned Equipment as set out in Section 7, in addition to all accrued rental, extension, and late charges. Titan Totes reserves the right to pursue all available civil and criminal remedies, including a report to law enforcement for theft of rental property.
6.5 RIGHT OF REPOSSESSION. Upon expiration or termination of the Rental Period, or upon Customer's breach of this Agreement, Titan Totes may, to the extent permitted by law and without judicial process where lawful, enter the premises where the Equipment is located and retake possession of the Equipment. Customer expressly consents to such entry and retaking and waives any claim for trespass arising from a peaceable repossession. Nothing in this Section authorizes a breach of the peace.
7. DAMAGE, LOSS, AND REPLACEMENT
7.1 CUSTOMER BEARS ALL RISK OF LOSS. From the moment the Equipment is delivered until it is retrieved by Titan Totes, Customer bears the entire risk of loss, theft, destruction, damage, or disappearance of the Equipment, regardless of cause and regardless of fault, including loss caused by fire, flood, water, weather, storm, wind, hail, vandalism, theft, burglary, vehicle accident, third-party movers, contractors, guests, children, or pets. Customer's obligation to pay for lost or damaged Equipment is not excused by the absence of Customer's negligence.
7.2 Replacement charges. Customer shall pay the following amounts for each item lost, stolen, unreturned, or damaged beyond ordinary wear:
| Item | Replacement charge |
|---|---|
| Moving tote (with lid) | $20 each |
| Tote lid only | $10 each |
| Tote dolly | $30 each |
| Hand truck | $200 each |
| Label removal (per tote) | $3 each |
Moving tote (with lid)
- Replacement charge
- $20 each
Tote lid only
- Replacement charge
- $10 each
Tote dolly
- Replacement charge
- $30 each
Hand truck
- Replacement charge
- $200 each
Label removal (per tote)
- Replacement charge
- $3 each
7.3 Repairable damage. Where Equipment is damaged but repairable, Titan Totes may in its sole discretion charge the reasonable cost of repair in lieu of the full replacement charge.
7.4 Damage beyond ordinary wear includes cracks, splits, punctures, holes, broken hinges or handles, warping, melting, heat or fire damage, chemical or solvent damage, permanent staining, permanent odor, ink or paint marking, and any damage rendering the Equipment unsanitary or unfit for re-rental.
7.5 Inspection. Titan Totes will inspect all Equipment following retrieval and will notify Customer of any damage, loss, or cleaning charge within seven (7) days of retrieval, together with an itemized statement. Titan Totes' good-faith inspection determination is final absent manifest error.
7.6 NO INSURANCE ON CUSTOMER'S PROPERTY. Titan Totes does not insure, and provides no coverage of any kind for, the contents Customer places in the Equipment or any other property of Customer. Customer is solely responsible for insuring Customer's own goods. Customer should confirm with Customer's homeowners, renters, or commercial insurer whether Customer's property is covered in transit and whether Customer is covered for damage to rented equipment.
7.7 Customer's insurance. Customer is encouraged to maintain homeowners, renters, or commercial general liability insurance covering Customer's use of the Equipment. Nothing in this Section obligates Titan Totes to pursue Customer's insurer or to accept an insurance claim in lieu of direct payment by Customer.
8. CLEANING
8.1 Standard cleaning included. Titan Totes sanitizes all Equipment between rentals at no charge to Customer, provided the Equipment is returned in the condition required by Section 5.7.
8.2 Deep cleaning fee. Equipment returned with dirt, dust, debris, food residue, liquid residue, soil, sawdust, or other material requiring more than routine wiping is subject to a deep cleaning fee of $3 per affected item.
8.3 Pet hair fee. Equipment returned containing pet hair or dander is subject to an additional fee of $5 per affected item.
8.4 Odor and contamination fee. Equipment returned with smoke, cannabis, mildew, mold, chemical, or other persistent odor, or contaminated by any prohibited content listed in Section 5.4, is subject to a fee of $25 per affected item, or the full replacement charge under Section 7 if the odor or contamination cannot be remediated.
8.5 Label and adhesive removal. Equipment returned with tape, adhesive labels, stickers, or writing applied by Customer is subject to a removal fee of $3 per affected item.
