BIG BOX CONTAINERS LLC
SALES TERMS AND CONDITIONS

U.S. DOMESTIC SALES ONLY
These Terms and Conditions apply to sales and deliveries within the United States. A sale, export, or delivery outside the United States, including Canada, requires a separate written agreement.

1. QUOTATION, ACCEPTANCE, AVAILABILITY AND PAYMENT

Quotations are valid through the stated expiration date and are subject to container and carrier availability. By signing or electronically accepting a quotation, making payment, or directing Big Box Containers LLC ("BBC") to purchase, release, modify, or dispatch a container, the customer accepts the quotation and these Terms and Conditions and confirms authority to place the order.

Unless BBC agrees otherwise in writing, all required funds must be received and finally cleared before BBC purchases a container on the customer's behalf, releases a container, begins customer-specific work, or dispatches delivery. A reversed, returned, disputed, or dishonored payment does not cancel the customer's obligation for a container or service already accepted or provided, subject to rights that cannot lawfully be waived.

2. CANCELLATIONS AND REFUNDS

The customer may cancel for a refund before BBC confirms logistics and commits or pays funds toward the container, transportation, modification, or another customer-specific cost. Once BBC has made such a commitment, the order is committed and may be cancelled only with BBC's written approval.

Any approved refund will equal the amount paid less BBC's actual, reasonable, nonrecoverable container, freight, handling, storage, payment-processing, modification, restocking, or other customer-specific costs and the reasonable value of work already performed. BBC will refund any remaining balance. A custom-modified or specially sourced container may become noncancellable once procurement or work begins.

3. CONTAINER DESCRIPTION, CONDITION AND PHOTOGRAPHS

BBC will provide a container materially consistent with the size, type, condition grade, and expressly stated specifications in the accepted sales documents. BBC will not substitute a materially lower condition grade without the customer's approval.

Used containers may have dents, surface rust, scratches, patches, prior repairs, faded or mismatched paint, decals, markings, floor wear, stiff doors, and other normal cosmetic or handling wear. These expected characteristics are not by themselves defects or grounds for rejection, refund, or price reduction. One-Trip containers may also have minor dents, scratches, markings, or handling wear.

Unless a container number or specific-unit photographs are identified in the sales documents, photographs are representative only. Color, markings, repairs, and cosmetic appearance may vary among containers of the same grade. A current CSC inspection, survey, or certificate is included only when expressly listed in the quotation.

For brokered or direct-delivery transactions, BBC may require the depot or carrier to document the container before departure, including its number, exterior, doors, interior, and visible holes or daylight. The carrier may reject a container that materially fails to meet the ordered description before leaving the depot.

4. INSPECTION, NOTICE AND REMEDY

The customer or an authorized representative should be present at delivery unless BBC agrees otherwise. The customer should inspect the container number, size, type, exterior, doors, interior, and visible condition as soon as it is safe to do so. A visible material nonconformity should be noted with the driver and reported promptly to BBC with photographs or video. A condition not reasonably visible at delivery should be reported promptly after discovery. Delayed notice may limit a remedy only to the extent the delay materially prevents BBC from inspecting, documenting, or correcting the reported condition.

If a container materially fails to conform to an express written description, BBC may, where permitted by law and at its reasonable option, inspect and repair the unit, replace it with a conforming unit, provide an agreed price adjustment, or refund the amount paid for the affected unit upon its return. This section does not reduce a right that applicable law does not permit the parties to waive.

5. DELIVERY SITE, ACCESS AND PLACEMENT

The customer confirms that the delivery address is accurate and that the customer owns the property or has permission to authorize BBC and its carrier to enter it.

Unless BBC or the assigned carrier confirms different requirements, tilt-bed delivery generally requires at least 60 feet of straight-line delivery space for a 20-foot container or 100 feet for a 40-foot container, approximately 12 feet of clear width, 16 feet of clear overhead height, and sufficient additional room for turning and exiting. These are minimum planning guidelines, not a guarantee that a particular truck can access the site. The actual equipment, container, route, grade, ground conditions, and obstacles may require additional clearance.

The customer must provide safe, firm, reasonably level access and placement areas and disclose gates, narrow roads, sharp turns, slopes, mud, soft ground, trees, buildings, fences, utilities, septic systems, drainage structures, and other hazards. BBC may request photographs, videos, measurements, or maps for delivery planning. That review does not guarantee access or exact placement.

The driver has final authority to determine whether entry, unloading, and placement can be performed safely. The customer should identify the preferred placement location, door orientation, and an alternate location. If the preferred location cannot be safely reached, the container may be placed at a customer-approved alternate location. If no approved location can be safely reached, delivery may be stopped, rescheduled, or returned.

Unless BBC expressly agrees otherwise in writing, the customer is responsible for site preparation, zoning, permits, property authorization, access, utilities, and other site conditions. The customer is responsible for actual additional waiting, redelivery, return, storage, towing, crane, recovery, or relocation charges caused by inaccurate information, unavailable or unsafe access, an unprepared site, or the absence of an authorized decision-maker. After unloading, later movement or repositioning is the customer’s responsibility unless separately agreed in writing.

6. DELIVERY ESTIMATES, CARRIERS AND EVENTS OUTSIDE BBC'S CONTROL

Delivery dates and times are good-faith estimates unless BBC expressly guarantees a date in writing. BBC may use qualified third-party carriers. Delivery may be delayed by depot availability, carrier scheduling, weather, road restrictions, equipment problems, government action, labor interruption, emergency, customer-site conditions, or another circumstance beyond BBC's reasonable control. BBC will use commercially reasonable efforts to communicate material delays and complete delivery. If BBC ultimately cannot supply the ordered container or an acceptable substitute, BBC will refund amounts paid for the undelivered container and unperformed delivery, subject to applicable law.

7. OWNERSHIP AND RISK OF LOSS

Shipping containers ordinarily do not have a motor-vehicle-style certificate of title. In this section, “ownership” means the legal ownership of the container.

Unless the accepted sales documents state otherwise, ownership passes to the customer after BBC receives full cleared payment and the container is delivered or released for authorized pickup, whichever occurs later. A paid invoice or bill of sale identifying the container serves as evidence of the transaction.

For delivery arranged by BBC, risk of loss passes when the conforming container is unloaded or properly tendered at the authorized delivery site. For pickup or transportation arranged by the customer, risk of loss passes when the container is released to the customer or the customer’s carrier.

8. WARRANTIES AND PARTICULAR USE

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USED CONTAINERS ARE SOLD AS IS AND WITH ALL FAULTS, EXCEPT FOR THE EXPRESS SIZE, TYPE, CONDITION GRADE, OR OTHER DESCRIPTION SPECIFICALLY STATED BY BBC IN THE ACCEPTED SALES DOCUMENTS. BBC DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT THOSE WARRANTIES MAY LAWFULLY BE DISCLAIMED.

BBC does not warrant that a container is suitable for a customer's intended use, construction or modification project, occupancy, food or animal storage, hazardous-material storage, export, lifting or stacking, permitting requirement, zoning rule, building code, or other regulatory requirement unless BBC expressly accepts that requirement in writing. Except for permit-assistance services expressly included in the accepted quotation, the customer is responsible for inspections, engineering, permits, and approvals required for the intended use.

9. LIMITATION OF LIABILITY, TAXES AND OTHER CHARGES

TO THE EXTENT PERMITTED BY LAW, BBC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST USE, PROJECT DELAY, OR DAMAGE TO CONTENTS. BBC'S AGGREGATE CONTRACT LIABILITY FOR A CLAIM WILL NOT EXCEED THE AMOUNT THE CUSTOMER PAID BBC FOR THE AFFECTED CONTAINER OR SERVICE.

These limitations do not apply where prohibited by law and do not exclude liability for fraud, willful misconduct, gross negligence, or bodily injury to the extent such liability cannot lawfully be limited.

BBC will charge sales, use, or other transaction taxes as required by law. Unless expressly included in the accepted quotation, the customer is responsible for permits, zoning approvals, site work, engineering, inspections, crane service, towing, relocation, and other customer-specific items. If BBC expressly agrees to provide permit-assistance services, BBC will use commercially reasonable efforts to prepare or submit the required application, but governmental approval and timing cannot be guaranteed.

10. ELECTRONIC ACCEPTANCE, GOVERNING LAW AND ENTIRE AGREEMENT

The parties agree to conduct the transaction electronically. Electronic signatures, portal acceptance, and electronic records may be used to form and prove the agreement. Missouri law governs to the extent permitted, without eliminating any mandatory consumer protection that applies in another state. Any permitted lawsuit concerning the transaction will be brought in a court with jurisdiction in Butler County, Missouri, unless applicable law requires a different forum.

The accepted quotation or sales order, these Terms and Conditions, and any written specifications or amendments accepted by both parties constitute the agreement concerning the sale. A material change to the container, price, delivery arrangement, or other agreed term must be confirmed in writing or electronically. If a provision is unenforceable, it will be limited only as necessary and the remaining provisions will continue in effect. A party's delay in enforcing a right does not waive that right.