Please read these Terms of Service carefully before using Xport Shipping Containers’ website and services.
1. Acceptance of Terms
By accessing and using the Xport Shipping Containers website and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these Terms of Service, please do not use our website or services.
These terms apply to all visitors, users, and others who access or use the service, whether purchasing, renting, or inquiring about shipping containers and related services.
2. Use of Website and Services
Xport Shipping Containers grants you a limited, non-exclusive, non-transferable license to access and use our website for lawful purposes related to purchasing or renting shipping containers.
- Prohibited Uses
- You agree not to use our website or services to:
- Violate any applicable local, state, national, or international law
- Transmit any harmful or malicious code
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the integrity or performance of our website
- Copy, modify, or distribute our content without authorization
- Use our services for any fraudulent or illegal purpose
- Impersonate another person or entity
3. Account Registration and Security
To access certain features of our website, you may be required to register for an account. When you register, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
4. Product Purchases and Rentals
4.1 Product Descriptions
- We make every effort to display our shipping containers and their features as accurately as possible. However, we do not warrant that product descriptions, images, or other content is accurate, complete, reliable, current, or error-free.
4.2 Availability
- All products and rental units are subject to availability. We reserve the right to limit the quantities of any products or services we offer. Product availability may vary by location. We may discontinue any product at any time without notice.
4.3 Orders and Acceptance
- Your order constitutes an offer to purchase or rent a container. We reserve the right to accept or decline your order for any reason. If we decline your order after payment has been processed, we will issue a full refund.
5. Pricing and Payment Terms
Pricing:
- All prices are in USD
- Prices are subject to change without notice
- Quoted prices are valid for 30 days unless otherwise stated
- Additional fees may apply for delivery, customizations, or special requests
- Payment:
- Payment must be received before delivery or rental begins
- We accept major credit cards and other specified payment methods
- All payments are processed securely
- You are responsible for any applicable taxes
6. Delivery and Acceptance
6.1 Delivery Scheduling
- Delivery dates are estimates only and are subject to product availability, weather conditions, and other factors beyond our control. We will make reasonable efforts to deliver on the scheduled date but are not liable for delays.
6.2 Delivery Location Requirements
- You are responsible for ensuring that the delivery location is suitable and accessible for container delivery, including adequate space, ground stability, and clearance for delivery equipment.
6.3 Inspection and Acceptance
- You must inspect the container upon delivery. Any damage or discrepancies must be noted on the delivery receipt. Failure to note issues at delivery may affect your ability to make claims later.
7. Returns and Cancellations
- 7.1 Purchase Returns: Due to the nature of shipping containers as large, heavy items, returns are generally not accepted except in cases of significant defects or errors on our part. Please inspect your container thoroughly upon delivery.
- 7.2 Order Cancellations
- Cancellations made more than 7 days before scheduled delivery: Full refund minus 10% processing fee
- Cancellations made 3-7 days before delivery: 50% refund
- Cancellations made less than 3 days before delivery: No refund
- Cancellations after delivery has occurred: No refund
8. Rental Terms and Conditions
- 8.1 Rental Period
- Rental periods begin on the date of delivery and continue for the agreed-upon term. Rental fees are charged on a monthly basis unless otherwise specified.
- 8.2 Rental Responsibilities
- Maintain the container in good condition
- Use the container only for lawful purposes
- Not modify, alter, or paint the container without written permission
- Prevent damage from negligence or misuse
- Ensure the container is accessible for inspection or removal
- Keep the container on the agreed-upon location
- Comply with all local zoning and permit requirements
- 8.3 Rental Extensions and Early Termination
- Rental extensions must be requested in writing at least 7 days before the end of the rental period. Early termination requires 30 days’ notice, and rental fees are not prorated for partial months.
- 8.4 Damage and Loss
- You are responsible for any damage to or loss of the rented container during the rental period. You will be charged for repairs or replacement at our current rates.
9. Custom Modification Terms
- If you request custom modifications to your container (such as windows, doors, electrical, HVAC, or other alterations):
- All custom work must be specified in writing and approved before work begins
- Custom modifications may extend delivery timelines
- Additional fees apply for all custom work
- Custom orders are non-refundable once work has begun
- We warrant custom work for 90 days from delivery
- You are responsible for obtaining any necessary permits for modified containers
10. Intellectual Property Rights
All content on this website, including text, graphics, logos, images, software, and other materials, is the property of Xport Shipping Containers or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works, publicly display, or exploit any content from our website without our express written permission.
11. User Content and Conduct
If you submit reviews, testimonials, photos, or other content to our website, you grant us a perpetual, royalty-free, worldwide license to use, reproduce, modify, and display such content for business purposes.
You represent that any content you submit is accurate, does not violate any third-party rights, and complies with applicable laws.
12. Disclaimers and Warranties
- Limited Warranty:
- New containers: 5 years from delivery
- Used containers: 1 year from delivery
- Custom modifications: 90 days from delivery
- This warranty does not cover normal wear and tear, damage from misuse or negligence, modifications not performed by us, or damage from acts of nature.
- Disclaimer: Except as expressly stated above, our services and products are provided “as is” without warranties of any kind, either express or implied. We disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- We do not warrant that our website will be uninterrupted, error-free, or free from viruses or other harmful components.
13. Limitation of Liability
To the fullest extent permitted by law, Xport Shipping Containers shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Damages arising from delay in delivery or performance
- Damages resulting from your use or inability to use our products or services
- Our total liability for any claim arising from these terms or your use of our services shall not exceed the amount you paid to us for the specific product or service giving rise to the claim.
14. Indemnification
You agree to indemnify, defend, and hold harmless Xport Shipping Containers, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:
- Your violation of these Terms of Service
- Your violation of any third-party rights
- Your use or misuse of our products or services
- Your failure to comply with applicable laws or regulations
- Any content you submit to our website
15. Dispute Resolution and Arbitration
15.1 Informal Resolution
- Before filing a claim, you agree to contact us first to attempt to resolve the dispute informally.
15.2 Binding Arbitration
- If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these terms shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules.
15.3 Class Action Waiver
You agree that disputes will be resolved on an individual basis and waive your right to participate in a class action or class-wide arbitration.
16. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas. Any legal action or proceeding related to your access to or use of our services shall be instituted in a state or federal court in Dallas County, Texas.
17. Changes to Terms
We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes are posted constitutes your acceptance of the modified terms.
18. Severability
If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
19. Entire Agreement
These Terms of Service, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Xport Shipping Containers regarding your use of our services.
20. Contact Information
If you have any questions about these Terms of Service, please contact us: Email: info@xportshippingcontainers.com
