These terms and conditions (“Terms and Conditions”) apply to you (“Buyer”) and any sales form for goods provided to you by Nola Container L.L.C. (“Seller”) submitted to this website that includes a link to these Terms and Conditions. The Terms and Conditions constitute the terms and conditions of a commercial transaction (“Agreement”).

SALE OF GOODS

Buyer shall purchase from Seller and Seller shall sell to Buyer one or more containers from its inventory as set forth herein (the “Goods”).

DELIVERY

2.1. Delivery of Goods. Seller will deliver the Goods to the Delivery Point using Seller’s standard methods for shipping such Goods. Buyer shall ensure that the Delivery Point is level. If Buyer fails to (A) accept delivery of the Goods within the Inspection Period; or (B) provide appropriate delivery instructions, documents, licenses, or other authorizations required for delivery; or (C) ensure that Seller’s delivery truck can access the Delivery Point; or (D) notify Seller of obstacles or hazards at the Delivery Point (e.g., septic tanks, power lines, outdoor lights, or caves), then (i) risk of loss to the Goods will pass to the Buyer, (ii) the Goods will be deemed accepted, and (iii) Seller may store the Goods until Buyer picks them up, with Buyer liable for related costs and expenses. Seller may charge up to $150 per hour for any Buyer-caused delivery delays. EXCEPT AS OTHERWISE PROVIDED HEREIN, SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL DAMAGES ARISING FROM ANY DELAYS, LOSS, OR DAMAGE TO THE GOODS.

2.2. Non-Delivery. The quantity of any installment of Goods as recorded by Seller on dispatch is conclusive unless Buyer provides clear evidence to the contrary. SELLER SHALL NOT BE LIABLE FOR NON-DELIVERY OF GOODS (EVEN IF CAUSED BY SELLER’S NEGLIGENCE) UNLESS BUYER GIVES WRITTEN NOTICE WITHIN FIVE (5) DAYS OF WHEN THE GOODS SHOULD HAVE BEEN RECEIVED. Seller’s liability for non-delivery is limited to either delivering the Goods within a reasonable time or adjusting the invoice to reflect the actual delivered quantity.

2.3. Title and Risk of Loss. Title and risk of loss pass to Buyer upon delivery at the Delivery Point. As collateral for payment, Buyer grants Seller a purchase money security interest (PMSI) in the Goods, pursuant to applicable law.

INSPECTION AND REJECTION

3.1. Inspection Period. Buyer may inspect the Goods within three (3) days of delivery (the “Inspection Period”). Unless Buyer notifies Seller in writing within this period and provides reasonable proof of nonconformity, the Goods will be deemed accepted. “Nonconforming Goods” are limited to: (i) Goods differing from the Agreement, or (ii) Goods incorrectly identified by inventory number or other unique identifier.

3.2. Remedy for Nonconforming Goods. If Buyer timely notifies Seller, Seller may at its discretion: (i) replace the Goods with conforming items, or (ii) issue a pro rata credit/refund. Buyer must return Nonconforming Goods at its own expense and risk unless otherwise agreed.

3.3. Exclusive Remedy. Remedies in Section 3.2 are Buyer’s sole and exclusive remedies for Nonconforming Goods. All other sales are final and non-returnable.

PRICE AND PAYMENT

4.1. Price. Buyer shall pay Seller the Price plus any additional charges (pickup, delivery, setup, handling, etc.).

4.2. Terms. Payment is due upon receipt of Seller’s invoice in USD via wire, ACH, check, or credit card. Additional processing fees may apply.

4.3. Underpayment. Any underpayment will accrue interest at the lesser of 1.5% per month or the maximum legal rate. Buyer is also responsible for Seller’s collection costs, including attorneys’ fees.

4.4. Chargebacks. Any chargeback will incur a $250 penalty in addition to the amount due.

4.5. No Setoff. Buyer may not offset or withhold payment under this Agreement.

WARRANTIES

5.1. As-Is Sale. Buyer acknowledges all Goods are sold “AS IS” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or title.

5.2. Third-Party Products. Any warranties from third-party manufacturers that extend to Seller also extend to Buyer. Seller makes no warranties regarding third-party products.

LIMITATION OF LIABILITY

6.1. No Consequential Damages. Seller shall not be liable for consequential, indirect, incidental, punitive, or special damages, including lost profits or revenues.

6.2. Maximum Liability. Seller’s aggregate liability shall not exceed the total amount paid by Buyer for the Goods.

COMPLIANCE & INDEMNIFICATION

7.1. Compliance. Buyer represents compliance with all applicable laws and that it holds all necessary licenses and permits.

7.2. Indemnification. Each party shall indemnify, defend, and hold the other harmless against claims, damages, or losses arising out of negligence, misconduct, or breach of this Agreement.

MISCELLANEOUS

• Termination: Seller may terminate this Agreement immediately for Buyer’s breach, underpayment, or insolvency.
• Entire Agreement: This document supersedes all prior agreements.
• Survival: Key obligations, including warranties, liability, and indemnification, survive termination.
• Notices: All notices must be in writing, including electronic forms (email, SMS, etc.).
• Force Majeure: Seller is excused for delays beyond its control (natural disasters, labor strikes, etc.).
• Relationship: Parties are independent contractors.
• Law & Venue: Governed by Oregon law. Disputes shall be settled through binding arbitration in Deschutes County, Oregon.
• Consent to Contact: By submitting a sales form, Buyer consents to receive texts and/or emails for communication and marketing.