- Sale Condition and Location; Late Delivery; Right to Cancel.
Maxwell Container Sales/Low Key Investments sells the Container(s) in their current condition and at their current location (i.e., “As Is, Where Is”). Risk of loss of a Container(s) shall pass to Buyer upon the earlier of Buyer’s payment or Buyer’s receiving of the Container(s). Maxwell Container Sales/Low Key Investments shall have no liability for late delivery or non-delivery of any Container(s). If any cause, in whole or in part, prevents or hinders Maxwell Container Sales/Low Key Investments’s performance of the sale of any Container(s) to Buyer, Maxwell Container Sales/Low Key Investments may cancel, without any liability on its part to Buyer, all or any portion or portions of the sale. - Delivery, Acceptance, and Placement.
Once container(s) are off the delivery truck and on the ground, as directed by Buyer or any of Buyer’s agents, both delivery and sale are considered complete and Buyer accepts sale of container(s) at that point and payment due in full. Any relocation, cancellation, removal or adjustment of placement of container(s) shall be done so at Buyer’s expense. - Payment.
Unless otherwise indicated and agreed to by both parties payment is due upon delivery of the container to Customer. Any payment not paid in full at time of delivery is subject to an 1.5% finance charge on total invoice price every month starting from the date the customer received the container. - Disclaimer of Warranties.
Buyer acknowledges that Maxwell Container Sales/Low Key Investments has represented Container(s) in a proper manner and has done their best to ensure that the Container(s) are in good wind and watertight condition, unless otherwise noted, but also acknowledges that the Container(s) are being bought in “as-is, where is” condition with no warranty express or implied. - Consequential Damages.
Under no circumstances shall Maxwell Container Sales/Low Key Investments be liable for any loss or for special, indirect, punitive, incidental, consequential or exemplary damages, even if Maxwell Container Sales/Low Key Investments receives notices of the possibility of those damages. - Indemnity.
Buyer will defend at its own expense and indemnify and hold harmless Maxwell Container Sales/Low Key Investments, its agents, and employees from and against any and all claims, losses, damages, liabilities, payments, demands, actions, proceedings, costs, penalties, fines, expenses and fees (including attorneys fees) arising out of, or in connection with, (i) the sale of the Container(s) to Buyer, (ii) any subsequent use, possession, repair, operation or disposition of the Containers; or (iii) any damage that may result from Buyer operating containers after purchase arising from improper maintenance, lack of inspection prior to use, or any other cause. - Waiver and Remedies.
Maxwell Container Sales/Low Key Investments’s failure to insist on Buyer’s performance of any obligation, or Maxwell Container Sales/Low Key Investments’s waiver of any breach, shall not act as a waiver of any right or any subsequent breach. Maxwell Container Sales/Low Key Investments’s remedies shall be cumulative and in addition to any other or further remedies provided by law. - Jurisdiction and Law.
The laws in effect in North Carolina, excluding its conflict of laws rules, shall govern these Terms and Conditions of Sale. Any dispute or proceeding arising out of or relating to these shall be referred to arbitration in Fayetteville, NC before a single arbitrator appointed by the American Arbitration Association. In connection with any legal proceeding to compel arbitration or to enforce an arbitral award, Buyer consents to jurisdiction and venue of the courts located in Fayetteville, NC. Buyer agrees to pay Low Key Investments’s costs and attorneys’ fees in any action or arbitration brought to enforce any of the provisions of these Terms and Conditions of Sale or any right of Maxwell Container Sales/Low Key Investments hereunder. A party may serve process upon the other party in any action or arbitration by commercial courier or by any form of mail requiring a return receipt. - Entire Agreement.
These Terms and Conditions of Sale contain the entire agreement between Maxwell Container Sales/Low Key Investments and Buyer with respect to the Container(s) listed on any sales dispatch. The parties may modify this agreement only by a writing both have signed.
Rentals, sales and modifications of ISO shipping containers