General Terms & Conditions for Container Purchase

This Container Purchase Agreement (the “Agreement”) applies to your purchase of one or more shipping containers (“Container”) from Eveon Containers Inc., or any legal entity in the EVEON group of companies (collectively, “EVEON,” “we” or “us”). By purchasing a Container from us, you (“you” or “Buyer”) agree to this Agreement.

This Agreement applies only to your purchase of one or more Containers from EVEON. Rentals are subject to the EVEON RENTAL TERMS & CONDITIONS, and are not subject to this Agreement.

In the event of a conflict between this Agreement and your Container Order Confirmation, the Order Confirmation shall govern.

SECTION 19 “ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT, CLASS ARBITRATION AND CLASS ACTION WAIVER, AND PRIVATE ATTORNEY GENERAL ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST EVEON TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. Please follow the instructions in the Dispute Resolution provision below if you wish to opt out of this provision.

1. CONTAINERS. Containers sold by EVEON are used and may show signs of rust, use, damage, repair, and maintenance. Except as provided by the Warranty, you accept the Container “as is” and “with all faults.” Any models shown or depicted are for illustration purposes only and deviations, including in color, dimensions and weight, are possible. Any such deviations shall not be grounds for a claim of breach of contract or return on the basis of non-conformity of the Container.

2. ORDER. When purchasing a Container, the information you provide is used to schedule delivery and calculate the Container delivery and purchase price. Once you have made payment, we will immediately begin to process your order.

Once you have placed your order, changing any information you entered or selections you made at the time of checkout and payment may increase the price of your purchase or result in our cancellation of your order. EVEON may accept or reject changes at its discretion. You agree that changes to your order including, but not limited to, your delivery method and/or your delivery address may result in additional costs, which you agree to pay.

3. PRICING. The Container prices displayed on our website do not include sales tax or delivery charges. After you have selected a Container and a delivery method and entered your delivery address, you will see the final price of your purchase.

4. DELIVERY AND PICKUP. If you choose flatbed or tilt bed delivery, we will contact you to schedule a time for delivery of your Container. By choosing flatbed or tilt bed delivery, you agree to comply with the delivery requirements set forth in this Agreement and at www.eveoncontainers.com/en-us/delivery-requirements (“Delivery Requirements”).

You understand and agree that EVEON may engage a third party (an “Agent”) to deliver the Container. EVEON will use reasonable best efforts to comply with any estimated delivery date and time, but delivery dates and times are not guaranteed. EVEON shall have no liability whatsoever for loss or damage due to late delivery or non-delivery of any Container. If delivery cannot be made within the mutually agreed-upon delivery window, EVEON will make commercially reasonable efforts to inform you of the delay.

When we deliver your Container, we will endeavor to place the Container at a specific site (“Site”) you have selected and prepared. You represent that the Site shall have adequate size, clearance, and structural integrity to sustain the weight and size of the Container, delivery truck and any other related equipment. If we determine, in our sole discretion, that your selected location is not appropriate for any reason, you authorize EVEON to place the Container in any other area on your premises to the extent reasonably possible. You understand that we may drive on the lawn, non-paved area or any other part of the premises in order to place the Container on the Site. You assume full risk for any damage to the premises, release us from any liability resulting from the delivery and placement of the Container, and waive any and all rights of recovery related to delivery of the Container. You understand that delivery fees assessed in advance are estimates, and additional fees may be charged for delivery, re-delivery, storage or removal of the Container including, but not limited to, when deliveries require additional time, services, equipment, or if delivery fails. Additional fees will also be assessed if the Container must be delivered via access to unpaved areas.

If you do not comply with the Delivery Requirements, you are in breach of this Agreement and EVEON may, at its discretion: 1) Cancel the order without refund of the delivery fee; or 2) Re-attempt delivery at a later date and assess additional fees for delivery and other costs. Failure to comply with the Delivery Requirements may also void the Container’s Warranty.

When you purchase a Container, you may choose one of three delivery methods:

(a) Tilt Bed Delivery: If you select tilt bed delivery, the Container will be delivered on a tilt bed truck, and you are not required to provide equipment to assist in offloading the Container.

