To promote clarity and consistency, the following definitions apply throughout these Terms & Conditions. Unless the context requires otherwise, the terms defined below shall have the meanings set forth in this section.

Term	Definition
“Nex Containers,” “Seller,” “we,” “us,” or “our”	Refers to Nex Containers, the owner and operator of nexcontainers.com, located at 4608 Saco Rd. Bakersfield, CA, 93308, United States, including its authorized employees, representatives, affiliates, successors, and assigns.
“Buyer,” “Customer,” “you,” or “your”	Refers to any individual, business, organization, or other legal entity that accesses our website, requests a quotation, places an order, purchases products or services, or otherwise conducts business with Nex Containers.
“Products” or “Containers”	Refers to any shipping container, storage container, refrigerated (reefer) container, insulated container, container chassis, trailer, container accessory, replacement part, modification, or any other product or service offered by Nex Containers through its website or other authorized sales channels.
“Custom Container”	Refers to any shipping container that has been modified, fabricated, refurbished, or customized to a customer’s specifications, including, but not limited to, container offices, homes, retail spaces, kiosks, workshops, swimming pools, restaurants, storage units, and other specialty applications.
“Order”	Refers to a customer’s request to purchase one or more products or services from Nex Containers. An order becomes binding only after it has been reviewed, accepted by Nex Containers, payment has been successfully verified where applicable, and an Order Confirmation has been issued.
“Order Confirmation”	Refers to the written confirmation issued by Nex Containers acknowledging acceptance of an order. The confirmation may include the order number, purchased products or services, pricing, payment status, estimated processing or delivery information, and other applicable transaction details.
“Delivery Location” or “Delivery Site”	Refers to the physical address or location designated by the Buyer for the delivery, unloading, and placement of purchased products. The Buyer is responsible for ensuring that the site is safe, accessible, and suitable for delivery equipment, unless otherwise agreed in writing.
“Depot”	Refers to any warehouse, container yard, storage facility, distribution center, or authorized partner location operated by or on behalf of Nex Containers where products are stored, inspected, prepared, or dispatched before delivery or customer collection.
“WWT (Wind & Water Tight)”	Refers to a container grading classification indicating that the container is structurally sound, has fully operational doors, and is reasonably resistant to normal wind and water penetration under standard conditions, with no visible holes or active leaks at the time of inspection. Cosmetic wear, surface rust, dents, patches, or previous repairs may be present unless otherwise specified.
“CW (Cargo Worthy)”	Refers to a container grading classification indicating that, at the time of inspection, the container is considered suitable for international cargo transport and generally meets applicable structural standards required for cargo service. Cargo Worthy containers typically have a valid or certifiable CSC Plate, subject to inspection and certification requirements.
“CSC (Convention for Safe Containers)”	Refers to the international safety convention established under the International Convention for Safe Containers (CSC), which sets minimum structural and safety requirements for shipping containers used in international transportation. A valid CSC Plate indicates that the container has been certified for cargo transport in accordance with applicable standards.

All orders submitted through the Nex Containers website, by telephone, email, or any other authorized sales channel constitute an offer by the Buyer to purchase the selected products or services. Submission of an order does not guarantee acceptance, product availability, pricing, or delivery. Each order is subject to review, inventory verification, payment authorization, and acceptance by Nex Containers.

An order becomes legally binding only after Nex Containers has accepted the order and issued a written Order Confirmation in accordance with these Terms & Conditions.

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2.1 Order Acceptance Process

To provide a transparent and efficient purchasing experience, orders are processed through the following steps:

Step 1 — Order Submission

The Buyer submits an order through the Nex Containers website (nexcontainers.com), by telephone at +1 (661) 612-4792, by email at info@nexcontainers.com, or through another authorized sales representative. Submission of an order constitutes an offer to purchase but does not constitute acceptance by Nex Containers.

Step 2 — Order Review & Payment Verification

Nex Containers reviews the order for product availability, pricing accuracy, delivery requirements, and compliance with these Terms & Conditions. Where applicable, payment authorization, verification, or any required deposit for custom or modified containers must be successfully received before the order can proceed.

Step 3 — Order Confirmation

Once the order has been reviewed and accepted, Nex Containers will issue a written Order Confirmation by email or another authorized communication method. The confirmation may include the order number, product details, pricing, payment status, estimated processing and delivery information, and any applicable site preparation or delivery instructions.

