Terms & Conditions of Container Sales
The Selling Party: GATEWAY CONTAINER INTERNATIONAL LIMITED (the “Seller”)
The Purchasing Party:The Party which be offered by Seller (the “Buyer”)
1. Seller’s quotation is valid for 3 days unless otherwise specified.The price is subject to change without notice.
2. Seller’s quotation supersedes any previously quoted rate.
3. Seller’s quotation is subject to Stock Available. The stock subject to change without notice. "first come first service".
4. Seller has no obligation for the quotation before the reconfirmation of Buyer’s acceptance by written.
5. Seller’s quotation is based on the information provided. Any change in that will result change in the quotation.
6. Unless otherwise specified, Seller’s quotation does not Include the following:
- Choice of individual product;
- Shifting charges for the choice, photograph, Inspection & etc.;
- Inspection & Survey Report, Service available upon request;
- Insurance coverage;
- Storage charges due to exceeding of free time, if any.
- Extra shifting charge due to congestion in the depot at the time of pick-up;
- All charges due to wrong, delayed or incomplete instruction from Buyer.
- Extra charge due to extreme whether or war, strikes, riots, rebellion, insurrection, lock-outs or Acts of God.
- Any service hasn't been stated in Seller’s quotation.
7. Payment Term: Buyer’s 100% pre-payment due on sight of Seller’s invoice unless otherwise agreed.
8. Bank Charges:Each party should be responsible for his own bank transaction fees. Seller does not agree that buyer’s bank transaction fees to be deducted from the payment.
9. All Equipments are sold “AS IS”, “WHERE IS” for use in international trade.
10. Released by random: Unless otherwise specified, the Equipments are released by random, the Specifications of each Equipment are random.
11. Delivery term: The delivery term is “EX-WORKS”, Under this Incoterm, Seller is responsible for making the goods(Equipment) available to buyer from Seller’s premises or an appointed place (such as a wharehouse or depot). Once Seller have made the goods(Equipment) available then is no longer responsible for them. The buyer must arrange and pay for the transport having taken delivery of the goods. The buyer is responsible for the goods(Equipment), and anything that happens to them having taken delivery of them. EXW means that the buyer carries all the risk and bears the entire cost for the movement of the goods(Equipment) once they are made available at the seller's premises.
12. Payment and delivery:The total purchase price for the Equipment as designated in the relevant Invoice (the “Purchase Price”) shall be paid to the Seller by the Buyer, unless otherwise specified in that Invoice, by check or wire transfer prior to delivery of the Equipment to the Buyer. Upon the Seller’s receipt of the Purchase Price from the Buyer the Equipment shall be deemed delivered by the Seller to the Buyer at the location(s) specified in that Invoice. The Buyer shall be deemed to take delivery of the Equipment on the date of payment of the Purchase Price and shall pay any and all charges (including any storage charges) that accrue following delivery.
13. Late Payment:If Buyer delays payment beyond invoice due date, then an additional late payment fee equal to one percent (1%) per month of the outstanding shall be rendered. Payment of late payment fees will be due upon presentation of the invoice.
14. Title:Upon final payment of all monies due in respect of the relevant Equipment under any Invoice(s), title to the Equipment shall pass to the Buyer. Liability for loss or damage to the Equipment, and loss or damage to property or cargo of any person and for personal injury (including death) to any person arising out of or incident to the ownership, possession, operation, control, use, or maintenance of the Equipment shall pass to the Buyer on delivery or deemed delivery of the Equipment.
15. Late Delivery or Non-Delivery: Seller shall have no liability whatsoever for loss or damage due to late delivery or non-delivery of the Equipment.
16. Remedies.In the event Seller fails or refuse to perform its obligation hereunder to deliver the Equipment to Buyer, then, provided Buyer is not then in default hereunder, Buyer shall be entitled to terminate this Agreement. As used in this Agreement, the terms “deliver” and “delivery” includes the use of any a designated location. Under any circumstances, any claim by Buyer against Seller shall be limited to the refund of any sums previously paid by Buyer on account of the purchase price, if any, and liquidated damages in the amount of USD20/Equipment, but, in no event shall Seller be responsible for any claimed incidental or consequential damages. The parties agree that said sum is a reasonable estimate of the damages Buyer would suffer for breach or non-performance by Seller hereunder. In the event Seller tenders the Equipments for delivery in accordance with the terms of this Agreement and Purchaser fails or refuses to perform its obligations hereunder and pay the purchase price for the Equipments, at Seller’s option, in addition any other remedy available to Seller, Seller shall be entitled to terminate this Agreement.
