Terms of Service

1. Acceptance of Terms

2. Company Information

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Nex Containers, the owner and operator of nexcontainers.com.

Nex Containers

Business Address
4608 Saco Rd.
Bakersfield, CA 93308
United States

Phone
+1 (661) 612-4792

Email
info@nexcontainers.com

Throughout these Terms, the references “Nex Containers,” “we,” “us,” and “our” refer to Nex Containers. The terms “you” and “your” refer to any individual, business, or other entity accessing our website, creating an account, or purchasing our products or services. By accessing or using our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

3. Eligibility

To access and use the Nex Containers website and purchase our products or services, you must satisfy the following eligibility requirements:

• Age Requirement: You must be at least 18 years of age. By accessing our website or placing an order, you represent and warrant that you are at least 18 years old or have the legal authority to enter into a binding agreement under applicable law.
• Legal Capacity: You must have the legal capacity to enter into a valid and enforceable contract in your jurisdiction and to fulfill your obligations under these Terms.
• Authorized Representative: If you access our website or place an order on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to act on behalf of and legally bind that entity to these Terms of Service.
• Compliance with Applicable Laws: You agree to use our website and purchase our products or services in accordance with all applicable federal, state, local, and international laws, regulations, and legal requirements. You are responsible for ensuring that your use of our website and any purchases comply with the laws applicable to your location and intended use.

4. Use of Website

You agree to access and use the Nex Containers website only for lawful purposes and in accordance with these Terms of Service. You agree not to engage in any activity that could interfere with the security, integrity, availability, or proper operation of our website or adversely affect the experience of other users. In particular, you agree not to:

• Disruption or Interference: Use any device, software, automated process, or other method to interfere with or disrupt the operation, security, performance, or availability of our website, servers, networks, or related systems.
• Unauthorized Access: Attempt to gain unauthorized access to any portion of our website, customer accounts, computer systems, databases, or networks, or attempt to bypass any security or authentication measures implemented by Nex Containers.
• Automated Data Collection: Use robots, bots, crawlers, scrapers, data mining tools, or other automated technologies to access, monitor, copy, or collect content or information from our website without our prior written authorization, except where permitted by applicable law.
• Malicious or Harmful Activity: Upload, transmit, distribute, or introduce viruses, malware, ransomware, Trojan horses, worms, malicious code, or any other technology intended to damage, disable, overburden, or impair our website or related systems.
• Misrepresentation or Impersonation: Impersonate any individual, business, or organization, misrepresent your identity or affiliation, or provide false, inaccurate, misleading, or fraudulent information when creating an account, submitting an inquiry, requesting a quotation, or placing an order.
• Unauthorized Commercial Use: Copy, reproduce, modify, distribute, publish, license, sell, or otherwise exploit any portion of our website, content, images, trademarks, or materials for commercial purposes without the prior written consent of Nex Containers, except as otherwise permitted by applicable law.
• Compliance with Applicable Laws: Use our website in compliance with all applicable local, state, federal, and international laws and regulations. You agree not to use our website for any unlawful, fraudulent, deceptive, or unauthorized purpose.

  🚫 Violation of These Terms
If we reasonably determine that you have violated these Terms of Service or engaged in unlawful, fraudulent, or unauthorized use of our website, Nex Containers reserves the right, to the extent permitted by applicable law, to suspend or terminate your access to the website, cancel or refuse pending orders where appropriate, and take any other actions reasonably necessary to protect our business, customers, and website. Where required or appropriate, we may cooperate with law enforcement or regulatory authorities and comply with applicable legal obligations.

