The following information outlines the terms and conditions of the agreement (“Agreement”) entered into by and between Freedom Conex LLC, a North Carolina Limited Liability Company (“Company”) and the customer(s) (“Customer”) (collectively, the “Parties”) for the sale(s) of any equipment or any related products provided by Freedom Conex LLC. The terms and conditions of this Agreement shall become effective upon the date of execution of this Agreement marked by the remission of payment or signed agreement as it relates to the specified equipment invoiced by Freedom Conex LLC.​

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General

 

• Prices contained in any Invoice created by the Company (“Invoice”), if any, are subject to change without notice prior to an authorized signature or payment by the Customer. ​

• Prices within any Invoice are valid for three (3) calendar days after which the Customer should inquire of the Company, and/or its associated sales reps, a new Invoice.

• The Company reserves the right to update or change any pricing discrepancies made by the Company and/or its affiliates. ​

• The Customer expressly agrees that the equipment listed in any Invoice shall remain property of the Company until payment is made in FULL. Failure to pay and settle any/all debts will result in repossession of the equipment and/or any unrecovered debts owed by the Customer. This does not relieve the Customer from liability for specific costs incurred while settling potential debts including, but not limited to, legal fees and court costs at the Company’s expense.

• The Customer shall not have the right to sell, transfer, or assign ownership of any equipment until payment has been made in full to the Company.

• The Company reserves the right to cancel any order at any time. If the Customer cancels the order, a 10% cancellation fee will be incurred by the Customer if delivery has been scheduled.

• The Company cannot guarantee color of any equipment purchased.​​​

 

 

Payment Terms

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• The Balance due shall be paid in FULL to the Company before any equipment is scheduled for delivery or the order is fulfilled, with the exception of an approved Afterpay application. If the Customer is approved for Afterpay, all payments due shall be paid in FULL to the Company within forty-eight (48) hours after delivery or the Customer out-gates the unit from the designated storage facility.

• Any/all payments shall be made in the currency and mode specified by the Company, unless agreed upon otherwise. Payment methods include a valid credit or debit card, wire transfer, ACH transfer, Electronic Funds Transfer, cashiers check, e-check, Zelle, or mailed check.

• Any payments over $10,000.00 in total must be made by wire transfer, ACH transfer, Electronic Funds Transfer, e-check, or mailed check. Any payments over $10,000.00 paid by credit or debit card will be refunded immediately less any associated fees, including but not limited to, card processing fees.

• The Customer acknowledges the obligation to make payment in full and on time as per the agreed upon terms. Any delay in payment beyond the mentioned period will incur additional charges, including, but not limited to, late fees amounting to $100.00 per twenty-four (24) hour period, interest, or penalty fees.

• The Company holds the right to make any exceptions to the above clause if payment is made by check and the check is returned NSF (non-sufficient funds), the Customer will be responsible for additional expenses incurred by the Company as a result of the returned check. The Company reserves the right to charge additional fees as allowed by law for checks returned NSF. These fees include a $35.00 non-refundable service charge.

• In case of non-payment or delay in payment beyond the specified period, the Company reserves the right to take legal action to recover the outstanding amount, including any associated costs or fees. The Customer shall be responsible for any legal or collection expenses incurred by the Company due to non-payment or late payment.

• The Company will not be responsible for any fees incurred by the Customer while completing payment and settling debts from any Invoice to include, but not limited to, card processing fees or wire transfer fees.

 

 

Our Containers

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One Trip (New)

 

A One Trip shipping container, sometimes referred to as a new shipping container, is a container that has only transported a single load of cargo across the ocean after being manufactured.​​

 

• Highest quality container on the market

• Structurally sound, with little to no dents or scratches

• All scratches on container body under 2mm deep

• Comes with a valid CSC (Container Safety Convention) plate

• Completely sealed, with zero daylight visibility from inside the container when closed

• Meets all standards for transporting goods safely and securely

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Premium​

 

A Premium shipping container is a lightly used container, between 2-10 trips, still in excellent condition.  Structurally sound with minimal wear and tear, this class of container has transported more than one load of cargo across the ocean after being manufactured.

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• Second highest quality container on the market

• Two or more loaded trips, generally between two and ten trips

• Minor dents and scratches, 75% dent-free

• Comes with a valid CSC (Container Safety Convention) plate

• Completely sealed, with zero daylight visibility from inside the container when closed

• Ideal for transporting goods safely and securely

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Cargo Worthy (Used)

 

A used Cargo Worthy container is a retired shipping container that is suitable for cargo transport or equipment storage (must receive a maritime inspection and receive a seaworthy certificate if being used for transport).

 

• Ready to be certified for transport

• A minimum of 50% mark-free interior with some scuffing, scratching, and surface rust

• Floors may be stained, marked or have minor delamination

• May or may not have undergone previous minor repairs

• Comes with a valid CSC (Container Safety Convention) plate

• Ideal for residential and commercial dry storage

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Wind & Watertight (WWT, Used)

 

A used Wind & Watertight container is a retired unit that is no longer deemed suitable for cargo transport but serves as an affordable option for residential storage. These containers will show signs of wear and tear and likely have undergone previous repairs.

 

• Retired from many years of service

• Extensive markings, corrosion, scratches, and surface rust

• Marked floors with possible delamination, wear and tear will be evident

• Likely to have undergone previous repairs, may still require repairs for some applications

• May or may not have a valid CSC plate

• Ideal for residential storage

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Pick Up

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• Pick Up orders are usually processed within two (2) to three (3) business days, but may take longer depending on the payment method used, holiday schedules, weather, and other extenuating circumstances. Once the order is fully processed, the Customer will receive an email containing the release order information required to schedule pick up from the designated storage facility.

• The Customer is responsible for contacting the storage facility prior to picking up the units to verify the unit(s) is accessible. If the Customer fails to verify accessibility prior to arriving to the storage facility, and the unit is not accessible upon arrival, the Company will not be liable for any costs incurred to include, but not limited to, dry run fees.

• The Company provides seven (7) calendar days of free storage. After the seven (7) free days for storage has elapsed, there will be a daily storage fee of $10.00 per day until the unit is picked up and out-gated.

• If the unit is not picked up WITHIN fourteen (14) calendar days, the Company has the right to cancel the order and retract the provided release information at their discretion.

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Delivery

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• Delivery of any equipment will be made to the address provided by the Customer. Delivery dates may be rescheduled due to inclement weather, driver running behind, accidents, equipment issues, etc. The Customer agrees to waive the Company from any damages or costs incurred due to rescheduling for any reason.

• It is the Customer’s responsibility to thoroughly inspect the equipment upon delivery. Any defects or discrepancies should be reported to the Company immediately prior to accepting delivery. Failure to notify the Company prior to accepting delivery implies acceptance of the equipment in its delivered condition.

• If the delivery cannot be made due to space limitations, unsuitable environment for delivery (i.e. wet ground, snow, mud, no clear path for delivery, graded hills, low bridges, or any similar situations), it is the Customer's responsibility to cover delivery fees or any costs incurred for failed delivery.

• Fees for a failed delivery include the transport fee for the equipment to the delivery location, return delivery fees, and/or any third-party costs such as wrecker or tow costs.

• If the Customer is not present to accept delivery, or there is no party present to accept delivery on behalf of the Customer, any delays caused by the Customer longer than 30 minutes while on the Customer's property will be billed at an hourly rate of $100.00 paid directly to the delivery company or to the Company.

• It is the Customer's responsibility to inform the Company prior to delivery if there is potential inclement weather that may hinder proper delivery so as to allow the Company and its associated partners to reschedule delivery to avoid any possible damages and/or charges. In the case that the Customer does not have adequate space for delivery, the Company and its associated partners will confer with the Customer to determine which of the following options is the best course of action:

  • Determine that the delivery cannot be made and confirm that the attempt shall be deemed a failed delivery.

  • Determine an alternate, suitable location for the equipment to be placed and transfer responsibility of the equipment to the Customer, deeming the delivery complete. In the case there is no other place to unload the equipment, the previous option will be exercised by default.

• The Company uses third party transport companies to fulfill all deliveries and all third-party companies are insured and liable for the entire delivery process. All third-party transport companies are required to have a USDOT number displayed.

• The Company shall have no liability whatsoever for loss or damage due to late delivery or non-delivery of the equipment. Furthermore, if the Company's performance of any Invoice is, in whole or in part, prevented or hindered by any cause whatsoever, the Company shall have the right to cancel, without any liability on its part, all or portions of the Invoice so affected. Customer waives all rights to claim, in any form detrimental reliance or estoppel, based on the Company's late delivery, non-delivery, etc. the Company outsources delivery to local providers at or near cost to help simplify the purchase process for customers that do not have the ability to transport the equipment provided by the Company. The Customer waives the Company of any/all liability associated with the equipment delivery including any damage to the property of the Customer associated with the delivery.

 

Container Storage

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• The Company provides 30 days of free storage for Customer’s who require delivery services. After 30 days, a daily storage fee of $10.00 per day will be charged until delivery is complete. All storage fees must be paid prior to delivery or the associated order is subject to cancellation or may be rescheduled until payment is remitted.

• Associated storage fees may be charged for the following reasons:

  • Delivery has been postponed by the Customer for an undetermined reason

  • Customer’s delivery site is not prepared to accept delivery

  • Customer is unavailable to accept delivery within the 30-day timeframe

• Associated storage fees will NOT be charged if any of the following reasons is the cause of postponed delivery:

  • Apparent weather conditions hindering a successful and safe delivery

  • Scheduling conflicts initiated by the Company's delivery partners

  • Delivery equipment issues that affect delivery timeframes

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Satisfaction Guarantee

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• The Company provides a 90-day protection policy that begins once the customer signs for the equipment at delivery or out-gates the equipment from the storage facility. This policy covers leaks, doors (ensuring they open, close, and lock), door seals, and floors (ensuring they are free of holes or excessive damage).

• This policy will only be considered for approval if submitted within the 90 days following delivery. To submit a claim for any deficiencies of any equipment provided by the Company, please email customercare@freedomconex.com stating your concerns and the details of your claim.

• No claim will be approved prior to payment in full of any corresponding Invoice.

• Pending approval, the Company will repair or replace any equipment within the policy period if the equipment does not meet the minimum standards of the condition listed within the corresponding Invoice. This policy does not cover cosmetic issues such as surface rust, dents less than twenty-four (24) inches in diameter and four (4) inches deep, or scratches.

• This policy only applies to equipment provided by the Company and does not cover any damage caused by the deficiencies to include, but not limited to, damage to any contents within any equipment provided by the Company.

• Pending approval, if any repairs are deemed necessary, the Company will hire a licensed local contractor capable of repairing the corresponding deficiency of any equipment provided by the Company. All costs for any approved repairs will be covered by the Company. The Company has ninety (90) days after the claim has been submitted and approved to exercise the actions described in order to satisfy the claim.

• The information referenced in this section applies exclusively to One Trip, Premium, and Cargo Worthy grade containers. Wind & watertight (WWT, Used) containers are not eligible for the 90-day limited protection policy; however, they remain covered under the lifetime leak warranty as specified in the subsequent section of these terms and conditions.

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Lifetime Leak Warranty

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• If no claim is made within the timeframe allotted by the aforementioned Satisfaction Guarantee, the Company also provides a limited Lifetime Leak Warranty. If the Customer discovers a leak outside of the 90-day protection policy period, the Company will send the Customer an industry approved equipment patch. Instructions will be provided on how to install the patch and will need to be installed by the Customer. The patch is manufactured out of extremely durable fiberglass re-enforced polyester fabric that bonds to the metal surface. The patch is flexible and easy to apply and becomes solid when fully cured. The patch takes approximately five to ten minutes to cure while under a UV lamp or direct sunlight or one to two hours in other conditions. Once the patch is fully cured, it can be drilled, sanded, or painted, and is resistant to many common chemicals, solvents, and oils.

• The Company is always willing to assist Customers in whatever way necessary to resolve any issues, both described and undescribed, in this clause. If any concerns may arise, the Customer is responsible for emailing customercare@freedomconex.com within a reasonable amount of time after delivery or out-gating the unit from the storage facility. Failure to do so will limit the amount of support that can be provided by the Company. All decisions to provide additional customer support will be made exclusively by the the Company's Management Team.

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Returns/Rejections/Cancellations

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• The Company does not accept ANY returns or rejections of any equipment once it has been delivered or picked up from the designated storage facility. All sales, transactions, and contracts are final. Upon signing the Afterpay application, accepting delivery of any equipment provided by the Company, or submitting payment for an Invoice provided by the Company, the Customer acknowledges and agrees that all sales are final and no returns or rejections will be entertained.

• In exceptional cases, if the equipment delivered does not conform to the agreed upon specifications, or is significantly different from what was ordered, the customer may be eligible for resolution by exchange, subject to the Company’s sole discretion. The Customer must notify the Company of such exceptional circumstances prior to accepting delivery or out-gating any equipment from the designated storage facility and provide detailed evidence and supporting documentation. The Company retains the right to investigate and reach a resolution or exchange based on the information provided.

