fbpx
Terms and Conditions Top Banner

Terms and Conditions

These terms and conditions (“Agreement”) set 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 SHIPPING CONEX | Official Affiliate of USED CONEX LLC (“SHIPPING CONEX | Official Affiliate of 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 disagree 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 SHIPPING CONEX | Official Affiliate of 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 an 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. Suppose in our judgment, your purchase constitutes a high-risk transaction. In that case, 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 SHIPPING CONEX | Official Affiliate of 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 SHIPPING CONEX | Official Affiliate of USED CONEX LLC in connection with this sale of equipment, including any penalties, fines or interest thereon and to prepare all necessary filings.

25-Year Premium Warranty

SHIPPING CONEX | Official Affiliate of USED CONEX LLC disclaims all representations and warranties, expressed or implied, as to any matter whatsoever, except for the guarantees listed below:

We offer a free 25-year Premium Warranty on both new and used shipping containers, which includes:

In the event of leaks or holes caused by rust, a non-rusting material will be provided for the customer to apply to the affected area. The material sets in about 5 minutes and after 60 minutes, it can be drilled, tapped, machined, ground, filed, and painted.

Any issues should be reported to USED CONEX LLC via email at orders@usedconex.com along with a photo of the affected area.

Upon delivery, the customer is responsible for inspecting the shipping container to ensure it is free of leaks or holes. If the customer does not notice any of the above-mentioned issues, he or she has one business day to report the issue to USED CONEX LLC. USED CONEX LLC will attempt to assist the customer for free in resolving the issue remotely without providing onsite repair services.

If the issue was reported one business day after delivery and the container cannot be fixed and needs to be replaced, USED CONEX LLC will collect the container and replace it or refund the customer in full after the container has been collected from the customer’s property.

USED CONEX LLC is not responsible for claims received one business day after delivery. This is except for leaks and holes, which will be handled in accordance with the warranty policy described in this document.

Relocation or modification of the container will automatically void the warranty. (Painting the container does not void the warranty)

Cancellation & Return Policy

USED CONEX LLC is required to fulfill the order within 20 business days of receipt of the order. In the event that a customer cancels the order before the specified period, USED CONEX LLC has the right to deduct a cancellation fee of up to 25% of their invoice and refund the remaining balance within 5 business days.

Once a container has been delivered, it cannot be returned unless Used Conex LLC has previously agreed to this in writing or by email.

It is the customer’s responsibility to provide the minimum space required for delivery and to prepare the delivery site in accordance with USED CONEX LLC’s Delivery Guidelines found here.

In the event the customer is uncertain as to whether the required space for delivery can be met, they should notify Used Conex LLC before placing an order and should send pictures or videos of the delivery location to orders@usedconex.com.

USED CONEX LLC will attempt to assist the customer based on information provided by the customer; however, the customer is responsible for accepting the risk of unsuccessful delivery due to lack of space or any related reasons. In the event of an unsuccessful delivery, USED CONEX LLC is not responsible for any fees or costs incurred.

In case of rejection of the container due to space limitations upon delivery, rejection due to any reason such as aesthetics, color, or any other reason that is not eligible based on these 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 from the customer’s invoice.

In the event that a customer cancels their order within 24 hours of the scheduled delivery date, a 25% cancellation fee will be deducted from their invoice as a result.

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

USED CONEX LLC shall not be responsible for any loss or damage caused by late or delayed delivery.

In the event that equipment is lost, stolen, or damaged during transit, the customer must file a claim with the delivery carrier in accordance with the guidelines of the US Department of Transportation. 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 the customer’s further request to cancel the order, USED CONEX LLC has the right to charge a cancellation fee of up to 25% of the customer’s invoice.

Customers who choose to pick up the container understand that once they have received the release information sent to their email address, they will not be able to cancel or change the order unless they inform USED CONEX LLC and wait 3-5 business days for the release to be voided. A penalty/cancelation fee of up to 25% of the total invoice amount will be charged to customers who cancel their order and refuse to pick up the purchased container.

If the customer places an order for pickup, the customer will use his own truck and trailer or hire a third-party carrier to pick up the container. In that case, the customer will have to inspect the container upon pick-up to ensure it meets the order description on the invoice. If there is any problem with the container, the Customer must inform USED CONEX LLC and not leave the depot/container yard with the container. When the Customer leaves the depot with the container, they understand and accept that the sale is final and the container cannot be returned.

The customer understands that once they receive the release information, they must pick up the container within 7 business days free of charge. For any day after 7 business days, Used Conex LLC can charge a $25/day storage fee.

In case of chargebacks or 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. Customers will be responsible for paying the collections and legal fees in addition to their unpaid bills.

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, SHIPPING CONEX | Official Affiliate of 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 SHIPPING CONEX | Official Affiliate of 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 SHIPPING CONEX | Official Affiliate of USED CONEX LLC. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of SHIPPING CONEX | Official Affiliate 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 SHIPPING CONEX | Official Affiliate of USED CONEX LLC or third party trademarks.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will SHIPPING CONEX | Official Affiliate of 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 the 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 SHIPPING CONEX | Official Affiliate 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 SHIPPING CONEX | Official Affiliate of 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 SHIPPING CONEX | Official Affiliate of 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.

Contact 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 support@shippingconex.com or info@usedconex.com.

This document was last updated on Aug 20th, 2023.