5. Account Registration

Certain features of the Nex Containers website may require you to create an account to place orders, manage purchases, or access account-related services. If you register for an account, you agree to comply with the following requirements:

• Accurate and Complete Information: You agree to provide accurate, current, and complete information during the registration process and to promptly update your account information whenever necessary to ensure it remains accurate and up to date.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities conducted through your account. You agree to take reasonable measures to protect your login information from unauthorized access.
• Unauthorized Use: If you become aware of any unauthorized access to your account, suspected security breach, or unauthorized use of your login credentials, you must notify Nex Containers promptly by contacting us at info@nexcontainers.com so that appropriate steps may be taken to help secure your account.
• Account Ownership: Unless otherwise authorized by Nex Containers, each individual may maintain only one personal account. The creation or use of multiple accounts for fraudulent, deceptive, abusive, or unauthorized purposes is strictly prohibited.
• Account Suspension or Termination: Nex Containers reserves the right, where reasonably necessary and to the extent permitted by applicable law, to suspend, restrict, or terminate an account if we reasonably believe these Terms have been violated, false or misleading information has been provided, fraudulent or unauthorized activity has occurred, or continued access may compromise the security or integrity of our website, customers, or business operations.

6. Product Descriptions & Pricing

Nex Containers strives to provide accurate, complete, and up-to-date information regarding our products, including descriptions, specifications, dimensions, images, pricing, and availability. We make reasonable efforts to ensure that all information displayed on our website is accurate at the time it is published; however, occasional errors, omissions, or updates may occur.

Product photographs are provided for illustrative purposes and may not always represent the exact unit available for purchase. Because many of our products are new, used, refurbished, or custom-configured shipping containers, variations in appearance, color, markings, condition, or manufacturer may exist. Where applicable, individual product listings will identify the product condition and any notable features or characteristics.

All prices are displayed in U.S. Dollars (USD) unless otherwise stated and are subject to change without prior notice. Pricing does not include applicable taxes, shipping charges, delivery fees, customization costs, or other additional charges unless expressly stated. Final pricing will be confirmed during the order process or in your written quotation.

If we discover an error in a product description, specification, availability, or pricing after an order has been submitted, Nex Containers reserves the right, to the extent permitted by applicable law, to correct the information and contact you with the updated details before processing your order. If you do not wish to proceed under the corrected terms, you may cancel your order in accordance with our applicable policies.

⚠️Price Accuracy

Nex Containers makes reasonable efforts to ensure that all product prices and related information displayed on our website are accurate and up to date. However, occasional pricing, typographical, or system errors may occur. As part of our order review process, we verify pricing before an order is accepted and processed. If we identify a material pricing error that affects your order, we will notify you as soon as reasonably practicable and provide the opportunity to confirm your order at the correct price or cancel the order. If payment has already been received and you choose not to proceed, or if the order cannot be fulfilled due to the pricing error, we will issue a full refund using the original method of payment in accordance with our Refund Policy.

7. Orders & Payment

7.1 Order Acceptance

By submitting an order through the Nex Containers website, by telephone, or through another authorized sales channel, you are making an offer to purchase the selected products or services. All orders are subject to review, verification, and acceptance by Nex Containers. Submission of an order does not guarantee its acceptance or create a binding obligation for Nex Containers to fulfill the order.

We reserve the right, in accordance with applicable law, to decline, cancel, or limit an order where reasonably necessary, including, but not limited to, the following circumstances:

• Product unavailability or inventory discrepancies.
• Pricing, typographical, or system errors.
• Suspected fraudulent, unauthorized, or unlawful activity.
• Inability to verify payment information, billing details, or customer identity.
• Delivery restrictions, service limitations, or regulatory requirements affecting the requested delivery location.
• Circumstances beyond our reasonable control that prevent order fulfillment.

An order is considered accepted only after (1) payment has been successfully authorized or otherwise approved, where applicable, (2) order details have been reviewed and verified by Nex Containers, and (3) an order confirmation or shipment confirmation has been issued by us. Receipt of an automated order acknowledgment or payment receipt does not, by itself, constitute acceptance of your order.

7.2 Payment Terms

Important Payment Information

Unless otherwise agreed in writing, all prices are quoted in U.S. Dollars (USD). Accepted payment methods, applicable taxes, delivery charges, and any additional fees will be disclosed during the order process or in your written quotation. Payment requirements may vary depending on the product, order type, customer account status, or financing arrangements, where applicable.