Step 4 — Formation of the Sales Agreement

A binding sales agreement is formed only after Nex Containers has accepted the order and issued the Order Confirmation. Until that time, Nex Containers reserves the right to review, modify, or decline an order in accordance with these Terms & Conditions and applicable law.

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2.2 Right to Decline or Cancel an Order

To protect both our customers and our business, Nex Containers reserves the right, where reasonably necessary and permitted by applicable law, to decline, cancel, or limit an order before shipment or delivery, including, but not limited to, the following circumstances:

• Product unavailability or inventory discrepancies.
• Pricing, typographical, technical, or system errors.
• Suspected fraudulent, unauthorized, or unlawful activity.
• Inability to verify payment information, billing details, or customer identity.
• Delivery restrictions, site accessibility issues, or regulatory limitations affecting the requested delivery location.
• Failure to satisfy the eligibility requirements set forth in these Terms & Conditions.
• Events beyond our reasonable control that materially prevent order fulfillment, including circumstances described in our Force Majeure provisions.

If an order is declined or canceled after payment has been received, Nex Containers will promptly notify the Buyer and issue any applicable refund to the original method of payment in accordance with our Refund Policy, unless otherwise agreed in writing or permitted by applicable law.

All orders submitted through the Nex Containers website, by telephone, email, or any other authorized sales channel constitute an offer by the Buyer to purchase the selected products or services. Submission of an order does not guarantee acceptance, product availability, pricing, or delivery.

Each order is subject to review, inventory verification, payment authorization (where applicable), and acceptance by Nex Containers. An order becomes binding only after Nex Containers has (i) accepted the order, (ii) successfully verified payment or approved alternative payment arrangements, where applicable, and (iii) issued a written Order Confirmation by email or another authorized method of communication.

Nex Containers reserves the right, in accordance with applicable law, to decline, cancel, or limit any order where reasonably necessary, including, but not limited to, product unavailability, inventory discrepancies, pricing or typographical errors, suspected fraud, payment verification issues, regulatory restrictions, delivery limitations, or other circumstances that prevent fulfillment. If an order cannot be accepted after payment has been received, Nex Containers will promptly notify the Buyer and issue any applicable refund in accordance with our Refund Policy.

Nex Containers offers both new and pre-owned shipping containers that are professionally classified using recognized industry grading standards. Each product listing includes the applicable condition grade to help customers make informed purchasing decisions. Unless otherwise stated in writing, cosmetic wear associated with the applicable grade does not affect the intended functionality of the container.

3.1 Product Inspection & Condition Disclosure

Nex Containers is committed to providing accurate product information and transparent condition reporting. For pre-owned containers, including WWT, Cargo Worthy (CW), and As-Is units, we make reasonable efforts to provide current photographs, inspection details, or condition reports upon request or where applicable before an order is finalized.

Because many products are previously owned or individually sourced, reasonable variations in appearance, manufacturer, color, markings, repairs, flooring, surface condition, and other cosmetic characteristics may exist between units of the same grade. Such variations are considered normal and do not necessarily affect the container’s intended functionality.

By accepting the Order Confirmation and proceeding with the purchase, the Buyer acknowledges that they have had the opportunity to review the available product information, photographs, specifications, grading description, and any applicable condition disclosures before completing the transaction.

3.2 Product Images

Product images displayed on the Nex Containers website are provided for illustrative and informational purposes. While we make every reasonable effort to accurately represent our inventory, the container delivered may vary in appearance, manufacturer, color, markings, repairs, or other cosmetic characteristics from the images shown, particularly for used inventory. Unless expressly stated in writing, such variations do not constitute a product defect or misrepresentation.

Nex Containers is committed to providing transparent pricing and clear payment terms. By placing an order, you agree to the pricing, payment requirements, and conditions set forth in this section, unless otherwise agreed in writing.

4.1 Pricing

Currency

Unless otherwise stated, all prices displayed on the Nex Containers website and in written quotations are listed in United States Dollars (USD). For international transactions, including purchases made outside the United States, currency conversion, foreign exchange rates, and any related banking fees are determined by your financial institution or payment provider.

Taxes, Delivery & Additional Charges

Unless expressly stated otherwise in the applicable product listing or written quotation, published prices do not include:

• Delivery, transportation, or freight charges.
• Federal, state, or local sales taxes.
• Value Added Tax (VAT), Goods and Services Tax (GST), or similar taxes.
• Import duties, customs fees, brokerage charges, or other government-imposed fees.
• Optional services, including container modifications, accessories, permits, crane services, or special delivery requirements.

Any applicable taxes, shipping charges, or additional fees will be disclosed during the quotation or checkout process before your order is finalized.

Price Validity

Unless otherwise specified in writing, quotations issued by Nex Containers remain valid for seven (7) calendar days from the date of issuance. After this period, pricing may be revised based on current market conditions, supplier costs, freight rates, material availability, or inventory levels.

Pricing Updates

Nex Containers reserves the right to update product pricing, specifications, promotions, or availability at any time prior to order acceptance. However, approved pricing for orders that have been accepted through an order confirmation will generally remain unchanged unless:

• The Buyer requests modifications to the order.
• Pricing adjustments are required due to mutually agreed changes.
• An obvious pricing, typographical, or system error is identified.
• A pricing adjustment is otherwise permitted under applicable law.

If a material pricing error affects an accepted order, Nex Containers will promptly notify the buyer and provide the option to proceed under the corrected pricing or cancel the order in accordance with our Refund Policy.

4.2 Payment Terms

Payment requirements vary depending on the type of order and any written agreement between Nex Containers and the Buyer.

4.3 Accepted Payment Methods

To provide a secure and convenient purchasing experience, Nex Containers accepts a variety of payment methods. Available payment options may vary depending on the order, customer location, and transaction amount.

• Credit & Debit Cards — Visa, Mastercard, American Express, Discover, and other supported card networks processed through secure payment providers.
• PayPal — Available for eligible transactions processed through PayPal’s secure payment platform.
• Bank Transfers — ACH transfers for eligible domestic U.S. transactions and SWIFT wire transfers for approved international purchases.
• Cash on Delivery (COD) — Available only for qualifying U.S. orders and approved delivery locations. Eligibility must be confirmed by Nex Containers before order acceptance.
• Third-Party Financing — Financing options may be available through approved independent lending partners. Financing is subject to lender approval, credit qualification, and the lender’s separate terms and conditions.

For your protection, Nex Containers processes payments using commercially reasonable security measures and does not request payment through unauthorized channels.

4.4 Late Payments

For customers approved for NET 30 commercial credit terms, payment is due within thirty (30) calendar days from the invoice date unless otherwise agreed in writing.

Invoices that remain unpaid after the applicable due date may incur a late payment charge of up to 1.5% per month (18% per annum), or the maximum rate permitted by applicable law, whichever is lower.

Nex Containers also reserves the right to:

• Suspend pending orders or deliveries.
• Revoke approved credit terms.
• Require advance payment for future purchases.
• Exercise any other rights or remedies available under these Terms or applicable law.

4.5 Non-Payment and Order Cancellation

If payment for an accepted order is not received within the applicable payment period, Nex Containers may suspend processing, delay shipment, or cancel the order after providing reasonable notice where appropriate.

For custom or modified containers, any deposit paid may be retained, in whole or in part, to cover materials, labor, administrative expenses, or work completed before cancellation, as permitted by applicable law and the terms of the applicable sales agreement.

Nex Containers reserves the right to pursue recovery of outstanding amounts through lawful collection procedures where necessary. Nothing in this section limits any rights or remedies available under applicable law.

Nex Containers offers custom shipping container modification services designed to meet the unique requirements of residential, commercial, industrial, and specialty projects. Custom-modified containers may include, but are not limited to, container offices, retail units, kiosks, workshops, homes, restaurants, swimming pools, storage solutions, and other specialized applications.

Because each custom project is manufactured according to the Buyer’s approved specifications, the following terms apply to all custom modification orders.

5.1 Custom Order Process

To ensure quality, accuracy, and clear communication, custom projects generally follow the process outlined below:

Step 1 — Consultation & Project Proposal

The Buyer consults with the Nex Containers sales or project team to discuss project requirements, design preferences, intended use, delivery location, and any applicable technical specifications. Based on the information provided, Nex Containers will prepare a written quotation outlining the proposed scope of work, specifications, estimated production timeline, pricing, and any applicable terms.

