TERMS & CONDITIONS OF ONLINE SALE
DEFINITIONS
Within these Terms and Conditions the following expressions shall have the following meanings:-
‘The Client' shall mean the person, firm or company who has requested the Supplier to provide Goods or Services or with whom the Supplier contracts for the provision for Goods or Services through the VT Store.
'Goods' shall mean the articles, which the Company agrees to sell to or buy from the Client.
The ‘Company’ shall mean Lion Containers Ltd.
‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by a Director of the Company.
The term ‘new container’ is used to describe a container that has been transported, by sea, containing cargo on one occasion; this can also be described as a ‘one way tripper’. Due to the nature of this equipment, ‘new’ containers may have bangs, scrapes, rust, corrugation damage and paint damage.
The term ‘used container’ is used to describe a container that has been transported on at least one occasion, by sea, containing cargo, a ‘used container’ may have also been used for storage, road transport or a variety of other reasons. Due to the nature of this equipment, ‘used’ containers may have bangs, scrapes, rust, corrugation damage and paint damage.
An A Grade container is a good quality used container, a B Grade container is a budget container which may require some repairs. A container is only suitable for shipping if a CSC Plate is included on the customer order confirmation.
These terms and conditions shall apply to every transaction with third parties unless they are varied in writing by a Director of Lion Containers Ltd, ‘the Company’.
GENERAL
Unless otherwise stated by the Company upon the face of any quotation or acceptance of order, these terms and conditions shall be incorporated into any contract made between the Company and any person, firm or company with whom it contracts, and shall prevail in case of any inconsistency between any other terms or conditions in any contract.
Our transport and delivery quotation is based on the information provided by you, it is the customer’s responsibility to ensure the information on the Customer Order Confirmation is accurate so as to avoid delivery and product issues, if this information is not accurate, you must advise Lion Containers of any amendments in writing. If, at any time these details change or if important information has not been included, we reserve the right to amend our charges accordingly with any further charges being invoiced following the delivery and will be paid by the customer in full on receipt of invoice.
All purchase orders and acceptance of quotations made to the Company shall be deemed to incorporate these terms and conditions to the exclusion of any conflicting terms and conditions submitted by any person, firm or company with whom the Company ultimately contracts.
There shall be no variation from these Terms and Conditions unless separately stated in writing by the Company prior to formation of any contract.
Any order or invitation to treat or acceptance from a client which incorporates any term or condition in conflict with the these Terms and Conditions or which extends the liability of the Company from these Terms and Conditions shall not be incorporated into any contract with the Company, unless expressly done in writing by a Director of the Company prior to formation of any contract.
All descriptions of Goods in catalogues, brochures and price lists provided by the Company are intended to be illustrative only and do not form part of the Contract. All typographical, clerical or other error or omission in these documents will be subject to correction without any liability on the part of the Company. The Company will not be responsible for any loss or damage resulting from reliance on such documentation.
The transport quotation does not include the possibility of the container being lifted over obstacles, the vehicle driving over grass or mud or any other non-standard off-load. If there is any variance to the standard off-load the customer will be invoiced accordingly following delivery and will be paid by the customer in full on receipt of invoice.
We reserve the right to amend this contract/these terms without prior notice.
Please contact us should you require a full breakdown of our terms and conditions to which you agree to upon placing an order.
From time to time Lion Containers Ltd may send you offers and news by e-mail or post, if you would rather not receive these updates please contact a representative from Lion Containers Ltd in writing to advise your wishes stating your full name, company name, address and e-mail address. Please be assured that your details will not be passed to any 3rd parties and we do comply with anti-spam laws.
By placing an order with Lion Containers Ltd, verbally, in writing or by making payment, you agree to these terms and conditions.
These conditions and the conditions of the customer order confirmation will always prevail over any other conditions including a customer’s own conditions of supply.
Should an issue arise with any area of a customer order, the complaints procedure will be issued and should be followed by the customer in all cases.
Any images provided are, unless otherwise specified, indicative of the series type of a container held on file, they are not of the specific container being delivered and terms relating to condition should be noted at all time.