9. CANCELLATION AND RESCHEDULING
9.1 Cancellation more than 72 hours before delivery. Customer receives a full refund of rental fees, less any non-refundable date-hold deposit disclosed at booking.
9.2 Cancellation between 72 and 24 hours before delivery. Customer forfeits twenty-five percent (25%) of the total order amount.
9.3 Cancellation within 24 hours before delivery, or on the scheduled delivery date. Customer forfeits fifty percent (50%) of the total order amount.
9.4 Cancellation after delivery. No refund of rental fees is available once the Equipment has been delivered. A restocking fee of $50 applies if Customer requests immediate retrieval of undelivered-but-dispatched or unused Equipment.
9.5 Rescheduling. One reschedule is permitted at no charge if requested at least 72 hours before the scheduled delivery. Subsequent reschedules, or reschedules requested within 72 hours, are subject to a fee of $20.
9.6 Titan Totes cancellation. Titan Totes may cancel any order at its discretion, including for Equipment unavailability, unsafe conditions, severe weather, road closure, or Customer's failure to provide required access or information. In such case Titan Totes' sole obligation is to refund amounts paid by Customer for the cancelled order.
10. DISCLAIMER OF WARRANTIES
10.1 AS-IS. THE EQUIPMENT IS PROVIDED "AS IS" AND "WITH ALL FAULTS." TITAN TOTES MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
10.2 No warranty of suitability. Titan Totes does not warrant that the Equipment is suitable for any particular item Customer intends to pack, that the quantity ordered is sufficient for Customer's move, or that the Equipment will protect Customer's contents from damage.
10.3 Customer's inspection. Customer shall inspect the Equipment at delivery and shall not use any item that appears cracked, broken, unstable, unsanitary, or otherwise unfit. Customer's use of any item constitutes Customer's acceptance of that item as fit for Customer's intended purpose.
11. ASSUMPTION OF RISK
11.1 ACKNOWLEDGMENT OF RISK. Customer acknowledges that packing, lifting, carrying, stacking, loading, and moving totes and using tote dollies and hand trucks involve inherent risks of personal injury, including strain, sprain, hernia, crush injury, back and spinal injury, falls, and injury from falling or tipping totes or Equipment, and involve inherent risk of damage to Customer's property and to real property including floors, walls, doorframes, stairs, and vehicles.
11.2 VOLUNTARY ASSUMPTION. Customer knowingly, voluntarily, and expressly assumes all such risks and accepts full responsibility for Customer's own use of the Equipment and for the use of the Equipment by Customer's family members, guests, employees, agents, movers, and contractors.
11.3 Supervision. Customer shall keep the Equipment out of the reach of unsupervised children and shall not permit any person to climb on, stand on, or ride the Equipment.
12. LIMITATION OF LIABILITY
12.1 NO LIABILITY FOR CUSTOMER'S CONTENTS. TITAN TOTES IS NOT RESPONSIBLE FOR ANY LOSS OF, DAMAGE TO, DESTRUCTION OF, OR DISAPPEARANCE OF ANY PROPERTY CUSTOMER PLACES IN OR TRANSPORTS IN THE EQUIPMENT, including without limitation furniture, electronics, glassware, dishes, artwork, antiques, collectibles, instruments, clothing, documents, or any other item, whether caused by breakage, crushing, moisture, temperature, vibration, mishandling by Customer or Customer's movers, or failure of the Equipment.
12.2 NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TITAN TOTES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF USE, LOSS OF BUSINESS, MOVING OR STORAGE COSTS, LABOR OR MOVER CHARGES, TRUCK RENTAL CHARGES, LODGING COSTS, LEASE OR CLOSING PENALTIES, OR LOST WAGES, arising out of or relating to this Agreement or the Equipment, whether based in contract, tort, negligence, strict liability, warranty, or any other theory, and whether or not Titan Totes was advised of the possibility of such damages.
12.3 AGGREGATE LIABILITY CAP. TITAN TOTES' TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE EQUIPMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF RENTAL FEES ACTUALLY PAID BY CUSTOMER TO TITAN TOTES FOR THE ORDER GIVING RISE TO THE CLAIM.