Step 2 — Customer Approval

The Buyer is responsible for carefully reviewing the proposed quotation, specifications, drawings (where applicable), pricing, and project details before providing written approval. Written approval may be provided by email or another authorized communication method and authorizes Nex Containers to proceed with the project.

Step 3 — Deposit

Unless otherwise agreed in writing, a 50% deposit is required before fabrication, procurement of materials, or customization work begins.

Step 4 — Fabrication

Following receipt of the required deposit and project approval, Nex Containers will begin fabrication in accordance with the approved specifications. During production, we may provide progress updates, photographs, or other project information at reasonable stages of completion.

Step 5 — Completion & Final Review

Upon completion of the project, Nex Containers will notify the Buyer that the custom container is ready for final review. Where appropriate, photographs, videos, inspection information, or other documentation may be provided before delivery or customer collection.

Step 6 — Final Payment

The remaining balance, together with any approved change order charges, delivery fees, taxes, or other applicable amounts, must be paid in full before shipment, delivery, or customer collection unless otherwise agreed in writing.

Step 7 — Delivery or Collection

After final payment has been received and verified, Nex Containers will coordinate delivery or arrange customer collection in accordance with the agreed delivery schedule and our Shipping & Delivery Policy.

5.2 Changes to Approved Specifications

After a custom project has been approved and fabrication has commenced, any requested changes are subject to review by Nex Containers.

If the Buyer requests modifications after production has begun:

• Nex Containers will evaluate the technical feasibility of the requested changes.
• A revised quotation or written change order will be provided, outlining any additional costs, material requirements, or schedule adjustments.
• No changes will be implemented until the Buyer provides written approval of the revised quotation or change order.
• Approved changes may extend manufacturing or delivery timelines.
• Any additional charges associated with approved change orders must be paid before shipment or delivery unless otherwise agreed in writing.

5.3 Custom Orders, Returns & Cancellations

Because custom-modified containers are manufactured or customized specifically to the Buyer’s approved requirements, they generally cannot be returned or exchanged once fabrication has commenced, except where required by applicable law or where otherwise expressly agreed by Nex Containers in writing.

Requests to cancel a custom order before fabrication begins will be reviewed on a case-by-case basis. If cancellation is approved before production starts, Nex Containers may deduct reasonable administrative, design, engineering, or other documented costs incurred before issuing any applicable refund, as permitted by applicable law.

5.4 Deposits for Custom Projects

The deposit required for a custom project secures production scheduling, materials procurement, engineering, and fabrication resources.

Once fabrication or procurement of custom materials has commenced, all or part of the deposit may be retained to cover materials purchased, labor performed, design services, and other reasonable costs incurred in connection with the project, to the extent permitted by applicable law.

If fabrication has not begun and the Buyer requests cancellation, Nex Containers will review the request and, where applicable, issue any eligible refund after deducting reasonable administrative or project-related costs incurred before cancellation, as permitted by applicable law.

5.5 Limited Workmanship Warranty

Custom fabrication performed by Nex Containers is covered by our 12-Month Limited Workmanship Warranty, beginning on the date of delivery or customer collection, whichever occurs first.

This warranty applies to defects in workmanship performed by Nex Containers under normal and intended use and is subject to the terms, limitations, exclusions, maintenance requirements, and claim procedures set forth in our Warranty Policy. It does not extend to normal wear and tear, customer-supplied materials, unauthorized modifications, misuse, accidents, environmental conditions, or other exclusions identified in the Warranty Policy.

Nex Containers offers both new and pre-owned shipping containers that are professionally classified using recognized industry grading standards. Each product listing includes the applicable condition grade to help customers make informed purchasing decisions. Unless otherwise stated in writing, cosmetic wear associated with the applicable grade does not affect the intended functionality of the container.

3.1 Product Inspection & Condition Disclosure

Nex Containers is committed to providing accurate product information and transparent condition reporting. For pre-owned containers, including WWT, Cargo Worthy (CW), and As-Is units, we make reasonable efforts to provide current photographs, inspection details, or condition reports upon request or where applicable before an order is finalized.

Because many products are previously owned or individually sourced, reasonable variations in appearance, manufacturer, color, markings, repairs, flooring, surface condition, and other cosmetic characteristics may exist between units of the same grade. Such variations are considered normal and do not necessarily affect the container’s intended functionality.

By accepting the Order Confirmation and proceeding with the purchase, the Buyer acknowledges that they have had the opportunity to review the available product information, photographs, specifications, grading description, and any applicable condition disclosures before completing the transaction.

3.2 Product Images

Product images displayed on the Nex Containers website are provided for illustrative and informational purposes. While we make every reasonable effort to accurately represent our inventory, the container delivered may vary in appearance, manufacturer, color, markings, repairs, or other cosmetic characteristics from the images shown, particularly for used inventory. Unless expressly stated in writing, such variations do not constitute a product defect or misrepresentation.

Nex Containers encourages buyers to inspect all products promptly upon delivery or customer collection. Timely inspection helps ensure that any concerns regarding the delivered product can be addressed efficiently and in accordance with these Terms & Conditions, our Warranty Policy, and our Refund Policy.

7.1 Inspection Upon Delivery

The Buyer, or an authorized representative, should be present at the scheduled delivery location to receive the shipment, direct container placement, and inspect the product before the delivery vehicle departs, where reasonably practicable.

During the inspection, the Buyer should:

• Verify that the delivered product matches the order confirmation and applicable specifications.
• Inspect the exterior for any damage or conditions that are inconsistent with the product’s stated grade or condition.
• Open and close all doors to confirm proper operation and locking functionality.
• Inspect the interior, including the flooring, walls, ceiling, and door seals, for any visible damage, water intrusion, or conditions that differ materially from the product description or any condition report provided before delivery.
• Confirm that any agreed accessories, modifications, or optional equipment included with the order have been delivered.
• Note any visible concerns, shortages, or delivery-related issues on the delivery receipt or applicable shipping documentation before the carrier departs, whenever possible.

If the Buyer is unable to be present, the Buyer may designate an authorized representative to accept delivery and complete the inspection on the Buyer’s behalf.

7.2 Reporting Delivery or Product Issues

If an issue is identified after delivery, the Buyer should notify Nex Containers as soon as reasonably practicable using the contact information provided on our website.

Unless otherwise required by applicable law or expressly stated in our policies:

• Transit Damage: Any damage reasonably believed to have occurred during transportation should be reported within 48 hours of delivery and should include photographs and a description of the damage whenever reasonably possible.
• Product Condition Concerns: If the delivered product materially differs from its advertised condition, approved quotation, or Order Confirmation, the Buyer should notify Nex Containers within 30 calendar days of delivery in accordance with our Refund Policy.
• Missing Components or Features: Any missing accessories, agreed modifications, or product features should be reported within 30 calendar days of delivery to allow prompt investigation and resolution.

Prompt reporting helps preserve relevant information and allows Nex Containers to investigate and resolve concerns as efficiently as possible.

7.3 Acceptance of Delivery

The Buyer is deemed to have accepted the delivered product once delivery has been completed, subject to the Buyer’s right to report any eligible concerns within the timeframes described in these Terms, our Refund Policy, or our Warranty Policy.

If Nex Containers does not receive notice of a material issue within 30 calendar days after delivery, the product will generally be considered accepted as delivered, except where a claim is covered under an applicable warranty or where additional rights are provided under applicable law.

Nothing in this section limits the Buyer’s rights under the applicable Limited Warranty, Refund Policy, or any consumer protection rights that cannot be waived under applicable law.

Nex Containers is committed to customer satisfaction and fair, transparent business practices. Returns, refunds, exchanges, and related requests are governed by our Refund Policy, which is incorporated into these Terms & Conditions by reference and forms part of your agreement with Nex Containers.

The following summary is provided for convenience only. In the event of any inconsistency, the provisions of the Refund Policy will govern.

8.1 Return Eligibility

Eligible standard shipping containers may qualify for return in accordance with the terms, conditions, and eligibility requirements outlined in our Refund Policy. Generally, return requests should be submitted within 30 calendar days of delivery if the product materially differs from its approved order, product description, or condition or if it contains an undisclosed defect covered under the Refund Policy.

8.2 Approved Returns

Where a return request is approved by Nex Containers, we will coordinate return instructions, including collection or other return arrangements, as appropriate. If the return is approved because of an error by Nex Containers or because the product does not materially conform to the approved order, any applicable return transportation or collection costs will generally be covered by Nex Containers, as described in our Refund Policy.

