Terms of service

26 Apr 2024

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. 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.

25-Year Premium Warranty

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.

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 eachcase 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 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 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.

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 info@usedconex.com.This document was last updated on Aug 20th, 2023.