20' Cargo Worthy Shipping Container
These are used 20' shipping containers that are certified to be structurally sound and wind and watertight. They are suitable for shipping cargo and are a cost-effective option for storage. They will have cosmetic wear like dents, scratches, or rust. The picture used is for demonstration purposes only as your shipping container will vary in color and appearance as it is purchased directly from the port.
TERMS AND CONDITIONS
Above units (“Equipment’) will be transferred to you (“Buyer”) on date of payment and Cargo Container Broker (“Seller”) shall no longer be responsible for these containers after this date. Upon full payment of this invoice, Seller warrants that Purchaser shall have good title to the Equipment with respect to any and all parties claiming by, through or under Seller. No title or other interest in or to the Equipment shall transfer unless and until full payment is therefore received by Seller.
All neutralization and custom charges are for Buyer’s account. Identification marks have to be removed prior pick up. Cargo Container Broker and/or associated and/or affiliated and/or subsidiary companies notwithstanding anything contained herein to the contrary makes no warranties, neither express nor implied, with respect to the equipment purchased.
This includes, but is not limited to it fitness for use, condition or merchantability. From the time that the equipment is transferred, the buyer shall be unconditionally responsible for any and all liabilities of whatsoever nature arising from the equipment. The Buyer shall indemnify, defend and hold Cargo Container Broker harmless against all loss, liability, damage, cost and expense, including attorney's fees, arising from accidents or occurrences causing injury to or illness death of persons or loss of damage to property (including, without limitation, cargo) from any cause whatsoever including but not limited to the negligence in whole or in part of the Buyer, involving or incidental to the equipment. This indemnification applies for any liabilities without limitation".
The supply of our services and goods we provide is governed by our General Terms and Conditions Buyer have received and agreed to at the occasion of the conclusion of the contract, performance of which is hereby invoiced. Should Buyer wish to receive a new copy of these General Terms and Conditions, Please contact Cargo Container Broker (by phone: 916-807-1255, via e-mail:info@cargocontainerbroker.com) and Buyer will receive such a copy at no charge.
GENERAL TERMS AND CONDITIONS OF PURCHASE AGREEMENT
Description of the Equipment and of the Purchase Agreement
Seller agrees to sell to Buyer and Buyer agrees to buy from Seller the containers ("the containers") on an "as is where is" basis at the terms defined in this Purchase Agreement. The Purchase Agreement is composed of the invoice ("the invoice”) sent to the Buyer at the time of sale of the containers and of the General Terms and Conditions (the "GTC"). The serial numbers of Containers are listed in the invoice.
Delivery Schedule and Place of Delivery
I. The Place of Delivery, the cost of delivery and the arrangement of delivery is the sole responsibility of the Buyer. .
II. Upon reception by the Buyer of the most recently published version of the GTC by the Seller, the Buyer agrees to buy the containers from the Seller, at the terms and conditions indicated in the GTC. The remaining information needed by the Buyer to purchase the containers is mentioned on the invoice.
III. Upon receipt of the invoice related to the sale of the containers, the Buyer is irrevocably committed to purchase the Containers at the Purchase Price mentioned. The Seller will provide the Buyer with a written authorization to pick up the Containers from the Seller's Depot.
Purchase Price
I. The Purchase Price is the price mentioned on the invoice for the sale of the containers.
II. The containers are sold without Value Added Tax ("VAT"). Any tax, tariff, duty or charge which may be now or hereafter imposed by governmental authorities or agencies upon the Containers sold, shall be added to the purchase price and charged to the Buyer.
Conditions of Payment
1. Terms of payment: Unless otherwise agreed in the invoice, all payments due by the Buyer to the Seller shall be made on the date the Buyer is billed by the Seller as mentioned on the invoice ("Invoice date"). All payments due by the Buyer shall be payable in United States Dollars. Payments past due more than thirty (30) days will be subject to a one-half percent (1.5%) per month service charge.
2. Unless otherwise agreed in the invoice, upon reception of the full payment of the Purchase Price by the Buyer, a written authorization to pick-up the containers from the Seller's depot is issued.