17. Taxes, duties, charges and other liabilities: The Equipment will be in a duty and VAT suspended state under the temporary importation procedures applicable to equipment used in international trade. The Buyer accepts that all rights and obligations relating to these procedures transfer to the Buyer upon completion of the sale. The Buyer further agrees that the Equipment will not be resold or otherwise disposed of in any country unless the Buyer pays all applicable taxes, customs or import duties or other charges including (but not limited to) any such charges necessary to domesticate the Equipment in accordance with the laws of that country. If upon the Seller passing title to the Equipment the Buyer does not take immediate steps to domesticate the Equipment, the Buyer undertakes to arrange forthwith re- exportation of the Equipment from the country where it is located as at the time of sale. The Seller makes no warranty or representation as to the prior payment or current applicability of such taxes, duties or other charges, either in the United States or elsewhere. Any sales, transfer, turnover, value added, excise or other taxes (except net income taxes imposed on Seller) applicable to the sale and delivery of the Equipment shall be borne by the Buyer and the Buyer shall provide the Seller with proof of payment of any such taxes, duties or other charges upon Seller’s request. The Buyer shall, upon demand, reimburse the Seller for any such taxes, duties or other charges paid by the Seller. The Buyer accepts full responsibility for compliance with domestic laws and regulations relating to the Buyer’s ownership and use of the Equipment and further agrees to use, operate, maintain, and dispose of the Equipment (including any component parts thereof or any generators or other parts attached thereto) in full and complete compliance with manufacturers’ recommendations and all applicable environmental laws, rules and regulations.
18. NO WARRANTIES:All the Equipments are used and are sold “AS IS”, Seller disclaims, and Buyer waives and releases Seller from, any and all representations and warranties, either expressed or implied, as to any matter whatsoever, including without limitation: (A) The design, condition, availability, operation, merchant ability of the equipments or fitness of the equipments for any particular use or purpose of Buyer or any other use or purpose; and (B) The conformity of the Equipments to the specifications required by any country or subdivision within which the Equipments may used. Buyer acknowledges and agrees that Seller shall have no liability to Buyer for any claim, loss or damage caused or alleged to have been caused directly, indirectly, incidentally or consequentially by the Equipments, or by any inadequacy thereof or deficiency or defect therein, or by any incident whatsoever in connection therewith whether arising in strict liability or otherwise.
19. Additional Services: Upon Buyer’s entrustment, Seller’s operation for Inspection, Pick-up, Transportation, Forwarding, Delivery, Interchange or any operation of the Equipment or the relevant documents, will be deemed to act on Buyer’s behalf. Principal-agent relationship is between Buyer & Seller.
20. Interchange of the Release Order: Release Order is issued or forwarded subject to the receipt of Purchase Price by Seller. Buyer should specify an Email Address for receiving of the release order. If there is no written notice to specify the Email Address from Buyer, Seller will send the Release Order to the Email Address which has been used to provide the proof of payment or Purchasing Order. It will be deemed that Seller has released the Equipment to the Buyer. Buyer should keep confidential for the Release Order & the relevant information. Any loss if occurred due to the disclosing of any or all the information by Buyer, will be on Buyer’s responsibility. Buyer has the responsibility to pick up the Equipment in time according to the Attentions, Terms & Conditions of the Release Order.
21. Pick-Up: The Equipment should be picked up within 10 days after the Release Order has been issued or forwarded. Thereafter Seller has the right to charge to the buyer storage rates amounting to USD2/Day/20’, USD4/Day/40’. The buyer is requested to recheck in advance with the respective depot whether the units are ready for pick up. In case that is not done by Seller cannot be held responsible or any consequential costs are wasted haulage etc.
22. Governing Law: This Agreement shall be governed by and construed in accordance with the substantive laws of Hong Kong, and shall in all respects be deemed to be a contract of Hong Kong. The United Nations Convention on Contracts for the International Sale of Goods(the Vienna Convention) shall not apply to the transactions contemplated by this Agreement. The prevailing party in any proceedings brought to enforce this Agreement shall be entitled to recover its reasonable fees and expenses incurred, including attorney’s fee and expenses.
23. Unless we receive your objections within 24 hours, These terms & conditions shall apply.