Terms and Conditions of Sales
1. Sale and Purchase of Goods
Our Business (‘Seller’) hereby agrees to sell, and You (‘Buyer’) hereby agree to purchase, goods of the description and quantity described on the checkout window (‘Checkout’) and incorporated herein by this reference (‘Goods’) on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as agreed by both parties prior to purchase.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer upon receipt of invoice from Seller.
4. Delivery
Unless otherwise agreed in writing, delivery shall be the Buyer’s sole responsibility. Any Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.
5. Condition of Goods
Containers may be subject to minor scratches, scuffs, and marginal dents due to shipping.
6. Limited Warranty
In the case of brand new containers, the warranty shall be the current warranty provided by the manufacturer thereof. The Seller shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the containers.
In the case of second-hand/used containers, the Buyer acknowledges that it has had full opportunity to inspect the containers prior to Delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Seller as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Buyer acknowledges and agrees that the Seller has agreed to provide the Buyer with the containers, and calculated the prices thereof, in reliance of this clause.
7. General
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.