8.3 Refund Processing

Once an approved returned product has been received, inspected, and verified at an authorized Nex Containers facility or designated inspection location, any eligible refund will be processed using the original payment method whenever reasonably practicable. Refunds are generally issued within 10 to 15 business days after inspection and approval, although processing times may vary depending on the payment provider or financial institution.

8.4 Non-Returnable Products

Unless otherwise required by applicable law or expressly approved by Nex Containers in writing, the following products are generally not eligible for return:

• Custom-built or custom-modified containers manufactured to the Buyer’s approved specifications.
• Containers sold in “As-Is” condition where the disclosed condition was accepted before purchase.
• Products that have been altered, modified, misused, damaged, or improperly maintained after delivery.
• Accessories, replacement parts, consumables, or other items identified as non-returnable in the applicable product listing or sales documentation.

8.5 Additional Information

For complete information regarding return eligibility, exclusions, inspection requirements, cancellation rights, refund procedures, processing timelines, and any applicable exceptions, please refer to the Nex Containers Refund Policy, which forms an integral part of these Terms & Conditions.

Cancellation Timing	Standard Orders	Custom or Modified Orders

Nex Containers is committed to providing quality products and dependable customer service. The following Limited Warranties apply to eligible products purchased directly from Nex Containers, unless otherwise stated in writing. Warranty coverage begins on the date of delivery or customer collection, whichever occurs first, and is subject to the terms, conditions, limitations, and exclusions set forth in this Warranty Policy.

10.1 Warranty Exclusions

Unless otherwise expressly stated in writing, the following circumstances are not covered under any Nex Containers Limited Warranty:

• Damage occurring after delivery due to misuse, abuse, neglect, improper storage, overloading, accidents, vandalism, or unauthorized use.
• Damage resulting from floods, hurricanes, tornadoes, earthquakes, wildfires, lightning, or other natural disasters or force majeure events.
• Damage caused by improper installation, foundation issues, lifting, relocation, transportation by third parties, or site preparation not performed by Nex Containers.
• Alterations, repairs, welding, cutting, drilling, painting, or modifications performed by anyone other than Nex Containers or an authorized service provider without prior written approval.
• Normal wear and tear, including surface oxidation, minor corrosion, paint fading, scratches, dents, flooring wear, weathering, and cosmetic aging consistent with the product’s condition and age.
• Cosmetic imperfections or previous repairs that were disclosed before purchase or are consistent with the applicable product grade.
• Routine maintenance, adjustment, inspection, cleaning, lubrication, or other normal service items.
• Damage resulting from improper electrical connections, voltage fluctuations, inadequate power supply, or failure to follow manufacturer operating instructions for refrigerated containers or installed equipment.

10.2 Warranty Claims

If you believe your product is covered by a Nex Containers Limited Warranty, please contact our Customer Support team as soon as reasonably practicable.

To help us process your claim efficiently, please provide:

• Your order number or proof of purchase.
• A detailed description of the issue.
• Clear photographs or videos showing the condition or defect.
• Any additional information reasonably requested to evaluate the claim.

Warranty claims may be submitted by:

Nex Containers Customer Support

Phone: +1 (661) 612-4792

Email: info@nexcontainers.com

Upon receipt of a complete warranty claim, Nex Containers will review the submitted information and may request additional documentation or arrange an inspection where appropriate. We aim to acknowledge warranty claims promptly and, where reasonably possible, begin the evaluation process within five (5) business days, although actual review and resolution times may vary depending on the nature of the claim.

If a claim is approved, Nex Containers may, at its discretion and as permitted by applicable law:

• Repair the covered defect.
• Replace the affected product or component with the same or a comparable product.
• Provide replacement parts.
• Offer a partial or full refund where repair or replacement is not commercially reasonable or otherwise appropriate.

The remedy provided under an approved warranty claim will constitute the Buyer’s exclusive remedy to the extent permitted by applicable law.

10.3 Our Commitment to Quality

Nex Containers is committed to delivering products that meet the quality, condition, and specifications described at the time of purchase. If a product covered by one of our Limited Warranties is determined to have a qualifying defect, we will work with the Buyer in good faith to provide an appropriate remedy in accordance with the applicable warranty, these Terms & Conditions, and our Warranty Policy.