The person signing or agreeing to the Terms and Conditions of Sale and Customer Order Confirmation warrants that he/she has the authority of the Customer to make the contract on the Customer’s behalf. Lion Containers Ltd. shall be entitled to treat the Customer as contractually bound by these terms and conditions.
GUARANTEE
All goods supplied by the Company is carefully examined and tested before leaving its works. The Company, therefore, gives the following guarantee which supersedes any conditions or warranty implied by statute, common law or otherwise:
If, within twelve months from the date of supply of Goods, any defect or fault is discovered in any instrument of its manufacture, due, in its sole opinion, to faulty material or sub-standard workmanship, it undertakes to make good the defect, at its discretion, by repair or replacement, without charge PROVIDED that notice is given to it immediately on discovery of any defect and that the defective instrument or parts thereof are forwarded to it, carriage paid and suitably packed.
The guarantee does not apply to defects caused by ordinary wear and tear, misuse, neglect, or by circumstances over which the Supplier has no control.
The Company’s responsibility in all cases is limited to the cost of making good such defects in its workshops.
All Goods supplied under these conditions, which are not supplied by the Company, shall, upon their installation by the Client or by the ultimate user, be tested to ensure that they are installed correctly and in working order. The Company shall not be liable for any defects or damage arising out of incorrect installation or bad workmanship.
It is a condition of this Guarantee that the equipment shall be serviced in accordance with the manufactures/suppliers recommendation.
QUALITY
The quality and description of the Goods shall be set out in the Company’s specification.
The Company may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
Any contractual description of the Goods by the Company relates to the identity of the Goods but only if it relates to a central characteristic of the Goods or to a substantial ingredient in their identity.
LIABILITY
The Company shall not be liable for any losses including economic or consequential loss howsoever arising from the supply of Goods by the Company.
ACCEPTANCE OF THE GOODS
The Client shall be deemed to have accepted the Goods 12 hours after delivery to the Client.
After acceptance the Client shall not be entitled to reject Goods that are not in accordance with the Contract, other than in accordance with The Consumer Protection (Distance Selling) Regulations 2000.
RISK
Risk shall pass on delivery of the Goods.
Any dates quoted for delivery of the Goods, or commencement or performance of the service, are approximate only and the Company will not be liable for any loss or damage suffered by the Buyer caused by any reasonable or unavoidable delay.
The detail provided on the customer order confirmation is a full and comprehensive detail of the customer order as Lion Containers Ltd understands it. It is the customer’s responsibility to ensure that the customer order confirmation document includes all items ordered to the specification and detail ordered, described and required; failure to do so may result in inaccurate equipment being delivered for which Lion Containers Ltd accept no responsibility.
The customer understands and hereby acknowledges that all equipment is sold on a strict “as Is” basis, Lion Containers make no warranties or representations whatsoever expressed or implied as regards to the fitness of the equipment for any particular purpose or use in any particular environment or country.
No equipment supplied by Lion Containers Ltd. is suitable for any specific use including shipping or storage unless explicitly described as such in the customer order confirmation.
Equipment is delivered to the customer or made available for collection when the Company makes them available at which point risk of the equipment passes to the customer. Time shall not be of the essence in respect of delivery or collection.
Lion Containers Ltd shall not under any circumstances be liable for any direct, indirect or consequential loss of (but not limited to) profit, market or delay consequences, howsoever caused.
OWNERSHIP OF GOODS
Even if the goods have been delivered and risk in the goods has transferred to the buyer, ownership of the goods will not pass to the Buyer until the Company has received in cash or cleared funds payment in full of the price.
Until such time as ownership of the goods passes to the buyer, the buyer will hold the goods on behalf of the Company and will keep the goods properly stored, protected and insured as the Company’s property.
Until such time as the ownership of the goods passes to the Buyer, the Company will be entitled at any time to require the Buyer to return the goods to the Company.
PRICES
The Company’s prices for sales are subject to change; the actual price to be paid for the Goods will be as the current list price ruling at the time of dispatch.
All prices are subject to Value Added Tax at the standard rate (net and VAT applied prices are displayed within each product listing) and no further discounts shall be applicable.
The prices quoted by Lion Containers Ltd are valid for 7 days; discounted prices are valid for 24 hours unless otherwise agreed in writing by Lion Containers Ltd. No equipment is reserved and all equipment remains the property of Lion Containers Ltd until delivered to, paid for and signed for by the customer.
