Terms & Conditions

TERMS & CONDITIONS OF SALE EQUIPMENT:

  1. DELIVERY: All equipment is sold "AS IS" "WHERE IS". CargoCube Solutions. ("Northern") shall have no liability whatsoever for loss or damage due to late delivery or non-delivery of the equipment. Furthermore, if Northern’s performance of any sales invoice is, in whole or in part, prevented or hindered by any cause whatsoever, CargoCube Solutions 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: CargoCube Solutions. WARRANTIES ALL CONTAINERS FOR ONE YEAR FROM DATE OF PURCHASE.  THIS WARRANTY COVERS DOORS (PROPERLY SEAL, OPEN AND CLOSE, ETC.), FLOORS (FREE OF HOLES, ETC.) AND ROOF (NO LEAKS). CargoCube Solutions 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". CargoCube Solutions DISCLAIMS AND PURCHASER WAIVES AND RELEASES CargoCube Solutions 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 CargoCube Solutions 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 CargoCube Solutions BE LIABLE HEREUNDER FOR ANY LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF CargoCube Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. TAXES: Purchaser agrees to assume exclusive liability for and to pay, indemnify and hold CargoCube Solutions harmless from all sales or use taxes, transfer, title and registration fees, VAT, domestication, duties, 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 CargoCube Solutions 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).
  4. REMEDIES/WAIVER: The remedies reserved to CargoCube Solutions herein shall be cumulative and in addition to any other or further remedies provided by law. Northern's failure to insist on performance of any of the terms and conditions of this Agreement, or Northern's waiver of any breach, shall not act as a waiver of any other term or condition or any subsequent breach
  5. ASSIGNMENT: Purchaser may not assign this Agreement nor any of its rights or obligations herein without Northern's prior written consent, which consent may be withheld for any reason.
  6. JURISDICTION AND LAW: CargoCube Solutions and Purchaser agree that any claim or controversy , directly or indirectly arising out of or relating to this sale, may be litigated in the provincial or federal courts located in the county of York, in the province of Ontario, Canada, and  CargoCube Solutions and Purchaser hereby consent to be subject to the jurisdiction of such courts. CargoCube Solutions and Purchaser agree to waive any objection to the venue of such courts and not to assert any defense of forum non convenience. CargoCube Solutions 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 730 Sherman Ave N Hamilton, ON L8L 8J6, Canada. 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 Province of Ontario, Canada.
  7. ENTIRE AGREEMENT: It is understood and agreed that this Agreement and the applicable invoice embodies the complete understanding of Purchaser and CargoCube Solutions 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 Northern.
  8. INDEMNIFICATION: Purchaser will, defend at its own expense and indemnify and hold harmless Northern, 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, CargoCube Solutions 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 identifications plates. Payment terms are listed on the applicable invoice. If for any reason payment is not made when due, Purchaser will pay to CargoCube Solutions all reasonable attorneys’ fees and other costs and expenses CargoCube Solutions incurs in enforcing its rights to collect amounts owed by Purchaser to CargoCube Solutions 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.
  10. DELIVERY: CargoCube Solutions outsources delivery to local providers at or near cost to help simplify the purchase process for customers without trucks. Customer waives CargoCube Solutions of any/all liability associated with product delivery.