Our goal is to resolve warranty matters fairly, efficiently, and transparently while maintaining the high standards of customer service and product quality that our customers expect from Nex Containers.

11.1 During Transit

Unless otherwise agreed in writing, Nex Containers is responsible for the risk of loss or damage while products are in transit with our authorized carrier until delivery or customer collection, subject to these Terms & Conditions and applicable law.

11.2 Transfer of Risk

Responsibility for the product transfers to the Buyer:

• Delivered Orders: Upon successful delivery and placement of the product at the Buyer’s designated delivery location.
• Customer Pickup: When the product is loaded onto the Buyer’s or the Buyer’s designated carrier’s vehicle at the Nex Containers depot or collection location.

11.3 Buyer’s Insurance

After the transfer of risk, the Buyer is responsible for the care, protection, and, where appropriate, insurance coverage of the product against loss, damage, theft, vandalism, or other risks. Nex Containers recommends obtaining suitable insurance coverage promptly after delivery or collection.

To the fullest extent permitted by applicable law, Nex Containers’ total liability for any claim arising from the purchase or use of our products or services shall not exceed the amount paid by the Buyer for the specific product or service giving rise to the claim.

Nex Containers shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, or third-party claims arising from the Buyer’s use of the product. Buyers are solely responsible for ensuring that the installation and use of purchased products comply with all applicable building codes, zoning regulations, permit requirements, and other local laws.

Nothing in this section limits any liability that cannot be excluded or restricted under applicable law.

To the fullest extent permitted by applicable law, the Buyer agrees to indemnify, defend, and hold harmless Nex Containers, its officers, directors, employees, agents, affiliates, successors, and representatives from any claims, losses, damages, liabilities, costs, or reasonable legal expenses arising from the Buyer’s use, modification, resale, or misuse of purchased products; failure to comply with applicable laws, building codes, zoning regulations, or permit requirements; breach of these Terms & Conditions; or third-party claims resulting from the Buyer’s actions or use of the products.

Nothing in this section limits any rights or protections available to the Buyer under applicable law.

Neither the Buyer nor Nex Containers (“Seller”) shall be liable for any delay or failure to perform its obligations under these Terms & Conditions if such delay or failure is caused by events beyond its reasonable control (“Force Majeure Event”).

Force Majeure Events may include, but are not limited to:

• Natural disasters, including earthquakes, hurricanes, floods, tornadoes, wildfires, or other severe weather events.
• Pandemics, epidemics, public health emergencies, or similar events.
• War, armed conflict, terrorism, civil unrest, riots, or acts of civil or military authority.
• Government actions, laws, regulations, embargoes, sanctions, import or export restrictions, or other governmental measures.
• Labor disputes, strikes, lockouts, or transportation interruptions affecting carriers, ports, railways, or freight networks.
• Port congestion, shipping delays, canal closures, customs delays, or other logistics disruptions.
• Shortages of raw materials, manufacturing interruptions, supplier failures, or other supply chain disruptions.
• Utility outages, including interruptions to electricity, internet, telecommunications, or other essential infrastructure.
• Any other event or circumstance beyond the reasonable control of the affected party.

The affected party will provide notice to the other party as soon as reasonably practicable after becoming aware of the Force Majeure Event and will use commercially reasonable efforts to minimize the impact of the delay and resume performance as soon as circumstances permit.

During the period of the Force Majeure Event, any affected performance obligations will be suspended to the extent reasonably necessary.

If a Force Majeure Event continues for more than sixty (60) consecutive calendar days and materially prevents fulfillment of the affected order, either party may terminate that order by providing written notice to the other party.

If an order is terminated under this section before delivery due solely to a force majeure event, the seller will refund any amounts paid by the buyer for products or services that have not been delivered or performed, less any non-refundable third-party costs or expenses already incurred on the buyer’s behalf, where permitted by applicable law. Any refund will be processed using the original payment method unless otherwise agreed by the parties.

Nothing in this section limits or affects any consumer rights that cannot be excluded or waived under applicable law.

We are committed to resolving customer concerns fairly, promptly, and professionally. If a dispute arises regarding these Terms & Conditions or any purchase made through Nex Containers, the following dispute resolution process will apply where permitted by applicable law.