7.3 Accepted Payment Methods

Nex Containers accepts a variety of secure payment methods to provide a convenient purchasing experience. The payment options available for your order may vary based on your location, order type, order value, and account status.

• Credit & Debit Cards: We accept major credit and debit cards, including Visa, Mastercard, American Express, and Discover, where available.
• Secure Digital Payments: Eligible orders may be paid using trusted payment providers such as PayPal and Stripe, subject to availability.
• Bank Transfers: We accept ACH transfers for eligible domestic U.S. transactions and SWIFT wire transfers for approved international orders. Payment instructions will be provided after order confirmation.
• Cash on Delivery (COD): Available only for select U.S. orders and qualifying delivery locations, subject to prior approval by Nex Containers. Please contact our sales team to confirm eligibility before placing your order.
• Financing Options: Qualified customers may be eligible for financing through approved third-party lending partners. Financing is subject to credit approval and lender terms and conditions and may not be available for all products or locations.

Payment Security

To help protect our customers, all payments are processed using secure payment technologies. Nex Containers does not request or accept payment through unauthorized channels. We recommend verifying all payment instructions directly with our team before submitting funds. Payment availability and processing requirements may change without prior notice.

8. Shipping & Delivery

By submitting an order through the Nex Containers website, by telephone, or through another authorized sales channel, you are making an offer to purchase the selected products or services. All orders are subject to review, verification, and acceptance by Nex Containers. Submission of an order does not guarantee its acceptance or create a binding obligation for Nex Containers to fulfill the order.

We reserve the right, in accordance with applicable law, to decline, cancel, or limit an order where reasonably necessary, including, but not limited to, the following circumstances:

• Product unavailability or inventory discrepancies.
• Pricing, typographical, or system errors.
• Suspected fraudulent, unauthorized, or unlawful activity.
• Inability to verify payment information, billing details, or customer identity.
• Delivery restrictions, service limitations, or regulatory requirements affecting the requested delivery location.
• Circumstances beyond our reasonable control that prevent order fulfillment.

An order is considered accepted only after (1) payment has been successfully authorized or otherwise approved, where applicable, (2) order details have been reviewed and verified by Nex Containers, and (3) an order confirmation or shipment confirmation has been issued by us. Receipt of an automated order acknowledgment or payment receipt does not, by itself, constitute acceptance of your order.

9. Intellectual Property

By submitting an order through the Nex Containers website, by telephone, or through another authorized sales channel, you are making an offer to purchase the selected products or services. All orders are subject to review, verification, and acceptance by Nex Containers. Submission of an order does not guarantee its acceptance or create a binding obligation for Nex Containers to fulfill the order.

We reserve the right, in accordance with applicable law, to decline, cancel, or limit an order where reasonably necessary, including, but not limited to, the following circumstances:

• Product unavailability or inventory discrepancies.
• Pricing, typographical, or system errors.
• Suspected fraudulent, unauthorized, or unlawful activity.
• Inability to verify payment information, billing details, or customer identity.
• Delivery restrictions, service limitations, or regulatory requirements affecting the requested delivery location.
• Circumstances beyond our reasonable control that prevent order fulfillment.

An order is considered accepted only after (1) payment has been successfully authorized or otherwise approved, where applicable, (2) order details have been reviewed and verified by Nex Containers, and (3) an order confirmation or shipment confirmation has been issued by us. Receipt of an automated order acknowledgment or payment receipt does not, by itself, constitute acceptance of your order.

10. Disclaimers

Nex Containers strives to provide accurate, reliable, and up-to-date information on this website. Our website, including its content, products, services, and features, is provided on an “as available” basis. While we make reasonable efforts to maintain the availability, security, and accuracy of our website, we cannot guarantee uninterrupted access or that all information will always be complete, current, or free from errors. To the extent permitted by applicable law, any warranties not expressly provided by Nex Containers are disclaimed, except where such warranties cannot legally be excluded.

Although we work diligently to maintain a secure and reliable online experience, Nex Containers does not guarantee that:

• The website will always be available, uninterrupted, timely, or error-free.
• The website, servers, or electronic communications will be free of viruses, malware, or other harmful components.
• Product descriptions, specifications, pricing, availability, images, or other website content will always be complete, accurate, or current.
• Any technical issues, defects, or errors will be corrected within a specific timeframe.
• The use of our website or its content will produce any particular result or outcome.

We reserve the right to modify, update, suspend, or discontinue any portion of the website or its services at any time, with or without prior notice, where reasonably necessary.

We make every reasonable effort to ensure that product descriptions, specifications, dimensions, photographs, pricing, and availability are accurate. However, because we sell new, used, refurbished, and custom-modified shipping containers, the products delivered may reasonably vary in appearance, color, markings, manufacturer, condition, or configuration from the images displayed on our website. Product images are provided for illustrative purposes, and the applicable product listing, written quotation, or purchase agreement will govern the specific product being supplied.

For your convenience, our website may include links to third-party websites, products, services, or resources. These links do not constitute an endorsement or recommendation by Nex Containers. Because we do not own or control third-party websites, we are not responsible for their content, accuracy, availability, security, privacy practices, products, or services. Your use of any third-party website is subject to that website’s own terms, conditions, and privacy policies.

Nothing in these Terms of Service is intended to exclude, restrict, or limit any rights, warranties, or remedies that cannot be excluded or limited under applicable consumer protection laws. Where applicable law provides mandatory rights or guarantees, those rights remain in full force and effect.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Nex Containers, including its officers, directors, employees, representatives, agents, affiliates, successors, and assigns, shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your use of our website, products, or services, or these Terms of Service, even if we have been advised of the possibility of such damages and regardless of the legal theory on which the claim is based.

To the maximum extent permitted by applicable law, the total aggregate liability of Nex Containers for any claim arising out of or relating to these Terms, your use of our website, or the purchase of our products or services shall not exceed the total amount actually paid by you to Nex Containers for the specific product or service giving rise to the claim during the twelve (12) months immediately preceding the event that gave rise to the claim.

Except where prohibited by applicable law, Nex Containers shall not be liable for any of the following:

• Indirect Damages: Including loss of profits, revenue, business opportunities, goodwill, or anticipated savings.
• Incidental Damages: Including costs associated with delays, loss of use, substitute products, or business interruption.
• Consequential Damages: Including damages arising from the use of, inability to use, or performance of our website, products, or services.
• Special or Punitive Damages: Including exemplary or punitive damages, whether arising in contract, tort, negligence, strict liability, or otherwise.
• Third-Party Claims: Claims, liabilities, or expenses asserted against you by third parties, except to the extent such liability results directly from Nex Containers’ negligence or other liability that cannot be excluded under applicable law.

Nothing in these Terms of Service is intended to exclude, restrict, or limit any rights, remedies, guarantees, or warranties that cannot be excluded or limited under applicable federal, state, or local law. Where such laws apply, Nex Containers’ liability will be limited only to the maximum extent permitted by applicable law.

You agree, to the fullest extent permitted by applicable law, to defend, indemnify, and hold harmless Nex Containers, together with its officers, directors, employees, representatives, agents, affiliates, successors, and assigns, from and against any claims, demands, actions, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising directly from or relating to:

• Your access to or use of the Nex Containers website, products, or services in violation of these Terms of Service.
• Your breach of any provision of these Terms or any applicable policy referenced herein.
• Your violation of any applicable federal, state, local, or international law, regulation, or the rights of any third party.
• Any false, inaccurate, misleading, or unlawful information, content, or materials that you submit through our website or provide in connection with an order.
• Your unauthorized modification, alteration, improper installation, misuse, negligent operation, or use of any shipping container or related product after delivery.
• Claims, damages, or liabilities arising from your use, transportation, installation, relocation, maintenance, or modification of products purchased from Nex Containers, including claims relating to property damage, personal injury, or non-compliance with applicable building codes, zoning requirements, safety regulations, or other legal requirements, except to the extent caused by Nex Containers’ negligence, willful misconduct, or other liability that cannot be excluded under applicable law.