(b) Flatbed Delivery: If you select flatbed delivery, the Container will be delivered on a flatbed truck, and you will be required to offload the Container. Offloading may be conducted using appropriate offloading equipment such as a crane or forklift capable of handling minimum weight of 5,500 pounds for 20-foot Containers and 10,000 pounds for 40-foot and 40-foot high cube Containers. You are responsible for any damage that occurs to the Container during the offloading process, and such damage will not be covered by the Warranty. You will be provided a 90-minute window for offloading the Container using your own equipment. If you are unable to offload the Container during the allotted 90-minute window, you agree to pay all additional costs including any for damage, delays, or re-delivery.

(c) Pickup: If you choose to pickup the Container (“Pickup Container”), you will collect it from an EVEON location. The pickup will be scheduled at a mutually agreed time following payment, but no earlier than one day after payment. Containers must be picked up within one month of the purchase date. If the Container is not collected within this period, EVEON reserves the right to cancel the order at its discretion. Any Pickup Container is not subject to the Warranty, but is subject to the Pickup Guarantee.

5. TITLE. Title to the Container will pass to you (“Title Transfer”) when:

(a) Flatbed and Tilt Bed Delivery: the Container is unloaded at the Site.

(b) For Pickup: the Pickup Container is loaded onto your transport at the EVEON location.

6. WWT CONTAINERS. EVEON Containers are guaranteed to be Wind and Watertight (“WWT”) at the time Buyer takes possession of such Container, meaning that the doors, walls, roof/ceiling, door rubber and flooring will be free of any significant defects, structural deformities, or holes that compromise the Container’s WWT integrity. Cosmetic imperfections such as dents, scratches, and rust are normal characteristics of used containers and are not covered under the EVEON Pickup Guarantee described below, provided that they do not impair the Container’s WWT integrity.

7. PICKUP GUARANTEE. The guarantee described in this Section applies only to Pickup Containers. Pickup Containers are not subject to the Limited Lifetime Warranty below, which applies only to Containers that are delivered by EVEON or its Agents.

You agree to thoroughly inspect the Pickup Container and allow EVEON and/or its Agent to perform a conformity test. You agree that you will not take possession of any Container you believe is not WWT.

Any claim that the Pickup Container is not WWT must be reported to EVEON by email to info.usa@eveoncontainers.com within five (5) business days of Title Transfer. Such email to EVEON must include: (a) a description of the failure of WWT integrity; (b) photographic evidence of the WWT failure; (c) the Container’s identification number; (d) the Container’s location, and (e) proof of purchase. If, in EVEON’s sole discretion, the Pickup Container was not WWT before you took possession of the Pickup Container, EVEON will swap or repair the Pickup Container, such remedy to be determined at EVEON’s sole discretion (the “Pickup Guarantee”). If EVEON determines that the Pickup Container must be transported to an EVEON location for a swap or repair, EVEON will reimburse for reasonable costs associated with transporting the Pickup Container to the designated EVEON location.

8. LIMITED LIFETIME WARRANTY. EVEON offers a Limited Lifetime Warranty (“Warranty”) on all Containers delivered by EVEON or its Agents. Pickup Containers are not covered by the Warranty described in this Section 8. Pickup Containers are covered only by the Pickup Guarantee outlined in Section 7 immediately above.

If any Container subject to the Warranty loses WWT integrity and you notify EVEON in the first 365 days after Title Transfer and the Container is eligible for Warranty coverage, EVEON will either (at EVEON’s sole discretion):

• reimburse you for the reasonable cost of repair of the Container by a qualified welder;
• provide an industry standard repair patch so you may repair the Container; or
• swap the Container.

If any Container subject to the Warranty loses WWT integrity and you notify EVEON 366 days or longer after Title Transfer and the Container is eligible for Warranty coverage, EVEON will provide you with a patch to repair the Container.

You may request Warranty service by emailing EVEON: (a) a description of the failure of WWT integrity; (b) photographic evidence of the WWT failure; (c) the Container’s identification number; (d) the Container’s location, and (e) proof of purchase. EVEON will review the information and determine whether, in EVEON’s reasonable and sole discretion, the Container lacks WWT integrity and is eligible for Warranty service.

The Warranty is non-transferable and made only to the original Buyer of the Container. The Warranty applies only to Containers that are delivered by EVEON or its Agents, and not to Pickup Containers. If you choose to have the Container delivered using flatbed delivery and the Container is damaged in the offloading process, the Warranty will be void. The Warranty is also void if the Container is moved from the Site or re-positioned from where it was originally delivered by EVEON or its Agent.

