Terms & Conditions

1. Equipment and Delivery

Unless otherwise expressly stated in the applicable order, Equipment is sold AS IS and WHERE IS, subject to the Western Container Sales warranty described below.

Delivery dates and times are estimates and may be affected by depot availability, trucking availability, weather, site conditions, mechanical issues, traffic, governmental restrictions, and other circumstances.

Western Container Sales may use independent trucking companies and other third-party providers to perform delivery.

To the fullest extent permitted by law, Western Container Sales is not liable for losses resulting from delayed or unsuccessful delivery or circumstances beyond its reasonable control. If performance of an order becomes impracticable or unavailable, Western Container Sales may cancel all or the affected portion of the order and refund amounts paid for Equipment or services that cannot be provided.

Customer is responsible for providing a suitable, safe, and accessible delivery location and assumes responsibility for property damage resulting from unsuitable site conditions or access, except to the extent caused by conduct for which liability cannot legally be excluded.

2. Container Condition and Limited Warranty

Shipping containers are industrial transportation equipment. Unless specifically identified otherwise in the order, containers may show dents, surface rust, patches, repairs, markings, paint variation, scratches, and other cosmetic evidence of transportation and prior use.

Western Container Sales provides a one-year limited warranty from the date of purchase covering the basic wind-and-water-tight functionality of the container, including:

• Doors that properly open, close, and seal
• Floors free from holes that compromise normal storage use
• Roof integrity against water intrusion

During the warranty period, Western Container Sales may, at its option, repair or replace Equipment that fails to meet the applicable wind-and-water-tight standard.

The warranty does not guarantee cosmetic condition unless a specific cosmetic condition is expressly included in the order.

Except for the express warranty stated above and any warranty that cannot legally be excluded, Western Container Sales disclaims all express or implied warranties, including warranties of merchantability, fitness for a particular purpose, design, condition, availability, operation, and compliance with requirements applicable to Customer's intended use or location.

Customer is responsible for determining that the Equipment is appropriate and legally permissible for Customer's intended use.

3. Limitation of Liability

To the fullest extent permitted by law, Western Container Sales shall not be liable for indirect, incidental, special, exemplary, or consequential damages arising from the purchase, delivery, possession, condition, use, modification, or disposition of Equipment, including lost profits or lost business opportunities.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

4. Taxes and Governmental Charges

Customer is responsible for taxes, fees, duties, assessments, permits, registration charges, or other governmental charges legally imposed on Customer or the transaction, except for taxes imposed directly on Western Container Sales' income.

Any taxes collected by Western Container Sales will be collected and remitted as required by applicable law.

Customer remains responsible for taxes or governmental obligations that applicable law requires Customer to report or pay directly.

5. Customer's Intended Use and Permits

Customer is responsible for determining whether zoning approvals, building permits, placement restrictions, homeowners' association requirements, fire-code approvals, engineering requirements, or other governmental or private approvals apply to the Equipment or its intended location and use.

Western Container Sales does not represent that the purchase of a container automatically authorizes its placement or use at any particular property.

6. Assignment

Purchaser may not assign the purchase agreement or its material rights or obligations without the prior written consent of Western Container Sales.

7. Indemnification

To the extent permitted by law, Purchaser agrees to defend, indemnify, and hold harmless Western Container Sales and its officers, employees, agents, and contractors from third-party claims, losses, liabilities, costs, and expenses arising from Purchaser's possession, modification, operation, use, transportation, resale, or disposition of Equipment after transfer to Purchaser, except to the extent caused by conduct for which indemnification cannot legally be required.

8. Pickup, Release and Payment

Where Equipment is released for customer pickup rather than delivered, Equipment must generally be picked up within 15 days after release confirmation, unless otherwise agreed.

If Equipment is not picked up within that period, Western Container Sales may charge applicable storage costs or cancel the sale.

Payment terms are stated in the applicable order or invoice.

If payment is not made when due, Purchaser is responsible, to the extent permitted by law, for reasonable collection costs and attorneys' fees incurred by Western Container Sales in collecting amounts owed.

Past-due amounts may accrue a service charge equal to the lesser of 2% per month or the maximum rate permitted by applicable law.

9. Remedies, Severability and Waiver

A party's failure to enforce a provision of these Terms does not waive its right to enforce that provision later.

If a provision is determined to be invalid or unenforceable, it shall be enforced to the greatest extent legally permitted, and the remaining provisions will remain in effect.

10. Rental Term

Unless otherwise specified in the applicable rental agreement, the minimum rental term is three months.

After the initial term, the rental automatically continues on a month-to-month basis unless terminated in accordance with the rental agreement.

