Terms & Conditions
Another Round Containers
We do have to collect your personal data when you order a container so that we can make sure your container is properly delivered to you.
We only use your personal data to complete your order.
Your data will be stored in a secure database, and it will NOT be sold to any other company.
We may have to share your data with a 3rd party to complete your delivery (example: Freight Dispatch, Delivery Driver, Insurance Company)
TERMS AND CONDITIONS:
Upon receipt of payment, your anticipated delivery date will be within 2 weeks. Our Logistics Department will contact you to coordinate the delivery details prior to delivery. **Customer purchases the equipment AS IS and Seller makes no warranties with respect to the equipment purchased, including appearance or condition. **If an order is canceled within the delivery time frame, a cancellation fee of $150 per container plus any delivery charges or gate charges incurred will be held back from total refund amount. If order is cancelled after the 2 weeks (10 business days) because of Seller’s fault, no cancellation fee will be charged, and customer will receive a full refund. **Damages and extra charges to delivery trucks and/or trailers caused by Customer’s on-site conditions shall be paid immediately by Customer upon demand directly to the delivery company or to Seller.
Another Round Containers or hired Contractors are not responsible for any damage to the Customer’s property done by the delivery driver (ground, lawn, fences, mailboxes, wires, pipes, etc.) The buyer is responsible to clear out the path of the delivery site so there are no obstacles such as mud, holes and power cables in the way and have a clear area of at least 120 feet for unloading for either a 20′ container or a 40′ container. Please let Another Round Containers know prior to delivery if you are expecting bad weather (including soft / muddy ground) so we can postpone your delivery as we want to avoid any possible damage and charges. Delivery companies cannot spend more than 30 minutes on a customer’s property. Any delays caused by customers of longer than 30 minutes will have to be paid at a cost of $100/hour directly to Another Containers.
Every Used container will have varying levels of visible surface rust, dings, and dents. They are inspected before leaving the depot to make sure there are no holes. The container cannot be rejected due to cosmetic reasons when delivered. If having rust on your Used container or the cosmetics of it is a concern, you might consider purchasing a new (One trip) container instead. Rust on a used container will not generally be a problem if the container is properly maintained and managed. Washing and painting your container will help to extend the life of your container.
WE CANNOT GUARANTEE CONTAINER COLORS.
1. SALE: Another Round Containers (“Seller”) hereby sells, and the party identified on the reverse hereof (“Purchaser”) hereby purchases from Seller, all of Seller’s right, title and interest in the equipment identified on the reverse hereof (the “Equipment”) pursuant to the terms of this Equipment and/or Services Purchase Agreement (this “Agreement”).
2. SCOPE OF WORK: Seller shall be responsible for delivering to Purchaser only the Equipment and/or rendering the services (the “Services”) specified in the attached quote (“Quote”) or scope of work document (Work Document”). Seller is not obligated to sell any Equipment or render any Service unless specified on attached Quote.
3. REGULATORY REQUIREMENTS: The Customer shall promptly execute and comply with all Federal, State and Local statutes, ordinances, and all other regulatory requirements (including any state or local building codes) applicable to the Services. Unless the quote states that Seller is responsible for obtaining permits for the Container, Customer shall be solely responsible for obtaining all permits necessary to set and occupy the Container.
4. SITE CONDITIONS: Unless otherwise specified in the Quote, Customer shall be solely responsible for providing a safe, level, and compact site with appropriate accessibility for any services. Customer shall be responsible for additional costs related to site conditions deemed unacceptable or inadequate by Seller.
5. ACCEPTANCE: Upon completion of the Services, Seller will request acceptance of the Equipment (“Acceptance”) by Purchaser. The purchaser shall have the right to inspect all Equipment (“Inspection”) prior to Acceptance. Inspection and Acceptance will not be unreasonably delayed or refused. Purchaser may submit a written list to the Seller for elements of the Equipment that is not accepted by Purchaser (the “Punch List”). Seller will use reasonable commercial efforts to resolve all Punch List items in a reasonable and timely manner. Purchaser’s use of the Equipment or payment in full acknowledged Purchaser’s full Acceptance of the Equipment and satisfactory completion of the Seller’s responsibilities under this Agreement.