Storage Fees
The Seller grants the Buyer with a Pick-Up period of sixty (60) days running from the issuance of the written authorization to pick-up the containers. All Containers shall be picked up by the Buyer from the Seller's Depot before the end of the Pick-Up Period as indicated in the invoice. In case the containers have not been Picked-Up at the end of the Pick-Up period, the Seller will invoice to the Buyer the incurring storage fees of the Containers at the rate of Seventy Five States Dollars (75USD$) per day per 20' shipping container.
Transfer of Title and Passage of Risk
The Buyer shall assume title when the Containers are physically transferred from the Seller's Depot to the Buyer. Under no circumstances shall the Buyer have the right to use the Containers before the Containers are transferred from the Seller's Depot to the Buyer.
Retention of Security Interest in Title
Until the Seller receives full payment of the Purchase Price of the Containers, the latter remain the property of the Seller insofar as the laws of the country in which the Containers are situated allow this. If the applicable laws do no allow the retention of a security interest in the title, but allow the Seller to reserve other security rights, the Seller may exercise these rights.
The Buyer shall assist the Seller in taking any measure that the Seller desires to take in order to protect its proprietary or any other right. In particular, the Buyer herewith explicitly authorizes the Seller unilaterally to apply for the retention of title or any other right to be recorded in the applicable jurisdictions at the point(s) in time it chooses. Further, the Seller has the right to cancel the Purchase Agreement, request the return of the unpaid Containers and seek damages if it does not receive complete payment for all of the delivered Containers within the due date of the appropriate invoices.
Warranty Disclaimer
Buyer shall maintain the Unit in good condition. Buyer is responsible to inspect the Unit’s interior and exterior to assure it is in good working condition. Buyer shall keep each Unit free from all liens and grant Cargo Container Broker a contractual lien and security interest (as of the date any Charges are unpaid and due) on all Contents and proceeds thereof to secure payment of Charges. Cargo Container Broker MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, PERFORMANCE, QUALITY, DESIGN, CONDITION, SAFETY OR SECURITY OF UNITS OR Cargo Container Broker FACILITIES OR COMPLIANCE WITH LAW AND BUYER AGREES BUYER HAS SOLELY DETERMINED THAT THE UNITS ARE SUITABLE FOR BUYER’S INTENDED USE. Buyer purchases the Containers “as is.” Cargo Container Broker shall not be liable for any damages, loss of profits, loss of or damage to property stored in or around the Units, loss of income, personal injury, death or other damages, direct or indirect, consequential or otherwise of Buyer or Buyer’s agents or invitees for any reason. Buyer shall indemnify, hold harmless, defend and reimburse Cargo Container Broker and its directors, officers, employees, and agents (“Cargo Container Broker Related Parties”) from and against all losses, damages, death, claims, injuries, costs and attorney’s fees arising directly or indirectly from (i) the use, delivery, removal or condition of Units, (ii) the loss of, damage to or destruction of Units and/or Contents (iii) any fine, liens, tax, penalty, towing, impound or other charges arising from Buyer’s use of the Units or (iv) Buyer’s breach of this Purchase. Units shall not be attached or affixed to real property. Customer acknowledges that it will not store above the maximum value and weight of Contents of Units set forth on Cargo Container Broker’s purchase documents and such value shall be conclusive as to the maximum value of all Contents. Individual items shall be limited to $.60 per pound up to the Content maximum value. This maximum value is significant consideration in the establishment of purchase price.
Force Majeure
The obligations of Buyer under this Purchase Agreement are unconditional and performance shall not be excused notwithstanding that purchase of equipment is delayed, deferred or prevented by any event beyond the control of Buyer including but not limited to Acts of God, riots, war or warlike conditions, fire, floods, insurrection, earthquakes, blockades, strikes or labor disputes. The Seller shall not be responsible for any failure or delay to perform its obligations (either wholly or in part) under the present Purchase Agreement to the extent that such failure is caused by the occurrence of any act or event beyond its control whatsoever, including but not limited to Acts of God, riots, war or warlike conditions, fire, floods, insurrection, earthquakes, blockades, strikes or labor disputes. In such event, this Purchase Agreement shall be suspended such time as performance can be resumed.
