Used Conex

These terms and conditions (“Agreement”) sets forth the general terms and conditions of your use of the usedconex.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and USED CONEX LLC (“USED CONEX LLC”, “we”,

“us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and USED CONEX LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as

secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the

e-mail and/or billing address/phone number provided at the time the order was made.

Taxes

Customer agrees to assume exclusive liability for and to pay, indemnify and hold USED CONEX LLC 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 USED CONEX LLC 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).

Warranties

USED CONEX LLC disclaims and the purchaser waives and releases USED CONEX LLC from any and all representations and warranties either expressed or implied, as to any matter whatsoever, including without limitation except guarantees listed below.

USED CONEX LLC provides a 2-year-premium warranty for leaks and holes on both new and used shipping containers. The warranty will only cover the leaks or holes by sending the customer a self-adhesive repair patch with instructions on how to use it (free of charge). Any future relocation or modification added to the container will automatically void the warranty.

USED CONEX LLC provides a 6-year structural warranty on all new and used containers. In case the container collapses within 6 years from the date of purchase, the warranty will cover replacing the container with another used wind and watertight unit.  Any future relocation or modification added to the container will automatically void the warranty.

Return and Cancellation Policy

USED CONEX LLC is bound to fulfill the order within 20 business days from the date that the order was placed. In case of canceling the order before the mentioned period, USED CONEX LLC has the right to deduct a cancelation fee of $200.00 and return the remaining balance within 3-5 business days.

Customer is aware of USED CONEX LLC’s Delivery Guidelines and is responsible to provide the minimum space required for delivery and preparation of the delivery site.

In case the customer has any doubts about meeting the minimum space required for delivery, they are required to inform Used Conex LLC before placing an order and they are required to send pictures or videos of the delivery location to [email protected].

In case of rejection of the container due to space limitations upon delivery, rejection based on any reasons such as aesthetics, color, doors, floors or anything that is not eligible based on the ones mentioned on the terms and conditions, USED CONEX LLC will have the right to deduct a dry run fee or an amount up to twice the delivery fee on the invoice plus a $200 cancellation fee.  Used Conex LLC will issue a refund with the remaining balance within 3-5 business days. 

Cancellations within 24 hours from the priorly scheduled delivery date are subject to twice the delivery fee plus a $200 cancelation fee. The remaining balance will be refunded to the customer within 3-5 business days.

During the delivery process, the Customer can request a specific location to drop off the container. If the truck gets stuck during the delivery of  Customer’s container, the customer is fully responsible for getting the delivery truck out or towed, in addition to paying an hourly wait time fee of $100/hour to compensate for the driver’s time.

Customers are required to inspect the unit before the container is unloaded. If there are leaks or holes in the container, Customer can reject the container before it’s unloaded. The customer is responsible for contacting Used Conex as soon as possible so we can coordinate with the driver to return the container to the depot without charging the customer. The customer will be refunded in full within 3-5 business days.

USED CONEX LLC 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 the delivery carrier per US Department of Transportation guidelines. Furthermore, if USED CONEX’s performance of any sales invoice is, in whole or in part, prevented or hindered by any cause whatsoever, USED CONEX LLC 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.

In case of any delay in delivery or postponement of the delivery date by the customer and customer’s further request to cancel the order, USED CONEX LLC has the right to charge a cancellation fee of $200.00 plus other costs associated with the order.

Pick-up Customer understands that once they have received the release information sent to their email, they will no longer be able to cancel or change the order.

If Customer places an order for pick-up (meaning Customer will pick up the container using his truck and trailer or will hire a third-party carrier), they will have to inspect the container upon pick-up to ensure the container meets the order description on the invoice. If there is any problem with the container, Customer must inform Used Conex LLC and not leave the depot/container yard with the container.   If Customer leaves the depot with the container, they understand and accept that the sale has been finalized, and due to liability reasons, they won’t be able to return the container to the depot.  

Customer understands that once they receive the release information, they will need to pick up the container within five business days free of storage charge, and Used Conex LLC  is eligible to charge a storage fee of $7/day for any days after five business days.

In case of any extra fees resulting from any of the conditions mentioned under this. “Return and Cancellation Policy”   the customer understands that Used Conex LLC has the right to chase the funds by sending the unpaid bills and dues to collections agencies and/or pursue legal action to make the customer accountable. Customer will be responsible to pay the collections and legal fees in addition to their unpaid bill.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website

including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource unless specifically stated herein. Some of the links on the Website may be “affiliate links.” This means if you click on the link and purchase an item, USED CONEX LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other

off-site resources is at your own risk.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each

case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by USED CONEX LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with USED CONEX LLC. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of USED CONEX LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of USED CONEX LLC or third party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will USED CONEX LLC, its affiliates, contractors, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, property damages during delivery, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of USED CONEX LLC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to USED CONEX LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold USED CONEX LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and

against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Florida, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States.

The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Florida, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]

This document was last updated on November 30, 2020