Container Sales Terms & Conditions
Boxhub is an online platform making it as easy as possible to buy shipping containers. We do not own containers ourselves, but serve as a way for customers to buy containers from container wholesalers, which would otherwise not have been possible.
Our terms & conditions reflect the standard terms & conditions in the global container shipping industry. In case of any questions or doubts, please reach out to our customer service team at email@example.com.
Terms of Sale
- These container sales terms (the “Terms”) set out the terms on which Boxhub Inc., a Delaware corporation with its main offices at 228 Park Ave S, #300, New York, NY, 10003, agrees to sell and Buyer agrees to buy the containers (the “Equipment”) described in the invoice issued by Boxhub to the Buyer (the “Invoice”).
- The sales order acceptance is made and given on the express condition and understanding that the following Terms apply to the sale.
- Boxhub's acceptance of any Order is expressly made conditional upon Buyer's acceptance of all the terms and conditions contained herein and on the face of Boxhub's sales order acknowledgment.
- Boxhub objects to any additional or different terms and conditions, whether contained in Buyer's forms or otherwise.
- Boxhub will not be deemed to have waived these Terms if it fails to object to any provision contained in Buyer's forms or otherwise.
- Buyer's silence or its acceptance of Boxhub's Equipment constitutes its acceptance of these Terms.
- These Terms shall also apply to any repaired or replaced Equipment provided by Boxhub or its affiliates.
Transfer of Risk and Transfer of Ownership
- Unless otherwise agreed, all sales are made “ex-works” meaning the container yard or storage depot where the Equipment is sold from.
- Upon payment of the full purchase price, Boxhub shall send a release confirmation to the Buyer notifying the Buyer to take possession of the Equipment from the container yard or depot where it is located (hereinafter referred to as the “Release Confirmation”).
- The date on which either the payment of the full purchase price is made or Boxhub sends the Release Confirmation to the Buyer, whichever occurs first, shall hereinafter be referred to as the “Sale Date”. On the Sale Date all title and risk in and to the Equipment shall be transferred to the Buyer.
- Once submitted in writing, the order is considered binding.
- Upon Boxhub's written confirmation of the order, a final agreement of sale and delivery of Equipment has been entered into. The order is accepted subject to Equipment being available.
Pick-up, Storage and Handling
- Unless otherwise agreed, the Buyer must contact Boxhub to confirm accessibility of the Equipment and arrange a time to pick-up the Equipment from the container yard or depot. Any delays or costs resulting from Equipment not being accessible for pick-up shall be the sole responsibility of the Buyer.
- Boxhub grants the Buyer a pick-up period of fourteen (14) days from Sale Date to pick up the Equipment. In case the Equipment has not been picked up at the end of the pickup period, Boxhub will invoice to Buyer the incurring storage costs of the Equipment at the rate of Five US Dollars ($5.00 USD) per day.
- As an optional service, Boxhub facilitates delivery services to transport the Equipment to the Buyer's desired location.
- Unless otherwise agreed, delivery services are provided by independent 3rd parties, and Boxhub shall not be responsible for any damages or costs whatsoever occurred during transportation.
- Unless otherwise specifically agreed in writing, the Equipment is sold exclusive of any sales tax, value added tax (VAT), transfer, excise, customs duties or any other similar taxes or duties applicable to the sale and delivery of the Equipment.
- These amounts shall be borne by the Buyer who is solely responsible for the payment of those amounts entirely in addition to any prices paid to Boxhub.
- The equipment will bear markings from the previous owners. Upon Transfer of Ownership and unless otherwise agreed, the Buyer is responsible for removing all markings and lettering pertaining to Boxhub or previous ownership of the Equipment (including markings on the C.S.C. plate and the Owner's plate as well as logos, decals etc.).
- Boxhub shall not be liable, under any circumstance whatsoever, for special, consequential, indirect or punitive damages, including lost profits and loss of business opportunity.
- The Buyer undertakes to indemnify, defend and hold Boxhub, its agents and employees harmless for special, consequential, indirect or punitive damages, including lost profits and loss of business opportunity arising on or after the sale date.
Exemptions From Liability (Including Force Majeure)
- Boxhub shall not be liable if the following non-exhaustive circumstances of force majeure occur at Boxhub or its suppliers: scarcity of Equipment, defects or delay in delivery from suppliers, lack of means of transportation, exchange control regulations, import and export restrictions, computer viruses or any other circumstances that are beyond the party's direct control.
- In such a case, the Party shall be entitled to postpone fulfillment of the obligation until the obstacle has ceased or, alternatively, to cancel the agreement, fully or partly without incurring any liability for this, if the obstacle causes fulfillment to be postponed for more than six (6) months.