Termination / Cancellation
This Purchase Agreement can solely be modified, cancelled or terminated by either the Buyer or the Seller consent in writing. Any termination is on terms and conditions which include protection of Buyer and Seller's against all losses arising out of such termination. This is in lieu of all statutory provisions.
Default
Should the Buyer fail to observe any condition of this Purchase Agreement or cease doing business as a going concern, become insolvent, being involved as a debtor in an insolvency or protection procedure however named, (whether for the purpose of continuation, reconstruction, however named or liquidation), commit an act on bankruptcy or become the subject of any proceeding under the Bankruptcy Act, such act shall constitute an act of default, in which event, the Seller may, without notice and without releasing the Buyer of its obligations hereunder, terminate this Purchase Agreement, declare the balance of the Purchase Price to be due and payable, and retake possession of any unpaid Containers free of any claims of the Buyer. In the event the Seller retakes possession of all or any parts of the unpaid Containers, the Buyer authorizes the Seller to take possession of any property in, or attached to said Container which is not the property of the Buyer, and without liability for its care or safekeeping, to place such property in storage at the risk and expense of the Buyer. Upon termination of the Purchase Agreement following a Default, the Buyer shall immediately provide to the Seller a detailed listing of the Seller's unpaid containers by location (if any) and shall return the Containers at its own expense to the Seller as the Seller shall direct. Further, in the event of a default, the Buyer has the duty: to immediately convey to Seller the position of each equipment, to update at all times this information, to provide to Seller direct access to the server or any other electronic or physical bearer of the position data of the containers, to expressly authorize third parties holder of the information to give access to Seller to this information and to authorize these third parties to provide all information with respect to the equipment, to
assist Seller in any manner as it reasonably deem fit in identifying and repossessing the containers.
Identification of Containers
Containers are identified by appropriate Seller's lettering and numbering, which Buyer has to remove, change or obliterate at its cost prior to the container pick up.
Assignment
The Buyer shall not assign any of its rights, obligations or interests under this Purchase Agreement without the written consent of the Seller.
Governing Law
The terms and conditions of this Purchase Agreement and all rights and obligations of this Purchase Agreement shall be interpreted and construed with the law of the United States. With respect to any suit, action or proceeding related to this Purchase Agreement, each party hereto hereby irrevocably submits to the jurisdiction of the United States.TERMS AND CONDITIONS
Above units (“Equipment’) will be transferred to you (“Buyer”) on date of payment and Cargo Container Broker (“Seller”) shall no longer be responsible for these containers after this date. Upon full payment of this invoice, Seller warrants that Purchaser shall have good title to the Equipment with respect to any and all parties claiming by, through or under Seller. No title or other interest in or to the Equipment shall transfer unless and until full payment is therefore received by Seller.
All neutralization and custom charges are for Buyer’s account. Identification marks have to be removed prior pick up. Cargo Container Broker and/or associated and/or affiliated and/or subsidiary companies notwithstanding anything contained herein to the contrary makes no warranties, neither express nor implied, with respect to the equipment purchased.
This includes, but is not limited to it fitness for use, condition or merchantability. From the time that the equipment is transferred, the buyer shall be unconditionally responsible for any and all liabilities of whatsoever nature arising from the equipment. The Buyer shall indemnify, defend and hold Cargo Container Broker harmless against all loss, liability, damage, cost and expense, including attorney's fees, arising from accidents or occurrences causing injury to or illness death of persons or loss of damage to property (including, without limitation, cargo) from any cause whatsoever including but not limited to the negligence in whole or in part of the Buyer, involving or incidental to the equipment. This indemnification applies for any liabilities without limitation".
The supply of our services and goods we provide is governed by our General Terms and Conditions Buyer have received and agreed to at the occasion of the conclusion of the contract, performance of which is hereby invoiced. Should Buyer wish to receive a new copy of these General Terms and Conditions, Please contact Cargo Container Broker (by phone: 916-807-1255, via e-mail:info@cargocontainerbroker.com) and Buyer will receive such a copy at no charge.
