1.1 In these Terms and Conditions, the following definitions apply:
1.2 Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing. 2.2 The Order constitutes an offer by the Buyer to purchase the Goods in accordance with these Conditions. The Buyer is responsible for ensuring that the terms of the Order and any applicable specification are complete and accurate. 2.3 Any quotation given by the Seller shall not constitute an offer. A quotation is valid for a period of 7 days from its date of issue unless withdrawn earlier by the Seller.
3.1 New / "One Trip" Containers: The Buyer acknowledges that "New" containers are manufactured abroad (typically China) and have made one trip to the UK containing cargo. As such, they may have minor handling marks, scuffs, or scrapes consistent with a single commercial journey. 3.2 Used / Second-Hand Containers: Used containers are sold on a "Wind and Watertight" basis unless otherwise stated. The Buyer acknowledges that used containers will have dents, surface rust, patches, and variations in colour. These are cosmetic defects and do not constitute a breach of warranty. 3.3 Images: Any photographs provided are for illustrative purposes only. Unless a specific container number is agreed upon in writing, the Seller supplies a container of the grade and type described, not necessarily the exact unit pictured.
4.1 The price of the Goods shall be the price set out in the Seller’s quotation. 4.2 Unless otherwise stated, prices are exclusive of VAT (Value Added Tax), which the Buyer shall be liable to pay to the Seller at the prevailing rate. 4.3 Payment must be made in full and in cleared funds to the Seller’s nominated bank account before the Goods are dispatched. 4.4 The Seller reserves the right to increase the price of the Goods before delivery to reflect any increase in the cost of the Goods due to foreign exchange fluctuations, increases in taxes/duties, or increases in haulage costs beyond the Seller's control.
5.1 Delivery Date: Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Seller shall not be liable for any delay in delivery of the Goods. 5.2 Buyer’s Responsibility for Access: The Buyer is solely responsible for ensuring that the Site is accessible for the delivery vehicle (typically a Hiab crane lorry or articulated lorry).
5.3 Abortive Delivery Charges: If the delivery vehicle arrives at the Site but is unable to deliver the Goods due to poor access, soft ground, obstructions, or the Buyer’s absence, the Seller reserves the right to charge an Abortive Delivery Fee. This fee will cover the full cost of transport to the Site and the return journey to the depot. 5.4 Waiting Time: The Buyer is allocated 60 minutes for offloading from the time the vehicle arrives. Any time spent on Site exceeding this period due to delays caused by the Buyer will be charged at a rate of £60 + VAT per hour (or part thereof). 5.5 Risk: Delivery of the Goods shall be completed on the arrival of the Goods at the Site. Risk in the Goods passes to the Buyer upon arrival, before offloading commences (unless the Seller is managing the offloading via Hiab, in which case risk passes once the container is placed on the ground).
6.1 Business Customers (B2B): Orders cancelled by Business Buyers after payment but before dispatch may be subject to a Restocking Fee of 20% of the invoice value. Once Goods have been dispatched, they cannot be returned unless proven to be defective. 6.2 Consumers (B2C): Under the Consumer Contracts Regulations 2013, Consumers have the right to cancel the Contract within 14 days of receiving the Goods.
7.1 The Seller warrants that on delivery, the Goods shall:
8.1 Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event (e.g., wars, strikes, extreme weather, pandemics, or government restrictions).
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