Terms & Conditions

Scope of These Terms

These Terms and Conditions apply to your use of the CMG Container Sales website and to purchases of shipping containers, modified containers, refrigerated containers, accessories, delivery services and other products or services offered by us.

Certain transactions may also be subject to a written quotation, invoice, product specification, order confirmation or other transaction specific terms.

If a transaction specific written agreement expressly conflicts with these Terms, the specific written agreement will control with respect to that particular transaction.

Eligibility to Purchase

By placing an order, you represent that you are legally capable of entering into a binding agreement and that the information provided during checkout or ordering is accurate.

If you purchase on behalf of a company or other organization, you represent that you have authority to bind that organization to the transaction.

Product Information

We make reasonable efforts to provide accurate descriptions, photographs, dimensions, specifications, condition information and other details for products listed on our website.

Shipping containers are industrial products and individual units may vary according to manufacturer, age, previous use, condition, production tolerances and repair history.

Dimensions and capacities displayed on the website are generally provided for guidance. Customers purchasing for an application requiring exact dimensions should confirm the relevant specifications before ordering.

Product Images

Product pages may use photographs of the actual unit or representative photographs of containers of a similar type, size or grade.

Where photographs are representative rather than photographs of the specific unit being delivered, the product description should be reviewed together with the stated condition grade.

Shipping Container Condition

Containers may be offered in different condition categories, including newer or one trip units, cargo worthy units, wind and watertight units, refurbished units and project or as is units.

Used shipping containers are working industrial equipment. Depending on the stated grade, cosmetic characteristics may include:

• Dents
• Scratches
• Faded paint
• Surface corrosion
• Previous repairs
• Patches
• Floor wear
• Normal signs of handling and transportation

Cosmetic wear that is consistent with the advertised grade does not by itself mean that a container is defective.

Customers should select a container condition appropriate to the intended application.

Orders & Order Acceptance

Submission of an online order constitutes an offer to purchase the selected products subject to these Terms.

An automated order acknowledgement confirms that we received your order but does not necessarily constitute final acceptance.

An order may be declined or cancelled before fulfillment if:

• The requested product is unavailable
• Payment cannot be verified
• A material pricing or listing error occurred
• Required delivery information is incomplete
• Delivery cannot reasonably or safely be completed
• The transaction appears fraudulent or unlawful

If we cancel an order after receiving payment and no product has been supplied, the applicable payment will be returned using an appropriate payment method.

Prices, Quotations & Errors

Product prices are displayed on the website or provided in quotations and order documents.

Delivery, modifications, taxes or other charges will be disclosed where applicable to the transaction.

We reserve the right to correct genuine typographical, mathematical or technical pricing errors before accepting an order.

If a material pricing error is discovered after payment but before fulfillment, we may contact you to confirm whether you wish to proceed at the corrected price or receive a refund.

Payment

Customers must pay all amounts due according to the payment instructions presented at checkout, on the invoice or in the applicable quotation.

An order may not be scheduled for dispatch until required payment has been received or otherwise approved.

Payment services provided by third parties may also be subject to the terms and policies of the relevant bank, payment processor or financial institution.

Customers are responsible for providing accurate billing and transaction information.

Shipping & Delivery

Delivery dates or delivery windows are estimates unless a specific date has been expressly guaranteed in writing.

Delivery may be affected by distance, weather, traffic, equipment availability, site access, carrier scheduling, government restrictions and other circumstances.

Customers should ensure that an authorized person is available when reasonably required to receive the container.

We will make reasonable efforts to communicate material delivery delays when they become known.

Delivery Site & Access Requirements

The customer is responsible for providing a reasonably safe and accessible delivery location suitable for the delivery equipment being used.

Before delivery, customers should consider:

• Road accessibility
• Gate width
• Turning space
• Overhead power lines
• Tree branches
• Soft or unstable ground
• Slopes
• Drainage
• Building clearance
• Container door orientation

If delivery cannot be completed because material site restrictions were not disclosed, reasonable additional transportation, storage or redelivery costs actually incurred may be charged after being communicated to the customer.

Delivery, Acceptance & Risk of Loss

Unless the applicable order documents expressly state otherwise, risk of physical loss or damage transfers to the customer after the container has been delivered or properly tendered at the agreed delivery location.

Damage occurring before completion of delivery should be reported promptly so that it can be investigated with the applicable delivery provider.

Nothing in this section limits rights or remedies that cannot legally be waived under applicable law.

Inspection on Delivery

Customers are encouraged to inspect the container at delivery when reasonably possible.

Particular attention should be given to:

• The container size and type
• General structural condition
• Doors and locking bars
• Door seals
• Exterior damage
• Interior condition
• Floor condition

If the container appears materially different from the product ordered or appears to have suffered significant delivery damage, please document the condition with photographs and contact us as soon as reasonably possible.

Returns & Refunds

Eligible customers may request a return within 30 calendar days of delivery in accordance with our published Returns and Refunds Policy.

Once an eligible returned product has been received, inspected and approved, the applicable refund will be initiated within 14 days.

Shipping containers require specialized transportation. Customers must contact us before arranging a return.

Customized or materially modified containers may have different return eligibility where the modification was specifically requested by the customer.

Customized & Modified Containers

Where a customer requests modifications, the customer is responsible for reviewing the applicable specifications before fabrication begins.

