LEGAL & COPYRIGHT:
CONTAINER SALES TERMS & CONDITIONS OF USE
Aside from the other services that we offer. BlokAve is a website that is meant to provide an easier means for those looking to purchase a shipping container. We do not carry inventory. We also do not have a straight through checkout process. However, we do source containers from wholesalers and local dealers. To help provide timely processing of your purchase and delivery, at an affordable price.
The terms and conditions found on our website, match the standard of similar companies within the global container shipping industry. For any questions or concerns about this policy. Please contact us at info@blokave.com.
Terms of Sale
These container sales terms (the “Terms”), set out the terms by which the Seller agrees to sell and the Buyer agrees to purchase the containers (hereafter “Equipment”) described on the invoice issued by the Seller to the Buyer (the “Invoice”).
Transfer of Risk & Transfer of Ownership
Unless otherwise stated and / or agreed upon. All sales are made “ex-works” meaning the container yard or storage depot where the Equipment is sold from.
Once payment has been initiated and the full purchase price has been sent / received. The Seller will send a release confirmation to the Buyer. Notifying the Buyer to take possession of the Equipment, from the container yard or depot where it is located (hereafter referred to as the “Release Confirmation”).
The date on which either the payment of the full purchase price is made. Or the Seller sends the Release Confirmation to the Buyer. Whichever occurs first, shall hereafter be referred to as the “Sale Date”. On this date (the “Sale Date”), all title and risk in and to the Equipment shall be transferred to the Buyer.
Pick-Up, Storage & Handling
Unless agreed upon otherwise in advance. The buyer must contact BlokAve to confirm accessibility of the Equipment and arrange a time to pick up the Equipment from the container yard or depot. Any delays or costs resulting from the Equipment not being accessible for pick-up, shall be the sole responsibility of the Buyer.
The Seller grants the Buyer a pick-up period of (12) days from the Sale Date to pick up the Equipment. In the event the Equipment has not been picked up at the end of the pickup period. The Seller will invoice to the Buyer the incuring storage costs of the Equipment, at the rate of Ten US Dollars ($10.00 USD) per day.
Delivery
As an optional service, BlokAve facilitates the delivery services to transport the Equipment to the Buyer’s preferred location. Unless otherwise agreed, delivery services are provided by independent third parties. With that being said, BlokAve shall not be responsible for any damages or costs whatsoever incurred (or that may have occurred) during transportation.
Taxes
Unless otherwise agreed, the Equipment is sold exclusive of any sales tax, value added tax (VAT), transfer, excise, customs duties or any other similar taxes or duties applicable to the sale and delivery of the Equipment. These amounts shall be borne by the Buyer who is solely responsible for the payment of those amounts entirely.
Neutralization
The equipment will bear markings from previous owners.
Upon Transfer of Ownership and unless otherwise agreed, the Buyer is responsible for removing all markings and lettering pertaining to the Seller or previous Ownership of the Equipment (including markings on the C.S.C. plate and the Owner’s plate as well as logos, decals etc.).
Customs Clearance (“Domestication”)
Unless otherwise agreed, Buyer is responsible for any custom clearances and “domestication” i.e. transferring Equipment from shipping services to domestic use.
In this connection it is the Buyer’s sole responsibility to arrange for all necessary customs clearance of the Container(s) and account for import duties & VAT. It is recommended to seek local tax advice to verify any applicable taxes and specific local processes for customs clearance.
No Warranties
The Buyer acknowledges that the Container(s) sold under this agreement are used and are purchased by the Buyer on an “as is, where is” basis without covenant, representation or warranty of any kind, express or implied, including without limitation, warranties of physical condition (including damage, wear and tear, and rust), usefulness, quality, cleanliness, merchantability, or fitness for particular purpose of the Equipment, and the Seller shall have no liability in respect thereof.
Indemnification
The Seller shall not be liable, under any circumstance whatsoever, for special, consequential, indirect or punitive damages, including lost profits and loss of business opportunity. The Buyer undertakes to indemnify, defend and hold the Seller, its agents and employees harmless for special, consequential, indirect or punitive damages, including lost profits and loss of business opportunity arising on or after the Sale Date.
Assignment
The Buyer shall not assign this Agreement or any individual Offer to Sell or Acceptance to any third party without the express, prior written consent of the Seller, which may be withheld at the Seller’s sole discretion.
Modification / Severability
In the event that any provision of this Agreement is declared to be invalid and/or unenforceable, all other provisions hereof will remain in full force and effect. No modification of this Agreement, or any part hereof, shall be valid and binding upon the Seller unless previously agreed to in writing by the Seller in each instance.
Entire Agreement
This Agreement, together with any applicable Invoice, Release Confirmation or any other documentation issued by the Seller to the Buyer shall constitute the full and complete understanding of the Parties hereto. In case of a conflict between any terms and conditions included in an invoice, release confirmation or other documentation issued by the Seller, and the terms and conditions of this Agreement, the terms and conditions of this Agreement shall prevail.
Law & Jurisdiction
This contract shall be construed in all respect in accordance with laws of the Province of Alberta and for this purpose the parties hereby submit themselves exclusively to the Jurisdiction of the Province of Alberta.
LEGAL & COPYRIGHT:
WEBSITE TERMS & CONDITIONS OF USE
General
Your use of the BlokAve (“BA”) website is governed by these terms and conditions which should be read in conjunction with details provided on the website about how it operates and the services it makes available. For all enquiries or if you experience problems with our website or have comments please contact BlokAve.
Important Disclaimer
All container, prefab home or office information contained on this site or application has been provided by third parties, and BlokAve is providing the website and application on an ‘as is’ basis, and makes no representations or warranties of any kind with respect to this site/app or its contents and disclaims all such representations and warranties. In addition, BlokAve makes no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published in this site or application. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of BlokAve howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither BlokAve nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site/app. This is a comprehensive limitation of liability that applies to all damages of any kind including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Notwithstanding the foregoing, none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded or in any way to exclude or limit BlokAve liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
Nothing on this website or application constitutes advice, nor does the transmission, downloading or sending of any information create any contractual relationship. Prices and indications as to the availability of services on this website/app are given for guidance purposes only and are subject to change without notice.
BlokAve is not responsible for the content of external websites that link to this website/app or which are linked from it.
Use of Site
BlokAve reserves the right to withdraw its website at any time and without prior warning. BlokAve will endeavor to advise users of its website in advance of any withdrawal, whether such withdrawal is temporary or permanent.
Links to this Website
BlokAve reserves the right at its discretion to prohibit any link from another internet website or equivalent entity to materials or information on this website. Without prejudice to that, any link to material or information on this website must be neither misleading nor deceptive and must fairly indicate BlokAve or https://blokave.com or as the destination of the link.
Copyright and Related Rights
All content, designs, text, graphics, software compilations and source codes on this website are the copyright of BlokAve and/or its content providers.
Reproduction of part or all of the contents of this website in any form is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form. Any other use of the website without prior written consent from BlokAve is strictly forbidden.
Trademarks
BlokAve trademarks are registered marks used under license by BlokAve and may not be reproduced without the prior written consent of their owner. Other organization and company names referred to on this website may be the trademarks of their respective owners as indicated.
Internet Delays
The company’s service and website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Disputes
You and BlokAve agree that any disputes arising from your use of this website will be subject to Canadian law in the Province of Alberta and the non-exclusive jurisdiction of the Canada/Canadian courts.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada without regard to any conflict of law principles.
Amendments
BlokAve reserves the right to change or amend these website terms and conditions without prior notice.
Last Updated: This Privacy Policy was last updated on Wednesday Nov 18, 2022.