Mediterranean Containers

Terms and conditions

Disclaimer of warranties/consequential damages.

PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER SHALL HAVE NO LIABILITY
TO PURCHASER FOR ANY CLAIM, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE
BEEN CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY THE
EQUIPMENT, 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. UNDER NO CIRCUMSTANCES SHALL SELLER BE
LIABLE HEREUNDER FOR ANY LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SELLER
DISCLAIMS AND PURCHASER WAIVES ANY WARRANTY REGARDING THE OPERATION
OF MACHINERY OR TYPE OF REFRIGERANT REFRIGERATED CONTAINERS MAY
CONTAIN. IN THE EVENT ANY EQUIPMENT SURVEYS ARE PERFORMED AT THE
REQUEST OF PURCHASER, SUCH SURVEYS SHALL BE CONDUCTED BY AN
INDEPENDENT THIRD PARTY ON BEHALF OF PURCHASER. SELLER DOES NOT
GUARANTEE THE ACCURACY OF ANY SUCH SURVEY

Taxes, customs, compliance with laws.

Prior to sale to Purchaser, 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 related
international and domestic laws. The Equipment has not been qualified in any jurisdiction for any
other use. Purchaser agrees to assume exclusive liability for and to pay, to prepare all necessary
filings (including VAT filings that may be required under the reverse-charge provisions), indemnify
and hold SELLER harmless from all sales or use taxes, transfer, title and registration fees, VAT,
domestication, personal property taxes or other taxes, tolls, levies, imposts, duties or government
charges imposed in connection with the intended use of the Equipment by Purchaser, the sale of
Equipment, or any services rendered by SELLER in connection with this sale of Equipment,
including any penalties, fines or interest thereon.

Indemnification.

Purchaser will defend at its own expense and indemnify and hold harmless Seller, its agents,
employees and indemnities from and against any and all claims, losses, damages, liabilities,
demands, actions, costs, expenses and fees (including attorneys’ fees) arising out of, or in
connection with, the sale of the Equipment to Purchaser or any subsequent use, operation or
disposition of the Equipment.

Remedies/waiver.

The remedies reserved to Seller herein shall be cumulative and in addition to any other or further
remedies provided by law. Seller’s failure to insist on performance of any of the terms and conditions of this Agreement, or Seller’s waiver of any breach, shall not act as a waiver of any
other term or condition or any subsequent breach.

Assignment/entire agreement. refund?

Purchaser may not assign this Agreement nor any of its rights or obligations herein without
Seller’s prior written consent, which consent may be withheld for any reason. It is understood and
agreed that this Agreement and the applicable invoice embodies the complete understanding of
Purchaser and Seller relative to this sale. The parties may modify this Agreement only by a
writing both have signed.

Jurisdiction and law.

This Agreement shall be construed and interpreted according to the laws of the State of
California, USA excluding its conflict of laws rules. The United Nations Convention on the
International Sale of Goods shall not apply to this Agreement. Any claim or controversy arising
out of or relating to this sale, may be referred to arbitration in San Francisco county, in the state
of California, USA before a single arbitrator appointed by the American Arbitration Association or
may be litigated in the state or federal courts located in San Francisco county, in the state of
California, USA. Seller and Purchaser hereby consent to be subject to the jurisdiction of such
arbitration or courts and to waive any objection to the venue of such arbitration or courts and not
to assert any defense of forum non conveniens. Seller and Purchaser agree that service of
process upon the other in any action or arbitration may be made by mailing a copy (by registered
or certified mail or commercial courier with receipt required) postage prepaid, addressed to the
respondent Party at the address shown on the invoice. Service shall be complete seven (7) days
after such process has been sent to the respondent Party. Purchaser agrees to pay Seller’s costs
and attorneys’ fees in any action or arbitration brought to enforce any of the provisions of this
Agreement. Nothing herein shall affect the right of either Party to serve legal process in any other
manner permitted by law or affect the right of either Party to bring any action or proceeding
against the other Party or its property in any other court of competent jurisdiction.

ADR provision.

The parties shall follow the steps bellow in a consecutive order:
Step One
Negotiation
In the event of any dispute, claim, question, or disagreement arising from or relating to this
agreement or the breach thereof, the parties hereto shall use their best efforts to settle the
dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with
each other in good faith and, recognizing their mutual interests, attempt to reach a just and
equitable solution satisfactory to both parties. If they do not reach such solution within a period of
60 days, then, upon notice by either party to the other, all disputes, claims, questions, or
differences shall be finally settled by arbitration administered by the American Arbitration
Association in accordance with the provisions of its Commercial Arbitration Rules.