• By accepting the delivery of the equipment or out-gating any equipment from the designated storage facility, the Customer affirms that they have read, understood, and agreed to abide by this returns/rejection clause, acknowledging that all sales are final and no returns or rejections will be accepted after any equipment has departed the designated storage facility.

• In the case of damages or non-conformities due to transportation or other uncontrolled causes, the Customer must contact the carrier or relevant third-party service provider responsible for delivery of the equipment. The Company shall not be held responsible for damages or non-conformities occurring during the delivery process.

• If the Customer decides to cancel an order once the Afterpay contract has been signed and delivery has been scheduled, or once payment for any Invoice has been made and the delivery has been scheduled, the Customer is responsible for paying a 10% cancellation fee, any applicable processing fees, to include, but not limited to, card processing fees, and any applicable taxes related to the order.

• If the Customer decides to disregard this policy and reject a container during the delivery process, the Customer will be subject to pay the delivery fee plus the return delivery fee and a 10% cancellation fee that will be billed on the following business day.

• If the Customer disregards this rejection policy, the Customer is required to sign the delivery confirmation form stating that the customer is not accepting delivery of the associated equipment. If the Customer fails to sign the delivery confirmation form signifying refusal to accept delivery, the Customer forgoes any entitlement to a refund or monetary compensation. Failure to sign the delivery confirmation form denotes the Customer is waiving all ownership rights to the container, refund, or adjustments to the corresponding Invoice.

• If the Customer refuses to sign the delivery confirmation form for any reason, the delivery confirmation form will state that the Customer refused to produce a signature and the Company will follow the procedure outlined above.

• Any outstanding balance owed by the Customer is required to be made within 48 hours after the Customer has been billed.

• This return/rejection clause shall be governed by and construed in accordance with the laws of the State of North Carolina. Any disputes arising from or related to this clause shall be exclusively brought in the courts of the State of North Carolina.

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Disclaimer of Warranties/Damages

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The Company disclaims and the Customer waives and releases the Company from any and all representations and warranties, either expressed or implied, as to any matter whatsoever, including without limitation (a) the design, condition, availability, operation, merchantability, or fitness for use of the equipment; (b) The fitness of the equipment for any particular use or purpose of the Customer; (c) The conformity or modification of the equipment to the specifications required by any country or political subdivision within which the equipment may be used. Customer acknowledges and agrees that the Company shall have no liability to the Customer for any claim, loss, or damage caused or alleged to have been caused directly, indirectly, incidentally, or consequentially by the equipment, or by any inadequacy thereof or deficiency or defect therein, or by any incident whatsoever in connection therewith whether arising in strict liability or otherwise. Under no circumstances shall the Company be liable hereunder for any lost profits or for special, consequential, or exemplary damages, even if the Company has been advised of the possibility of such damages.

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Taxes

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Purchaser agrees to assume exclusive liability for and to pay, indemnify and hold the Company harmless from all sales or use taxes, transfer, title and registration fees, VAT, domestication, personal property taxes or other taxes, tolls, levies, imposts, duties or governmental charges imposed in connection with the sale of the product(s) and/or equipment, or any services rendered by the Company in connection with this sale of the product(s) and/or equipment, including any penalties, fines, or interest thereon and to prepare all necessary filings (including VAT filings that may be required under the reverse-charge provisions).

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Remedies/Waiver

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The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

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Assignment

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Purchaser may not assign this Agreement nor any of its rights or obligations herein without the Company’s prior written consent, which consent may be withheld for any reason.

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Governing Law

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This agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Any legal actions arising from or related to this agreement shall be exclusively brought in the courts of the State of North Carolina.

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Binding Arbitration

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Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial or other Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The costs associated with initiating arbitration should be divided equally. The prevailing party shall be awarded all attorney fees and costs associated with bringing this action.

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Entire Agreement

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This Agreement contains the entire agreement of the Parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement and each and every term and condition hereof, shall inure to the benefit of, and shall be binding upon, the Parties hereto and their respective permitted successors and assigns.

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Indemnification

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Customer will, defend at its own expense and indemnify and hold harmless the Company, its agents, employees and indemnities from and against any and all claims, losses, damages, liabilities, demands, actions, costs, expenses and fees (including attorneys’ fees) arising out of, or in connection with, the sale of the listed product(s) and/or equipment to the Customer or any subsequent use, operation or disposition of the product(s) and/or equipment.

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Acceptance

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Any Invoice may be accepted to form a binding contract upon any one of the following options:

• Signature and/or payment for the items listed in any Invoice prior to the expiration date.

• Issuance of a purchase order in reference to an Invoice prior to the expiration date.