The Warranty does not cover property or costs related to property within the Container. You must retain your Container Order Confirmation or other proof of purchase to be eligible for warranty service.

The Warranty does not cover damage due to:

(a) weather, acts of God or Site conditions including, but not limited to, flood, earthquake, hurricane, or other natural disaster;

(b) normal wear and tear;

(c) damage during moving or transport after delivery;

(d) use of the Container for any illegal use;

(e) failure to place the Container on level ground;

(f) abuse or modifications to the Container;

(g) improper container Selection;

(h) standard defects or errors that are considered permissible in trade;

(i) technically unavoidable deviations in a Container’s quality, color, dimensions, and/or weight;

(j) irreversible modifications made to the Container, including those that impact the Container’s structure or WWT integrity; or

(k) non-compliance with any written or emailed instructions from EVEON or EVEON’s Agent.

9. 30-DAY MONEY-BACK GUARANTEE. You may choose to return any Container for a refund, less delivery and retrieval fees, by notifying EVEON by email within thirty (30) days of Title Transfer. Containers must be returned to EVEON in the same condition as when initially delivered or picked up from EVEON’s facility. If Container is returned to EVEON with damage, the cost of repair or depreciation will be deducted from the refund.

If your Container is a Pickup Container, it must be returned to the EVEON location where it was picked up.

All returns, including returns of Pickup Containers, must be pre-arranged with and pre-approved by EVEON in writing. EVEON reserves the right to refuse any return it has not pre-approved in writing.

10. LIMITATION OF LIABILITY. EXCEPT FOR THE EXPRESS GUARANTEES SET FORTH IN THIS AGREEMENT, EVEON, ITS AFFILIATES AND AGENTS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, SUBCONTRACTORS, VENDORS, AND REPRESENTATIVES (COLLECTIVELY, EVEON’S “AGENTS”) SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, DAMAGE ATTRIBUTABLE TO REPUTATIONAL HARM, PHYSICAL INJURY OR PROPERTY DAMAGE, OR LOST REVENUE ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY CONTAINER SOLD BY EVEON, REGARDLESS OF WHETHER EVEON WAS ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENCES. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, THE CONTAINERS ARE SOLD “AS IS” AND EVEON MAKES NO REPRESENTATIONS AND GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND EVEON SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

EVEON’s liability under this Agreement shall be limited to liability for direct damage to the Container. Your sole remedy shall be, at EVEON’s sole discretion, the swap or repair of the defective Container or the reimbursement of the purchase price paid for such Container.

EVEON shall not be held liable for any liability, damage or injury caused by any third party employed or engaged by either EVEON or by you. This includes, but is not limited to, liability, damage or injury caused by any Agent engaged by EVEON for the transport of the Container.

EVEON and its Agents shall not be liable to you or any third party, including your invitees, family, employees or agents, for any personal injury arising from your use of the Container from any cause whatsoever including, but not limited to, the active or passive acts or omission or negligence of EVEON or its Agents.

11. INDEMNIFICATION. You shall indemnify, defend and hold harmless EVEON and its Agents from and against any and all losses, liabilities, costs, expenses, attorneys’ fees, fines, damages, claims, demands, causes of action and lawsuits of any kind whatsoever in any way arising from, or as a result of, or in connection with, your use of the Container including, without limitation, as a result of your breach of any obligations pursuant to this Agreement.

12. NO ORAL AGREEMENTS. This Agreement contains the entire agreement between EVEON and you, and no oral agreements shall be of any effect. You agree that you are not relying on and will not rely on any oral representations made by EVEON, any EVEON Agent or any third party purporting to modify or add to this Agreement. You agree that this Agreement may be modified only in writing.

13. NOTICES. All notices from EVEON shall be sent to the email address provided to EVEON by Buyer. You may provide notice to EVEON by emailing info.usa@eveoncontainers.com.

14. LOCAL LAWS, RULES AND REGULATIONS. You agree that your use and placement of the Container may be subject to county, city and local ordinances, rules and/or regulations including deed and homeowner restrictions and complex rules. You assume full responsibility for identifying and complying with local ordinances and for any fines and/or penalties, monetary or otherwise, resulting from your use or placement of the Container in violation of such ordinances, rules and/or regulations.

15. WAIVER. No waiver, intentional or unintentional, by EVEON of any right or provision of this Agreement shall be deemed a waiver of any of the other provisions of this Agreement.

16. ELECTRONIC SIGNATURE. You agree that any reference in this Agreement to a writing or written form may be fulfilled through an electronic record, including an electronic signature, which shall have the same legal force, effect, and enforceability as if it were made in a non-electronic form. If not signed with an original signature below and electronic signature is used, you understand and agree that you are consenting to be legally bound by the terms and conditions of this Agreement as if you signed this Agreement on paper with ink.

17. FORCE MAJEURE. EVEON shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, pandemic, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.

18. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of South Carolina.

19. ARBITRATION. In the event of any claim, dispute, or lawsuit by either party against the other arising in relation to the Container or this Agreement, the claim or lawsuit shall be submitted to binding arbitration upon the request of either party and the service of that request on the other party. The parties agree that the arbitration shall be conducted and heard by a single arbitrator to resolve the claim, dispute, or lawsuit. The arbitration must be conducted on an individual basis and you and EVEON agree not to act as a class representative or in a private attorney general capacity in any claim, dispute, or lawsuit.

EVEON retains the right to choose not to request to arbitrate any claim, dispute, or lawsuit that you bring in small claims court. The arbitration must be brought within the time set by the applicable statute of limitations as established by law. The Federal Arbitration Act (“FAA”) shall govern this arbitration agreement. The arbitration shall be conducted by National Arbitration and Mediation (“NAM”) under its comprehensive dispute resolution rules and procedures for the self-storage industry. The NAM arbitration rules and procedures may be found at www.namadr.com. You understand that you are entitled to a judicial adjudication of disputes with EVEON with respect to this Agreement and are waiving that right. The parties are aware of the limited circumstances under which a challenge to an arbitration award may be made and agree to those limitations. You and EVEON stipulate and agree that each party has had sufficient time and opportunity to consider the implications of the decision to arbitrate and that this addendum concerning arbitration represents a voluntary choice after due consideration of the consequences of entering into this addendum. If EVEON chooses arbitration, you will not have the right to litigate such claim or lawsuit in court or to have a jury trial. You are also giving up you right to participate in a class action or other collective action lawsuit or arbitration.

Both parties retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction. However, any other claims such as derivative claims including, but not limited to, claims under state or federal consumer protection statutes, conversion, negligence, breach of contract, or other violations of state or federal law, must be brought in arbitration.

ACCEPTANCE OF THIS DISPUTE RESOLUTION PROVISION IS NOT A MANDATORY CONDITION OF YOUR RELATIONSHIP WITH EVEON, AND THEREFORE YOU MAY SUBMIT A STATEMENT NOTIFYING EVEON THAT YOU WISH TO OPT OUT AND NOT BE SUBJECT TO THIS ARBITRATION PROVISION. In order to opt out of the Dispute Resolution Provision, you must notify EVEON by sending us a written, signed and dated notice that states that you are opting out of the Dispute Resolution provision. Such notices may be emailed to info.usa@eveoncontainers.com or hand delivered to 701 East Bay St., Suite 518, Charleston, SC 29403. In order to be effective, your opt out notice must be provided within thirty (30) days of your purchase. You will not be subject to retaliation as a consequence of a decision to opt out, and if you opt out you may pursue available claims and remedies in a court of law (but not arbitration). Should you not opt out within 30 days of your purchase, continuing your relationship with EVEON constitutes mutual acceptance by you and EVEON of the Dispute Resolution provision. If you opt out of the Dispute Resolution provision, you and EVEON will continue to be mutually bound by all other terms of this Agreement. The right to opt out described in this paragraph applies only to the Dispute Resolution provision and not any other provision of this Agreement.

20. SEVERABILITY. If any provision of this Agreement is held by a court to be void or unenforceable, the other provisions shall remain in full force and effect.

21. TAXES AND LEVIES. You will be responsible for any making any declarations with applicable governmental authorities. All taxes (including, but not limited to, sales tax), duties, fees, clearing costs, fines and related administrative costs associated with the purchase, transport and clearing in and out of the Container are at your own expense and risk. If not already explicitly included in the price of the Container, EVEON reserves the right to charge you any taxes incurred by EVEON, and you shall promptly remit the amount of any taxes to EVEON.