Modifications may include:

• Windows
• Personnel doors
• Roll up doors
• Electrical systems
• Insulation
• HVAC systems
• Plumbing
• Partition walls
• Custom paint
• Structural openings

Customer requested changes made after work has commenced may affect pricing and completion time.

The customer is responsible for determining whether the intended modification or use complies with local zoning, building, planning, permitting and land use requirements.

Product Warranties & As Is Products

Any specific written warranty provided with a product will be governed by the terms of that warranty.

Products identified as being sold in a particular used condition will be evaluated according to the condition represented in the product description and applicable order documents.

This section does not disclaim an express written warranty, misrepresentation, fraud, or any warranty or consumer right that applicable law does not permit to be excluded.

Customer Responsibilities & Intended Use

Customers are responsible for determining whether a container is suitable for their particular intended use.

This includes determining whether:

• The container has sufficient dimensions and capacity
• The container condition is appropriate
• The site can safely support the container
• Local permits or approvals are required
• Additional ventilation is required
• Electrical or structural modifications require professional work
• The container is suitable for transportation where applicable

Containers should not be used for unlawful purposes.

Order Cancellations

Customers wishing to cancel an order should contact us as soon as possible.

Orders that have not entered dispatch, transportation, fabrication or customization may generally be easier to cancel.

Once expenses have reasonably been incurred in reliance upon an order, cancellation may be subject to applicable documented costs to the extent permitted by law.

We will not impose an unreasonably large cancellation penalty.

Limitation of Liability

To the maximum extent permitted by applicable law, CMG Container Sales will not be responsible for indirect, incidental, special or consequential commercial losses resulting solely from events outside our reasonable control.

This may include commercial loss resulting from:

• Customer site access problems
• Customer supplied information being inaccurate
• Unauthorized customer modifications
• Failure to obtain necessary permits
• Use of a container for an unsuitable purpose
• Events beyond our reasonable control

Nothing in these Terms excludes or limits liability where such exclusion or limitation would be prohibited or unconscionable under applicable law.

Nothing in these Terms excludes liability for fraud, intentional misconduct or other liability that applicable law does not permit to be excluded.

Indemnification

To the extent permitted by law, a customer may be responsible for reasonable losses or claims caused by the customer's unlawful use of a product, material breach of these Terms, unauthorized modifications or intentional misconduct.

This provision does not require a consumer to indemnify CMG Container Sales for losses caused by our own negligence, misconduct or violation of applicable law.

Events Beyond Reasonable Control

We will not be considered in breach solely because performance is delayed or prevented by circumstances reasonably beyond our control.

Such circumstances may include:

• Severe weather
• Hurricanes
• Flooding
• Natural disasters
• Road closures
• Government restrictions
• Port disruptions
• Labor disruptions
• Carrier interruptions
• Major equipment failure
• Acts of war or terrorism

We will make reasonable efforts to resume performance when conditions permit.

Website & Intellectual Property

Unless otherwise stated, website content including text, branding, graphics, page designs, product descriptions and original photographs is owned by or licensed to CMG Container Sales.

Website materials may not be copied, republished or commercially exploited without authorization except where permitted by law.

You may use the website for legitimate personal or business purchasing purposes.

Electronic Transactions & Communications

By using our website to place an order or communicate with us, you consent to conducting the relevant transaction electronically.

Electronic records may include:

• Online orders
• Order confirmations
• Invoices
• Email communications
• Electronic acknowledgements
• Digital records of transaction acceptance

Electronic transactions and records will be handled in accordance with applicable Florida and federal electronic commerce law.

Privacy & Personal Information

Information collected through our website and transactions is handled according to our Privacy Policy.

Personal information may be used where reasonably necessary for processing orders, payments, delivery, customer service, fraud prevention and other legitimate business purposes.

Governing Law

These Terms and Conditions and transactions governed by them will be interpreted under the laws of the State of Florida, without regard to conflict of law principles, except where applicable federal law or another nonwaivable law requires otherwise.

Sales transactions may also be governed by applicable provisions of Florida's Uniform Commercial Code and other applicable consumer protection laws.

Nothing in these Terms is intended to waive rights that cannot lawfully be waived under Florida or federal law.

Disputes & Resolution

If a dispute arises, we encourage customers to contact us first so that the issue can be reviewed and an appropriate resolution can be attempted.

Please email:

sales@cmgcontainersales.com

Subject to any nonwaivable rights applicable to a consumer, legal proceedings arising from these Terms may be brought in a court of competent jurisdiction located in Broward County, Florida.

Nothing in this provision prevents either party from exercising statutory rights or remedies available under applicable law.

General Contract Terms

Entire Agreement

These Terms, together with the applicable order, quotation, invoice, product description and policies incorporated into the transaction, constitute the agreement relating to that transaction unless another written contract states otherwise.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue to operate to the fullest extent permitted by law.

No Waiver

A failure to enforce a provision on one occasion does not automatically waive the right to enforce that provision later.

Assignment

Customers may not transfer contractual rights or obligations to another person where doing so would materially affect the transaction without our consent, except where applicable law provides otherwise.

Changes to These Terms

We may update these Terms periodically for future transactions to reflect changes in law, website functionality or business practices.

Updated Terms will apply from the effective date displayed on the website and will not retroactively alter a completed transaction unless legally permitted and agreed where required.

Contact Information

Questions regarding these Terms and Conditions may be directed to: