Privacy & Terms | Simple Containers

Privacy Policy, Terms and Conditions

THE CONTRACT

This contract is formed by and between Simple Containers LTD (the “Supplier”) and the purchaser (the “Client”) specified on Supplier’s invoice to the Client. This contract follows Supplier's Privacy Policy and Terms and Conditions (the "Privacy Policy, Terms and Conditions") The parties involved agree that: Supplier’s 20’x8’x6’, 40’x8’x6’, and 40’x9’x6’ Intermodal Containers and any other Containers (the "Containers") are a product sold to the Client and is a subject to Privacy Policy, Terms and Conditions. Supplier will transfer Container(s) to the Client and the Client will pay for any or all Container(s) specified in the invoice to the Client at the price specified. The Client cannot transfer this contract or any of its rights or responsibilities to anyone else without getting written permission from the Supplier first.

IN DISPUTE RESOLUTION SECTION THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHT ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY

INTELLECTUAL PROPERTY

All content published and made available on our the simplecontainers.ca (the "Site") is the property of the Supplier. This includes, but is not limited to text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

ACCEPTABLE USE

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

Harass or mistreat other users of our Site;
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the Site; or
Act in any way that could be considered fraudulent.

if we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

THIRD PARTY GOODS AND SERVICES

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by the third parties on our Site

PAYMENTS AND REFUNDS POLICIES

The Supplier's obligation and duties are based on Client's full payment for any and all purchased Container(s). Full payment for the agreed upon quantities of Containers and prices specified in Supplier's invoice to the Client shall be made within five business days from receipt of Supplier's invoice. Once the Client has picked up or removed any Container(s) from Supplier's Depot or has received any Container(s) at Client's location, no refund will be issued or granted for any reason, ALL SALES ARE FINAL.

If any payment is untimely, Supplier is entitled to cancel the transaction without further notice. Should the Client have in possession any Container(s) for which the payment is untimely; the Supplier has the right to hire a collection agency or take legal action to recover any unpaid amounts, including any interest, expenses, costs, and attorneys' fees incurred in recovering past due payments or collecting on awards or judgments for overdue invoices. All payments must be received in the Supplier's designated account and shall not be reduced by any fee, charge, tax, tariff, or other expense. Prices and pricing are subject to change at any time. The Supplier may, at its sole discretion, modify container prices or refuse to offer a previously available product or price.

TAXES ON CONTAINER(S)

Container prices do not include taxes, tariffs, or other governmental or administrative charges. The Client agrees to take full responsibility for and promptly pay, indemnify, and hold harmless the Supplier from any transfer, title, and registration fees, tolls, levies, duties, tariffs, governmental charges, and all types of taxes, including but not limited to sales or use taxes, value-added taxes (VAT), personal property taxes, or excise taxes, related to the sale, delivery, import, or domestication of any Container(s) or services provided by the Supplier under this contract. This includes any penalties, fines, or interest associated with these charges.

OWNERSHIP AND SECURITY INTEREST

Ownership of any Container(s) ordered or delivered under these terms will remain with the Supplier until the Supplier has received full payment for the quantity and price specified in the Supplier's invoice. If the Client fails to make timely payment, the Supplier reserves the right to, and is hereby granted, a purchase money security interest in all Container(s) ordered or delivered for which full payment has not been received. The Client guarantees to the Supplier that they will not sell or attempt to transfer any interest in any Container(s) ordered or delivered under this agreement until the Supplier has received full payment for those Container(s). The sale, transfer, or disposal of any interest in any Container(s) ordered or delivered to the Client, for which the Supplier has not received full payment, is strictly prohibited. The Client agrees that, regardless of the physical location of a Container, the Supplier will retain possession and the right to possession of any Container(s) until full payment has been received by the Supplier. The Supplier is authorized by this agreement to file a copy of these terms (which serve as a security agreement) as a financing statement, along with the names and addresses of both the Client and Supplier, a description of the goods, and any other information required by local law to secure the interest created by this agreement. The Client also appoints the Supplier as their attorney-in-fact to sign and deliver any documents needed to secure this interest.

