Terms and Conditions
Terms & Conditions For the Sale and Delivery of Shipping Containers:
1.) GUARANTEE AND CONSEQUENTIAL DAMAGES
GUARANTEE'S
a) ALL CONTAINERS COME WITH A 5 YEAR STRUCTURAL FRAME FAILURE GUARANTEE UNDER NORMAL USE. ANY MODIFICATION OF THE FRAME WILL VOID THIS GUARANTEE.
b) 1TRIP/NEW CONTAINERS COME WITH A 5 YEAR DOOR (PROPERLY OPEN AND CLOSE TO SECURE CONTENTS), FLOORS (FREE OF HOLES), AND ROOF (NO LEAKS) WARRANTY.
c) CARGO WORTHY (CW) AND WIND AND WATER TIGHT (WWT) CONTAINERS COME WITH A 1 YEAR DOOR (PROPERLY OPEN AND CLOSE TO SECURE CONTENTS), FLOORS (FREE OF HOLES) AND ROOF (NO LEAKS) WARRANTY.
d) CARGO WORTHY CONTAINERS ARE GUARANTEED TO PASS REQUIRED MARINE SURVEY INSPECTION TO TRANSPORT GOODS ON A SHIP OR TRAIN. THIS GUARANTEE IS VALID FOR 60 DAYS FROM DELIVERY AND IS VOID IF ANY ALTERATIONS ARE MADE TO THE CONTAINER.
CONTAINER ONE WILL REPAIR OR CAUSE TO BE REPAIRED ANY EQUIPMENT WITHIN THIS GUARANTEE PERIOD THAT DOES NOT MEET THE CONDITIONS ABOVE. THIS GUARANTEE DOES NOT GUARANTEE THE COSMETIC APPEARANCE OF CONTAINERS. CONTAINER ONE WILL SEND ISO (INTERNATIONAL SHIPPING ORGANIZATION) APPROVED PERMANENT PATCHES IN CASE OF A HOLE. PURCHASER IS AWARE THAT ALL CONTAINERS ARE USED CONTAINERS AND ALL USED CONTAINERS WILL HAVE SURFACE RUST, DENTS, AND SCRATCHES, DUE TO NORMAL WEAR AND TEAR DUE TO USE IN THE INTERNATIONAL SHIPPING ENVIRONMENT. 1TRIP CONTAINERS COULD HAVE FORKLIFT TIRE MARKS ON THE FLOOR, LIGHT DENTS, OR SCRATCHES FROM LOADING AND UNLOADING ON THE SHIP OR TRAIN FROM ONE-TIME USE. THIS IS RARE BUT POSSIBLE.
THE GUARANTEES ABOVE CAN NOT BE WAIVED BY CONTAINER ONE.
2.) WARRANTIES
CONTAINER ONE DISCLAIMS AND PURCHASER WAIVES AND RELEASES CONTAINER ONE FROM ANY AND ALL REPRESENTATIONS AND WARRANTIES EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ACCEPT GUARANTEE'S LISTED ABOVE IN SECTION 1
(a) THE DESIGN, CONDITION, AVAILABILITY, OPERATION, OR FITNESS FOR USE OF THE EQUIPMENT
(b)THE FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE OF PURCHASER; AND (c) THE CONFORMITY OF THE EQUIPMENT TO THE SPECIFICATIONS REQUIRED BY ANY COUNTRY OR POLITICAL SUBDIVISION WITHIN WHICH THE EQUIPMENT MAY BE USED. PURCHASER ACKNOWLEDGES AND AGREES THAT CONTAINER ONE SHALL HAVE NO LIABILITY TO PURCHASER FOR ANY CLAIM, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY THE EQUIPMENT, OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN, OR BY ANY INCIDENT WHATSOEVER IN CONNECTION THEREWITH WHETHER ARISING IN STRICT LIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL CONTAINER ONE BE LIABLE HEREUNDER FOR ANY LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF CONTAINER ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.) DELIVERY
CONTAINER ONE outsources delivery to local providers at or near cost to help simplify the purchase process for customers without trucks. Customer waives CONTAINER ONE of any/all liability associated with product delivery.
During the delivery process, the customer is able to request a specific location to drop the container. If a delivery truck gets stuck during the delivery of customer’s container/order, the customer is fully responsible for getting the delivery truck out or towed.
