Terms and Conditions of Sale

Last Updated as of September 18th 2024.

These Terms and Conditions of Sale constitute a binding agreement (“Agreement”) between the “Seller” and the “Buyer.” If the Seller issues a document containing separate Terms and Conditions for the sale, those terms shall take precedence over this Agreement. By engaging in any transaction, both parties accept and are bound by the terms outlined herein.

1. Definitions

• “Seller” refers to the entity providing the equipment for sale.

• “Buyer” refers to any individual or entity purchasing from the Seller, which may include shippers, carriers, consignees, agents, or any party acting on behalf of the purchaser. The Buyer is responsible for sharing these Terms and Conditions with any such parties.

• “Confirmed” denotes mutual agreement by both parties on the sale, including price.

2. Condition of Sale
All equipment listed in the sales release is sold strictly on an “AS IS / WHERE IS” basis. The Seller makes no warranties or guarantees, express or implied, including but not limited to warranties of merchantability, fitness for a specific purpose, or compliance with applicable laws or safety regulations. The Seller is not liable for any direct, incidental, or consequential damages related to the equipment.

3. Equipment Pick-Up
Buyers are required to collect the equipment within seven (7) business days of receiving the release information. Failure to do so may result in the Seller canceling the transaction. A confirmed sale implies acceptance of these Terms and Conditions, regardless of whether they are physically signed by the Buyer.

4. Storage Fees
If the equipment is not collected within the specified 7-day period, a storage charge of $10 per day will be incurred starting on the 8th day.

5. Cancellation Policy
If the Buyer breaches these Terms, the Seller reserves the right to cancel the transaction. Confirmed sales are subject to a 10% cancellation fee, plus applicable storage fees. If the Buyer cancels before release details are provided, the cancellation is free of charge. If the Buyer cancels after receiving release information, a 70% refund will be issued, with 30% retained to cover losses.

6. Payment Terms
All invoices are due immediately upon receipt. Release details will not be provided until full payment is made. If payment is delayed, a 1.5% monthly interest will be charged on any outstanding balance. In the event of non-payment requiring collection efforts, the Buyer agrees to pay an additional 35% handling fee, attorney fees, and any administrative costs associated with collection.

7. Force Majeure
The Seller will not be held liable for any failure to perform obligations due to events beyond its control, including but not limited to natural disasters, strikes, or unforeseen disruptions. Such non-performance will not be considered a breach of this Agreement.

8. Right of Lien
The Seller reserves the right to place a lien on the Buyer’s property in order to recover unpaid amounts. A written notice will be sent to the Buyer detailing the amount due and any additional charges. This notice must be acknowledged within 48 hours of receipt.

9. Taxes and Fees
The Buyer agrees to cover all taxes and fees related to the transaction, including but not limited to sales tax, VAT, transfer duties, registration fees, and other levies, except taxes based on the Seller’s income. The Buyer will indemnify and hold the Seller harmless from any tax liabilities arising from the purchase.

10. Neutralization Obligation
The Buyer is solely responsible for removing any prior ownership labels, branding, or ID plates from the equipment after purchase. Any legal claims or liabilities resulting from failure to properly neutralize the equipment will be the Buyer’s responsibility. The Buyer agrees to indemnify and defend the Seller against such claims, including legal fees.

11. Title and Risk Transfer
Ownership of the equipment remains with the Seller until full payment is received. Once the equipment is delivered, all risks—including damage, loss, or third-party claims—transfer to the Buyer. The Seller is not liable for any incidents arising from the Buyer’s use, resale, or handling of the equipment.

 

SMS Terms & Conditions Section

1) SMS Consent Communication:

The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

2) Types of SMS Communications:

If you have consented to receive text messages from Wave Container Corp., you may receive messages related to the following:

– External discussion

Example: [Wave Containers] Hello, please send a copy of your inventory list for review. Thank You Reply STOP to opt out.

3) Message Frequency:

Message frequency may vary depending on the type of communication. For example, you may receive up to 2 SMS messages per week regarding your appointments or account status.

4) Potential Fees for SMS Messaging:

Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

5) Opt-In Method:

You may opt-in to receive SMS messages from Wave Container Corp in the following ways:

By submitting an online form (Case to Case Basis)

6) Opt-Out Method:

You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

7) Help:

If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at info@wavecontainers.com

Additional Options: If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

8.) Standard Messaging Disclosures:

Message and data rates may apply.

You can opt-out at any time by texting “STOP.”

For assistance, text “HELP” or visit our Privacy Policy page and Terms and Conditions section.

Message frequency may vary