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Terms of Service

Legal

Terms of Service

Last updated: May 1, 2025  ·  Effective date: May 1, 2025

Please read these Terms of Service carefully before purchasing, hiring, or using any product or service provided by Containex Pro. By placing an order or using our website, you agree to be bound by these terms.

By accessing our website, submitting an enquiry, placing an order, or signing a hire agreement, you confirm that you have read, understood, and agree to these Terms of Service and our Privacy Policy.

01

Definitions

Throughout these Terms of Service, the following definitions apply:

"Containex Pro" Refers to Containex Pro LLC, its officers, employees, agents, subsidiaries, and assigns.
"We / Us / Our" Containex Pro LLC, the seller and service provider.
"You / Customer" Any individual, business, or organization purchasing, hiring, or using our products or services.
"Website" The Containex Pro website and all subdomains operated by us.
"Container(s)" Any shipping container, storage container, or modified/converted container unit supplied by Containex Pro.
"Order" A confirmed purchase, hire agreement, or modification instruction placed with Containex Pro.
"Agreement" The contract formed between Containex Pro and the Customer upon order confirmation, incorporating these Terms of Service.
"WWT" Wind and Watertight — the standard condition guarantee applied to used containers supplied by Containex Pro.
"Business Day" Monday through Friday, excluding US federal public holidays.
"Delivery Address" The physical address provided by the Customer for container delivery, as specified on the Order.
02

About Containex Pro

Containex Pro LLC is a shipping container sales, hire, and modification company operating throughout the United States. We supply new, one-trip, and used shipping containers, and provide modification, conversion, and fit-out services to residential, commercial, and industrial customers.

Legal EntityContainex Pro LLC
Registered State[Insert State of Registration]
Principal Office[Insert Registered Address]
EIN[Insert EIN]
General Enquirieshello@containexpro.com
Legal & Compliancelegal@containexpro.com
03

Use of Our Website

By accessing and using the Containex Pro website, you agree to the following conditions of use:

Permitted Use

  • You may use our website to browse products, request quotes, place orders, and access information about our services
  • You may download or print content from our website for your own personal or business reference purposes
  • You agree to provide accurate, current, and complete information when submitting any form, enquiry, or order

Prohibited Use

You must not use our website in any manner that:

  • Violates any applicable federal, state, or local law or regulation
  • Involves scraping, crawling, or automated data collection without our written consent
  • Attempts to gain unauthorized access to any part of our systems, servers, or databases
  • Transmits any unsolicited commercial communications, spam, or malicious code
  • Infringes the intellectual property rights of Containex Pro or any third party
  • Misrepresents your identity, affiliation, or intentions
  • Interferes with or disrupts the integrity or performance of the website or its services

Website Availability

We aim to keep our website available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted access and reserve the right to suspend, withdraw, or modify the website at any time without notice for maintenance, security, or business reasons. We are not liable for any losses arising from website downtime or unavailability.

Links to Third-Party Sites

Our website may contain links to third-party websites for your convenience. These links do not constitute an endorsement of those sites and we are not responsible for their content, privacy practices, or terms of use. You access third-party sites entirely at your own risk.

04

Orders & Order Confirmation

How a Contract is Formed

An order placed through our website, by telephone, by email, or in person constitutes an offer to purchase goods or services from Containex Pro. A binding contract is only formed when we issue a written Order Confirmation to you by email. Until that confirmation is issued, we reserve the right to decline or modify any order for any reason, including but not limited to stock availability, pricing errors, or delivery feasibility.

Order Confirmation Contents

Your written Order Confirmation will include:

  • A unique order reference number
  • Full description of the container(s) or services ordered
  • The agreed price inclusive of applicable taxes and delivery charges
  • The confirmed delivery address and estimated delivery window
  • Payment terms and due dates
  • A reference to these Terms of Service

Accuracy of Order Information

It is your responsibility to review your Order Confirmation carefully and notify us of any errors within 24 hours of receipt. We cannot guarantee that errors identified after this period — particularly those affecting delivery address, container specification, or modification details — can be corrected without additional cost or delay.

