Terms of Service
Last updated: January 2025
1. Services: Quote Requests and Sales Process
Our website allows you to request a quote. You do not purchase containers directly on the website.
After you submit an inquiry, we may send you a quote by email. Any purchase is finalized through invoicing/payment and confirmation, not through website checkout.
2. Container Conditions and Listings
We sell containers in various conditions, which may include: One-Trip, IICL, Cargo Worthy (CW), Wind & Watertight (WWT), and AS-IS.
Condition descriptions reflect typical industry standards and depot inspections.
Used containers may have dents, surface rust, patches, and cosmetic wear consistent with the stated condition.
3. Payment
We may accept the following payment methods depending on the transaction: credit card, ACH/wire, invoice payment, and PayPal. We do not offer financing unless stated in writing.
You agree to provide accurate billing/payment information and authorize charges/transactions required to complete the order.
4. Delivery and Pickup Options
We offer:
- Tilt-bed delivery
- Flatbed delivery
- Depot pickup
Delivery timelines are estimates and may vary due to depot schedules, carrier availability, weather, and other factors.
Site readiness and access
You are responsible for ensuring the delivery site is accessible and safe for delivery equipment. Additional fees may apply for failed delivery attempts, waiting time, re-delivery, or special handling.
5. Inspection, Acceptance, Returns, and Refunds
A. Pickup orders (Depot pickup)
Returns are not allowed for pickup orders.
- You must inspect the container at the depot before pickup.
- If the container does not match the agreed condition, you may request a replacement (subject to availability) or cancel prior to taking possession.
- After the container is picked up, the sale is final and no returns are allowed.
B. Delivered orders (Viva Containers organizes delivery)
- You have the right to refuse the container before unloading if you believe it does not match the agreed condition.
- If you refuse, you must provide photos and a video with an explanation of the issue.
- If we confirm the container does not match the condition sold, we will refund the full amount and accept the return.
- If the container does match the condition sold, we will deduct trucking and container handling fees and refund the remaining amount.
- Once the container is unloaded, it is treated as accepted in the agreed condition and no further returns are allowed.
6. Cancellations and Release Expiration
- Cancellation before payment: no fee.
- Cancellation after payment within 14 days: $50 fee.
- Cancellation after payment after 14 days: $2.50 per TEU per day fee.
TEU definition: 20-foot container = 1 TEU; 40-foot container = 2 TEU.
Releases not used within 60 days are automatically canceled and a cancellation fee applies (as calculated above, unless otherwise stated in writing).
7. Warranty and Disclaimers
We guarantee that the container's sold condition (One-Trip, IICL, CW, WWT, AS-IS) is the condition represented at the time of sale based on depot inspection standards.
Except as explicitly stated in Section 5 (Inspection/Refusal before unloading or at depot before pickup), we do not provide additional warranties, because we cannot control use, handling, or relocation after delivery/pickup.
To the maximum extent permitted by law:
- Containers are provided as described and otherwise "as is".
- We disclaim implied warranties such as merchantability and fitness for a particular purpose where legally permitted.
8. Limitation of Liability
To the maximum extent permitted by law, Viva Containers will not be liable for indirect, incidental, special, consequential, or punitive damages (including lost profits), arising out of or related to the Services or container purchase/delivery.
Our total liability for any claim will not exceed the amount paid to Viva Containers for the specific container(s) giving rise to the claim.
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
9. User Conduct and Website Use
You agree not to:
- Misuse the website (e.g., hacking, scraping, disrupting services)
- Submit false or misleading information
- Infringe intellectual property or violate laws
10. Intellectual Property
Website content, branding, and materials are owned by Viva Containers or licensors and may not be copied or used without written permission.
11. Privacy
Your use of the Services is also subject to our Privacy Policy and Cookie Policy.
12. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules.
13. Arbitration and Dispute Resolution
Binding arbitration: Any dispute arising out of or relating to these Terms, the Services, or any transaction with Viva Containers will be resolved by binding arbitration, rather than in court, except that either party may bring an individual claim in small claims court if eligible.
- Arbitration will be conducted in English.
- The arbitrator may award the same damages and relief as a court.
No class actions: Disputes will be resolved on an individual basis only.
14. Changes to These Terms
We may update these Terms from time to time. Continued use of the Services after changes means you accept the updated Terms.
Contact Us
If you have any questions about this policy, please contact us: