Agreement between user and www.xcalibercontainer.com
Welcome to www.xcaliber.com. The www.xcalibercontainer.com website (the "Site") is comprised of various web pages operated by XCaliber Container, LLC ("XCaliber Container"). www.xcalibercontainer.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.xcalibercontainer.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.xcalibercontainer.com is a E-commerce Site Retail sales of steel shipping containers and modification design of shipping containers into custom products.
Visiting www.xcalibercontainer.com or sending emails to XCaliber Container constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that XCaliber Container is not responsible for third party access to your account that results from theft or misappropriation of your account. XCaliber Container and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
XCaliber Container does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.xcalibercontainer.com only with permission of a parent or guardian.
Links to third party sites/Third party services
www.xcalibercontainer.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of XCaliber Container and XCaliber Container is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. XCaliber Container is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by XCaliber Container of the site or any association with its operators.
Certain services made available via www.xcalibercontainer.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.xcalibercontainer.com domain, you hereby acknowledge and consent that XCaliber Container may share such information and data with any third party with whom XCaliber Container has a contractual relationship to provide the requested product, service or functionality on behalf of www.xcalibercontainer.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of XCaliber Container or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. XCaliber Container content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of XCaliber Container and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of XCaliber Container or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
XCaliber Container has no obligation to monitor the Communication Services. However, XCaliber Container reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. XCaliber Container reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
XCaliber Container reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in XCaliber Container's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. XCaliber Container does not control or endorse the content, messages or information found in any Communication Service and, therefore, XCaliber Container specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized XCaliber Container spokespersons, and their views do not necessarily reflect those of XCaliber Container.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to www.xcalibercontainer.com or posted on any XCaliber Container web page
XCaliber Container does not claim ownership of the materials you provide to www.xcalibercontainer.com (including feedback and suggestions) or post, upload, input or submit to any XCaliber Container Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting XCaliber Container, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. XCaliber Container is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in XCaliber Container's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your XCaliber Container account to third party accounts. By connecting your XCaliber Container account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by XCaliber Container from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the XCaliber Container Content accessed through www.xcaliber.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless XCaliber Container, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. XCaliber Container reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with XCaliber Container in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. XCALIBER CONTAINER, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
XCALIBER CONTAINER, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. X CALIBER CONTAINER, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
XCaliber Container reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and XCaliber Container as a result of this agreement or use of the Site. XCaliber Container's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of XCaliber Container's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by XCaliber Container with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and XCaliber Container with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and XCaliber Container with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
XCaliber Container reserves the right, in its sole discretion, to change the Terms under which www.xcalibercontainer.com is offered. The most current version of the Terms will supersede all previous versions. XCaliber Container encourages you to periodically review the Terms to stay informed of our updates.
Buyer Terms and Conditions
The Buyer agrees to pay the Sales Price quoted online or over the phone.
The total amount of the Purchase Price shall be payable in full by the Buyer according to the payment terms stated on the Sales Order. In the absence of specified payment terms on the Sales Order, fifty percent (50%) of the order is due upon Sales Order execution. The remaining balance is due in full prior to shipping or following the terms of the Sales Order or financing. Any portion of the Purchase Price that remains unpaid after delivery shall be considered past due. In order to recoup past due amounts, Seller retains the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of recoupment, including attorney fees, collection agency fees and any other costs directly related to its full recoupment of past due payments.
Upon Buyer’s execution of the Sales Order and Seller’s receipt of initial payment, the Sales Order becomes non-cancellable and firm. All remaining payments are due in full per the established payment terms. Once the Sales Order becomes non-cancellable and firm, any funds previously received by Seller become non-refundable to the Buyer.
Any changes requested by Buyer, post receipt of initial payment, must be submitted via a change order and approved by the Seller, at the Sellers discretion. Each approved Change Order will incur a flat change fee of $2,500 plus any additional costs associated with the Change Order items.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping practices in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make commercially reasonable efforts to deliver in accordance with such dates; however, Seller shall not be liable financially or otherwise for failure to deliver as estimated.
The Buyer is responsible for all site preparation, including, but not limited to, ground stabilization and preparation, clearance for delivery of 115’ clearance in length, a minimum of 13’ width (10’ when pulling straight) and 28’ in height (16’ when rolling). If upon arrival, the site is deemed not accessible by driver or not prepared adequately, additional fees could be assessed to ensure site is suitable for receipt of Goods. Buyer or Buyer’s designee are required onsite to accept delivery. The driver, a part of XCaliber’s contracted team, will walk the unit with an inspection checklist with onsite personnel. Upon receipt and/or signature of final invoice by the Buyer or Buyer’s designee, ownership and acceptance is confirmed in received condition.
Unless otherwise agreed in writing by the Seller, all products shall be packaged and shipped according to Seller’s standards and general practices.
Storage of Ready to Deliver Goods
Buyer must accept delivery of, or pick up from Seller’s facilities, the Goods within ten (10) business days of order completion and customer approval. If Goods remain at Seller’s facilities beyond those ten (10) days, Seller reserves the right to charge storage fees at a rate not to exceed one hundred ($100) dollars per week.
The Seller supplies as its sole warranty the following: An in state (Texas) 90-day warranty against workmanship (excluding internal and external coatings) and only available at the location of original delivery. Goods must remain unmoved from XCaliber’s contracted delivery service original unloading site The warranty is null and void if the Goods have been subsequently moved or is picked up by a third party from Seller’s depot. The workmanship warranty covers all modifications pursuant to the Sales Order, excluding application of coatings and roll up windows and doors. Note that roll up windows and doors are not deemed water-tight and any damage that may be caused by water leaks are not covered by this warranty.
All Goods delivered out of state (all non-Texas states), are not covered by Seller’s workmanship warranty. Goods will be inspected at point of delivery and deemed accepted as is unless otherwise noted at that time. Buyer’s acceptance of Goods is denoted with signature on delivery documents and/ or receipt of Goods.
It is the Buyer’s responsibility to register, with original manufacturer, all appliances and non-XCaliber manufactured items including but not limited to, appliance package, AC/Heat unit, LED lighting, and door locks. The Seller will use commercially reasonable efforts for up to 30 days after delivery to ensure proper functioning of all appliances and non-XCaliber manufactured items. After 30 days, Buyer has responsibility to contact the appliance manufacturer directly for any warranty claim or use issue.
1 Trip, Premium Refurbished and Basic Refurbished containers are warrantied for a year against leaks. The 1 Trip containers are normally in ‘new’ condition with minor signs of 1 load previously carried, which may include minor scrapes, a few small dents and signs of a forklift loading pallets leaving scratches in the floor. Premium Refurbished units are hand selected that have carried light loads and fewer trips, which may include minimal dents, no surface rust, and a few patches. The Basic Refurbished units are well used and can be expected to have dents, patches, and signs of use. Wind & Water-tight and Clearance units do not include warranty of any type.
Disclaimer of Warranty/Limitation of Liability
Seller makes no guarantee or claim that the Goods sold will be fit for any particular purpose for which Buyer may be purchasing the Goods, and Seller disclaims all other warranties and conditions, express or implied, existing outside of this Agreement. Seller makes no representation that the Goods meet any specific codes or municipal laws within Buyer’s city, county or state. Seller (including its subsidiaries, affiliates, officers, directors, employees, agents, or subcontractors, all of whom are referred to herein collectively as the “Seller”) shall not be liable under any circumstance to Buyer or any other party for any damages arising out of or in any way connected to the Goods described per the Sales Order attached hereto. Damages shall include, but not be limited to, consequential, punitive, lost profits, loss of the Goods or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, Buyer’s time, lost data, injury to property, or any damages or sums paid by Buyer to third parties, even if Seller has been advised of the possibility of such damages. In no event shall Seller be liable to Buyer or any other party for loss, damage, or injury of any kind arising out of or in connection with the Goods in excess of the net Purchase Price of the Goods actually delivered to and paid for by Buyer per the terms of the Sales Order.
Seller disclaims any warranties of non-infringement with respect to the Goods, and Seller shall have no duty to defend, indemnify, or otherwise hold harmless Buyer from and/or against any damages or costs incurred by Buyer arising from the infringement of patents or trademarks or violations of copyrights by any of the Goods.
Force Majeure and Failure of Performance
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, state, or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire, flood, or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations to Buyer.
General and Jurisdiction
Buyer may not assign this Agreement without Seller’s written consent. Buyer and Seller are the sole intended parties of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered, or in any way otherwise amended without the express written consent of the Seller. Any additional or altered terms attached to any order submitted by the Buyer shall be null and void, unless expressly agreed to in writing by the Seller. If any term of this Agreement is deemed in an applicable court of law to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired. With respect to any breach, claim, or controversy in regards to this Agreement, (i) this Agreement shall be construed, interpreted and enforced in accordance with the substantive laws of the State of Texas, and (ii) Buyer and Seller agree that any action brought to resolve any such claim or controversy shall be subject to the nonexclusive jurisdiction of, and may be brought or maintained in, the Federal and state courts located in Dallas County, Texas, and that any right a party might have to a trial by jury in any such action is hereby irrevocably waived.
XCaliber Container welcomes your questions or comments regarding the Terms:XCaliber Container, LLC
1004 Louis St
Graham, Texas 76450
Effective as of January 01, 2015