Either party may terminate a month-to-month rental with 30 days' written notice, subject to the terms of the applicable rental agreement.

When Lessee requests pickup, approximately 4–7 business days should generally be allowed for scheduling.

Rent is not prorated for partial rental months unless expressly agreed otherwise.

11. Delivery and Acceptance

By accepting delivery, Lessee acknowledges receipt of the Equipment and agrees to promptly report any material damage or defects discovered at delivery.

Lessee is responsible for providing a clear, suitable, safe, and reasonably accessible area for delivery and pickup.

Western Container Sales or its agents may refuse to enter or operate at a site that they reasonably determine cannot be safely accessed.

Additional trucking, handling, waiting-time, unsuccessful-delivery, or other costs caused by site conditions or inadequate access may be charged to Lessee.

12. Moving Rental Equipment

Lessee may not move or relocate rented Equipment after delivery without prior authorization from Western Container Sales.

Unless otherwise agreed in writing, Western Container Sales or its authorized agents shall arrange transportation or relocation of rented Equipment.

Unauthorized relocation may result in additional charges and may make Lessee responsible for loss of or damage to the Equipment.

Lessee shall promptly notify Western Container Sales of any change to Lessee's address or the location of the Equipment.

13. Return Condition

At pickup or return, Equipment must be:

• Empty of Lessee's property and contents
• Broom clean
• Accessible for pickup
• In substantially the same condition as received, ordinary wear and tear excepted

Lessee is responsible for damage beyond ordinary wear and tear.

If property or materials are left in the Equipment, Western Container Sales may remove, dispose of, or store them at Lessee's risk and expense to the extent permitted by law.

Cleaning, removal, disposal, storage, repair, and related costs may be charged to Lessee.

14. Rent, Automatic Payment and Other Charges

Lessee agrees to pay the rental charges, taxes, delivery charges, pickup charges, and other amounts stated in the applicable rental agreement.

Unless otherwise agreed, recurring rental payments may be automatically charged to the payment method provided by Lessee.

Lessee is responsible for maintaining a valid payment method.

A failed, insufficient, or partial payment does not satisfy the amount due unless Western Container Sales expressly agrees otherwise.

Past-due amounts may incur charges specified in the applicable rental agreement, subject to applicable law.

15. Use of Rental Equipment

Lessee shall use the Equipment in a lawful and reasonably careful manner.

Lessee may not, without prior written authorization:

• Repair or materially modify the Equipment
• Repaint the Equipment
• Remove ownership markings, identification, or Company signage
• Attach permanent structures or modifications
• Sublet or transfer possession of the Equipment

Lessee may not use the Equipment to store materials that are hazardous, corrosive, radioactive, contaminating, illegal, or reasonably likely to damage or contaminate the Equipment.

If prohibited materials contaminate or materially damage the Equipment, Lessee may be responsible for remediation costs or the full replacement value of the Equipment.

16. Property Stored in Rental Equipment

Western Container Sales does not insure Customer's property stored in rented Equipment.

To the fullest extent permitted by law, Western Container Sales is not responsible for loss of or damage to property stored in or around rented Equipment resulting from theft, weather, leaks, condensation, fire, insects, rodents, vandalism, or other causes.

Lessee is responsible for obtaining appropriate insurance for stored property.

17. Inspection and Maintenance

Lessee shall reasonably inspect rented Equipment during the rental period and promptly report leaks, structural damage, door problems, or other material conditions requiring attention.

Western Container Sales may arrange repairs for conditions it determines constitute normal wear and tear.

Lessee shall provide reasonable access to the Equipment for authorized inspection, maintenance, repair, relocation, or recovery.

Damage caused by misuse, unauthorized modification, negligence, accident, inadequate site conditions, or other causes beyond ordinary wear and tear may be charged to Lessee.

18. Loss or Total Damage

If rented Equipment is lost, stolen, destroyed, or damaged beyond economical repair, Lessee may be responsible for the Equipment's Replacement Value, subject to applicable law and the terms of the rental agreement.

Rental charges may continue until the Equipment is returned or the amount due for its loss or destruction is resolved and paid.

19. Site and Premises

Lessee represents that the delivery and pickup location is suitable for the Equipment and the vehicles required to transport it.

Lessee is responsible for providing adequate clearance, stable ground conditions, and lawful access.

Western Container Sales and its agents shall have reasonable access to the property for purposes relating to delivery, pickup, inspection, maintenance, repair, relocation, or lawful recovery of the Equipment.

Lessee is responsible for obtaining any necessary permission from the owner or controller of the property.

To the extent permitted by law, Lessee assumes responsibility for damage resulting from inadequate access, unsuitable ground conditions, hidden obstacles, underground utilities, or other site conditions outside the reasonable control of Western Container Sales or its delivery providers.

