Terms of service

 

MID-STATE CONTAINER SALES, INC. TERMS AND CONDITIONS FOR SALE CONTAINERS (LEASED CONTAINERS FALL UNDER OUR LEASE AGREEMENT TERMS AND CONDITIONS)

MIDSTATE CONTAINERS

Terms and Conditions of Sale

  1. Acceptance

All quotations, proposals, and sales are subject to these Terms and Conditions. Placement of an order, payment of a deposit, or acceptance of delivery constitutes acceptance of these Terms and Conditions.

  1. Pricing

Quoted prices are valid for 30 days unless otherwise stated. Prices are subject to change due to material cost increases, supplier pricing, freight costs, tariffs, taxes, or changes requested by the customer.

  1. Deposits and Payments

A deposit is required before production or procurement begins.

Unless otherwise agreed in writing:

Stock container sales require payment in full prior to delivery or pickup.

Modified container projects require a down payment of 30%. Final payment is due prior to delivery unless credit terms have been approved in writing.

Late payments may accrue interest at 1.5% per month or the maximum rate permitted by law.

The customer shall be responsible for all reasonable collection costs, attorney fees, and court costs incurred in collecting unpaid balances.

  1. Taxes

Sales tax will be charged where applicable unless a valid resale certificate or tax exemption certificate is provided prior to invoicing.

  1. Delivery

Delivery dates are estimates only and are not guaranteed.

Midstate Containers is not responsible for delays caused by:

Weather

Traffic

Road closures

Port congestion

Equipment breakdowns

Supplier delays

Acts of God

Government actions

The customer is responsible for ensuring the delivery location is accessible and suitable for delivery equipment.

Additional charges may apply for:

Unsuccessful delivery attempts

Waiting time

Redelivery

Site conditions requiring additional equipment

  1. Site Conditions

The customer is responsible for providing:

Adequate access

Proper site preparation

Proper foundation or supports

Required permits

Utility clearances

Adequate turning radius

Safe unloading conditions

Midstate Containers shall not be responsible for damage caused by inadequate site conditions or customer directed placement.

  1. Permits and Code Compliance

Unless specifically stated otherwise in the proposal, the customer is responsible for:

Building permits

Engineering approval

Planning approval

Environmental approvals

Utility permits

Inspections

Compliance with local, state, and federal codes

Midstate Containers makes no representation that a container or modification complies with any local jurisdiction unless specifically contracted to provide engineered, code compliant construction.

  1. Container Condition

Used containers are sold in used condition and may contain:

Surface rust

Dents

Scratches

Previous repairs

Paint variations

Floor staining

Normal wear consistent with shipping use

Cargo Worthy containers are certified suitable for cargo transport but are not represented as cosmetically perfect.

Wind and Watertight containers are intended to prevent normal weather intrusion but may have cosmetic imperfections.

  1. Modified Containers

Dimensions shown on drawings are approximate.

Minor variations in dimensions, finishes, colors, and materials may occur.

Midstate Containers reserves the right to substitute equivalent materials or equipment due to availability.

Customer requested changes after production has begun may result in additional charges and schedule extensions.

  1. Electrical, Plumbing, and HVAC

Unless specifically noted otherwise:

Electrical connections shall be performed by licensed contractors.

Utility hookups are by others.

Startup, balancing, and commissioning by others unless included in the proposal.

  1. Warranty

New workmanship performed by Midstate Containers is warranted for one year from the date of delivery against defects in workmanship under normal use.

Manufacturer warranties for equipment including HVAC, electrical components, doors, windows, and appliances shall be passed through to the customer where applicable.

The warranty does not cover:

Normal wear

Cosmetic damage

Abuse

Misuse

Unauthorized modifications

Acts of God

Corrosion from improper maintenance

Damage occurring during transportation by others

Consumable items

  1. Limitation of Liability

Midstate Containers shall not be liable for:

Loss of business

Loss of profits

Downtime

Consequential damages

Incidental damages

Special damages

Total liability shall not exceed the purchase price of the products sold.

  1. Risk of Loss

Risk of loss transfers to the customer upon delivery, pickup, or transfer to the customer’s carrier.

  1. Storage

Completed projects not picked up within 15 days of notification may incur storage charges.

  1. Cancellation

Orders may not be canceled after production or procurement has begun without written approval.

The customer shall be responsible for all costs incurred through the cancellation date, including labor, materials, engineering, and administrative expenses.

Special order materials are nonreturnable.

  1. Force Majeure

Midstate Containers shall not be liable for delays or failure to perform caused by circumstances beyond its reasonable control.

  1. Intellectual Property

Drawings, renderings, engineering documents, quotations, and design concepts remain the property of Midstate Containers until paid in full and may not be reproduced or provided to third parties without written consent.

  1. Governing Law

These Terms and Conditions shall be governed by the laws of the State of California.

Any legal action shall be brought in the state or federal courts located in San Luis Obispo County, Or Santa Barbara County, California, unless otherwise required by law.

  1. Entire Agreement

These Terms and Conditions, together with the proposal, quotation, invoice, and any written change orders, constitute the entire agreement between the parties and supersede all prior discussions or representations.

  1. Acceptance

Acceptance of a quotation, payment of a deposit, issuance of a purchase order, or acceptance of delivery constitutes agreement to these Terms and Conditions.

  1. Returns and Refunds

Standard unmodified containers may be eligible for return only with the prior written approval of Midstate Containers and solely at Midstate Containers’ discretion. Any approved return request must be made within 30 days of the original delivery or pickup date.

Approved returns are subject to the following conditions:

The container must be returned in the same condition in which it was delivered, normal wear from transportation excepted.

The customer is responsible for all transportation, loading, unloading, crane, rigging, trucking, and any other costs associated with returning the container to Midstate Containers.

A $500 restocking fee will be deducted from any approved refund.

Any damage, excessive wear, missing components, contamination, or required repairs will be deducted from the refund amount at Midstate Containers’ sole discretion.

Modified containers, including any container with customer requested alterations, electrical, plumbing, HVAC, insulation, framing, windows, doors, paint, flooring, or other custom work, are custom manufactured products and are nonreturnable and nonrefundable once production has begun.

Deposits paid for modified containers are nonrefundable once engineering, material procurement, fabrication, or production has commenced.

Midstate Containers reserves the right to deny any return request that does not meet these requirements or where the returned product cannot reasonably be resold as inventory.


CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@midstatecontainers.com.
Our contact information is posted below: