1.) GUARANTEE AND CONSEQUENTIAL DAMAGES

GUARANTEE’S

LIFETIME CUSTOMER SUPPORT ON ALL GRADES OF CONTAINERS FOR AS LONG AS YOU OWN THE CONTAINER.

CONTAINER GRADES AND DESCRIPTIONS:

1. 1TRIP/NEW CONTAINERS COME WITH A 10-YEAR STRUCTURAL AND 10 YEAR NO LEAK WARRANTY. ANY ALTERATIONS TO THE CONTAINER VOID THESE GUARANTEES. THESE CONTAINER HAVE ONLY BEEN USED 1 TIME.

2. MULTI-TRIP(MT) CONTAINERS COME WITH A 5-YEAR STRUCTURAL AND A 5-YEAR NO-LEAK WARRANTY. ANY ALTERATIONS TO THE CONTAINER VOID THESE GUARANTEES. MULTI-TRIP CONTAINERS HAVE ONLY BEEN USED 2-5 TIMES.

3. CARGO WORTHY (CW) CONTAINERS COME WITH A 5-YEAR STRUCTURAL AND A 5-YEAR NO-LEAK WARRANTY. ANY ALTERATIONS TO THE CONTAINER VOID THESE GUARANTEES. CARGO WORTHY CONTAINERS ARE GUARANTEED TO PASS THE 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. THESE CONTAINERS HAVE BEEN USED MANY TIMES.

4. WIND AND WATER TIGHT (WWT) COME WITH A 5-YEAR STRUCTURAL AND A 5-YEAR NO-LEAK WARRANTY. ANY ALTERATIONS TO THE CONTAINER VOID THESE GUARANTEES. THESE CONTAINERS ARE SAME QUAILITY AS CARGO WORTHY BUT DO NOT COME WITH THE GAURANTEE THEY WILL PASS MARINE SURVEY TO BE USED FOR INTERNATIONAL SHIPPING ON A TRAIN OR SHIP.

5. ECONOMY GRADE (EG) CONTAINERS COME WITH A 1 -YEAR NO ROOF LEAK WARRANTY ONLY. ANY ALTERATIONS TO THE CONTAINER VOID THESE GUARANTEES. THIS IS THE LOWEST GRADE WE OFFER AND ONLY RECOMMEND THEM AFTER LEARNING THE USE THE CUSTOMER HAS FOR THE CONTAINER.

6. BUYER IS AWARE THAT ALL CONTAINER GRADES WITH THE EXCEPTION OF 1 TRIP/NEW COULD HAVE SURFACE RUST, DENTS, AND SCRATCHES AND PREVIOUS REPAIRS. THIS IS DUE TO NORMAL WEAR AND TEAR DUE TO USE IN THE INTERNATIONAL SHIPPING ENVIRONMENT. PREVIOUS PATCHES AND REPAIRS ARE POSSIBLE ON ALL GRADES EXCEPT 1TRIP. 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.

7. SCRATCHES, DENTS, RUST, PREVIOUS REPAIRS DO NOT AFFECT THE GRADE AND FUNCTION OF THE CONTAINER AND ARE NOT ITEMS INCLUDED IN WARRANTY CLAIMS WITH THE EXCEPTION OF 1 TRIP CONTAINER GRADE.

CONTAINER LOGISTICS WILL REPAIR OR CAUSE TO BE REPAIRED ANY EQUIPMENT WITHIN THIS GUARANTEE PERIOD THAT DOES NOT MEET THE GRADE(S) CONDITIONS ABOVE. THIS GUARANTEE DOES NOT GUARANTEE THE COSMETIC APPEARANCE OF CONTAINERS. MOST COMMON RESOLUTIONS ARE:

Organize a complete replacement of the container(s) at no cost to buyer if container is not on grade. If its not on grade we will replace it at no cost to Customer
Reimburse any preapproved approved out of pocket repair cost to buyer.
Upgrade container at higher grade.
if leak or small hole is later discovered, a ISO certified permanent repair kit will be sent during the term of warranties set above for each grade.
Unlike many competitors who advertise long-term or even “lifetime” guarantees that, in practice, are not valid or just marketing gimmicks’ CONTAINER LOGISTICS will resolve the problem at no cost to the customer. CONTAINER LOGISTICS stands behind its products and grades and and will make it right at no cost to the customer if a container is not on Grade when delivered.

THE GUARANTEES ABOVE CAN NOT BE WAIVED BY CONTAINER LOGISTICS.

2.) WARRANTIES

CONTAINER LOGISTICS DISCLAIMS AND PURCHASER WAIVES AND RELEASES CONTAINER LOGISTICS FROM ANY AND ALL REPRESENTATIONS AND WARRANTIES EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ACCEPT THOSE 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 LOGISTICS 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 LOGISTICS BE LIABLE HEREUNDER FOR ANY LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF CONTAINER LOGISTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.) DELIVERY

a) CONTAINER LOGISTICS outsources delivery to local DOT approved and qualified trucking companies with DOT required liability insurance. All drivers have been trained in Container Inspection’s and Delivery operations. Container Logistics provides this at or near cost to help simplify the purchase process for customers without ability to arrange delivery themselves. Customer waives CONTAINER LOGISTICS of any/all liability associated with product delivery.

b) 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 recovering the delivery truck. If specific location cannot be accessed, customer agrees to provide a different location on property that can be safely delivered to.

c) CONTAINER LOGISTICS 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. Container Logistics will provide the insurance certificate and assist Customer in filing claim if requested.

d) Delivery Timeline: Customer is provided a current average delivery timeline at time of purchase. This is a range of business days that is applicable at delivery location. This is an average and not a set window. Delivery could happen before or after the average timeline given. Customer will be contacted to schedule delivery a day before notice. Expedited delivery is a option and must be approved prior to purchase.

e) Container Logistics will use reasonable best efforts to meet the delivery deadline. Failure by Container Logistics to meet a delivery timeline will not be considered a breach or default by Container Logistics, and the Buyer shall not be entitled to any damages or compensation resulting from such failure. Without limiting the generality of the foregoing, Container Logistics is not bound by any delivery timeline that cannot be met due to circumstances beyond Container Logistics’s control, or that is caused by delivery companies or Depot locations. Container Logistics shall have no liability whatsoever for loss or damage due to late delivery or non-delivery of any container. If delivery cannot be made within the delivery window preferred by the Buyer, Container Logistics will inform the Buyer of this delay.

More delivery information can be found at https://containerlogistics.eu/faqs/

4.) Returns and Buy Back Program

Returns – Customers can return their container within 30 days and get refund of the cost of the container only. They will have to pay for the delivery cost and the return delivery cost plus restocking fee. Returns must be confirmed and approved in writing with our Purchasing department. They must be returned in same condition as you received them with no modifications made to them. Containers must be returned to Container Logistics location. After container has been returned, Container Logistics will inspect Container and refund will be deposited into customers account within 30 days.

Buy Back Program – Container Logistics will Buy back any container that it has sold at current Market prices. Customer must provide pictures and or video of container and be subject to inspection when we pick up the container. Container must not be modified in anyway.

1. Cancelation

If order is canceled by customer for any reason after 48hrs of purchase, the customer will be charged a $500.00 Cancelation fee. Customer will never be charged a cancelation if Container Logistics is in breach of our Terms and Conditions.

Furthermore, if CONTAINER LOGISTICS’s performance of any sales invoice is, in whole or in part, prevented or hindered by any cause whatsoever, CONTAINER LOGISTICS 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

4.) REMEDIES/WAIVER

The remedies reserved to CONTAINER LOGISTICS herein shall be cumulative and in addition to any other or further remedies provided by law. CONTAINER LOGISTICS’s failure to insist on performance of any of the terms and conditions of this Agreement, or CONTAINER LOGISTICS’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 LOGISTICS’s prior written consent, which consent may be withheld for any reason.

6.) JURISDICTION AND LAW

CONTAINER LOGISTICS 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 LOGISTICS and Purchaser hereby consent to be subject to the jurisdiction of such courts. CONTAINER LOGISTICS and Purchaser agree to waive any objection to the venue of such courts and not to assert any defense of forum non conveniens. CONTAINER LOGISTICS 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 LOGISTICS. 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 LOGISTICS 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 LOGISTICS.

8.) INDEMNIFICATION

Purchaser will, defend at its own expense and indemnify and hold harmless CONTAINER LOGISTICS, 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 LOGISTICS 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 LOGISTICS all reasonable attorneys’ fees and other costs and expenses CONTAINER LOGISTICS incurs in enforcing its rights to collect amounts owed by Purchaser to CONTAINER LOGISTICS 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 LOGISTICS 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 LOGISTICS 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