Terms and Conditions
TERMS & CONDITIONS FOR THE SALE AND DELIVERY OF SHIPPING CONTAINERS:
PURCHASER IS AWARE THAT ALL CONTAINERS ARE USED CONTAINERS AND ALL USED CONTAINERS WILL HAVE SURFACE RUST, DENTS, SCRATCHES, DUE TO NORMAL WEAR AND TEAR DUE TO USE IN THE INTERNATIONAL SHIPPING ENVIRONMENT.
MCLAREN CONTAINER SALES DISCLAIMS AND PURCHASER WAIVES AND RELEASES MCLAREN CONTAINER SALES FROM ANY AND ALL REPRESENTATIONS AND WARRANTIES EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER.
(a) THE DESIGN, CONDITION, AVAILABILITY, OPERATION, OR FITNESS FOR USE OF THE EQUIPMENT
(b)THE FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE OF PURCHASER; AND
(c) THE CONFORMITY OF THE EQUIPMENT TO THE SPECIFICATIONS REQUIRED BY ANY COUNTRY OR POLITICAL SUBDIVISION WITHIN WHICH THE EQUIPMENT MAY BE USED. PURCHASER ACKNOWLEDGES AND AGREES THAT MCLAREN CONTAINER SALES SHALL HAVE NO LIABILITY TO PURCHASER FOR ANY CLAIM, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY THE EQUIPMENT, OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN, OR BY ANY INCIDENT WHATSOEVER IN CONNECTION THEREWITH WHETHER ARISING IN STRICT LIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL MCLAREN CONTAINER SALES BE LIABLE HEREUNDER FOR ANY LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF MCLAREN CONTAINER SALES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MCLAREN CONTAINER SALES outsources delivery to local providers at or near cost to help simplify the purchase process for customers without trucks. Customer waives MCLAREN CONTAINER SALES of any/all liability associated with product delivery.
During the delivery process, the customer is able to request a specific location to drop the container. If a delivery truck gets stuck during the delivery of customer’s container/order, the customer is fully responsible for getting the delivery truck out or towed.
MCLAREN CONTAINER SALES shall have no liability whatsoever for loss or damage due to late or delayed delivery. If Equipment is lost, stolen or damaged in transit the customer shall file claim with delivering carrier per US Department of Transportation guidelines. Furthermore, if MCLAREN CONTAINER SALES performance of any sales invoice is, in whole or in part, prevented or hindered by any cause whatsoever, MCLAREN CONTAINER SALES shall have the right to cancel, without any liability on its part, all or portions of the sales invoice so affected and issue a refund where applicable and if an order is canceled the customer is subject to a $200.00 cancellation fee plus $150.00 restocking fee per container plus any fees or cost if applicable.
The remedies reserved to MCLAREN CONTAINER SALES herein shall be cumulative and in addition to any other or further remedies provided by law. MCLAREN CONTAINER SALES’S failure to insist on performance of any of the terms and conditions of this Agreement, or MCLAREN CONTAINER SALES’S waiver of any breach, shall not act as a waiver of any other term or condition or any subsequent breach.
Purchaser may not assign this Agreement nor any of its rights or obligations herein without MCLAREN CONTAINER SALES prior written consent, which consent may be withheld for any reason.
5) LIMITATION OF MCLAREN CONTAINER SALES LIABILITY.
CUSTOMER AGREES THAT MCLAREN CONTAINER SALES’ LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM MCLAREN CONTAINER SALES’, MCLAREN CONTAINER SALES ENTITIES, OR ANY THIRD PARTY’S COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT.
6) JURY TRIAL WAIVER.
IN ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS CONTRACT, CUSTOMER AND MCLAREN CONTAINER SALES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT.
7) ARBITRATION AGREEMENT & CLASS ACTION WAIVER.
AT THE ELECTION OF CUSTOMER OR MCLAREN CONTAINER SALES, ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY PERTAINING TO THIS CONTRACT SHALL BE SETTLED BY ARBITRATION BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN A PURPORTED CLASS OR REPRESENTATIVE CAPACITY, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES OR BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AND JUDGEMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR TRIED ON A CLASS ACTION BASIS.
8) ENTIRE AGREEMENT.
It is understood and agreed that this Agreement and the applicable invoice embodies the complete understanding of Purchaser and MCLAREN CONTAINER SALES relative to this sale and that the terms and conditions of this Agreement may not be revised or modified in any way except by a written instrument specifically purporting to do so signed by the Purchaser and MCLAREN CONTAINER SALES.
9) RELEASE AND INDEMNIFICATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS MCLAREN CONTAINER SALES ENTITIES HARMLESS AND AT MCLAREN CONTAINER SALES’ REQUEST, DEFENDS MCLAREN CONTAINER SALES ENTITIES (WITH COUNSEL APPROVED BY MCLAREN CONTAINER SALES), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY’S AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY OR DEATH OF, ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE (a) USE, POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. CUSTOMER ALSO AGREES TO WAIVE ITS WORKERS’ COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. CUSTOMER’S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT.
10) CUSTOMER PICKUP AND STORAGE PAYMENT.
Equipment must be picked up within 15 days of the release confirmation. Otherwise, MCLAREN CONTAINER SALES may cancel the sale or charge Purchaser storage fees of $20.00 per day beyond 15 days. Ownership of equipment will be transferred to Purchaser on the date of pickup. Payment terms are listed on the applicable invoice. If for any reason payment is not made when due, Purchaser will pay to MCLAREN CONTAINER SALES all reasonable attorneys’ fees and other costs and expenses MCLAREN CONTAINER SALES incurs in enforcing its rights to collect amounts owed by Purchaser to MCLAREN CONTAINER SALES under this Agreement. Overdue payments will be subject to a service charge equal to the lesser of 2% per month or the highest legal rate.
Purchaser agrees to assume exclusive liability for and to pay, indemnify and hold MCLAREN CONTAINER SALES 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 MCLAREN CONTAINER SALES in connection with this sale of equipment, including any penalties, fines or interest thereon and to prepare all necessary filings (including VAT filings that may be required under the reverse-charge provisions).