Terms and conditions

TERMS OF SALE

• These terms outline the agreement between Viva Containers LLC and the Buyer for the Equipment as described in the Invoice.
• All sales are made conditional upon Buyer's acceptance of these Terms.
• Ownership title transfers to the Buyer upon pick up.

ORDER CONFIRMATION

Written orders are binding and subject to Equipment availability.

GUARANTEES & WARANTIES

30-Day Money Back Guarantee: Full refund minus delivery costs and handling fee per container if requested within 30 days.

Condition Guarantee: Varies by container condition, with exclusions and remedies described in detail.

• NEW (One-Trip) Containers 10-year warranty on doors (to open and close properly to secure contents), floors (free of holes), and roofs (free from leaks).
• Cargo Worthy (CW) and Wind and Water Tight (WWT): 1-year warranty on doors (to open and close properly), floors (free of holes), and roofs (free from leaks). c. Exclusions: The warranty does not cover defects caused by misuse, alterations, normal wear and tear, etc.

Viva Containers LLC will repair, or arrange for repair, any equipment within this guarantee period not meeting the conditions above. This guarantee excludes cosmetic appearance. Viva Containers LLC will send ISO-approved patches for holes. Purchaser acknowledges containers may exhibit surface rust, dents, and scratches, consistent with normal wear and tear. 1-Trip containers may show signs of one-time use, such as forklift tire marks, light dents, or scratches. This is rare but possible.

WARRANTIES DISCLAIMER

Except for the guarantees listed in Section 3, Viva Containers LLC disclaims all representations and warranties, either express or implied, including:

• Design, condition, availability, operation, or fitness for use of the equipment.
• Fitness of the equipment for any particular use or purpose.
• Conformity of the equipment to specifications required by any jurisdiction. Viva Containers LLC shall not be liable for any claim, loss, or damage caused or alleged to have been caused by the equipment, including lost profits or special, consequential, or exemplary damages.

DELIVERY

Viva Containers LLC facilitates delivery through third parties and bears no responsibility for damages during transportation.. The customer is responsible for the specified location for drop-off and any issues during delivery, including truck retrieval or towing.

Viva Containers LLC shall not be liable for loss or damage due to late or delayed delivery. The customer shall follow U.S. Department of Transportation guidelines for lost, stolen, or damaged equipment in transit. If an order is canceled, fees may apply, including cancellation, restocking, and other direct expenses.

REMEDIES/WAIVER

Viva Containers LLC's remedies are in addition to other legal remedies. Failure to insist on performance or waiver of a breach is not a waiver of any other term, condition, or subsequent breach.

ASSIGNMENT

The Purchaser may not assign this Agreement without Viva Containers LLC's prior written consent. No third-party assignments without Viva Containers LLC written consent.

ENTIRE AGREEMENT

This Agreement embodies the complete understanding of the parties. Revisions must be in writing and signed by both parties.

INDEMNIFICATION

Purchaser shall defend at its expense and indemnify and hold harmless Viva Containers LLC, its agents, and employees from any claims, losses, damages, liabilities, actions, costs, and fees (including attorney’s fees) related to the sale, use, or disposition of the Equipment.

CUSTOMER PICKUP AND STORAGE PAYMENT

Equipment must be picked up within 14 days from the Sale Date, or storage fees of USD 10.00 per container applies. Overdue payments will incur a service charge.

TAXES, CUSTOMS, COMPLIANCE WITH LAWS

The Equipment has been used solely for international transportation and is located at the pickup location under temporary admission permission pursuant to the Convention on Temporary Admission (Istanbul Convention) and relevant international and domestic laws. The Equipment has not been qualified for any other use. Purchaser agrees to assume liability for and pay all taxes, fees, and charges, including but not limited to sales or use taxes, VAT, and other governmental charges connected with the intended use or sale of the Equipment by Purchaser. Purchaser shall also indemnify and hold Viva Containers LLC harmless from any penalties, fines, or interest thereon.

FORCE MAJEURE

Neither party is liable for uncontrollable events causing delays or failure in performance.

LAW AND JURISDICTION

Claims may be litigated in Newark, Delaware, U.S.A. This agreement shall be construed according to Delaware law.