CONTAINER ONE “CONTAINER ONE” shall have no liability whatsoever for loss or damage due to late or delayed delivery. If Equipment is lost, stolen or damaged in transit the customer shall file claim with delivering carrier per US Department of Transportation guidelines. Furthermore, if CONTAINER ONE’s performance of any sales invoice is, in whole or in part, prevented or hindered by any cause whatsoever, CONTAINER ONE shall have the right to cancel, without any liability on its part, all or portions of the sales invoice so affected and issue a refund where applicable and if a order is canceled the customer is subject to cancellation fee's of $350.00 plus $150 per container restocking fee per container when applicable, Credit Card charges plus any other direct expense if applicable.
4.) REMEDIES/WAIVER
The remedies reserved to CONTAINER ONE herein shall be cumulative and in addition to any other or further remedies provided by law. CONTAINER ONE's failure to insist on performance of any of the terms and conditions of this Agreement, or CONTAINER ONE's waiver of any breach, shall not act as a waiver of any other term or condition or any subsequent breach.
5.) ASSIGNMENT
Purchaser may not assign this Agreement nor any of its rights or obligations herein without CONTAINER ONE's prior written consent, which consent may be withheld for any reason.
6.) JURISDICTION AND LAW
CONTAINER ONE and Purchaser agree that any claim or controversy , directly or indirectly arising out of or relating to this sale, may be litigated in the state or federal courts located in the county Mahoning, State of OHIO, U.S.A., and CONTAINER ONE and Purchaser hereby consent to be subject to the jurisdiction of such courts. CONTAINER ONE and Purchaser agree to waive any objection to the venue of such courts and not to assert any defense of forum non conveniens. CONTAINER ONE and Purchaser agree that service of process upon the other may be made by mailing a copy (by registered or certified mail or courier service) postage prepaid, addressed
to the respondent Party at the address shown on the invoice for the Purchaser and at 8204 N Palmyra Rd, Canfield OH 44406 U.S.A for CONTAINER ONE. Service shall be complete seven days after such process has been mailed to the respondent Party or when received if sent by courier service. Nothing herein shall affect the right of either Party to serve legal process in any other manner permitted by law or affect the right of either Party to bring any action or proceeding against the other Party or its property in the courts of any other jurisdiction. This agreement shall be construed and interpreted according to the laws of the State of Ohio, U.S.A.
7.) ENTIRE AGREEMENT
It is understood and agreed that this Agreement and the applicable invoice embodies the complete understanding of Purchaser and CONTAINER ONE relative to this sale and that the terms and conditions of this Agreement may not be revised or modified in any way except by a written instrument specifically purporting to do so signed by the Purchaser and CONTAINER ONE.
8.) INDEMNIFICATION
Purchaser will, defend at its own expense and indemnify and hold harmless CONTAINER ONE, its agents, employees and indemnities from and against any and all claims, losses, damages, liabilities, demands, actions, costs, expenses and fees (including attorneys' fees) arising out of, or in connection with, the sale of the equipment to Purchaser or any subsequent use, operation or disposition of the equipment.
9.) CUSTOMER PICKUP AND STORAGE PAYMENT
Equipment must be picked up within 15 days of the release confirmation. Otherwise, CONTAINER ONE may cancel the sale or charge Purchaser storage fees of $20.00 per day beyond 15 days. Ownership of equipment will be transferred to Purchaser on the date of pickup. Payment terms are listed on the applicable invoice. If for any reason payment is not made when due, Purchaser will pay to CONTAINER ONE all reasonable attorneys’ fees and other costs and expenses CONTAINER ONE incurs in enforcing its rights to collect amounts owed by Purchaser to CONTAINER ONE under this Agreement. Overdue payments will be subject to a service charge equal to the lesser of 2% per month or the highest legal rate.
10.) TAXES
Purchaser agrees to assume exclusive liability for and to pay, indemnify and hold CONTAINER ONE harmless from all sales or use taxes, transfer, title and registration fees, VAT, domestication, personal property taxes or other taxes, tolls, levies, imposts, duties or governmental charges imposed in connection with the sale of equipment, or any services rendered by CONTAINER ONE in connection with this sale of equipment, including any penalties, fines or interest thereon and to prepare all necessary filings (including VAT filings that may be required under the reverse-charge provisions).
Contacting Us
If there are any questions regarding the Terms & Conditions listed above, you may contact us using the information below
Mobile Terms of Service
Container One
Last updated: Oct. 3, 2023
The Container One mobile message service (the "Service") is operated by Container One (“Container One”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Container One’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Container One through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include specials, promotions, Product Price, Abandoned Cart, Abandoned Browser, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Container One. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18446908009 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Container One mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18446908009 or email info@containerone.net.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Contacting Us
If there are any questions regarding the Terms & Conditions listed above, you may contact us using the information below
CONTAINER ONE
8204 N. Palmyra Rd
Canfield, OH 44406
United States
(330)286-0526
Last Edited on Oct. 2023