DISCLAIMER

Unless otherwise expressly agreed in writing by the Supplier, this document, along with all documents specified by the Supplier as part of it, this is the complete agreement between the Supplier and the Client and overrides all previous agreements and understandings related to this subject. The terms of this agreement will not be altered by any oral statements or the provisions of any of the Client’s forms or documents unless specifically agreed to in writing by the Supplier. This agreement is valid only if the Client agrees to all its terms, and the Supplier's acceptance of the Client's order depends on this agreement. The Supplier rejects any different or additional terms that have not been specifically agreed to in writing by the Supplier, including those in the Client's purchase order. The Client agrees that any container received is sold "as is" and "where is." The Supplier makes no other express or implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The Supplier disclaims and the Client waives and releases the Supplier from any and all representations or warranties of any kind, whether express or implied, regarding the design, condition, title, availability, operation, merchantability, or fitness of the containers for any particular use or purpose, including the Client's specific needs, and the conformity of the containers to any required specifications by any country or subdivision in which the containers may be used, as well as any claims of infringement or similar issues. Client acknowledges and agrees that Supplier shall not be liable to Client for any claim, loss, or damage arising directly or indirectly from the containers, including any inadequacies, deficiencies, defects therein, or incidents connected with them, whether arising in strict liability or otherwise. Supplier shall not be liable under any circumstances for lost profits or for any incidental, special, exemplary, punitive, direct, indirect, or consequential damages, even if Supplier has been advised of the possibility of such damages. Supplier's liability for any direct damages shall be limited to the amount, if any, that Client has paid to Supplier in connection with the purchase of any containers. Some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and therefore, certain limitations stated above may not apply to you. If this limitation of liability or the exclusion of warranty set forth above is deemed inapplicable or unenforceable for any reason, Supplier's maximum liability for any damages shall be limited to the amount that Client has paid to Supplier in connection with this agreement. This limitation is expressly agreed upon and understood as liquidated damages and not as a penalty. This limitation of liability is a part of the bargain between the parties. Without limiting the above provisions, Client agrees that it bears sole responsibility for ensuring that each container is suitable for its intended purposes and complies with all relevant laws before receiving or using the container. Client acknowledges and agrees that the containers are primarily intended for domestic use and accepts full responsibility for complying with applicable domestic laws and regulations regarding their use. If the containers are used in international trade, Client acknowledges and agrees that, in addition to the indemnity in Section INDEMNIFICATION, the containers will not be resold or otherwise transferred to any country unless Client pays all relevant customs duties, import tariffs, or taxes.

INDEMNIFICATION

The indemnity in this agreement will continue to apply even after the contract ends and after any Container(s) have been delivered. The Client firmly and unconditionally agrees to hold harmless, indemnify, save, defend, advance fees, and reimburse the Supplier, to the maximum extent permitted by law, from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind or character (including all costs and attorneys’ fees) for loss or damage to property or cargo of any person, and for personal injury including death to any person arising out of or related to the ownership, possession, relocation, operation, control, use, or maintenance of any Container(s) after their delivery to the Client or resulting from the Client’s breach or violation of any provision of this agreement or any associated rights.

DISPUTE RESOLUTION

The parties agree that any dispute related to this agreement or any container ordered or delivered must be resolved through arbitration, unless they can settle the dispute through negotiation or mediation to everyone's satisfaction. This includes any questions about the agreement's creation, termination, existence, validity, enforceability, or applicability.

If the law allows, both parties waive their right to a jury trial. They also agree that they can only bring claims against each other individually and not as part of a class action, collective, consolidated, or representative lawsuit. These rules are an important part of the agreement, and both parties agree to follow them to resolve any disputes.

If any dispute arises out of or in connection with this agreement, any purportedly aggrieved party shall give notice to each other party, where such notice will state the nature of and basis for the dispute with such other party. Subject to any exceptions specified in these Terms and Conditions, if Client and Supplier are unable to resolve any dispute through informal discussion, then Client and Supplier agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Supplier. The costs of any mediation or arbitration will be shared equally between you and Supplier.

