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 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 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 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. If 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 when 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.
Terms
- Upon delivery, the customer will receive a Proof of Delivery Form from the driver. The customer understands that they are required to inspect the container upon delivery. By signing the Proof of Delivery Form, the customer confirms acceptance of the container in good condition. Any future issues will be addressed as specified in the warranty policy of this agreement.
- As a valued customer, you play a crucial role in ensuring a smooth delivery process. It is your 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. Your proactive approach will greatly contribute to a successful delivery.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 [email protected].
- 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.
- Suppose the container is rejected upon delivery due to space limitations or for any reason not eligible based on these terms and conditions. In that case, USED CONEX LLC reserves 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.
- During the delivery process, the Customer can request a specific location to drop off the container. Suppose the truck gets stuck during the container delivery. In that case, 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.
- Suppose equipment is lost, stolen, or damaged during transit. In that case, the customer must file a claim with the delivery carrier by the US Department of Transportation guidelines.
- Furthermore, suppose USED CONEX LLC’s performance of any sales invoice is, in whole or in part, prevented or hindered by any cause whatsoever. In that case, 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 cannot cancel or change the order unless they inform USED CONEX LLC and wait 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.
- Suppose the customer places an order for pickup. In that case, the customer will use his truck and trailer or hire a third-party carrier to pick up the container. In that case, the customer must inspect the container upon pick-up to ensure it meets the order description on the invoice. Suppose there is any problem with the container. In that case, 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. Used Conex LLC can charge a $25/day storage fee for any day after 7 business days.
- 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.
Warranty Policy
- The customer must thoroughly inspect the container upon delivery. USED CONEX LLC will not be held responsible for replacing the container if the customer fails to identify the damage upon delivery and signs the proof of delivery form, confirming that the container was received and accepted in good condition. However, USED CONEX LLC will assist the customer according to this warranty policy if the customer overlooks the damage upon delivery.
- All used containers are subject to rust, dings, and dents. Customers cannot reject the container because of aesthetic issues or color preferences.
- Relocating or modifying the container automatically voids the warranty. Painting the container does not void the warranty unless improper techniques were used, such as improper sandblasting.
- Warranty issues may be reported to USED CONEX LLC via email at [email protected], along with a video showing the problem, the entire unit, and the container number on the doors.
- USED CONEX LLC disclaims all representations and warranties, expressed or implied, as to any matter whatsoever, except for the guarantees listed below.
- 25-year leak warranty on all shipping containers;
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.
- 25-year structural warranty on all shipping containers;
Coverage: The warranty covers significant structural defects that impair the container's ability to serve its intended purpose. This includes:
- Frame
- Walls and Roof
- Flooring
Exclusions: Common exclusions include:
- Damage caused by improper use or overloading.
- Modifications or alterations made to the container after purchase.
- Damage from external forces such as accidents, natural disasters, or improper handling.
- Cosmetic issues like surface rust, dents, or scratches do not affect structural integrity.
Return Policy:
- Return Period: In case of irreparable damage to the container, returns are accepted within 90 days from delivery.
- Condition: The container must be returned in the same condition as received. Any damage or modifications made after delivery will void the return policy.
- Shipping Costs: The customer is responsible for all return shipping costs. The customer must arrange the return by hiring a carrier. USED CONEX LLC is not responsible for replacing the container if the customer accepts it. The customer needs to coordinate return details with USED CONEX LLC and return the container to a designated location specified by USED CONEX LLC.
- Refund Process: Refunds will be processed within 3 business days after the customer confirms the return by emailing [email protected] and verifying that the return has been completed. The customer is responsible for providing the gate-in document from the depot as proof of return.
- Non-Returnable Items: Custom or modified containers, and containers sold "as-is," are not eligible for return.
- To initiate a return, the customer must email our customer service team at [email protected] and include the invoice number and pictures of the front, back, left side, right side, inside of the container, and the doors. Please specify the estimated return date as well.
Cancellation Policy
USED CONEX LLC is required to fulfill the order within 20 business days of receipt. If 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 the invoice and refund the remaining balance within 5 business days. In the case of emergency cancellations, we understand that circumstances can change rapidly. Therefore, we do not impose any penalties and will refund your order in full, provided it is canceled via email at least 2 business days before delivery.
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. Using the Website and Services grants you no right or license to reproduce or otherwise use any of USED CONEX LLC or third-party trademarks.