MONEY BACK GUARANTEE DOES NOT INCLUDE TRUCKING

We understand sometimes plans change, but please note that returned equipment will be
refunded less trucking charges (including the additional cost of picking up the container).
Mediterranean Containers is here for you. If you order a shipping container and it doesn’t arrive, doesn’t match
the description, arrives damaged or doesn’t arrive at all, we’ve got you covered. Our Buyer
Protection Policy is designed to give you piece of mind in knowing you’ll receive the exact
container you purchased.
It is possible to cancel an order, but the amount of refund depends on the stage of the order. You
can cancel an order at any time before sending funds for no cost. If you’ve paid but we haven’t
processed your order yet, you will receive a refund of 100%, less applicable banking fees. If we
have processed your order and your container has been allocated (made already for you),
surveyed, moved to the depot releasing area or has been shipped to you, you can still cancel
your order, HOWEVER you will be subject to a 10% restocking fee plus reimbursing the full costs
of the modified work if any, shipping / trucking, surveying, depot-storage, and banking fees.
If you order a shipping container and the delivery driver can’t drop at your preferred delivery site,
the driver will drop your container at the next closest suitable location. If you refuse delivery for
any reason or if we have to take container back to the yard and ask customer to pick up, we will
offer free storage for a month. After one month, the current storage fees apply.
One the container is delivered, and you’ve performed you’re physical inspection and/or have
signed for delivery, then it’s your container to do what you wish. So, it’s important your perform a
thorough inspection on the container during delivery. For Example; A week after delivery, you
can’t return it and ask for a refund because you don’t like the color. etc,. In addition, if the area
you prepped for delivery doesn’t support the weight of the container and it gets damaged because
of this, you are not covered.

 CONTAINER LEASE

Customer (“you”) hereby lease from Mediterranean Containers (“Mediterranean Containers”) all units and equipment (including
stairs) identified on the reverse hereof and any future substituted or added units (collectively,
“Units”). This Master Lease will govern all future rentals unless agreed in writing otherwise.
Unless identified in writing as a sale, you shall not acquire any ownership interest in any Unit. The
term of a Unit lease (“Lease”) commences upon the date of delivery of a Unit and continues on a
monthly basis (each a “Period”) until terminated as provided herein. You agree to pay Mediterranean Containers the lease charges, sales and prorated personal property tax assessments or comparable
amounts, delivery, pickup and fuel charges, Loss Limitation Waiver charge, waiting time charges
if delivery/pickup exceeds one hour on-site, and other charges set forth in invoices delivered to
you (collectively, “Charges”). Unless agreed to otherwise by Mediterranean Containers, all Charges are due
monthly in advance without demand. Charges and terms of this Lease are subject to change
upon notice to you and shall be effective upon the earlier of payment by Customer of its next
invoice or the next Charges due date. You shall owe all Charges for each Period regardless of
the number of days Units were on-rent and there will be no return of Charges in the event a Unit
is returned prior to the end of a Period. You shall pay as liquidated damages (not a penalty) $25
(and any bank fees) for dishonored checks and 15% of unpaid pretax Charges after each
Charges’ due date. If you have provided Mediterranean Containers with credit card information, you authorize
Mediterranean Containers to charge your credit card for all Charges. Following each Period, each Lease shall
renew automatically for additional Periods until you give Mediterranean Containers at least 5 working days
notice to terminate a Lease. You shall pay in advance the deposit indicated to secure your
performance of a Lease. The deposit will be returned if you request in writing within 30 days of
Unit’s return in undamaged condition or revert to Mediterranean Containers for its own account if not so
requested. Mediterranean Containers may apply the deposit for damage and any other Charges and you will
replace such deposit amounts if Units are still on rent.