GENERAL TERMS AND CONDITIONS OF PURCHASE AGREEMENT
Description of the Equipment and of the Purchase Agreement
Seller agrees to sell to Buyer and Buyer agrees to buy from Seller the containers ("the containers") on an "as is where is" basis at the terms defined in this Purchase Agreement. The Purchase Agreement is composed of the invoice ("the invoice”) sent to the Buyer at the time of sale of the containers and of the General Terms and Conditions (the "GTC"). The serial numbers of Containers are listed in the invoice.
Delivery Schedule and Place of Delivery
I. The Place of Delivery is the Depot location mentioned on the invoice where the Containers can be picked up by the Buyer.
II. Upon reception by the Buyer of the most recently published version of the GTC by the Seller, the Buyer agrees to buy the containers from the Seller, at the terms and conditions indicated in the GTC. The remaining information needed by the Buyer to purchase the containers is mentioned on the invoice.
III. Upon receipt of the invoice related to the sale of the containers, the Buyer is irrevocably committed to purchase the Containers at the Purchase Price mentioned. The Seller will provide the Buyer with a written authorization to pick up the Containers from the Seller's Depot.
Purchase Price
I. The Purchase Price is the price mentioned on the invoice for the sale of the containers.
II. The containers are sold without Value Added Tax ("VAT"). Any tax, tariff, duty or charge which may be now or hereafter imposed by governmental authorities or agencies upon the Containers sold, shall be added to the purchase price and charged to the Buyer.
Conditions of Payment
1. Terms of payment: Unless otherwise agreed in the invoice, all payments due by the Buyer to the Seller shall be made on the date the Buyer is billed by the Seller as mentioned on the invoice ("Invoice date"). All payments due by the Buyer shall be payable in United States Dollars. Payments past due more than thirty (30) days will be subject to a one-half percent (1.5%) per month service charge.
2. Unless otherwise agreed in the invoice, upon reception of the full payment of the Purchase Price by the Buyer, a written authorization to pick-up the containers from the Seller's depot is issued.
Storage Fees
The Seller grants the Buyer with a Pick-Up period of sixty (60) days running from the issuance of the written authorization to pick-up the containers. All Containers shall be picked up by the Buyer from the Seller's Depot before the end of the Pick-Up Period as indicated in the invoice. In case the containers have not been Picked-Up at the end of the Pick-Up period, the Seller will invoice to the Buyer the incurring storage fees of the Containers at the rate of Seventy Five States Dollars (75USD$) per day per 20' shipping container.
Transfer of Title and Passage of Risk
The Buyer shall assume title when the Containers are physically transferred from the Seller's Depot to the Buyer. Under no circumstances shall the Buyer have the right to use the Containers before the Containers are transferred from the Seller's Depot to the Buyer.
Retention of Security Interest in Title
Until the Seller receives full payment of the Purchase Price of the Containers, the latter remain the property of the Seller insofar as the laws of the country in which the Containers are situated allow this. If the applicable laws do no allow the retention of a security interest in the title, but allow the Seller to reserve other security rights, the Seller may exercise these rights.
The Buyer shall assist the Seller in taking any measure that the Seller desires to take in order to protect its proprietary or any other right. In particular, the Buyer herewith explicitly authorizes the Seller unilaterally to apply for the retention of title or any other right to be recorded in the applicable jurisdictions at the point(s) in time it chooses. Further, the Seller has the right to cancel the Purchase Agreement, request the return of the unpaid Containers and seek damages if it does not receive complete payment for all of the delivered Containers within the due date of the appropriate invoices.