CREDIT
Any Client order is accepted subject to the Client’s credit being approved by the Company.
The Company may in its absolute discretion at any time prior to delivery require payment of the price in whole or in part before making delivery to the Client.
The Company shall only deliver Goods and services to the Client after the Company has received satisfactory credit approval or pro-forma payment has been received.
PAYMENT
Unless otherwise stated in writing by the Company, payment is due to the Company for any Goods supplied immediately during the checkout process.
At the discretion of and upon request by the Company, the Client shall pay the amount requested by the Company on pro-forma invoice prior to the issue of Goods to the Client.
Retention of Title – Regardless of credit terms offered, until the equipment purchased has been paid for in full and payment has been cleared, Lion Containers Ltd retain the title of the equipment sold, until payment has been cleared in full and written confirmation from Lion Containers Ltd has been provided, the equipment cannot be submitted as assets or capital to administrators, liquidators or creditors should the customer enter into forced or voluntary liquidation or administration or be liable for any debts to creditors.
If a customer is paying for their order via international payment, the customer is liable for both parties’ bank charges and must select ‘remitter to pay all charges’ at the time of making payment. Should Lion Containers Ltd. be charged by their bank, an invoice will automatically be generated for £20 + VAT which is payable immediately.
SUSPENSION OR CANCELLATION OF DELIVERY
The Company reserves the right to suspend, delay or cancel the delivery of some or all the Goods, or require advance payment for them if the Client is or reasonably appears unable to pay its debts, and in those circumstances the Company shall also retain any other rights it has against the Client.
The Company shall be entitled to postpone any delivery until the Company has received full payment.
The company reserves the right to suspend or cancel the delivery of Goods or supply of services without notice if the Client fails to make any payment as and when due to the Company.
Any and all guarantee arrangements shall immediately become invalid should there be any breach of the conditions contained herein.
Should the Client incur penalties or damages through any subsequent third party arrangements or agreements, the Company shall not be held responsible or liable nor shall the Company accept any charges resulting from any such penalties or damages.
INABILITY TO SUPPLY
Should the Company not be able to perform the services ordered for reasons beyond its control (including failure by the Client to supply delivery or other instructions) or on account of industrial disputes or, in the case of stock items, on account of stock being exhausted, the Company reserves the right to cancel any order subsequent to acknowledgement of it upon giving the Client reasonable notice and the Company shall not then be liable for any loss thereby caused.
FITNESS FOR PURPOSE
The Client must satisfy itself that the Goods supplied are fit for its purpose, as this is not guaranteed by the Company, and all warranties express or implied are hereby excluded.
Accommodation units (e.g. offices, canteens, toilets, drying rooms, etc...) have not been electrically tested prior to leaving our depot unless specified on the customer order confirmation. “As-Is” equipment has not been re-furbished in any way and is sold as seen unless specified on the customer order confirmation. This equipment does not carry any guarantees. “Used” equipment does not carry any guarantees either and is sold in quality used condition. All accommodation equipment have individual specifications which vary between units, specific units are only supplied as detailed in the customer order confirmation. If a specific unit has been quoted on, this must be detailed in the customer order confirmation, otherwise, the container will be supplied on a “next in stack” basis, this also applies to the supply of containers
CONTAINER MODIFICATIONS
Unless otherwise outlined, all conversions work, including painting, will be carried out to what Lion Containers consider ‘industry standard’. Any images supplied of accessories offered are indicative only and may reflect a bespoke order, It is therefore the customer’s responsibility to advise Lion Containers of any bespoke specification of container works prior to order, if a specification of any accessory (for example but not limited to: racking, lighting, heating, painting , locks, lockboxes) Lion Containers will provide the next available option, if a bespoke specification is required by the customer this must be detailed on the Customer Order Confirmation to guarantee receipt of this item type. All conversion works are payable upfront and non-refundable due to the bespoke nature of the works.
Modifications to shipping containers may/will invalidate the CSC plate depending on the level of modification. Following modification, the CSC plate will be removed. No testing for shipping, load bearing, lifting or safe working loads will take place unless expressly detailed at quote stage.