12.4 Allocation of risk. Customer acknowledges that the limitations in this Section are a material part of the bargain, that the rental rates charged reflect this allocation of risk, and that Titan Totes would not enter into this Agreement without these limitations. Customer acknowledges that Customer has the ability to obtain insurance covering Customer's property and use.
12.5 Carve-out. Nothing in this Agreement limits or excludes liability for fraud, willful injury to the person or property of another, or any liability that may not lawfully be limited or excluded under South Dakota law. If any limitation in this Section is held unenforceable as to any claim, it shall remain in full force as to all other claims.
12.6 Survival of remedy limitations. The limitations in this Section apply even if any limited remedy fails of its essential purpose.
13. INDEMNIFICATION
13.1 Customer indemnity. Customer shall indemnify, defend, and hold harmless Titan Totes LLC and its members, managers, officers, employees, agents, contractors, and insurers (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, actions, causes of action, judgments, liabilities, losses, damages, fines, penalties, costs, and expenses, including reasonable attorney's fees and defense costs, arising out of or relating to:
(a) Customer's use, misuse, possession, loading, unloading, storage, or transport of the Equipment;
(b) any personal injury, death, or property damage occurring during the Rental Period and involving the Equipment, other than injury or damage caused by the willful misconduct of an Indemnified Party;
(c) Customer's breach of any provision of this Agreement, including the prohibited-contents and prohibited-use provisions of Section 5;
(d) any act or omission of Customer's family members, guests, employees, agents, movers, or contractors;
(e) any claim by a landlord, homeowners association, property manager, or third-party property owner relating to the presence, placement, or movement of the Equipment;
(f) Customer's violation of any applicable law, ordinance, or regulation in connection with the Equipment; and
(g) any claim that Customer lacked authority to grant Titan Totes access to the Delivery Address or Pickup Address.
13.2 Notice and cooperation. Titan Totes shall give Customer reasonable notice of any claim for which indemnity is sought. Titan Totes may, at its option and at Customer's expense, participate in or assume the defense of any such claim with counsel of its choosing.
13.3 Survival. Customer's obligations under this Section survive the expiration or termination of this Agreement.
14. DEFAULT AND REMEDIES
14.1 Events of default. Customer is in default if Customer: (a) fails to pay any amount when due; (b) fails to return the Equipment when due; (c) breaches any provision of Sections 2, 5, 6, or 7; (d) provides false or materially misleading information to Titan Totes; (e) becomes insolvent or subject to a bankruptcy, receivership, or assignment for the benefit of creditors; or (f) permits any lien, levy, or attachment against the Equipment.
14.2 Remedies. Upon default, Titan Totes may, in addition to all other remedies available at law or in equity: (a) declare the Rental Period terminated; (b) demand immediate return of the Equipment; (c) exercise its repossession rights under Section 6.5; (d) charge the card on file for all amounts owed; (e) recover the full replacement value of all unreturned Equipment; (f) recover all accrued fees, interest, costs of collection, and reasonable attorney's fees; and (g) refuse to provide future service to Customer.
14.3 Cumulative remedies. All remedies are cumulative and non-exclusive. Titan Totes' election of one remedy does not waive any other.
14.4 No waiver. Titan Totes' failure or delay in enforcing any provision of this Agreement is not a waiver of that provision or of any other provision, and does not waive Titan Totes' right to enforce it later.
15. FORCE MAJEURE
Titan Totes shall not be liable for any failure or delay in performance caused by any event beyond its reasonable control, including without limitation severe weather, blizzard, ice storm, flood, tornado, fire, road closure, act of God, epidemic, pandemic, public health order, labor disruption, supply shortage, vehicle breakdown, utility failure, civil unrest, act of terrorism, or governmental action. Titan Totes will use commercially reasonable efforts to reschedule affected deliveries or pickups.
16. PRIVACY AND COMMUNICATIONS
16.1 Personal information. Titan Totes collects and uses Customer's name, contact information, service addresses, and payment information to fulfill orders, process payments, and provide customer service, as described in Titan Totes' Privacy Policy at titantotessd.com/privacy.
16.2 Consent to contact. Customer consents to receive calls, text messages, and emails from Titan Totes at the phone number and email address provided, for transactional purposes relating to Customer's order, including delivery and pickup coordination. Message and data rates may apply. Customer may opt out of marketing messages at any time by replying STOP or using the unsubscribe link, without affecting transactional messages.
16.3 Photographs. Titan Totes may photograph delivered and retrieved Equipment for the purpose of documenting quantity and condition. Such photographs are used for internal recordkeeping and claim substantiation only.
17. GENERAL PROVISIONS
17.1 GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict-of-laws principles.
17.2 VENUE AND JURISDICTION. Customer consents to the exclusive jurisdiction and venue of the state courts located in Lincoln County, South Dakota, for any action arising out of or relating to this Agreement, and waives any objection to such venue based on inconvenient forum.
17.3 ATTORNEY'S FEES. In any action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, expert fees, costs, and expenses from the non-prevailing party, in addition to any other relief awarded.
17.4 Independent contractor status. Titan Totes is an independent contractor. Nothing in this Agreement creates any partnership, joint venture, agency, employment, or fiduciary relationship between the parties.
17.5 Assignment. Customer shall not assign or transfer this Agreement or any rights or obligations under it without Titan Totes' prior written consent. Titan Totes may assign this Agreement without Customer's consent, including in connection with a sale of its business or assets.
17.6 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining provisions shall continue in full force and effect.
17.7 Entire agreement. This Agreement, together with the Order Confirmation, constitutes the entire agreement between the parties regarding the Equipment and supersedes all prior or contemporaneous proposals, representations, understandings, and agreements, whether written or oral. No representation or statement not contained in this Agreement has been relied upon by Customer.
17.8 Amendment. Titan Totes may modify this Agreement prospectively by posting an updated version at titantotessd.com/rental-agreement. The version in effect on the date of Customer's order governs that order. No modification to an existing order is effective unless in a writing signed or electronically accepted by both parties.
17.9 Headings and interpretation. Section headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." This Agreement shall not be construed against either party as drafter.
17.10 Electronic signature and acceptance. Customer agrees that electronic acceptance of this Agreement, including by clicking a checkbox or button at checkout, typing Customer's name, or signing on an electronic device at delivery, constitutes Customer's valid and binding signature, has the same legal effect as a handwritten signature, and satisfies any requirement that this Agreement be in writing and signed.
17.11 Authority. If Customer is a business entity, the individual accepting this Agreement represents that they are at least eighteen (18) years of age and are duly authorized to bind that entity.
17.12 Notices. Notices to Titan Totes shall be sent to titantotessd@gmail.com or to Titan Totes LLC, Tea, South Dakota 57064. Notices to Customer may be sent to the email address or phone number provided in the Order Confirmation and are deemed received on the date sent.
17.13 Survival. Sections 2, 4, 6.4, 7, 8, 10, 11, 12, 13, 14, and 17 survive the expiration or termination of this Agreement.
18. ACKNOWLEDGMENT
BY ACCEPTING THESE TERMS, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS ENTIRE AGREEMENT, HAS HAD THE OPPORTUNITY TO ASK QUESTIONS, UNDERSTANDS ITS TERMS — INCLUDING THE ASSUMPTION OF RISK IN SECTION 11, THE DISCLAIMER OF WARRANTIES IN SECTION 10, THE LIMITATION OF LIABILITY IN SECTION 12, AND THE INDEMNIFICATION OBLIGATION IN SECTION 13 — AND AGREES TO BE BOUND BY THEM.
CUSTOMER FURTHER ACKNOWLEDGES THAT TITAN TOTES DOES NOT INSURE CUSTOMER'S PROPERTY AND THAT CUSTOMER BEARS THE FULL RISK OF LOSS OF OR DAMAGE TO THE EQUIPMENT DURING THE RENTAL PERIOD.
Signature
Under Section 17.10, electronic acceptance at checkout — checking the acceptance box and typing your full legal name — is your valid and binding signature on this Agreement. Titan Totes records the agreement version, the date and time of acceptance, and the accepting party's IP address with every order, and a copy is attached to your Order Confirmation.
Questions about any section of this document? Call 605-360-8992 or email titantotessd@gmail.com before you book.