Terms and Conditions
Terms & Conditions For the Sale and Delivery of Shipping Containers:
1.DISCLAIMER OF WARRANTIES /CONSEQUENTIAL DAMAGES.
A) ALL CONTAINERS COME WITH A 5 YEAR STRUCTURAL FRAME FAILURE WARRANTY UNDER NORMAL USE. ANY MODIFICATION OF THE FRAME WILL VOID THIS WARRANTY.
B) CARGO WORTHY (CW) AND AND WIND AND WATER TIGHT (WWT) CONTAINERS COME WITH A 1 YEAR DOOR (PROPERLY SEAL TO PREVENT WATER INTRUSION, OPEN AND CLOSE), FLOORS (FREE OF HOLES) AND ROOF (NO LEAKS) WARRANTY.
CONTAINER ONE WILL REPAIR OR CAUSE TO BE REPAIRED ANY EQUIPMENT WITHIN THIS WARRANTY PERIOD THAT DOES NOT MEET THE CONDITIONS ABOVE. THIS WARRANTY DOES NOT WARRANTY THE COSMETIC APPEARANCE OF CONTAINERS. CONTAINER ONE WILL SEND INDUSTRY APPROVED PATCHES IN CASE OF A HOLE. PURCHASER IS AWARE THAT ALL CONTAINERS ARE USED CONTAINERS AND ALL USED CONTAINERS WILL HAVE SURFACE RUST, DENTS, SCRATCHES, DUE TO NORMAL WEAR AND TARE DUE TO USE IN THE INTERNATIONAL SHIPPING ENVIRONMENT. 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 (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.
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 a $200.00 cancellation fee plus $150.00 restocking fee per container plus any fee's or cost if applicable.
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).
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.
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.
5.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.
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.
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.
8.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.
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.
If there are any questions regarding the Terms & Conditions listed above, you may contact us using the information below
8204 N. Palmyra Rd
Canfield, OH 44406
Last Edited on 5/21/2019
Last Updated May 2019