20. Permits and Legal Compliance

Lessee is responsible for compliance with laws, ordinances, zoning requirements, permits, licenses, fire regulations, building requirements, private property restrictions, and other requirements relating to the placement or use of the Equipment.

Western Container Sales does not undertake to determine whether a particular site or proposed use complies with those requirements.

21. Insurance

Lessee is responsible for maintaining insurance appropriate for its property, use of the Equipment, and potential liability.

Western Container Sales may require Lessee to maintain property insurance covering the Equipment up to its Replacement Value and liability insurance appropriate to the use and location of the Equipment.

Upon request, Lessee shall provide reasonable evidence of required insurance.

22. Assignment and Subletting

Lessee may not assign the rental agreement, sublet the Equipment, transfer possession, or grant another party a right to use the Equipment without Western Container Sales' prior written consent.

Unauthorized assignment, transfer, or subletting may constitute a default.

23. Default and Remedies

Lessee may be considered in default if Lessee:

• Fails to pay amounts when due
• Materially violates the rental agreement
• Unauthorizedly relocates, transfers, or disposes of the Equipment
• Prevents lawful inspection or recovery of the Equipment
• Subjects the Equipment to an unauthorized lien
• Becomes insolvent or enters applicable bankruptcy or debtor-protection proceedings, subject to applicable law

Upon default, Western Container Sales may exercise remedies available under the rental agreement and applicable law, including suspending access where legally permissible, recovering the Equipment, collecting unpaid amounts, and seeking reasonable recovery costs.

Nothing in these Terms authorizes entry, repossession, or other conduct prohibited by applicable law.

Lessee's payment and other obligations accrued before return or recovery of Equipment survive termination.

24. Replacement Value

Unless another amount or method is expressly stated in the rental agreement, Replacement Value is the greater of:

1. The then-current posted price for a comparable one-trip container of the same size in the applicable market, plus 15% for acquisition, preparation, and signage costs; or
2. If Western Container Sales itself leases the Equipment from another owner, that owner's applicable replacement value, plus 15% for acquisition, preparation, and signage costs.

25. Changes After the Initial Rental Term

After expiration of the agreed initial rental term, Western Container Sales may modify rental rates or other terms upon at least 30 days' written notice, subject to applicable law.

If applicable law requires additional notice or restricts a proposed change, applicable law controls.

26. Limitation of Warranties and Liability

Except for any express warranty provided in these Terms or the applicable transaction documents, Equipment is provided to the fullest extent permitted by law without additional express or implied warranties, including warranties of merchantability or fitness for a particular purpose.

To the fullest extent permitted by law, Western Container Sales shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from the Equipment or transaction.

These limitations do not apply to liability that cannot legally be excluded or limited.

27. Indemnification

To the extent permitted by law, Customer agrees to indemnify and hold harmless Western Container Sales and its officers, employees, agents, and contractors from third-party claims, liabilities, damages, fines, penalties, costs, and reasonable attorneys' fees arising from Customer's possession, placement, operation, modification, transportation, storage, or use of Equipment, except to the extent caused by conduct for which indemnification cannot legally be required.

28. Arbitration

Except where prohibited by law or otherwise agreed in writing, a controversy or claim arising out of or relating to the transaction, these Terms, or their breach shall be resolved by binding arbitration administered by the American Arbitration Association under the rules applicable to the dispute.

Judgment on an arbitration award may be entered by a court having jurisdiction.

Unless applicable law or the arbitration rules require otherwise, the initial arbitration filing costs shall be allocated equally between the parties.

The prevailing party may recover reasonable attorneys' fees and costs where permitted by law or awarded by the arbitrator.

29. Notices

Notices relating to an order or rental agreement may be delivered using the physical or electronic contact information associated with the transaction.

Notices to Western Container Sales may be sent to:

info@westerncontainersales.com

A party should promptly notify the other of material changes to its applicable contact information.

30. Entire Agreement

These Terms, together with the applicable order, invoice, rental agreement, and any expressly incorporated documents, constitute the agreement between the parties regarding the applicable transaction and supersede prior representations concerning that transaction.

No oral representation modifies these Terms unless confirmed in an authorized written agreement.

31. Electronic Acceptance

Orders and agreements may be entered into electronically.

Customer's electronic acceptance, payment, or acceptance of delivered Equipment may constitute acceptance of the applicable agreement to the extent permitted by law. A physical signature is not required unless applicable law requires one.

32. Severability and Waiver

If a provision of these Terms is held invalid or unenforceable, the provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall continue in effect.

Failure to enforce a provision on one occasion does not waive the right to enforce it later.