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EVEON Containers Inc. - April 2022
General Terms & Conditions of business
EVEON GROUP OF COMPANIES ONLINE SHOP GENERAL TERMS & CONDITIONS OF BUSINESS (www.eveoncontainers.com) dated April 2022
Article 1 – When do these general Terms & Conditions apply?
1.1. These general Terms & Conditions (these “Conditions”) apply to all offers, agreements, purchase orders and acts performed by Eveon Containers Inc., or any legal entity in the EVEON group of companies (“EVEON”), relating to the purchase of container(s) by a buyer (the “Buyer”). These Conditions apply to the legal relationship between EVEON and the Buyer, including after the agreement has ended.
1.2. The “Buyer” is any legal person entering into a contract with EVEON. The term “container(s)” covers all types of containers available from EVEON.
1.3. Unless, and only to the extent expressly agreed to in writing by EVEON and the Buyer, no additional, conflicting or differing terms and conditions, whether contained in the Buyer’s purchase order or otherwise, shall be binding on EVEON. EVEON hereby expressly rejects all terms and conditions not contained herein, whether sent to or received by EVEON prior to or after the date of any applicable contract for sale between EVEON and the Buyer.
Article 2 – Types of containers.
2.1. EVEON sells used containers. Since the container(s) is/are used, the Buyer is not the first owner and user of the object of sale. Used containers may have been used multiple times for freight transport by sea over a longer period of time and may show signs of rust and other signs of use or damage, as well as signs of repair and maintenance. The Buyer accepts the container(s) “as is” and “with all faults”. EVEON will use its best efforts to ensure that, if necessary, used containers are repaired in accordance with applicable standards and that the containers are suitable for freight, subject to EVEON’s Quality Guarantee and 30-day Money-Back Guarantee, set forth in Articles 6 and 7 respectively.
2.2. The models shown or listed are for illustration purposes only, and deviations, including deviations in color, dimensions and weight, are possible. Any such deviations shall not be grounds for a claim of breach of contract on the basis of non-conformity of the container(s). EVEON only provides the guarantees specified in Articles 6 and 7 of these Conditions.
Article 3 – How does the order process work?
3.1 The order process works as follows:
3.2. The Buyer is responsible for providing the correct information during the ordering process. The Buyer will be charged for costs incurred as a result of or related to incorrect information, including delivery to a different address than the one provided during the payment process. EVEON shall not be liable for any damages caused by incorrect information provided by the Buyer.
3.3. After the Buyer has completed the order in EVEON’s online shop by paying the purchase price of the container(s) and any additional costs, the delivery process will proceed automatically, and the order may not be cancelled.
Article 4 – Payment conditions.
4.1. The prices displayed on the website are in Canadian dollars and do not include sales Tax (if applicable). The applicable sales Tax amounts will be shown on product pages after you enter your postal code or choose your pick-up location, before payment is made.
4.2. If the Buyer selects the “delivery” option for the delivery method, the associated delivery costs, excluding sales Tax (if applicable), will be provided. All delivery costs will be at the Buyer’s expense.
4.3. Delivery will only take place after EVEON has received payment. Payment must be made immediately on ordering. If for any reason, including cancellation of payment or charge back, payment is not received by EVEON prior to delivery, Article 11 applies.
Article 5 – How is delivery carried out and when is the risk of loss of the container(s) passed on to the Buyer?
5.1. There are always two delivery methods to choose from:
(a) Collection of the container(s) by the Buyer 'ex works' at the container depot. The collection takes place at a time to be agreed between EVEON and the Buyer after payment. This time is at the earliest one day after payment in accordance with Article 3. The Buyer has a maximum of 1 month to collect the containers, after which EVEON is entitled to process the order at its own discretion.
(b) Delivery to the location specified by the Buyer by a third party carrier selected by EVEON to transport the container(s). The Buyer can request a preferred delivery date in the online shop. EVEON and the third party carrier will try to meet this preferred delivery date.
5.2 Title to and risk of loss of the container(s) is passed on to the Buyer:
(a) For pick-up ex-works at EVEON: when loading the container(s) on to the Buyer’s means of transport at the container depot.
(b) For delivery to the Buyer’s specified location: as soon as the transport company unloads the container(s) at the location selected by the Buyer.
5.3. EVEON will use reasonable best efforts to meet the delivery deadline. Failure by EVEON to meet a delivery deadline will not be considered a breach or default by EVEON, and the Buyer shall not be entitled to any damages or compensation resulting from such failure. Without limiting the generality of the foregoing, EVEON is not bound by any delivery deadline that cannot be met due to circumstances beyond EVEON’s control, or that is caused by third-party carriers engaged by EVEON or by third parties in EVEON’s supply chain. 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 delivery window preferred by the Buyer, EVEON will inform the Buyer of this delay.
5.4. If EVEON’s performance of any delivery is prevented or hindered, in whole or in part, by any cause whatsoever, EVEON has the right to cancel, without any liability on its part, any portions or all of the affected order. The Buyer waives all rights to claims in any form based on EVEON’s late delivery, non-delivery or cancellation.
5.5. The Buyer is obliged to ensure that the delivery requirements (“Delivery Requirements”) of EVEON are met and to do everything necessary to ensure that someone is available to receive the delivery when the container(s) is/are delivered. The Delivery Requirements form an integral part of these Conditions.
The Delivery Requirements can be found on the EVEON website at: https://www.eveoncontainers.com/en-ca/delivery-requirements. A copy of the Delivery Requirements will be sent to the Buyer by EVEON upon written request by the Buyer.
5.6. If the Buyer does not timely and properly accept the container(s) to be delivered in accordance with the Delivery Requirements, or otherwise does not meet the Delivery Requirements provided by EVEON, the Buyer will be considered in default without further notice, and EVEON will be entitled to the full invoice amount for the container(s) in addition to any other available legal or equitable remedies. EVEON will also be entitled at its sole discretion, regardless of its other legal rights, to leave the container(s) to be delivered unattended at the premises of the Buyer, to take back possession of the container(s) and/or store the container(s) at the Buyer’s risk, and all costs associated with any storage or removal will be at the Buyer’s expense.
5.7. If the Buyer fails to comply with the Delivery Requirements in accordance with Section 5.5 and/or fails to accept a delivery in accordance with Section 5.6 and, after a reasonable cure period set by EVEON, the Buyer fails to timely and properly accept the container(s) to be delivered in accordance with the Delivery Requirements, EVEON will no longer be bound by its obligations towards the Buyer.
Article 6 – Quality guarantee.
6.1. Subject to the provisions of this Article 6, EVEON guarantees that at the time of delivery the containers will be wind and watertight, and there will be no significant defects, structural deformities, holes or damaged seals that directly compromise the wind and watertight integrity of the container.
6.2. If the Buyer invokes the guarantee stated in Section 6.1, EVEON, in its sole discretion, will offer the Buyer a refund of the cost of repair of the container(s) or will arrange for a complete replacement of the container(s).
6.3. Cosmetic imperfections such as dings/dents, scratches and rust, are normal for a used container after being used for many years as a shipping container. Any such minor imperfections, which do not impair the wind and watertightness of the container, do not fall under the guarantee set forth in Section 6.1.
6.4. Upon delivery of the container(s), the Buyer or its representative shall inspect the container(s) and carry out a conformity test. EVEON’s recommendations for inspection of container(s) is provided in the Delivery Requirements. The Buyer shall notify EVEON of anything that directly compromises the wind and watertight integrity of the container(s) by e-mail within five business days after delivery. Any such notification shall include photos of the applicable container(s), which clearly identify:
(a) any leakages or damage compromising the wind and watertight integrity of each such container;
(b) the container number of each such container; and
(c) the location of each such container.
If Buyer fails to provide adequate notification in accordance with this Section 6.4, or the photographic documentation provided by Buyer is deemed insufficient by EVEON, in its sole discretion, the container(s) will be deemed accepted without any defects on the fifth business day after delivery. Once the container(s) is/are accepted or deemed accepted, the Buyer can no longer invoke the guarantee set forth in Section 6.1.
6.5. If a return is made under Section 6.1, EVEON will arrange for the transport of the container(s) from the Buyer’s premises to the container depot if necessary. The transport costs of a return under Section 6.1 will be at EVEON’s expense.
Article 7 – 30-day Money-Back Guarantee.
7.1. Subject to the conditions set forth in Article 8, if for any reason whatsoever the Buyer is not satisfied with the container(s), EVEON offers a money-back guarantee. The Buyer is entitled, for any reason or no reason, to return the container(s) within a period of 30 days from the date of delivery of the container(s) to the Buyer’s premises or from the date that the Buyer picks up the container at EVEON’s premises.
7.2. If the Buyer decides to return the container(s) within 30 days after delivery/pick-up pursuant to Section 7.1, EVEON will arrange transport of the container(s) back to EVEON’s premises. The transport costs of a return under Section 7.1 within 30 days will be at the Buyer’s sole expense.
7.3. Within 30 days after receipt of the returned container(s) by EVEON, and subject to EVEON’s confirmation that the returned container(s) is in the same condition in the EVEON warehouse in which the Buyer bought the container(s) from EVEON, EVEON will refund the purchase price of the container(s), excluding transport costs, by deposit into the bank account from which payment was made.
7.4. The risk of loss or depreciation of the container(s) returned under Section 7.1 will lie with the Buyer until EVEON has accepted the returned container(s) in writing. EVEON may deduct the depreciation of the value of, or the repair costs of, container(s) returned under Section 7.1 from the refund of the purchase price of the container(s). EVEON may attach conditions to the acceptance of any returns at its sole discretion.
Article 8 – Returns.
8.1. Under both the guarantee of Section 6.1 and the guarantee of Section 7.1, the return of purchased container(s) is only possible following prior consultation with EVEON and with EVEON’s prior written consent. If a return is made without the prior written consent of EVEON, both the shipping and storage of the container(s) on arrival at EVEON will be at the Buyer’s risk and sole expense.
8.2. If the container(s) is/are returned to EVEON, the Buyer must return the container(s) in the same condition in which it/they was/were delivered to and accepted by the Buyer.
8.3. It is not possible for the Buyer to return container(s) to EVEON unless such return takes place pursuant to the guarantee in Section 6 or 7 of these Conditions.
Article 9 – Liability of EVEON.
9.1. EXCEPT FOR THE EXPRESS GUARANTEES SET FORTH IN THESE CONDITIONS, THE CONTAINERS ARE PROVIDED “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.
9.2. The guarantees set forth in Articles 6 and 7 do not apply to, and EVEON accepts no liability, for:
(a) Any defects or errors that are considered permissible in trade or technically unavoidable deviations in terms of quality, color, dimensions, and/or weight; or
(b) separate parts or installations belonging to the container(s).
9.3. EVEON’s liability under these Conditions shall be limited to liability for direct damage to the container(s). The Buyer’s sole remedy shall be, at EVEON’s sole discretion, the replacement or repair of the defective container(s) or the reimbursement of the purchase price paid for such container(s). IN NO EVENT SHALL EVEON OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS) HOWEVER CAUSED AND ON ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF EVEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.4. EVEON shall not be held liable for any liability, damage or injury caused by any third party employed or engaged by either EVEON or the Buyer. This includes, but is not limited to, liability, damage or injury caused by a third-party carrier engaged by EVEON for the transport of the container(s).
9.7. The Buyer shall not set off any claims against any amounts owed to EVEON.
9.8. Any claim against EVEON under these Conditions between EVEON and the Buyer, including, but not limited to, claims relating to the container(s), shall be brought within 12 months after the date the Buyer has placed the applicable order pursuant to Section 3.1.
9.9. The Buyer shall indemnify, defend and hold harmless EVEON and its affiliates and its and their officers, directors, managers, employees, representatives and agents (each, an “EVEON Party”) from and against any liabilities, damages and claims asserted against, imposed upon, resulting to, or incurred or required to be paid by any EVEON Party (including reasonable attorneys’ fees and costs) arising out of or in connection with the Buyer’s (i) use of the container(s); (ii) gross negligence or willful misconduct or (iii) material breach of these Conditions
Article 10 – What happens in the case of Force Majeure?
10.1. If EVEON is prevented from performing any obligations hereunder due to Force Majeure, EVEON is entitled to suspend its performance under the contract for the duration of the condition of Force Majeure or to void the contract it in whole or in part without liability.
10.2. “Force Majeure” is understood to be any (foreseeable and unforeseeable) circumstance, beyond EVEON’s reasonable control, resulting in EVEON’s inability to perform hereunder. Force Majeure events include, without limitation, strikes, staff shortages due to illness, pandemics and epidemics, production disruptions, transport difficulties, fires and other operational disruptions, import, export and transit bans, delayed or defective deliveries by suppliers and freight forwarders and other events that cannot be influenced by EVEON, such as floods, storms, natural and/or nuclear disasters, war and/or threat of war, civil unrest, terrorist act, governmental actions and changes in law.
Article 11 – Reservation of ownership.
11.1. EVEON remains the owner of all containers sold by EVEON until the Buyer has provided EVEON with the final payment of the sale price and any other related payments for the container(s) and delivery is completed in accordance with Article 5 of these Conditions.
11.2. Before full, definitive an irreversible payment has been made, the Buyer is not entitled to transfer all or part of any rights to the container(s) or to encumber it/them.
Article 12 – Taxes and other levies.
12.1. The Buyer shall be responsible for any making any declarations with applicable governmental authorities.
12.2. 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(s) (“Taxes”) are at the Buyer’s own expense and risk. If this is not already explicitly included in the price of the container(s), EVEON reserves the right to charge the Buyer any such Taxes incurred by EVEON, and the Buyer shall remit any such Taxes to EVEON.
Article 13 – Miscellaneous.
No waiver by EVEON of any breach of, or of compliance with, any condition or provision of these Conditions by the Buyer will be considered a waiver of any other condition or provision or of the same condition or provision at another time. If any provision of these Conditions becomes illegal, invalid or unenforceable, such illegality, invalidity or unenforceability will not affect the other provisions hereof, which will remain in full force and effect. These Conditions shall be governed by and interpreted in accordance with the laws of the State of Delaware, without reference to any conflicts of law principles.