GENERAL TERMS AND CONDITIONS
ARTICLE 1 – PURPOSE OF THE CONTRACT
These General Terms and Conditions of Sale (“GTC”) define the terms under which Counter Container provides its services, regardless of the type of service (sale, repair, modification/transformation, delivery, container preparation, warehousing, etc.).
Placing an order or accepting a quotation implies the Client’s full and unconditional acceptance of these GTC, which are available on the website or upon request. No special terms or other general terms and conditions of the Client shall prevail over these GTC. The Client expressly waives the application of its own terms and conditions of purchase. In the event of any conflict between the Client’s terms and these GTC, the present GTC shall prevail.
Counter Container reserves the right to amend these GTC at any time. Any amendments shall apply to all orders placed after the date of modification. The failure of Counter Container to enforce any provision at a given time shall not be construed as a waiver of its right to enforce such provision at a later date.
ARTICLE 2 – PRICE
Counter Container shall only be bound by a quotation, pro forma invoice, or order confirmation once it has been accepted by the Client.
Prices are valid for the period stated in the quotation or pro forma invoice. In the absence of such indication, the prices invoiced shall be those in force on the date of delivery of the goods or completion of the services.
Unless otherwise stated, prices are exclusive of VAT and any other applicable taxes.
ARTICLE 3 – PERFORMANCE OF SERVICES
Counter Container shall perform its obligations with reasonable care and skill in accordance with the Supply of Goods and Services Act 1982 and, where applicable, the Consumer Rights Act 2015.
Delivery times are provided for guidance only and shall not constitute a binding obligation unless expressly agreed in writing. Time for performance shall commence only upon receipt of any agreed deposit and all necessary information required from the Client.
Any modification requested by the Client to the agreed services shall be subject to a written amendment or new quotation, which must be accepted before implementation.
Counter Container reserves the right to subcontract all or part of the services without prior consent from the Client.
ARTICLE 4 – LIABILITY
4.1 Delay
Delay in performance shall not entitle the Client to cancel the contract or claim compensation unless expressly agreed in writing.
4.2 Inspection Upon Delivery
The Client must inspect the goods and/or services upon delivery. Any claim for visible defects, damage, or non-conformity must be made in writing at the time of delivery or within 48 hours thereof. Failing this, the goods/services shall be deemed accepted.
4.3 Hidden Defects
Nothing in these GTC shall exclude or limit liability where such exclusion is prohibited under UK law. Subject to this, Counter Container shall not be liable for defects arising from misuse, improper storage, modification, or normal wear and tear.
4.4 Limitation of Liability
Nothing in these GTC shall exclude or limit liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
any matter which cannot be excluded under UK law.
Subject to the above, Counter Container’s total liability shall not exceed the total amount paid by the Client for the relevant service or £2,500, whichever is lower.
Counter Container shall not be liable for any indirect or consequential loss, including loss of profit, loss of business, or loss of opportunity.
4.5 Unloading Location
The Client is responsible for ensuring that the delivery and unloading location is accessible and suitable. Any additional costs arising from inaccessibility shall be borne by the Client.
4.6 Use of Containers
Containers are supplied for transport, storage, or agreed conversion purposes only. Counter Container shall not be liable for use outside the intended purpose unless expressly agreed in writing.
Any legal action must be commenced within twelve (12) months from the date of delivery or completion of services.
ARTICLE 5 – RETENTION OF TITLE
Title to the goods shall remain with Counter Container until full payment has been received in cleared funds.
Until ownership passes, the Client shall:
store the goods separately;
not resell, alter, or encumber them;
maintain them in satisfactory condition.
Counter Container reserves the right to repossess unpaid goods.
ARTICLE 6 – TRANSFER OF RISK
Risk in the goods shall pass to the Client upon delivery or collection.
The Client is responsible for insuring the goods from the moment risk passes.
ARTICLE 7 – TRANSPORT
Where transport is arranged by the Client, goods travel entirely at the Client’s risk.
Counter Container’s responsibility is limited to loading the container onto the appropriate chassis. The securing of goods and compliance with transport regulations are the sole responsibility of the Client or its carrier.
ARTICLE 8 – FORCE MAJEURE
Counter Container shall not be liable for failure or delay resulting from events beyond its reasonable control, including but not limited to strikes, natural disasters, extreme weather, governmental actions, supply chain disruption, or civil unrest.
ARTICLE 9 – PAYMENT TERMS
Unless otherwise agreed in writing, payment is due within 30 days of the invoice date.
In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, Counter Container reserves the right to charge statutory interest and reasonable recovery costs on overdue payments.
Failure to pay may result in suspension of further services and immediate payment of all outstanding sums.
ARTICLE 10 – JURISDICTION AND GOVERNING LAW
These GTC shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these GTC.