A Proud Arizona Company
STANDARD TERMS & AGREEMENT
1. ACCEPTANCE: This order is binding. Acceptance of all the following terms and conditions of this order shall take place when the order is placed.
2. WARRANTIES: All containers sold by Affordable Storage Containers LLC. (hereinafter "Seller"), are guaranteed, with the exception of "AS-IS" grade containers, to arrive in the condition as described by the Seller and accepted by the Buyer and to be wind and watertight.
3. AS-IS: For containers in the "AS-IS" grade, Buyer bears the entire risk as to the quality and performance of the container. Should the container prove to be defective following the purchase, the Buyer, and not the Seller, shall assume the entire cost of necessary servicing and/or repairs.
4. COMPLIANCE WITH THE LAW: In accepting this order, Seller warrants and represents that it has, and will continue during the performance hereunder, to comply with relevant provisions of the Federal, State and local laws and regulations.
5. TRANSPORTATION: "Transportation" includes picking up the container from the Seller's depot and delivering it to the Buyer's chosen site. The majority of the Seller's containers require an area 100' in length to properly and safely place the container. The driver of the vehicle delivering the container ("Driver") will NOT and is NOT required to put him/herself, others, or his/her equipment in harm's way. It is the Buyer's responsibility to ensure the site where the container is to be placed is prepared to accept delivery on the scheduled delivery date. Additional time spent at the Buyer's location beyond what is deemed by the Driver to be reasonable and customary will incur additional charges of $125 per hour to be billed directly to the Buyer's credit card on file. Once the Driver arrives at the Buyer's location with the container, transportation charges incurred are non-refundable. Further, if for some reason the transportation company is required to back haul a container, the Buyer's account will be charged at a rate of one and one-half times the original mileage. Once the Driver is dispersed to pick up the container, the Buyer is 100% responsible for the transport cost reflected on this invoice.
6. STORAGE FEES: Shall be billed in the amount of $125 per month, per container, to the credit card on file for any client arranging their own transportation in 2 weeks after release numbers are issued unless prior arrangements with the shipping department have been made. Any client using Affordable Storage Containers LLC transport will be billed the same rate for any delivery pushed out past the first 30 days of the order processing date.
7. CANCELLATION/TERMINATION: Once this order is processed, it is non-cancellable except in extreme circumstances and with the prior written consent of Seller. In the event Seller waives the termination provision, a fee equal to 10% of the invoice shall be assessed to the Buyer to cover the administration and other re-stocking costs and fees associated with brokering shipping containers. Under no circumstances may an order for a modified container be cancelled. Once a container is modified to the Buyer's specifications, the Buyer is responsible for the entire invoiced amount. Buyer is responsible for any and call credit card processing fees incurred on their behalf.
8. JURISDICTION/VENUE: Any action, dispute, claim or grievance relating to this order shall only be instituted and prosecuted in the courts of MARICOPA COUNTY, AZ. Buyer specifically consents to such jurisdiction and to such extraterritorial service of process relating to this order.
9. ATTORNEY FEES: In any dispute arising from or in any way relating to this order, including but not limited to, litigation or arbitration, the prevailing party shall be entitled to recover its attorneys' fees and costs from the other party.
Buyer shall be present for the inspections and dropping of the container. once the container has been inspected and dropped from the trailer the Buyer releases the Seller from any further liability regarding container quality, position, etc. It is the responsibility of the Buyer to inspect the container prior to removing it from the trailer.
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