JLG BARDALES Inc. Online Shop General Terms & Conditions of Business (www.shippingcontainersdepot.com) dated 03/01/2024

Owned by JLG BARDALES Inc.

Article 1 – When do these general Terms & Conditions apply?

1.1. These general Terms & Conditions (these “Conditions”) apply to all offers, agreements, purchase orders, and acts performed by JLG BARDALES Inc., the owner of shippingcontainersdepot.com, or any legal entity in the JLG BARDALES group of companies (“JLG BARDALES”), relating to the purchase of container(s) by a buyer (the “Buyer”). These Conditions apply to the legal relationship between JLG BARDALES and the Buyer, including after the agreement has ended.

1.2. The “Buyer” is any legal person entering into a contract with JLG BARDALES. The term “container(s)” covers all types of containers available from JLG BARDALES.

1.3. Unless, and only to the extent expressly agreed to in writing by JLG BARDALES and the Buyer, no additional, conflicting or differing terms and conditions, whether contained in the Buyer’s purchase order or otherwise, shall be binding on JLG BARDALES. JLG BARDALES hereby expressly rejects all terms and conditions not contained herein, whether sent to or received by JLG BARDALES prior to or after the date of any applicable contract for sale between JLG BARDALES and the Buyer.

Article 2 – Types of containers

2.1. JLG BARDALES sells used containers. Since the container(s) is/are used, the Buyer is not the first owner and user of the object of sale. Used containers may have been used multiple times for freight transport by sea over a longer period of time and may show signs of rust and other signs of use or damage, as well as signs of repair and maintenance. The Buyer accepts the container(s) “as is” and “with all faults”. JLG BARDALES will use its best efforts to ensure that, if necessary, used containers are repaired in accordance with applicable standards and that the containers are suitable for freight, subject to JLG BARDALES’s Quality Guarantee and 30-day Money-Back Guarantee, set forth in Articles 6 and 7 respectively.

2.2. The models shown or listed are for illustration purposes only, and deviations, including deviations in color, dimensions, and weight, are possible. Any such deviations shall not be grounds for a claim of breach of contract on the basis of non-conformity of the container(s). JLG BARDALES only provides the guarantees specified in Articles 6 and 7 of these Conditions.

Part 2:

Article 3 – Order Process

3.1. The order process works as follows:

  • The Buyer selects a container or containers from JLG BARDALES Inc.
  • The Buyer decides on a delivery method: pick-up or delivery.
  • The price corresponding to the Buyer’s selection is displayed.
  • The Buyer agrees to these Conditions.
  • The Buyer selects one of the available payment methods and makes the payment.
  • After the payment has been made, the Buyer receives an order confirmation by e-mail and an invoice with detailed sales tax information within 24 hours.

3.2. The Buyer is responsible for providing the correct information during the ordering process. The Buyer will be charged for costs incurred as a result of or related to incorrect information, including delivery to a different address than the one provided during the payment process. JLG BARDALES Inc. shall not be liable for any damages caused by incorrect information provided by the Buyer.

3.3. After the Buyer has completed the order in JLG BARDALES Inc.’s online shop by paying the purchase price of the container(s) and any additional costs, the delivery process will proceed automatically, and the order may not be cancelled.

Article 4 – Payment Conditions

4.1. The prices displayed on the website are in U.S. dollars and do not include sales tax (if applicable). The applicable sales tax amounts will be shown during checkout before payment is made.

4.2. If the Buyer selects the “delivery” option for the delivery method, the associated delivery costs, excluding sales tax (if applicable), will be provided. All delivery costs will be at the Buyer’s expense.

4.3. Delivery will only take place after JLG BARDALES Inc. has received payment. Payment must be made immediately on ordering. If for any reason, including cancellation of payment or charge back, payment is not received by JLG BARDALES Inc. prior to delivery, Article 11 applies.

Article 5 – Delivery and Risk of Loss

5.1. Delivery methods:

  • (a) Collection of the container(s) by the Buyer ‘ex works’ at the container depot, agreed post-payment.
  • (b) Delivery to the location specified by the Buyer by a third-party carrier selected by JLG BARDALES Inc.

5.2. Title and risk of loss pass to the Buyer:

  • (a) For pick-up ex-works: when loading the container(s) onto the Buyer’s transport at the depot.
  • (b) For delivery: when the transport company unloads the container(s) at the Buyer’s location.

5.3. JLG BARDALES Inc. will use reasonable best efforts to meet the delivery deadline. Failure to meet a delivery deadline will not be considered a breach or default by JLG BARDALES Inc., and the Buyer shall not be entitled to any damages or compensation resulting from such failure. Circumstances beyond JLG BARDALES Inc.’s control, including third-party carrier issues, are exempt from liability for late or non-delivery.

5.4. If delivery is prevented or hindered by any cause, JLG BARDALES Inc. may cancel any part of the order without liability. The Buyer waives all claims based on late delivery, non-delivery, or cancellation by JLG BARDALES Inc.

5.5. The Buyer must meet JLG BARDALES Inc.’s delivery requirements and ensure availability for receiving delivery. Non-compliance results in default, and JLG BARDALES Inc. may invoice the full amount, store, or take back the container(s) at the Buyer’s expense.

5.6. Failure to meet delivery requirements or accept delivery entitles JLG BARDALES Inc. to cease its obligations towards the Buyer after a reasonable cure period.

Article 6 – Quality Guarantee

6.1. JLG BARDALES Inc. guarantees that at the time of delivery the containers will be wind and watertight, without significant defects, structural deformities, holes, or damaged seals that compromise their integrity.