Limitation of Liability
- Notwithstanding anything to the contrary, in no event shall Boxhub or any of its parent companies, subsidiaries or affiliates or any of their representatives (the “Boxhub Group”) be liable under any order, or in any way relating to, arising out of or resulting from any equipment, to the buyer or any third party for any consequential, incidental, indirect, exemplary, special or punitive damages, including any damages for business interruption, loss of use, revenue or profit, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not the buyer was advised of the possibility of such damages.
- Notwithstanding anything to the contrary, in no event shall the Boxhub Group's aggregate liability arising out of or related to an order or in any way relating to, arising out of or resulting from any equipment, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total amount paid to Boxhub for the relevant good(s), or if no payment was made because the good(s) was/were provided free of charge, then USD 1,000.00. The foregoing limitations shall apply even if the buyer's remedies fail for their essential purpose.
30-Day Money Back Guarantee
- If the Buyer is not satisfied with the purchase for any reason, Boxhub agrees to offer the Buyer a 30-day money back guarantee.
- A money-back guarantee request must be filed within 30 days of receipt of the Equipment by the Buyer.
- Upon receipt of the money-back guarantee request, Boxhub agrees to initiate a refund of the entire purchase price less any delivery costs incurred and a cancellation fee of $100 per container.
- Provided the Buyer has paid in full for the Equipment, Boxhub warrants to Buyer that at the time of receipt of the Equipment by Buyer, all Equipment sold as “New One-Trip”, “Cargo-worthy”, or “Wind and Watertight” will be free from holes or leaks, shall have doors that can be opened and closed without mechanical intervention, and shall have floors that are intact.
- Any damage to “Cargo-worthy” or “Wind and Watertight” Equipment which is not either a hole or leak, or which does not render the doors incapable of opening, shall not be covered by this warranty.
- If the container is not set on level ground, then Boxhub reserves the right to refuse warranty claims relating to defective doors on the Equipment.
- In addition to the above, Boxhub agrees to extend the warranty mentioned above to one (1) year for Wind and Watertight containers, two (2) years for Cargo-Worthy containers and five (5) years for New “One-Trip” containers.
- The buyer may raise a complaint at any time during the guarantee period and must include photographic documentation of the defect to the Equipment.
- Excluded from the warranty are all defects due to or caused by transport, incorrect use, inadequate maintenance, accidents, the Buyer's alterations or repairs, and defects caused by normal wear and tear.
- With respect to Equipment that is defective, Boxhub may choose, at its discretion, to repair such Equipment (or reimburse Buyer for the cost of such repairs as Buyer performs to the Equipment) or replace such Equipment at Boxhub's expense, provided Buyer has duly notified Boxhub about the defect within reasonable time after the Buyer discovered or should have discovered it, but in no event later than one (1) year for Wind and Watertight containers, two (2) years for Cargo-Worthy containers and five (5) years for New “One-Trip” containers from the time Buyer received the Equipment. The above remedies constitute the Buyer's only remedies in respect of any defective Equipment under the warranty.
- Except for the warranties specifically set forth above, Boxhub makes no warranty whatsoever with respect to Equipment, including any (A) warranty of merchantability or (B) warranty of fitness for a particular purpose, whether expressed or implied by law, course of dealing, course of performance, usage of trade or otherwise.
- The Buyer shall not assign this Agreement or any individual Offer to Sell or Acceptance to any third party without the express, prior written consent of Boxhub, which may be withheld at Boxhub's sole discretion.
- In the event that any provision of this Agreement is declared to be invalid and/or unenforceable, all other provisions hereof will remain in full force and effect. No modification of this Agreement, or any part hereof, shall be valid and binding upon Boxhub unless previously agreed to in writing by Boxhub in each instance.
- Neither Boxhub nor Buyer shall be liable to the other for any delay or failure in performing its obligations under these Terms or any Order to the extent that such delay or failure is caused by an event or circumstance that is beyond the reasonable control of that party, without such party's fault or negligence, and which by its nature could not have been foreseen by such party or, if it could have been foreseen, was unavoidable.
Law and Jurisdiction
- These Terms, together with any applicable Invoice, Release Confirmation or any other documentation issued by Boxhub to the Buyer shall constitute the full and complete understanding of the Parties hereto.
- In case of a conflict between any terms and conditions included in an invoice, release confirmation or other documentation issued by Boxhub, and the terms and conditions of this Agreement, the terms and conditions of this Agreement shall prevail.
Law and Jurisdiction
- These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of New York.
- Any dispute, controversy or claim arising out of or in relation to these Terms (whether contractually or in tort), shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located in the City of New York and County of New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
- These Terms are subject to occasional revision and change.
- Buyer is obligated to request and read the most current version of these Terms carefully every time before placing an Order.
- The most recent version of these Terms will be sent to Buyer with the Order Confirmation, and Buyer must read these Terms promptly upon receipt.
- Buyer's continued purchase of Equipment from Boxhub shall constitute Buyer's acknowledgement of, and agreement to be bound by, the then-current version of these Terms.