Pricing Errors

While we take every care to ensure pricing accuracy on our website and in quotations, errors may occasionally occur. If we discover a pricing error after an Order Confirmation has been issued, we will notify you as soon as possible and offer you the option to proceed at the correct price or cancel your order for a full refund. We are not obligated to fulfil an order at an incorrectly stated price.

All quotations issued by Containex Pro are valid for 30 calendar days from the date of issue unless stated otherwise. After expiry, prices are subject to change without notice and a revised quotation may be required.

05

Pricing & Payment

Pricing

  • All prices are quoted in US Dollars (USD) and are exclusive of sales tax unless explicitly stated otherwise
  • Applicable sales tax will be calculated at checkout or on your formal quotation based on your delivery ZIP code
  • Delivery charges are quoted separately and are confirmed at the time of order
  • Prices for modified or bespoke containers are quoted on a project-by-project basis and are fixed once confirmed in writing

Payment Obligations

  • Payment is due in accordance with the terms set out in your Order Confirmation
  • For standard stock container purchases, 100% payment is due upfront before delivery is scheduled
  • For modified containers, a 50% deposit is required before works commence, with the balance due before delivery
  • For hire agreements, the first month's hire charge plus a refundable damage deposit is due before delivery
  • Containers are not reserved, allocated, or dispatched until cleared payment has been received

Late Payment

Without prejudice to any other rights, if payment is not received by the due date we reserve the right to: suspend or cancel the order; release any reserved stock; apply interest on overdue amounts at the rate permitted under applicable state law; and refer the debt to a collection agency. You will be responsible for all costs of recovery including reasonable attorney's fees where permitted by law.

Accepted Payment Methods

We accept payment by debit card, credit card (Visa, Mastercard, American Express), ACH bank transfer, wire transfer, and approved purchase orders from trade account holders. We do not accept cash payments. Full details of accepted payment methods are set out in our Payment Policy.

06

Delivery & Transfer of Title

Delivery Obligations

We will use reasonable endeavors to deliver your container within the lead time indicated at the time of order. Delivery dates are estimates and are not guaranteed unless a specific date is confirmed in writing as a contractual commitment. We are not liable for delays caused by circumstances outside our reasonable control.

Customer Delivery Responsibilities

You are responsible for ensuring that:

  • The delivery site is accessible, safe, and suitable for the delivery vehicle and method agreed
  • A responsible adult is available at the delivery address at the agreed time, or unattended delivery has been specifically authorized in writing
  • The surface on which the container is to be placed is level, firm, and capable of bearing the container's weight
  • All necessary permits, permissions, or HOA approvals for placing a container on your property have been obtained prior to delivery

Transfer of Title

For container sales, legal title (ownership) of the container passes to you only upon receipt of full cleared payment. Until title passes, Containex Pro retains full legal ownership of the container, even if it has been delivered to your site. You must not sell, transfer, encumber, or modify any container on which payment has not been received in full.

Risk

Risk in the container passes to you at the moment of delivery — specifically when the container is placed at the delivery address and the driver has departed. From that point, you are responsible for the container and should ensure adequate insurance is in place. For hire customers, risk passes on delivery and reverts to Containex Pro only upon collection.

Abortive Deliveries

If a delivery cannot be completed due to insufficient access, absence of a responsible person, or a site not being ready — for reasons that were not disclosed at the time of ordering — an abortive delivery charge will apply. This charge covers the driver's time and operating costs and must be paid before a re-delivery is scheduled.

07

Container Hire Terms

Hire Agreement

Container hire is governed by a separate Hire Agreement issued at the time of booking, which supplements and is subject to these Terms of Service. In the event of any conflict between the Hire Agreement and these Terms of Service, the Hire Agreement shall prevail in respect of the specific hire arrangement.

Ownership

The container remains the sole property of Containex Pro at all times during the hire period. The Customer has no right, title, or interest in the container other than the right to use it as permitted under the Hire Agreement. The Customer must not sell, sublease, pledge, encumber, or attempt to dispose of any hired container.

Customer Responsibilities During Hire

  • Keep the container secure and locked when not in active use
  • Not overload the container beyond its rated capacity
  • Not make any structural alterations, additions, or modifications without our prior written consent
  • Not store any hazardous, flammable, explosive, illegal, or prohibited materials inside the container
  • Not move or relocate the container from the delivery address without prior written consent from Containex Pro
  • Ensure the container is insured against loss, theft, and damage for the full duration of the hire period
  • Notify us immediately of any damage, theft, or incident involving the container

Hire Period & Termination

The minimum hire period is 28 days (one calendar month). Hire continues on a rolling monthly basis until terminated by either party with 28 days' written notice. Written notice of termination must be sent to hire@containexpro.com.

Damage During Hire

The Customer is responsible for any damage to the container beyond fair wear and tear during the hire period. On collection, we will inspect the container and any damage identified will be assessed and charged to the Customer at our standard repair rates. The damage deposit will be applied first; any remaining costs will be invoiced separately and are due within 14 days.

Our Right to Recover the Container

Containex Pro reserves the right to recover the hired container without notice if: hire payments are more than 30 days overdue; the Customer becomes insolvent or enters bankruptcy proceedings; the container is being used in an unlawful manner; or the Customer materially breaches the Hire Agreement. We will not be liable for any inconvenience or costs resulting from a lawful repossession.

08

Modifications & Custom Works

Scope of Works

All modification and conversion works are carried out according to the written specification agreed and signed off by the Customer at the time of order. It is the Customer's responsibility to ensure the specification is complete, accurate, and fit for their intended purpose before works commence. Changes requested after commencement of works may incur additional charges and extend the lead time.

Customer-Supplied Specifications

Where the Customer provides specifications, drawings, or designs, Containex Pro will use reasonable skill and care to interpret and execute those requirements. However, we are not responsible for any defects, failures, or unsuitability arising directly from a Customer-supplied specification. We recommend customers seek independent professional advice (structural engineer, architect, or building consultant) where the intended use requires it.

Planning Permission & Permits

It is solely the Customer's responsibility to obtain any necessary planning permission, building permits, zoning approvals, HOA consents, or other regulatory authorizations required for placing or using a modified container on their property. Containex Pro does not provide planning or permitting advice and is not liable for any enforcement action, fines, or costs arising from a failure to obtain required approvals.

Deposit & Commencement

A 50% deposit is required before modification works commence. Once physical works have begun, this deposit is non-refundable. The balance payment is due and must be received in full before the completed container is released for delivery.

Completion & Snagging

On completion of modification works, we will notify you and invite you to inspect the container at our workshop prior to delivery. Any snagging items identified at inspection will be completed before dispatch. Once the container has been delivered and accepted, Containex Pro's liability is limited to rectifying any defects in materials or workmanship that are reported within 30 days of delivery.

09

Warranties & Container Condition

Our Warranties

Wind & Watertight (WWT)

All containers are guaranteed to be wind and watertight at the point of delivery. If a container fails this standard upon delivery, we will repair or replace it at no cost to you.

Structural Integrity

New and one-trip containers carry a 12-month structural warranty. Used containers are warranted as structurally sound and fit for general storage at the point of delivery.

Modification Workmanship

All modification and fabrication works carried out by Containex Pro carry a 12-month workmanship warranty covering defects in materials and labor. Defects must be reported within the warranty period.

As Described

Every container will match the grade, condition, and specification described at the time of sale. If it does not, you are entitled to a repair, replacement, or full refund at our discretion.