This indemnification obligation does not apply to the extent that any claim, loss, or damage results directly from the negligence, willful misconduct, or violation of applicable law by Nex Containers. Nothing in this section is intended to limit or waive any rights or remedies that cannot be excluded under applicable law.

Nex Containers is committed to resolving customer concerns promptly, fairly, and in good faith. If a dispute, claim, or controversy arises out of or relates to these Terms of Service, your use of our website, or the purchase of our products or services, the parties agree to follow the dispute resolution process outlined below, unless otherwise required by applicable law.

If a dispute is not resolved through informal discussions within thirty (30) days after written notice of the dispute is received, either party may request that the matter be submitted to non-binding mediation. Unless otherwise agreed in writing, mediation shall be conducted by a mutually selected independent mediator in Kern County, California, or at another location mutually agreed upon by the parties. Each party shall be responsible for its own costs and expenses, while the mediator’s fees shall be shared equally unless otherwise agreed in writing.

Before initiating mediation, arbitration, or court proceedings, you agree to contact Nex Containers and provide a reasonable opportunity to resolve the matter informally. You may contact us using the following information:

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

Upon receiving your inquiry, we will make reasonable efforts to investigate and work with you in good faith to resolve the dispute as promptly as practicable. While many concerns can be resolved within 5 to 10 business days, the time required may vary depending on the nature and complexity of the matter.

If mediation does not resolve the dispute, either party may submit the matter to binding arbitration, to the extent permitted by applicable law. Unless otherwise agreed, arbitration will be administered by the American Arbitration Association (AAA) in accordance with its applicable commercial arbitration rules. The arbitrator’s decision will be final and binding, subject to any rights of review or appeal available under applicable law, and judgment on the arbitration award may be entered in any court having competent jurisdiction.

To the fullest extent permitted by applicable law, any arbitration or legal proceeding shall be conducted on an individual basis and not as part of a class, consolidated, collective, or representative action. Nothing in this section limits any rights that cannot legally be waived under applicable law.

Nothing in this Dispute Resolution section prevents either party from seeking temporary, preliminary, or permanent injunctive or equitable relief from a court of competent jurisdiction where such relief is reasonably necessary to protect intellectual property rights, confidential information, prevent unauthorized access, address alleged fraud, or where applicable law otherwise permits or requires judicial relief. In addition, either party may pursue claims in a court of competent jurisdiction where arbitration is prohibited or otherwise unenforceable under applicable law.

These Terms of Service, your use of the Nex Containers website, and any dispute, claim, or controversy arising out of or relating to these Terms, our products, or our services 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, except where applicable law requires otherwise.

Where a dispute is not subject to arbitration, or where arbitration is unavailable, unenforceable, or otherwise prohibited by applicable law, the parties agree that such dispute may be brought before the appropriate state or federal courts located in Kern County, California, which shall have jurisdiction over the matter, unless another court is required by applicable law. Each party consents to the jurisdiction of those courts for the purpose of resolving such disputes.

Nothing in this section is intended to limit, waive, or exclude any rights, remedies, or protections available to consumers under applicable federal, state, or local laws that cannot lawfully be waived.