Cut down or custom built containers (anything other than 20ft & 40ft long) are not a standard ISO container and therefore will not carry a CSC plate. If testing for shipping, load bearing, lifting or safe working loads are required, this should be expressly detailed at quote stage.
Grafo-therm treatment is applied to the roof only unless otherwise clearly stated on the signed customer order confirmation.
Please be advised that we do not supply a lockbox and lock unless otherwise stated in the customer confirmation.
If Lion Containers Ltd or any of Lion Containers Ltd.’s employees offer advice in the form of designs, drawings, specifications or verbal advice it is provided strictly on the basis that it is for guidance only, and without any responsibility being accepted. The onus is on the Customer to verify the accuracy and appropriateness of any such advice and to accept or reject the advice accordingly, no legal liability shall attach to Lion Containers Ltd. or Lion Containers Ltd.’s employees and the Customer will indemnify Lion Containers Ltd. from any claims by any person whatsoever for.
Any additional works required by the Client must be instructed to the Company in writing at a cost to be agreed in writing, such additional works shall be fully chargeable by the Company and the Client shall pay such additional costs.
In the event that the Client fails to instruct the Company to undertake any additional works, then the Company shall incur no responsibility for penalties or damages howsoever arising in consequence of such additional works either not being undertaken or their not being undertaken at any particular time.
DELAY IN DELIVERY
The Company shall not be liable for any loss or damage whatever due to failure by the Company to deliver the Goods promptly or at all.
Notwithstanding that the Company may have delayed or failed to deliver the Goods promptly the Client shall be bound to accept delivery and to pay for Goods in full, provided that delivery shall be tended at any time within six months of the delivery date.
Time shall not be deemed to be of the essence of the Contract, and no liability will be accepted by the Company for any loss, including economic or consequential losses or damages arising from the delay in delivery or failure to supply or deliver by a quoted date.
DELIVERY
Delivery of Goods shall be made to the delivery address stated during the checkout process and the point of delivery shall be nearest suitable and reasonable off load point for any heavy goods vehicle.
No container deliveries will be completed without full acceptance of the customer order confirmation during the checkout process.
If a delivery is aborted for any reason we will be charged by the haulier for the original delivery and the return of the
container back to depot, if the site is not accessible or the customer has omitted any information or not provided sufficient
information in writing to Lion Containers Ltd which results in a delivery abort, we have no choice but to pass on these
charges along with any related charges (e.g. gate in fees, depot charges, etc…) to the customer. The aborted transportation
charge will be the amount Lion Containers Ltd have been charged by their contracted haulier, not the amount shown at
check out or on the customer order confirmation regardless of any discounts or special transportation rates initially
offered to the customer. A copy of the original transport order to the contracted haulier can be provided upon request.
It is the Customer’s responsibility to ensure that the ground that the container(s) is/are being delivered on is flat and hard standing. Land with an incline can cause issues in opening container doors and can cause the container to rack. Our haulage contractors will not be held accountable, whether a site visit has been completed or not, for any issues relating to un-even ground
It is the Customer’s responsibility to ensure that the ground that the container(s) is/are being delivered on is flat, hard standing and of suitable material. It Is the Customer’s responsibility to provide a suitable base for siting the container(s).
By placing an order with Lion Containers the customer agrees in full to both container sale and delivery terms.
It is the customer’s responsibility to obtain from the driver a signed copy of the arrival and departure times. This document is also required to name the driver.
In the event of a vehicle incurring damage during a delivery i.e. hitting a gate post due to insufficient or tight access, neither we, nor the haulage contractor, will accept responsibility for any damage caused to property belonging to you or a third party. The customer is liable to meet any costs incurred through the damage of the vehicle.
Should the delivery need to be cancelled, a minimum of 48 hours’ notice (working days; Saturdays and Sundays are not working days) is required, prior to 8am. We reserve the right to charge the delivery cost and vehicle return cost, plus any further costs incurred by Lion Containers, in the event of insufficient cancellation notice or failure to fulfil this contract.