1. Good-Faith Resolution

Before initiating formal proceedings, both the Buyer and the Seller agree to make a good-faith effort to resolve the matter through direct communication.

Customers may contact us using the following information:

Email: info@nexcontainers.com
Phone: +1 (661) 612-4792

We aim to acknowledge customer inquiries promptly and make reasonable efforts to resolve disputes as quickly as possible.

2. Mediation

If a dispute cannot be resolved through good-faith discussions within thirty (30) days, either party may request non-binding mediation. Unless otherwise agreed in writing, the mediation will be conducted in Kern County, California, before a mutually agreed-upon independent mediator.

Unless otherwise agreed during the mediation process or required by applicable law, each party will be responsible for its own costs and expenses associated with the mediation.

3. Binding Arbitration

If mediation does not resolve the dispute, either party may submit the matter to binding arbitration, where permitted by applicable law. Unless otherwise agreed in writing, arbitration shall be conducted in Kern County, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration provider.

The arbitrator’s decision shall be final and binding to the fullest extent permitted by applicable law, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class Action Waiver

To the fullest extent permitted by applicable law, both the Buyer and the Seller agree that any dispute shall be resolved on an individual basis only. Neither party shall participate in a class action, class arbitration, consolidated action, or representative proceeding, unless otherwise required by applicable law.

Consumer Rights

Nothing in this Dispute Resolution section is intended to limit, restrict, or waive any rights, remedies, or legal protections that cannot be waived under applicable federal, state, or local law. If any provision of this section is found to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.

These Terms & Conditions, and any dispute, claim, or controversy arising out of or relating to these Terms, your purchase of products or services, or any transaction with Nex Containers (“Seller”), shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

To the extent a dispute is not subject to arbitration, or where judicial proceedings are otherwise permitted under these Terms & Conditions or applicable law, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Kern County, California, unless otherwise required by applicable law.

Nothing in this section is intended to limit, restrict, or exclude any mandatory consumer rights, remedies, or legal protections available under applicable federal, state, or local law.

If any provision of these Terms &Conditions is determined by a court or arbitrator of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable while preserving its original intent as closely as possible.

The remaining provisions shall remain valid, enforceable, and in full force and effect.

No failure or delay by either party in exercising any right, remedy, or provision under these Terms & Conditions shall constitute a waiver of that right or remedy.

Any waiver shall be effective only if made in writing and signed by an authorized representative of the party granting the waiver.

A waiver relating to a specific event or circumstance shall not be interpreted as a continuing waiver or as a waiver of any subsequent breach, default, or provision.

These Terms & Conditions, together with our published policies and any written order confirmation or invoice issued by Nex Containers, constitute the entire agreement between the Buyer and the Seller concerning the purchase of products and related services.

This agreement includes, where applicable:

• Privacy Policy – Explains how we collect, use, store, and protect personal information.
• Refund Policy – Describes eligibility for cancellations, returns, refunds, warranties, and related procedures.
• Shipping & Delivery Policy – Provides information regarding delivery methods, estimated transit times, delivery requirements, inspection procedures, and associated charges.

These documents supersede all prior or contemporaneous communications, negotiations, proposals, representations, understandings, or agreements, whether written, oral, or implied, relating to the same subject matter.

No amendment, modification, or waiver of these Terms & Conditions shall be effective unless:

• Published by Nex Containers on its website with an updated effective or revision date; or
• Agreed to in writing and signed by both the Buyer and an authorized representative of the Seller for the specific transaction.

If any conflict exists between these Terms & Conditions and a separately executed written agreement signed by both parties, the signed written agreement shall govern solely with respect to that transaction.

If you have any questions, concerns, or inquiries regarding these Terms & Conditions, your purchase, or any transaction with Nex Containers, please contact us using the information below. Our team is committed to providing timely, professional assistance and addressing your inquiries in a fair and transparent manner.

For inquiries relating to Terms & Conditions, contracts, custom orders, legal matters, or dispute resolution, please include “Terms & Conditions” in the subject line of your email to help us direct your request to the appropriate department.

We strive to acknowledge customer inquiries promptly and aim to respond within five (5) business days, although response times may vary depending on the nature, complexity, or volume of requests. Our goal is to provide clear, accurate, and timely support throughout every stage of your experience with Nex Containers.