WARRANTY DISCLAIMER

You shall maintain the Unit in good condition. You are responsible to weekly inspect the Unit’s
interior and exterior to assure it is in good working condition. You shall keep each Unit free from
all liens and grant Mediterranean Containers a contractual lien and security interest (as of the date any Charges are unpaid and due) on all Contents and proceeds thereof to secure payment of Charges.
Mediterranean Containers MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE, PERFORMANCE, QUALITY, DESIGN, CONDITION, SAFETY OR
SECURITY OF UNITS OR Mediterranean Containers FACILITIES OR COMPLIANCE WITH LAW AND YOU
AGREE YOU HAVE SOLELY DETERMINED THAT THE UNITS ARE SUITABLE FOR YOUR
INTENDED USE. You lease the Units “as is.” Mediterranean Containers shall not be liable for any damages, loss of profits, loss of or damage to property stored in or around the Units, loss of income, personal injury, death or other damages, direct or indirect, consequential or otherwise of you or your agents or invitees for any reason. You shall indemnify, hold harmless, defend and reimburse
Mediterranean Containers and its directors, officers, employees, and agents (“Mediterranean Containers Related Parties”) from and against all losses, damages, death, claims, injuries, costs and attorney’s fees arising directly or indirectly from (i) the use, delivery, removal or condition of Units, (ii) the loss of, damage to or destruction of Units and/or Contents (iii) any fine, liens, tax, penalty, towing, impound or other charges arising from your use of the Units or (iv) your breach of this Lease. Units shall not be attached or affixed to real property. Customer acknowledges that it will not store above the maximum value and weight of Contents of Units set forth on Mediterranean Containers rental documents and
such value shall be conclusive as to the maximum value of all Contents. Individual items shall be
limited to $.60 per pound up to the Content maximum value. This maximum value is significant
consideration in the establishment of rental price

INSURANCE

Neither you nor your insurer shall have any claim (direct or by way of subrogation) against
Mediterranean Containers or MC Related Parties for any loss or damage to any property resulting from any casualty. INSURANCE FOR UNIT CONTENTS IS YOUR RESPONSIBILITY–Mediterranean Containers
DOES NOT PROVIDE ANY INSURANCE. You will provide prior to delivery or upon request a
Certificate of Insurance naming Mediterranean Containers as loss payee and additional insured with coverage
equal to the Unit replacement cost. The policy shall be acceptable to Mediterranean Containers in its discretion and provide for 30 days notice to Mediterranean Containers prior to cancellation or modification.


Miscellaneous

Mediterranean Containers may terminate this Lease at any time without notice for any reason whatsoever. You release any claim that Mediterranean Containers has duties of a bailee or under “warehouseman” laws. Each of
the following constitute an “Event of Default:” (a) you fail to perform any term of any Lease, (b)
you have bankruptcy, reorganization or insolvency proceedings threatened or instituted, or (c) if
Mediterranean Containers has a reasonable belief of an anticipatory default by you. upon an Event of Default Mediterranean Containers may, without legal process or notice, terminate a Lease, enter any premises where a Unit is located, repossess Units, remove any locks on your property or Units, remove Contents without regard to their protection or pursue any other remedy available. You irrevocably grant Mediterranean Containers unrestricted access to your property and permission to enter day or night, remove locks, disconnect attached utilities and repossess Units. If a Unit is repossessed, Mediterranean Containers is approved in advance to remove Contents or exercise its lien and hold Contents and you shall
have no claim against Mediterranean Containers for damaged Contents. If you do not pay all Charges due and remove all Contents from Mediterranean Containers premises, you grant Mediterranean Containers permission to dispose
of/sell Contents in accordance with applicable state law and apply net proceeds to unpaid
Charges.

Delivery terms and conditions

■Mediterranean Container outsources delivery to local providers at or near cost to help simplify the
purchase process for customers without trucks. Customer waives Mediterranean Container of any/all liability associated with product delivery.
■ Delivery truck should be able to pick up or offload containers within 30 minutes after
arrival. Site delays are subject to $50 fee for every additional 30 minutes.
■ The driver has the right to refuse delivery, pickup or relocation if he believes it is
unsafe to proceed. This includes getting stuck, tight spots, uneven surfaces or items in
the way.
■ Delivery charges and/or dry runs will be charged for each attempt. Customer agrees to
pay all towing charges resulting from any attempted delivery, pickup or relocation.
■ Customer agrees that the on-site delivery, pick up or relocation will be under the
direction, instruction and control of the Customer and his agents or representatives.
■ Customer represents and warrants that he has surveyed equipment location site and
the access thereto and has conclusively deemed that our vehicle can enter and
operate safely and effectively to complete the assignment.
■ You understand that Mediterranean Container is not be liable for loss, damage or delay caused by
events Mediterranean Container cannot control.
■ Customer releases Mediterranean Containers from liability and any claims for damages, costs, both
direct and indirect, to the roadways, grounds, buildings, fences, property,
underground, landscape, and vehicles.