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 protected] and we are pleased to assist.
- Terms of sale
These container sales terms (the “Terms”) set out the terms on which Seller agrees to sell and Buyer agrees to buy the containers (hereafter “Equipment”) described in the invoice issued by the Seller to the Buyer (the “Invoice”).
- 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, the Seller 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 the Seller 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.
- 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.
The Seller 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, the Seller 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 agreed, 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.
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 the Seller 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.).
- Customs Clearance (“Domestication”)
Unless otherwise agreed, Buyer is responsible for any custom clearances and “domestication” i.e. transferring Equipment from shipping services to domestic use.
In this connection it is the Buyer’s sole responsibility to arrange for all necessary customs clearance of the Container(s) and account for import duties & VAT. It is recommended to seek local tax advice to verify any applicable taxes and specific local processes for customs clearance.
- No Warranties
The Buyer acknowledges that the Container(s) sold under this agreement are used and are purchased by the Buyer on an “as is, where is” basis without covenant, representation or warranty of any kind, express or implied, including without limitation, warranties of physical condition (including damage, wear and tear, and rust), usefulness, quality, cleanliness, merchantability, or fitness for particular purpose of the Equipment, and the Seller shall have no liability in respect thereof.
The Seller 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 the Seller, 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.
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 the Seller, which may be withheld at the Seller’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 the Seller unless previously agreed to in writing by the Seller in each instance.
- Entire Agreement
This Agreement, together with any applicable Invoice, Release Confirmation or any other documentation issued by the Seller 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 the Seller, and the terms and conditions of this Agreement, the terms and conditions of this Agreement shall prevail.
- Law and jurisdiction
This contract shall be construed in all respect in accordance with laws of the State of Delaware and for this purpose the parties hereby submit themselves exclusively to the Jurisdiction of the State of Delaware.