An Auction and Marketplace for Shipping and Cargo Containers

Terms of Use Agreement

WELCOME TO THIS WEBSITE. CONTAINERAUCTION.COM OFFERS THIS SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THIS SITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US AT INFO@CONTAINERAUCTION.COM.

GENERAL USE RESTRICTIONS

ContainerAuction.com or third parties granting rights to ContainerAuction.com and its affiliates hold all rights, titles, and interests in and to the materials on this Site, which are the copyrighted work of ContainerAuction.com and its affiliates. ContainerAuction.com grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. Pictures and descriptions from this site cannot be reproduced on any other site. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to "frame" or "mirror" the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of ContainerAuction.com.

Third Party Interaction and Links to Third Party Sites

When using this Site, you have to be aware that links to third party sites and advertisements of products/services are only there for your convenience. The contents, warranties or any other representations in those ads are NOT those of ContainerAuction.com. You acknowledge that ContainerAuction.com and its affiliates are hereby RELEASED by you from any legal or financial responsibility that may stem from your use/purchase of anything from third party advertisers/sponsors. The service may be financially beneficial for ContainerAuction.com in some instances.

The links or advertisements/pop ups are provided for your convenience only. You acknowledge that ContainerAuction.com and its affiliates do not make ANY representations in those ads. Our site is simply a medium that provides a place for posting of such ads/links

Disclaimer of Warranties

Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials/services on the Site. The products have not been independently verified or authenticated in whole or in part by ContainerAuction.com. ContainerAuction.com does not warrant the accuracy or timeliness of the descriptions/pictures of goods that are purchased by our affiliated licensed auto dealers through services that are provided by ContainerAuction.com, its affiliates or independent third parties. You hereby release ContainerAuction.com from any liability for any errors or omissions in the descriptions/pictures, whether provided by ContainerAuction.com or third parties.

THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. CONTAINERAUCTION.COM AND ITS AFFILIATES, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. CONTAINERAUCTION.COM AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF CONTAINERAUCTION.COM AND ITS AFFILIATES HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEMBER: ContainerAuction.com is merely a marketing service that cannot guarantee, verify, or warrantee information about the products or the products themselves, which are placed on the Site by third parties or affiliates of ContainerAuction.com.

Joining and bidding on listings at ContainerAuction.com.

Inaccuracies and Errors

The descriptions, pictures and other representations of products on this site may contain inaccuracies and/or errors. ContainerAuction.com and its affiliates do not make any warranty or representation with respect to the accuracy or completeness of any such information.

You acknowledge that prices and availability of products, descriptions of which are provided on this site may change without notice to you at any time pursuant to the sole discretion of our affiliated licensed auto dealers, ContainerAuction.com and its affiliates.

Risk of Loss

Buyer takes full responsibility and assumes all risk of loss for all containers purchased from the time the Seller accepts Buyer's bid. From and after acceptance of Buyer's bid Buyer acknowledges that that storage facility is acting as bailee of Buyer's containers until such time as the containers are removed from those premises. Buyer agrees that under the terms of the bailment, 1) ContainerAuction.com, the Seller, or the storage facility itself shall not be responsible for damage to or loss of the containers or parts thereof due to operational procedures in place at all of those facilities, from acts of theft or vandalism, or acts of God; 2) Storage facility shall only be responsible for damage to or loss of the vehicle or parts thereof caused by the direct willful or grossly negligent act or omission of that Storage facility; and 3) ContainerAuction.com, the Seller or the storage facility shall not be responsible for any claim of damage made after the vehicle has left the storage premises. In the event ContainerAuction.com, the Seller, or the affiliated storage facility is responsible, damages shall be limited to the lesser of i) the amount of the diminution in value of the vehicle as reasonably estimated by the storage facility, or ii) the purchase price (in which case Buyer shall return the vehicle to the dealer that purchased the vehicle). ContainerAuction.com through its affiliated dealers may, in its sole discretion, resell the vehicle at a sale, and the difference between the original sale price and the resale price shall be conclusive as to the amount of diminution of value, if any.

Import/Export Issues. It is the responsibility of the buyer to comply with customs import procedures applicable to foreign title containers. Customs inspection, import fees and proof of emissions compliance may be required.

Container Condition and History Disclaimer.

ALL CONTAINERS ARE SOLD "AS-IS WHERE-IS"

All containers sold through ContainerAuction.com are sold "AS-IS WHERE-IS", WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
ContainerAuction.com and its affiliated dealers expressly disclaim the accuracy or completeness of any and all information provided to Buyers regarding containers, whether provided in written, verbal, or digital image form ("Container Information"). Container Information provided by ContainerAuction.com and its affiliated dealers is for convenience only. Buyers shall not rely on Container Information in deciding whether or how much to bid on a container offered for sale through ContainerAuction.com. Container Information includes but is not limited to: year, model, condition, damage amount, damage type, container identification number ("BIC"), title, repair history, and title history.

ContainerAuction.com and its affiliated dealers expressly disclaim any and all representations, warranties, and guarantees regarding containers sold through ContainerAuction.com's website. Certain jurisdictions permit containers to be sold with missing BIC tag, and as a result ContainerAuction.com and its Sellers do not guarantee that containers are equipped with any or all BIC tags. ContainerAuction.com and its affiliated dealers do not guarantee that containers meet or can be modified to meet local emission and/or safety requirements. It is the sole responsibility of Buyer to ascertain, confirm, research, inspect, and/or investigate containers and any and all information regarding the type, condition, status, and history of containers prior to bidding on them.

Registration Laws Disclaimer. ContainerAuction.com and its affiliated dealers do not guarantee that any container sold can be legally registered in any state or country, and Buyer accepts all risks associated with variations in container title and registration laws between states, provinces, and countries that may negatively impact the marketability of containers purchased through ContainerAuction.com's website

Local Laws and Import/Export Control

ContainerAuction.com and its affiliates controls and operates this Site from its headquarters in Cheyenne, Wyoming and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

Terms of Use Revisions

ContainerAuction.com may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.

APPLICABLE LAW AND CHOICE OF FORUM

Any action related to these Terms will be governed by the law of Cheyenne, Wyoming, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Cheyenne, Wyoming, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site. You, the customer, hereby agree that any and all litigation related to ContainerAuction.com and/or its affiliates shall be litigated only in Wyoming Courts under the laws of the Wyoming. This choice of forum and applicable law shall only apply in regards to the relation between ContainerAuction.com and their customers. In regards to the agreement of sale between the seller and the buyer it is left to their decision, which law and which jurisdiction shall govern their relationship.

Unauthorized Activities

Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold CONTAINERAUCTION.COM AND ITS AFFILIATES, and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party if your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.

Any Items offered through this site are offered by licensed professional dealers.

OUR SERVICES ARE AVAILABLE ONLY TO, AND MAY ONLY BE USED BY INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, OUR SERVICES ARE NOT AVAILABLE TO CHILDREN (PERSONS UNDER THE AGE OF 18) OR TEMPORARILY OR INDEFINITELY SUSPENDED CONTAINERAUCTION.COM MEMBERS.

IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK AND THE REMAINING PROVISIONS SHALL BE ENFORCED. YOU AGREE THAT THIS AGREEMENT AND ALL INCORPORATED AGREEMENTS MAY BE AUTOMATICALLY ASSIGNED BY CONTAINERAUCTION.COM AND ITS AFFILIATES.