6. WARRANTIES: Seller extends and assigns all manufacturer’s warranties related to the Equipment. There are no additional warranties. Warranty Disclaimer- EXCEPT FOR THE MANUFACTURER’S WARRANTIES, WHICH ARE HEREBY ASSIGNED TO PURCHASER, PURCHASER AGREES THAT THE EQUIPMENT, THE SERVICES RENDERED BY SELLER AND OTHER ITEMS DELIVERED TO PURCHASER ARE DELIVERED “AS IS, WHERE IS” WITH ALL FAULTS AND DEFECTS. SELLER HEREBY DESCAILMS, AND PURCHASER HEREBY WAIVES AND RELEASES, ALL LIABILITIES AND ALL OBLIGATIONS OF SELLER, AND PURCHASER AGREES THAT SELLER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT PURCHASED BY THE PURCHASER OR THE SERVICES RENDERED BY THE SELLER, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANT ABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, QUALITY, DESIGN , WORKMANSHIP, CONDITION, STORAGE CAPACITY OR COMPLIANCE WITH LAW.
7. INDEMNIFICATION: Customers shall indemnify, hold harmless, defend and reimburse Seller and its Directors, Officers, Shareholders, Employees, Agents, Affiliates and Assigns (collectively, the Seller Related Parties”) from and against all losses, damages, death, claims, injuries, costs and attorney’s fees, whether or not caused by the concurrent negligence of the Seller Related Parties, arising from (a) the loss of, damage to or destruction of the Container or its contents (the “Contents”) due to collision, forces of nature, fire or other causality , (b) damage to Customers goods or property caused during storage in or transport of the Container or the Contents thereof, (c) Customers breach of this agreement, (d) the use, maintenance, operation, ownership, transport or rental of the Container by Customer or Customers Agents, (e) any pollution, contamination, environmental impairment and/or similar condition directly or indirectly caused by or resulting in whole or in part from Customers use of the Container or (f) any environmental statutory or regulatory compliance requirements applicable to the Container ( or any use thereof) and required under any and all foreign or domestic federal, state, local laws, treaties, ordinances, regulations, codes, rules, orders, guidelines, policies or requirements of any governmental authorities, which regulate or impose standards of liability or conduct concerning air, water, soils, wetlands and watercourses, solid waste, hazardous waste and/or materials, worker and community right-to-know, noise, resource protection, health protection and similar environmental , health, safety and land use concerns as may now or at any time hereafter be in effect. The indemnification obligations of the Customer hereunder shall survive the termination of this Agreement.
8. SELLER’S REMEDIES: In the event of any default by the Purchaser under this Agreement, the Seller may; (a) declare the entire amount under this Agreement immediately due and payable. Without notice or demand to the Purchaser, (b) sue for recovery of all payments, and other payments, then accrued of thereafter accruing, (c) take possession of the purchased and any parts thereof, without demand or notice, wherever the same shall be located, without any court order or process of law and (d) sue for damages for loss of business profits, loss of revenue, labor costs, all expenses associated with the pickup of the purchased equipment, attorney fees or any other consequential damage.
9. ATTORNEY FEES AND FORUM SELECTION: In the event of any dispute arising under or in connection with this Agreement or any action to enforce this Agreement or to remedy a default or breach hereunder, the prevailing party therein should be entitled to recover from the non-pre-vailing party all costs and expenses related to such proceeding or claim, including, without limitation, reasonable attorneys’ fees, and expert witness fees. All claims brought by Seller against Purchaser or Purchaser against Seller shall be subject to and governed by the law of the State of Washington, venue for such claims shall be solely in and subject to the jurisdiction of Yakima County, Washington, and no other jurisdiction.
10. SENDING OF NOTICES: For purposes of any notice required Seller represents that its principal place of business is located at 600 Tieton Rd, Tieton, WA 98947. Purchaser represents that its principal place of business is located at the address set forth in the Quote. Notice mailed to the office of the Purchaser or Seller (P.O. Box 1094, Naches, WA 98937) shall constitute enough notice to comply with the terms of this Agreement. Notices emailed to Seller at firstname.lastname@example.org should also constitute enough notice to Seller.
11. ENTIRE AGREEMENT: The terms of this Agreement are intended by the Purchaser and Seller as a final expression of their agreement with respect to such terms and as a complete and exclusive statement of such terms. This Agreement may not be modified or rescinded in any manner except by the written agreement of both Seller and Purchaser. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
ANOTHER ROUND CONTAINERS
PO Box 1094, Naches, WA 98937