Unless otherwise specified by the customer in writing, and accepted by Lion Containers in writing, the delivery includes a basic off-load of the container(s) parallel with and immediately next to the site of the vehicle between 7am-8pm, Monday to Friday. The delivery charge includes 30 minutes on site, extra time on site is charged at £49 + VAT per hour, chargeable in hourly units i.e. 15 minutes will be charged at £49 + VAT etc. The delivery vehicle will require adequate turning space to deliver and position the container. Whilst estimated time of arrivals are provided, delays are sometimes caused by but no limited to, depot delay’s, traffic delays, weather etc. due to this no exact time can be given for deliveries, all delivery times are a best endeavour and Lion Containers Ltd take no responsibility for any delays course by such circumstances, the only way a guaranteed delivery time can be given is by booking the vehicle for the whole day.
Accessories ordered may be delivered with the container or may be delivered separately to your premises, we will provide you with this information as quickly as possible, and it is your responsibility to be available to receive these items when you have been advised of a delivery date.
The container, regardless of size may be delivered on a vehicle up to 68ft in length and in excess of 10ft wide - by placing an order with Lion Containers Ltd, unless advised and agreed otherwise in writing, you confirm that your delivery site has sufficient access for a vehicle this size.
Any delivery time or date is an estimate only and Lion Containers Ltd will not be liable for any consequential loss arising as a result of late delivery.
The time required to enable the Company to provide its Goods and services to the Client is set out with the Company’s quotation, and shall not be subject to change, unless specifically agreed in writing by the Company.
The Client shall be responsible for providing the Company with unimpeded access to any premises where the Goods are to be delivered or provided with all services available to the Company to enable it to discharge its responsibilities effectively and on time
INSPECTION
Although there would normally be permission for the Client’s representative to visit the Company, such permission is not automatic.
STATUTORY REQUIREMENTS AND INTELLECTUAL PROPERTY
Whilst every effort is made to meet known statutory requirements and not to infringe any patents or trademarks belonging to any third parties, the Company cannot warrant that the design, construction and quality of Goods to be supplied comply with all relevant requirements of any statute, statutory rule or order, or other instrument having the force of law which may be in force at the time of supply and further that the sale or use of the Goods by the client would not infringe any patent, trade mark, trade name or registered design.
The Company has developed and is the beneficial owner of the intellectual property rights in all software programmes that are incorporated in its Goods. No part of these programmes may be copied, reproduced, modified or adopted by any user without the supplier express licence in writing.
CONDITIONS OF CLIENT'S ORDERS
The Company shall only accept the Client's order subject to the terms and conditions contained herein.
The Goods and/or services described within the Company's quotation (offered via the online store) shall only be accepted on an official order or purchase transaction made via the online store and shall not be subject to any sub contract order or terms or conditions thereof, or any other terms or conditions offered by the Client unless separately agreed in writing by a Director of the Company.
DESIGN
Any design undertaken by the Company, which is associated with the Goods, is based upon information and details provided by the Client, and is carried out in good faith.
Details of documentation and details provided by the Client upon which any design is based are set out in the Company’s quotation or offer via the online store.
In the event of the Client failing to provide the Company with all details necessary to provide an accurate design, the Company shall incur no responsibility or penalty for any failure associated with or arising from any design produced nor shall the Company be liable for any damages arising whether in contact or not.
The Company shall not incur any liability for non-conformance, or non-compliance in the event that the performance of the Goods is affected by circumstances not made known to the company at the time of issuing any design.
THIRD PARTY
The Company shall not be responsible for, nor shall they accept any penalties, costs, or damages, as a result of any undertakings from a third party.
The Company shall not accept or be required to accept any undertakings or conditions offered to the Client by or from any third party.
SET OFF
The Client shall not be entitled to set off any amounts due to the Company against any one contract against any other contract made between the Client and the Company.
HEADINGS
The headings in these conditions are for guidance only and shall not used in any way in the interpretation of their meanings.
PROPER LAW
These conditions and any contract of which they form part shall be governed and construed in accordance with English Law and the Client and the Company submit to the non-exclusive jurisdiction of the English Courts.
ERRORS - OMISSIONS
In the event that any quotation by the Company is found to contain an error or omission then the Company reserves the right to amend the same and shall be entitled to reimbursement in consequence thereof.