Warranty Disclaimer
Buyer shall maintain the Unit in good condition. Buyer is responsible to inspect the Unit’s interior and exterior to assure it is in good working condition. Buyer shall keep each Unit free from all liens and grant Cargo Container Broker a contractual lien and security interest (as of the date any Charges are unpaid and due) on all Contents and proceeds thereof to secure payment of Charges. Cargo Container Broker MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, PERFORMANCE, QUALITY, DESIGN, CONDITION, SAFETY OR SECURITY OF UNITS OR Cargo Container Broker FACILITIES OR COMPLIANCE WITH LAW AND BUYER AGREES BUYER HAS SOLELY DETERMINED THAT THE UNITS ARE SUITABLE FOR BUYER’S INTENDED USE. Buyer purchases the Containers “as is.” Cargo Container Broker shall not be liable for any damages, loss of profits, loss of or damage to property stored in or around the Units, loss of income, personal injury, death or other damages, direct or indirect, consequential or otherwise of Buyer or Buyer’s agents or invitees for any reason. Buyer shall indemnify, hold harmless, defend and reimburse Cargo Container Broker and its directors, officers, employees, and agents (“Cargo Container Broker Related Parties”) from and against all losses, damages, death, claims, injuries, costs and attorney’s fees arising directly or indirectly from (i) the use, delivery, removal or condition of Units, (ii) the loss of, damage to or destruction of Units and/or Contents (iii) any fine, liens, tax, penalty, towing, impound or other charges arising from Buyer’s use of the Units or (iv) Buyer’s breach of this Purchase. Units shall not be attached or affixed to real property. Customer acknowledges that it will not store above the maximum value and weight of Contents of Units set forth on Cargo Container Broker’s purchase documents and such value shall be conclusive as to the maximum value of all Contents. Individual items shall be limited to $.60 per pound up to the Content maximum value. This maximum value is significant consideration in the establishment of purchase price.
Force Majeure
The obligations of Buyer under this Purchase Agreement are unconditional and performance shall not be excused notwithstanding that purchase of equipment is delayed, deferred or prevented by any event beyond the control of Buyer including but not limited to Acts of God, riots, war or warlike conditions, fire, floods, insurrection, earthquakes, blockades, strikes or labor disputes. The Seller shall not be responsible for any failure or delay to perform its obligations (either wholly or in part) under the present Purchase Agreement to the extent that such failure is caused by the occurrence of any act or event beyond its control whatsoever, including but not limited to Acts of God, riots, war or warlike conditions, fire, floods, insurrection, earthquakes, blockades, strikes or labor disputes. In such event, this Purchase Agreement shall be suspended such time as performance can be resumed.
Termination / Cancellation
This Purchase Agreement can solely be modified, cancelled or terminated by either the Buyer or the Seller consent in writing. Any termination is on terms and conditions which include protection of Buyer and Seller's against all losses arising out of such termination. This is in lieu of all statutory provisions.
Default
Should the Buyer fail to observe any condition of this Purchase Agreement or cease doing business as a going concern, become insolvent, being involved as a debtor in an insolvency or protection procedure however named, (whether for the purpose of continuation, reconstruction, however named or liquidation), commit an act on bankruptcy or become the subject of any proceeding under the Bankruptcy Act, such act shall constitute an act of default, in which event, the Seller may, without notice and without releasing the Buyer of its obligations hereunder, terminate this Purchase Agreement, declare the balance of the Purchase Price to be due and payable, and retake possession of any unpaid Containers free of any claims of the Buyer. In the event the Seller retakes possession of all or any parts of the unpaid Containers, the Buyer authorizes the Seller to take possession of any property in, or attached to said Container which is not the property of the Buyer, and without liability for its care or safekeeping, to place such property in storage at the risk and expense of the Buyer. Upon termination of the Purchase Agreement following a Default, the Buyer shall immediately provide to the Seller a detailed listing of the Seller's unpaid containers by location (if any) and shall return the Containers at its own expense to the Seller as the Seller shall direct. Further, in the event of a default, the Buyer has the duty: to immediately convey to Seller the position of each equipment, to update at all times this information, to provide to Seller direct access to the server or any other electronic or physical bearer of the position data of the containers, to expressly authorize third parties holder of the information to give access to Seller to this information and to authorize these third parties to provide all information with respect to the equipment, to
assist Seller in any manner as it reasonably deem fit in identifying and repossessing the containers.
Identification of Containers
Containers are identified by appropriate Seller's lettering and numbering, which Buyer has to remove, change or obliterate at its cost prior to the container pick up.
Assignment
The Buyer shall not assign any of its rights, obligations or interests under this Purchase Agreement without the written consent of the Seller.
Governing Law
The terms and conditions of this Purchase Agreement and all rights and obligations of this Purchase Agreement shall be interpreted and construed with the law of the United States. With respect to any suit, action or proceeding related to this Purchase Agreement, each party hereto hereby irrevocably submits to the jurisdiction of the United States.