6.2. Should the Buyer invoke this guarantee, JLG BARDALES Inc. will, at its discretion, offer a repair refund or a complete replacement of the container(s).

6.3. Cosmetic imperfections like dings, dents, scratches, and rust, which are normal for used containers and do not impair their functionality, are excluded from this guarantee.

6.4. Upon delivery, the Buyer or their representative must inspect the container(s) and notify JLG BARDALES Inc. of any issues compromising their integrity within five business days, including photographic evidence. Failure to do so results in the containers being deemed accepted without defects.

6.5. For returns under this guarantee, JLG BARDALES Inc. will cover transport costs from the Buyer’s premises to the depot.

Article 7 – 30-day Money-Back Guarantee

7.1. JLG BARDALES Inc. offers a 30-day money-back guarantee, allowing the Buyer to return the container(s) for any reason within 30 days of delivery or pick-up.

7.2. For returns within this period, transport back to JLG BARDALES Inc.’s premises is at the Buyer’s expense.

7.3. Upon receiving and inspecting the returned container(s), JLG BARDALES Inc. will refund the purchase price, excluding transport costs, within 30 days.

7.4. The risk of loss or depreciation of returned container(s) lies with the Buyer until accepted by JLG BARDALES Inc. Depreciation or repair costs may be deducted from the refund.

Article 8 – Returns

8.1. Returns under the guarantees of Sections 6.1 and 7.1 require prior consultation and written consent from JLG BARDALES Inc. Unauthorized returns are at the Buyer’s risk and expense.

8.2. Returned container(s) must be in the same condition as delivered.

8.3. Returns are permissible only under the guarantees in Sections 6 and 7.

Article 9 – Liability of JLG BARDALES Inc.

9.1. Except for the stated guarantees, containers are provided “as is” without further warranties.

9.2. JLG BARDALES Inc. accepts no liability for permissible defects or technically unavoidable deviations, or for separate parts or installations of the container(s).

9.3. Liability is limited to direct damage to the container(s), with remedies including repair, replacement, or reimbursement. JLG BARDALES Inc. is not liable for indirect or consequential damages.

9.4. JLG BARDALES Inc. is not liable for damages caused by third parties, including third-party carriers.

9.7. The Buyer cannot offset claims against amounts owed to JLG BARDALES Inc.

9.8. Claims against JLG BARDALES Inc. under these Conditions must be brought within 12 months of order placement.

9.9. The Buyer shall indemnify JLG BARDALES Inc. against liabilities arising from container use, negligence, misconduct, or breach of these Conditions.

Article 10 – Force Majeure

10.1. In case of Force Majeure, JLG BARDALES Inc. is entitled to suspend its performance under the contract or to void it in whole or in part without liability.

10.2. “Force Majeure” includes any circumstance beyond JLG BARDALES Inc.’s reasonable control, such as strikes, staff shortages, pandemics, production disruptions, transport difficulties, governmental actions, and natural disasters, among others.

Article 11 – Reservation of Ownership

11.1. JLG BARDALES Inc. remains the owner of all containers sold until the Buyer has completed the final payment for the container(s) and any related deliveries as per Article 5.

11.2. Prior to full payment, the Buyer is not entitled to transfer or encumber rights to the container(s).

Article 12 – Taxes and Other Levies

12.1. The Buyer is responsible for declarations with governmental authorities and bears all taxes, duties, fees, and related costs associated with the purchase and transport of the container(s).

12.2. JLG BARDALES Inc. reserves the right to charge the Buyer for any Taxes incurred, not included in the container’s price.

Article 13 – Miscellaneous

No waiver by JLG BARDALES Inc. of any breach of these Conditions by the Buyer is considered a waiver of any other condition. If any provision becomes illegal or unenforceable, it will not affect the remaining provisions. These Conditions are governed by the laws of the State of Delaware.

Article 14 – Disclaimer AI Chatbot

14.1. General Information: The AI chatbot on shippingcontainersdepot.com, operated by JLG BARDALES Inc., is designed to provide information, answer questions, and facilitate user interactions. It does not possess human-like consciousness, understanding, or emotions.

14.2. Information Accuracy: While the chatbot aims to provide accurate information, its responses may not always be precise, complete, or up-to-date. Users are advised to independently verify information obtained from the chatbot.

14.3. No Legal or Binding Advice: Information provided by the chatbot is not legal, financial, medical, or professional advice. Users should consult qualified professionals for specific advice in these areas.

14.4. No Rights Granted: Engaging with the chatbot does not confer any legal rights, entitlements, or obligations. Decisions or actions based on information provided by the chatbot are made at the user’s own risk.

14.5. Privacy and Data Handling: Interactions with the chatbot may be stored and analyzed to improve performance and user experience, in accordance with JLG BARDALES Inc.’s privacy policy.

14.6. Changes and Discontinuation: JLG BARDALES Inc. reserves the right to modify or discontinue the chatbot service at any time without prior notice. Users have no entitlement to continuous access or availability of the chatbot.

14.7. Indemnification: Users agree to indemnify and hold harmless JLG BARDALES Inc. and its affiliates, officers, directors, employees, and agents from any claims, liabilities, or damages arising from their use of the chatbot.

14.8. Source of Data: The chatbot’s responses are derived from a publicly accessible knowledge base managed by JLG BARDALES Inc. The information it provides is based on available data and may not always be exhaustive or current.

By interacting with the chatbot on shippingcontainersdepot.com, users acknowledge their understanding and acceptance of these terms and conditions. If users do not agree with these terms, they are advised not to use the chatbot.

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