Notwithstanding any other provision in these Terms and Conditions, Client and Supplier agree that you
both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement. Arbitration will take place in the province of Alberta, following the province of Alberta laws, and no punitive damages can be awarded. The arbitrator must provide a detailed written decision within 30 days. Seller's remedies are cumulative. The arbitrator may allocate costs and fees as deemed fair. Any party enforcing an arbitration award is entitled to recover related costs and fees. The obligation to arbitrate survives the agreement's termination. The arbitration process and related documents will be kept confidential. Any claims must be filed within one year or be forever barred

THE CONTAINER IS BEING PICKED UP BY THE CLIENT

The Client is responsible for the pick up of the Container(s). The Client is responsible for arranging and covering the cost of picking up Container(s). The Container(s) are sold "as is" meaning that the Container(s) is/are being sold in its current condition, with no guarantees or warranties regarding its quality, functionality, or suitability for any purpose. The Client assumes all risks associated with any defects or issues the item may have. However Container(s) are guaranteed to have no holes or leaks, clean unbroken floors, and good door seals. As well as "where is" meaning that the Container(s) must be picked up from its current location. The Supplier will not be responsible for moving or shipping the Container(s); it is the Client's sole responsibility to arrange and cover the costs of transportation from the Container's present location. Availability and access may change without notice, it is the Client's responsibility to contact the dedicated depot to make sure the Container(s) is/are available for self-pick up. The Container(s) are sold on first-come first served basis. The Supplier is not held liable for any costs or claims, including a "dry run" which means that the Client was unable to get the Container(s) when the Client showed up or extra wait time, resulting from the Client's failure to contact the dedicated depot prior to dispatch for pick up. All risk of loss or damage to the Container(s), or any liability from owning them, transfers to the Client upon pickup, even if the title transfer and payment happen later. After pickup, the Client is fully responsible for all damages, costs, expenses, and storage of the Container(s). Furthermore, as detailed in the INDEMNIFICATION section, the Client shall, to the maximum extent permitted by law, indemnify and hold the Supplier harmless from all third-party liabilities arising from accidents or incidents causing personal injury or property damage after the delivery of any Container(s). It is the Client's full responsibility to inspect Container(s) for damage before leaving the dedicated depot. If the Client is not satisfied with the condition of a container, they should not pick it up. Otherwise, the Client is responsible for all expenses incurred due to return, exchange, repair, or the condition of any containers. The Client must arrange their own trucking for any containers purchased and pick them up according to the conditions specified in the Supplier’s release information (the “Release”). The Client is responsible for all freight charges, including minimum fees, stop-off charges, tariffs, assessments, and other transportation and storage charges. The Client must pick up any purchased containers within 7 business days of receiving the Supplier’s Release. After this period, the Client will be charged CAD$2.00 per TEU per day, or the depot tariff, as determined by the Supplier. The Client must pick up the exact containers specified in the Release at the dedicated depot. If the Client picks up any incorrect containers, even inadvertently, they must immediately return them at their own expense to the original pickup location at the Supplier’s Depot. The Client must inform the Supplier upon the arrival of any container at the in-gate. Complete container numbers and gate-in dates must be provided to the Supplier as confirmation of receipt. The Supplier is not liable for any loss or damage due to late delivery or non-delivery of any Container(s). In addition, the Supplier will not be liable for any claims or damages arising from delays in delivery or failure to perform caused by fires, manufacturing or transportation delays, governmental regulations, strikes, accidents, acts of nature, or any other causes beyond the reasonable control of the Supplier. Additionally, if the Supplier's ability to fulfill any sale is partially or entirely prevented or hindered by any cause, the Supplier reserves the right to cancel the affected portion or the entire contract without incurring liability.

THE CONTAINER IS BEING DELIVERED TO THE CLIENT

CONCLUSION

Subject to Section DISPUTE RESOLUTION's arbitration requirement, any disputes related to this agreement or the Container(s) must be litigated in Alberta, Canada. Both parties consent to Alberta's courts' jurisdiction. This agreement is governed by Alberta's laws, excluding any that would apply another jurisdiction's laws. If one party overlooks a breach or default by the other party, it doesn't mean they will overlook future breaches of the same or different provisions. Also, if either party delays or doesn't use their rights under the agreement, it doesn't mean they give up those rights for future breaches or defaults. If any part of this agreement is deemed invalid or unlawful by a competent authority, that part will be removed, but the rest of the agreement will remain effective as much as possible. The Supplier can change the terms and conditions of the sale at any time without notice, unless otherwise agreed in writing. By using this site, you confirm that you have read, understood, and agree to these Terms and Conditions.