All equipment is sold "AS IS" "WHERE IS". My Container Now shall have no liability whatsoever for loss or damage due to late delivery or non-delivery of the equipment. Furthermore, if My Container Now performance of any sales invoice is, in whole or in part, prevented or hindered by any cause whatsoever, My Container Now shall have the right to cancel, without any liability on its part, all or portions of the sales invoice so affected.
2. DISCLAIMER OF WARRANTIES /CONSEQUENTIAL DAMAGES.
MY CONTAINER NOW WARRANTIES ALL CONTAINERS FOR THIRTY DAYS FROM DATE OF PURCHASE. THIS WARRANTY COVERS DOORS (PROPERLY SEAL, OPEN AND CLOSE, ETC.), FLOORS (FREE OF HOLES, ETC.) AND ROOF (NO LEAKS). MY CONTAINER NOW WILL REPAIR OR REPLACE ANY EQUIPMENT WITHIN THIS WARRANTY PERIOD THAT DOES NOT MEET THE MINIMUM STANDARD OF "WIND AND WATER TIGHT" BUT DOES NOT WARRANTY COSMETIC CONDITION. PURCHASER IS AWARE THAT ALL EQUIPMENT IS USED EQUIPMENT AND IS SOLD "AS IS". MY CONTAINER NOW DISCLAIMS AND PURCHASER WAIVES AND RELEASES MY CONTAINER NOW 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 PURCHASER; AND (C) THE CONFORMITY OF THE EQUIPMENT TO THE SPECIFICATIONS REQUIRED BY ANY COUNTRY OR POLITICAL SUBDIVISION WITHIN WHICH THE EQUIPMENT MAY BE USED. PURCHASER ACKNOWLEDGES AND AGREES THAT MY CONTAINER NOW SHALL HAVE NO LIABILITY TO PURCHASER 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 MY CONTAINER NOW BE LIABLE HEREUNDER FOR ANY LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF MY CONTAINER NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Purchaser agrees to assume exclusive liability for and to pay, indemnify and hold My Container Now 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 equipment, or any services rendered by My Container No win connection with this sale of 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).
The remedies reserved to My Container Now herein shall be cumulative and in addition to any other or further remedies provided by law. My Container Now failure to insist on performance of any of the terms and conditions of this Agreement or My Container Now’s waiver of any breach, shall not act as a waiver of any other term or condition or any subsequent breach
Purchaser may not assign this Agreement nor any of its rights or obligations herein without My Container Now’s prior written consent, which consent may be withheld for any reason.
6. JURISDICTION AND LAW.
My Container Now and Purchaser agree that any claim or controversy, directly or indirectly arising out of or relating to this sale, may be litigated in the state or federal courts located in the [litigation location] and My Container Now and Purchaser hereby consent to be subject to the jurisdiction of such courts. My Container Now and Purchaser agree to waive any objection to the venue of such courts and not to assert any defense of forum non-conveniens. My Container Now and Purchaser agree that service of process upon the other may be made by mailing a copy (by registered or certified mail or courier service) postage prepaid, addressed to the respondent Party at the address shown on the invoice for the Purchaser and at 4650 W. Dobbins Rd. Laveen, AZ 85339 for My Container Now. Service shall be complete seven days after such process has been mailed to the respondent Party or when received if sent by courier service. Nothing herein shall affect the right of either Party to serve legal process in any other manner permitted by law or affect the right of either Party to bring any action or proceeding against the other Party or its property in the courts of any other jurisdiction. This agreement shall be construed and interpreted according to the laws of the state of Arizona, U.S.A.
7. ENTIRE AGREEMENT.
It is understood and agreed that this Agreement and the applicable invoice embodies the complete understanding of Purchaser and My Container Now relative to this sale and that the terms and conditions of this Agreement may not be revised or modified in any way except by a written instrument specifically purporting to do so signed by the Purchaser and My Container Now.
Purchaser will, defend at its own expense and indemnify and hold harmless My Container Now, 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 equipment to Purchaser or any subsequent use, operation or disposition of the equipment.
9. PICKUP/MARKING AND ID PLATES/PAYMENT.
Equipment must be picked up within 15 days of the release confirmation. Otherwise, My Container Now may cancel the sale or charge Purchaser storage. Ownership of equipment will be transferred to Purchaser on the date of pickup. Purchaser will promptly remove all ownership markings and identification plates. Payment terms are listed on the applicable invoice. If for any reason payment is not made when due, Purchaser will pay to My Container Now all reasonable attorneys’ fees and other costs and expenses My Container Now incurs in enforcing its rights to collect amounts owed by Purchaser to My Container Now under this Agreement. Overdue payments will be subject to a service charge equal to the lesser of 2% per month or the highest legal rate.
My Container Now outsources delivery to local providers at or near cost to help simplify the purchase process for customers without trucks. Customer waives My Container Now of any/all liability associated with product delivery.