Nex Containers shall not be responsible or liable for any delay, interruption, or failure to perform its obligations under these Terms of Service to the extent such delay or failure results from events or circumstances beyond our reasonable control (“Force Majeure Event”). These 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 other widespread health-related events.
• War, armed conflict, acts of terrorism, civil unrest, riots, labor disputes, or government-imposed sanctions.
• Government actions, laws, regulations, embargoes, import or export restrictions, or other governmental orders affecting business operations.
• Port congestion, shipping delays, transportation interruptions, carrier shortages, strikes, or other logistics-related disruptions.
• Supply chain interruptions, shortages of raw materials or components, manufacturing delays, or disruptions involving suppliers or subcontractors.
• Utility failures, including interruptions to electrical power, internet services, telecommunications networks, or other critical infrastructure.
• Any other event or circumstance beyond the reasonable control of Nex Containers that materially affects our ability to perform our contractual obligations.

If a Force Majeure Event occurs, Nex Containers will make reasonable efforts to notify affected customers as soon as practicable and will use commercially reasonable efforts to minimize delays and resume normal operations when circumstances permit. During the affected period, our obligations may be suspended to the extent reasonably necessary.

If a Force Majeure Event continues for more than sixty (60) consecutive days and materially prevents fulfillment of an affected order, either party may request cancellation of that order. If payment has been received for products or services that cannot be provided as a result of the Force Majeure Event, any applicable refund will be issued in accordance with these Terms and our Refund Policy, less any amounts permitted by applicable law or agreed upon in writing for products already delivered, completed work, or services already performed.

If any provision of these Terms of Service is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to applicable law, that provision shall be interpreted, modified, or, if necessary, severed only to the minimum extent required to make it valid and enforceable while preserving, as closely as possible, its original purpose and intent.

The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect to the fullest extent permitted by applicable law.

Nothing in this section is intended to limit or waive any rights, remedies, or protections that cannot be excluded or modified under applicable federal, state, or local law.

Nex Containers may update, revise, or modify these Terms of Service from time to time to reflect changes in our business practices, products, services, legal requirements, or operational needs. We encourage customers to review these Terms periodically to remain informed of any updates.

• Notice of Updates: When changes are made, the revised Terms of Service will be published on this page and the “Last Updated” date will be updated accordingly. The most current version of the Terms will always be available on our website.

• Material Changes: If we make changes that materially affect your rights, obligations, or the manner in which our services are provided, we will make reasonable efforts to provide advance notice before the changes become effective. Such notice may be provided through email (for registered account holders), a prominent notice on our website, or another reasonable method of communication, where appropriate.

• Acceptance of Revised Terms: Your continued access to or use of the Nex Containers website, products, or services after revised terms become effective constitutes your acceptance of the updated terms to the extent permitted by applicable law. If you do not agree with the revised Terms, you should discontinue use of our website and services.

• Existing Orders: Unless otherwise required by applicable law, orders accepted before the effective date of a revised version of these Terms will generally remain subject to the Terms in effect at the time the order was placed, unless both parties agree otherwise in writing.

Stay Informed

We encourage you to review these Terms of Service periodically to stay informed about updates that may affect your use of our website, products, or services. The current version of these Terms is available at nexcontainers.com/terms-of-service.

These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping & Delivery Policy, Payment Policy, and any other policies or documents expressly incorporated by reference, constitute the complete and entire agreement between you and Nex Containers regarding your access to and use of our website, as well as your purchase of our products and services.

These Terms supersede all prior or contemporaneous agreements, communications, negotiations, representations, understandings, and warranties, whether written, oral, or electronic, relating to the same subject matter. Nothing in this section limits or excludes any rights or remedies that cannot be waived under applicable law.

Contact Information

If you have any questions regarding these Terms of Service, need assistance with your order, or wish to submit a legal inquiry or dispute resolution request, please contact Nex Containers using the information below. We are committed to providing timely, professional support and addressing your inquiries in a fair and transparent manner.

For legal inquiries, contract-related questions, or dispute resolution requests, please include “Terms of Service” in the subject line of your email to help us route your inquiry to the appropriate department. We make every reasonable effort to acknowledge customer inquiries promptly and generally respond within five (5) business days, although response times may vary depending on the nature, complexity, or volume of requests.