Cosmetic Condition of Used Containers

Used and WWT containers are pre-owned and will show signs of previous use including surface rust, paint fading, dents, scratches, and general cosmetic wear. These characteristics are inherent to used containers and do not constitute defects unless they compromise the structural integrity or wind/watertight standard of the unit. By ordering a used or WWT container, you acknowledge and accept this condition.

Exclusions

Our warranties do not cover:

  • Damage caused by the Customer after delivery
  • Damage caused by improper use, overloading, or inappropriate placement
  • Normal wear and tear during the warranty period
  • Modifications or repairs carried out by the Customer or unauthorized third parties
  • Damage caused by extreme weather events, flooding, or other force majeure circumstances
  • Rust or corrosion that develops after delivery as a result of environmental conditions at the Customer's site

Nothing in these Terms of Service excludes or limits any rights you may have under applicable federal or state consumer protection laws. Where any provision of these terms conflicts with mandatory applicable law, the applicable law shall prevail.

10

Limitation of Liability

Please read this section carefully. It limits the liability of Containex Pro to you in respect of any claims arising out of or in connection with these Terms of Service, your order, or your use of our products and services.

Cap on Liability

To the maximum extent permitted by applicable law, Containex Pro's total aggregate liability to you for any and all claims arising out of or in connection with any order or agreement shall not exceed the total amount paid by you for the specific goods or services to which the claim relates.

Exclusion of Consequential Loss

Containex Pro shall not be liable for any:

  • Loss of profits, revenue, or anticipated savings
  • Loss of business, contracts, or commercial opportunities
  • Loss of data or damage to systems
  • Indirect, special, incidental, or consequential loss or damage of any kind
  • Punitive or exemplary damages

This exclusion applies whether such losses were foreseeable, known, or forewarned — except where prohibited by applicable law.

What We Do Not Exclude

Nothing in these Terms of Service limits or excludes our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation by Containex Pro
  • Any liability that cannot be excluded or limited under applicable federal or state law

Your Responsibilities

You acknowledge that you are responsible for ensuring containers purchased or hired from Containex Pro are appropriate and suitable for your intended use. We are not liable for losses or damage arising from your failure to: obtain necessary permits or permissions; prepare an adequate delivery site; maintain or secure the container appropriately; or use the container in accordance with its intended purpose.

11

Intellectual Property

All content on the Containex Pro website and in our marketing materials — including but not limited to text, images, photography, graphics, logos, trademarks, trade names, layout, design, and software — is the intellectual property of Containex Pro LLC or our licensed content providers and is protected by US and international copyright, trademark, and intellectual property laws.

Permitted Use

  • You may view, print, or download content from our website for your own personal or internal business use only
  • You may share links to pages on our website

Prohibited Use

  • You must not reproduce, republish, distribute, sell, or commercially exploit any content from our website without our prior written consent
  • You must not use our trademarks, trade names, or logos without our express written permission
  • You must not remove or alter any copyright, trademark, or proprietary notices on any content
  • You must not frame or mirror any page of our website on another website without consent

Customer-Provided Content

Where you provide content to us — such as reviews, testimonials, photographs, or project descriptions — you grant Containex Pro a non-exclusive, royalty-free, worldwide license to use, display, and reproduce that content in our marketing materials, website, and social media channels. You warrant that any content you provide does not infringe the rights of any third party.

12

Cancellations & Returns

Order Cancellation by Customer

Order Type Cancellation Window Refund Outcome
Standard stock container Before delivery is scheduled Full refund minus any reservation deposit
Standard stock container After delivery is scheduled but before dispatch Full refund minus cancellation fee of up to $150
Modified container Within 48 hours of order placement Full deposit refund if no works commenced
Modified container After works have commenced Deposit non-refundable; costs incurred to date charged
Hire agreement Before delivery Full refund of first payment and damage deposit
Hire agreement (active) 28 days' written notice required Pro-rated hire charges; deposit returned after inspection

Returns of Purchased Containers

Due to the nature of our products — large, heavy industrial goods delivered to customer sites — we do not operate a standard returns policy. However, if a container does not match its described condition or specification, you have the following remedies:

  • Report the discrepancy at the time of delivery on the delivery note, or within 24 hours by email
  • We will inspect and assess the issue within 2 business days
  • Our remedies include repair at no cost to you, replacement with an equivalent unit, or a full refund at our discretion
  • If a return of the container is required, we will arrange and bear the cost of collection

Cancellation by Containex Pro

We reserve the right to cancel any order at any time before delivery in the following circumstances: the container is damaged prior to delivery; the ordered unit is no longer available due to circumstances beyond our control; we identify a pricing error in the order; or we have reasonable grounds to suspect fraud. In such cases, a full refund of all payments made will be issued within 5 business days.

13

Disputes & Governing Law

Informal Resolution

In the event of any dispute, complaint, or claim arising out of or in connection with these Terms of Service or any order, we encourage you to contact us first to seek an informal resolution. Most issues can be resolved quickly through direct communication. Please email legal@containexpro.com with a clear description of your concern and we will respond within 5 business days.

Formal Dispute Resolution

If informal resolution is not achieved within 30 days of the dispute being raised, either party may pursue their legal rights. The parties agree to explore good-faith mediation before commencing formal legal proceedings where the dispute value exceeds $5,000.

Governing Law

These Terms of Service and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Nothing in this clause affects any mandatory consumer protection rights you may have under the laws of your state of residence.

Jurisdiction

Subject to the informal resolution provisions above, both parties irrevocably agree that the courts of the State of Florida shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Service, provided that Containex Pro reserves the right to bring proceedings in the courts of any other jurisdiction where necessary to enforce a judgment or protect its property.

Class Action Waiver

To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis only. You waive any right to participate in a class action lawsuit or class-wide arbitration against Containex Pro. This waiver is a material term of these Terms of Service.

Consumers residing in states with mandatory arbitration laws or specific dispute resolution requirements — including California — may have additional rights. These Terms of Service do not override any such mandatory rights.

14

Privacy & Data Protection

Your privacy is important to us. The collection, use, and storage of your personal data by Containex Pro is governed by our Privacy Policy, which forms part of and is incorporated into these Terms of Service by reference. By agreeing to these Terms of Service, you also agree to our Privacy Policy.

In summary, we collect personal data necessary to process your order, manage your account, deliver your container, and communicate with you. We do not sell your personal data to third parties. For full details of how we collect, use, store, and protect your personal data — and how to exercise your privacy rights — please read our Privacy Policy in full.

If you have any concerns about how your data is being handled, please contact privacy@containexpro.com.

15

Changes to These Terms

Containex Pro reserves the right to update, modify, or replace these Terms of Service at any time. When we make material changes, we will:

  • Update the "Last updated" date at the top of this page
  • Where appropriate, notify active customers and trade account holders by email
  • Post a notice on our website highlighting the key changes

Your continued use of our website or services after any changes are published constitutes acceptance of the updated Terms of Service. If you do not agree to the revised terms, you should discontinue use of our website and services and contact us to discuss any active orders or agreements.

We recommend you review these Terms of Service periodically. The version currently published on our website shall at all times be the governing version.

16

Contact Us

If you have any questions about these Terms of Service, wish to exercise any rights, or need to report a concern, please contact us using the details below. Please quote your order reference number in all correspondence.

General Enquiries

hello@containexpro.com Response within 1 business day

Legal & Compliance

legal@containexpro.com Response within 3 business days

These Terms of Service were last reviewed by our legal team on May 1, 2025. They are intended to be read in conjunction with our Privacy Policy, Shipping & Delivery Policy, Payment Policy, and Sales Tax Policy — all of which form part of the overall agreement between you and Containex Pro.

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