TERMS & CONDITIONS ABOUT THE SALE AND DELIVERY OF SHIPPING CONTAINERS:

MJ Diversified Containers DISCLAIMS AND PURCHASER WAIVES AND RELEASES MJ DIVERSIFIED CONTAINERS FROM ANY AND ALL REPRESENTATIONS AND WARRANTIES EITHER EXPRESSED OR IMPLIED,  

(a) THE DESIGN, CONDITION, AVAILABILITY, OPERATION,  OR FITNESS FOR USE OF THE EQUIPMENT

(b)THE FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE OF PURCHASER

(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 MJ Diversified Containers 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 THERE WITH WHETHER ARISING IN STRICT LIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL MJ DIVERSIFIED CONTAINERS BE LIABLE HEREUNDER FOR ANY LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF MJ DIVERSIFIED CONTAINERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DELIVERY.

MJ DIVERSIFIED CONTAINERS partners with local delivery companies (price included in purchase) to simplify the process for customers without trucks or equipment to pick up container their self. Customer waives MJ DIVERSIFIED CONTAINERS  of any/all liability associated with product delivery.

During the delivery process, the customer is to show the driver a specific location to drop the container. The driver based on space, obstacles, and safety can choose to delivery to another spot on location or return the container to depot (if there isn't a place on delivery location) at additional cost to you the customer. If a delivery truck gets stuck during the delivery of customer’s container,YOU  the customer is fully responsible for getting the delivery truck out or towed at your expense.

MJ DIVERSIFIED CONTAINERS “MJ DIVERSIFIED CONTAINERS” shall have no liability whatsoever for loss or damage due to late or delayed delivery.  If Equipment is lost, stolen or damaged in transit the customer shall file claim with delivering carrier per US Department of Transportation guidelines.  

If MJ DIVERSIFIED CONTAINERS'S performance of any sales invoice is, in whole or in part, prevented or hindered by any cause whatsoever, We (JMJ DIVERSIFIED CONTAINERS) have the right to cancel, without any liability on our part, all or portions of the sales invoice affected and issue a refund where applicable and if a order is canceled due non-delivery, customer request, or violation of sales and delivery terms the customer is subject to cancellation fee of $450.00 plus $150 per container restocking fee per container when applicable, Credit Card charges plus all other direct expense charged for this matter will be the customer responsibility as well. 

ASSIGNMENT.

Purchaser may not assign this Agreement nor any of its rights or obligations herein without MJ DIVERSIFIED CONTAINERS prior written consent, which consent may be withheld for any reason.

REMEDIES/WAIVER

The remedies reserved to MJ DIVERSIFIED CONTAINERS herein shall be cumulative and in addition to any other or further remedies provided by law. MJ DIVERSIFIED CONTAINERS failure to insist on performance of any of the terms and conditions of this Agreement, or if MJ DIVERSIFIED CONTAINERS waiver of any breach, shall not act as a waiver of any other term or condition or any subsequent breach.

JURISDICTION AND LAW.

MJ DIVERSIFIED CONTAINERS 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 county of POLK, State of Texas, U.S.A., and MJ DIVERSIFIED CONTAINERSand Purchaser hereby consent to be subject to the jurisdiction of such courts. MJ DIVERSIFIED CONTAINERS and Purchaser agree to waive any objection to the venue of such courts and not to assert any defense of forum non conveniens. WE, MJ Diversified CONTAINERS, and Purchaser, YOU, agree that service of process upon the other may be made by mailing a copy (by registered or certified mail) postage prepaid, addressed to the respondent Party at the address shown on the invoice for the Purchaser and at 304 Gettysburg Dr Livingston, Texas 77351 U.S.A for MJ DIVERSIFIED CONTAINERS.  Service shall be complete seven days after such process has been mailed to the respondent Party. 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 Texas, U.S.A.

 ENTIRE AGREEMENT.

It is understood and agreed that this Agreement and the applicable invoice embodies the complete understanding of Purchaser and MJ DIVERSIFIED CONTAINERS 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 MJ DIVERSIFIED CONTAINERS. INDEMNIFICATION.

Purchaser will, defend at its own expense and indemnify and hold harmless SALER, 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.

CUSTOMER PICKUP

Equipment must be picked up within 7 business days of the release confirmation. Otherwise, SALER may cancel the sale with a $450 cancellation fee and $150 restocking fee or charge Purchaser storage fees of $20.00 per day beyond 7 business days. Ownership of equipment will be transferred to Purchaser on the date of pickup. Payment terms are listed on the applicable invoice. If for any reason payment is not made when due, Purchaser will pay to US MJ DIVERSIFIED CONTAINERS all reasonable attorneys’ fees and other costs and expenses WE MJ DIVERSIFIED CONTAINERS incurs in enforcing its rights to collect amounts owed by Purchaser  under this Agreement. Overdue payments will be subject to a service charge equal to 2% per month or the highest legal rate.

TAXES

Purchaser agrees to assume exclusive liability for and to pay, indemnify and hold MJ DIVERSIFIED CONTAINERS 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 MJ DIVERSIFIED CONTAINERS in 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).

Contact Us

If there are any questions regarding the Terms & Conditions listed above,please contact us using the information below

MJ DIVERSIFIED CONTAINERS

304 Gettysburg Lane

Livingston, Texas 77351

United States

(936)239-2997

mjdiversified02@gmail.com