Shipping Container Supplier, LLC
Est. 2018
IN SUMMARY: We believe in treating customers, drivers, and any business partnerships and relations with fairness and kindness. We have to ensure that all parties involved are protected from any potential issues that may violate a commonly known treatment of fairness and decency, so we have to have some fine print. Please read it carefully. But please also know that we will do whatever is reasonable to ensure a customer's trust and a drivers' trust. We love you both and want to have a long term relationship with each of you!
1.) GUARANTEES
GUARANTEE'S
a) ALL CONTAINERS COME WITH A 5 YEAR STRUCTURAL FRAME FAILURE AND PROTECTION FROM LEAKING GUARANTEE UNDER NORMAL USE. ANY MODIFICATION OF THE FRAME WILL VOID THIS GUARANTEE. THIS GUARANTEE DOES NOT PROVIDE PROTECTION LIABILITY FOR THE CONTENTS INSIDE THE CONTAINER. WE ENCOURAGE YOU TO ENSURE THAT YOU HAVE INSURANCE FOR THE CONTENTS.
b) SINGLE TRIP/NEW CONTAINERS COME WITH A 5 YEAR DOORS, FLOORS (FREE OF HOLES), AND ROOF (NO LEAKS) WARRANTY.
c) CARGO WORTHY (CW) AND WIND AND WATER TIGHT (WWT) CONTAINERS COME WITH A 5 YEAR DOORS AND FLOORS (FREE OF HOLES) WARRANTY.
d) CARGO WORTHY CONTAINERS ARE NOT GUARANTEED TO PASS INSPECTION TO TRANSPORT GOODS ON A SHIP OR TRAIN. WE SELL CARGO WORTHY CONTAINERS AS SIMPLY A HIGHER GRADE OF STORAGE UNIT THAN A WIND AND WATER TIGHT UNIT.
STRONG CONTAINERS WILL REPAIR ANY CONTAINER WITHIN THIS GUARANTEE. THIS GUARANTEE DOES NOT GUARANTEE THE COSMETIC APPEARANCE OF CONTAINERS. STRONG CONTAINERS WILL SEND ISO (INTERNATIONAL SHIPPING ORGANIZATION) APPROVED PERMANENT PATCHES IN CASE OF A HOLE, OR WILL SEND OUT A WELDER TO PATCH. STRONG WILL MAKE THE DECISION IN THIS REGARD. PURCHASER IS AWARE THAT ALL CONTAINERS ARE USED CONTAINERS AND ALL USED CONTAINERS WILL HAVE SURFACE RUST, DENTS, AND SCRATCHES DUE TO USE IN CROSSING THE OCEAN AND BEING USED FOR CARGO. 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.
*CONTAINERS ALL HAVE BEEN USED. AND MUCH LIKE US AS PEOPLE, THEY HAVE COSMETIC ISSUES AT TIMES. THIS IS PART OF THEIR STORY AND BEAUTY! WE HOPE YOU CAN IMAGINE ALL THE PLACES THESE CONTAINERS HAVE BEEN TO IN ACQUIRING THEIR VARIOUS MARKS OF RUST, SCRATCHES, AND VARIOUS MARKS.
2.) WARRANTIES
STRONG CONTAINERS DISCLAIMS AND PURCHASER WAIVES AND RELEASES STRONG CONTAINERS FROM ANY AND ALL REPRESENTATIONS AND WARRANTIES EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION EXCEPTING THE GUARANTEES LISTED ABOVE IN SECTION 1
(a) THE DESIGN, CONDITION, AVAILABILITY, OR OPERATION 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 STRONG CONTAINERS 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 STRONG CONTAINERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.) REMEDIES/WAIVER
The remedies reserved to STRONG CONTAINERS herein shall be cumulative and in addition to any other or further remedies provided by law. STRONG CONTAINERS' failure to insist on performance of any of the terms and conditions of this Agreement, or the waiver of any breach, shall not act as a waiver of any other term or condition or any subsequent breach.
4.) ASSIGNMENT
Purchaser may not assign this Agreement nor any of its rights or obligations herein without STRONG CONTAINERS' prior written consent, which consent may be withheld for any reason.
5.) JURISDICTION AND LAW
STRONG CONTAINERS 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 of Utah, State of Utah, U.S.A., and STRONG CONTAINERS and Purchaser hereby consent to be subject to the jurisdiction of such courts. STRONG CONTAINERS and Purchaser agree to waive any objection to the venue of such courts and not to assert any defense of forum non conveniens. STRONG CONTAINERS 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. 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 Utah, U.S.A.
6.) ENTIRE AGREEMENT
It is understood and agreed that this Agreement and the applicable invoice embodies the complete understanding of Purchaser and STRONG CONTAINERS 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 STRONG CONTAINERS.
7.) INDEMNIFICATION
Purchaser will, defend at its own expense and indemnify and hold harmless STRONG CONTAINERS, 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, STRONG CONTAINERS may cancel the sale or charge Purchaser storage fees of $10.00 per day beyond the initial 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 STRONG CONTAINERS all reasonable attorneys’ fees and other costs and expenses STRONG CONTAINERS incurs in enforcing its rights to collect amounts owed by Purchaser to STRONG CONTAINERS 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.
9.) TAXES
Purchaser agrees to assume exclusive liability for and to pay, indemnify and hold STRONG CONTAINERS 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 STRONG CONTAINERS 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).
10.) DELIVERY
STRONG CONTAINERS hires delivery to local providers for customers. Customer waives STRONG CONTAINERS of any/all liability associated with product delivery. Each driver carries their own insurance coverage that can be used in the event of issues that may be caused by the driver's own negligence or errors.
During the delivery process, the customer guides our drivers to a specific location to drop the container. If a delivery truck gets stuck during the delivery of a customer's container delivery, the customer is fully responsible for getting the delivery truck out or towed.
Strong 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 a claim with delivering carrier per US Department of Transportation recommendations.
11.) REFUNDS
If you change your mind and we haven't loaded your container on a trailer then we would be happy to refund you. We just ask that you pay 3%, which covers the cost of the initial transaction.
12.) RETURNS
If your container has been loaded and our driver has transported it out of the facility where it is being held, and you then decide you don't want the container, then we will need to charge you the transportation cost for transporting the container to you, along with the return trip back to the storage yard. There will also be a 3% additional fee to cover the cost of the initial transaction (as noted in #12 above). This is an expensive situation and we hope that our customers make their purchases with the understanding that a used container has been across the ocean many times and will not look as pretty as a new 1 trip container will. The costs of these two have a drastic difference and should be decided upon at the time of purchase to avoid the expenses noted here. We want happy customers. We also want our customers to be well informed in this regard as well.