It is understood and agreed that this invoice embodies the complete understanding of Buyer and iCON relative to this sale and the terms and conditions thereof may not be revised or modified in any way, unless agreed upon in writing and so signed by Buyer and by iCON. Prior to the purchase of the Buyer, the Seller has used the Equipment solely for international transportation. Buyer acknowledges that the sold Containers are instruments of international traffic as defined by (19 U.S.C. 1322(a)), under temporary import and that this Equipment is intended for use in international trade only. The title of the Equipment is transferred to the Buyer whilst the Equipment is in international circulation. If the domestic Buyer does not use the Containers in international traffic (shipping containers), Buyer agrees to arrange for reporting, domesticating, and neutralizing the container at his own cost. Buyer accepts such responsibilities upon taking control of the container and/or making invoice payment.
Buyer must pay the invoice for the Equipment in quantities and prices as specified in this invoice in full without any deduction. If not otherwise agreed with in writing, the payment is due upon receipt of invoice immediately and prior to delivery of any Equipment to the Buyer, by either company check or wire transfer. Overdue payments may be subject to a service charge equal to the lesser of 1.5% per month or the highest legal rate. All Containers remain the property of the Seller until payment is received by iCON in full. Failure of Seller to deliver all Units in this contract shall not be a breach by Seller, but shall simply reduce the number of Units contracted and consequently reduce the amount owed on a per Unit cost.
Unless otherwise indicated on the front side of this invoice, all Equipment is sold “as is, where is”, as inspected or as could have been inspected. Buyer acknowledges that one-trip Units are used one-way by international steamship lines and may arrive by ship, truck, rail or other means and that such Equipment will have wear and tear and other marks related to such use. Buyer has to pick up Equipment at their own expense, under release number given, within 14 days from notification/release from the location indicated by the Seller. Thereafter, Buyer will be billed the storage charges as occurred but no less than of $3.00 per day/unit. Or, otherwise, iCON may cancel the sale. The Buyer is to contact the depot prior to pick up to make sure equipment is accessible. iCON is not responsible for any waiting time or dry runs and shall have no liability whatsoever for loss or damage due to late delivery or non-delivery of the Equipment subject to this invoice. Buyer agrees to accept the Unit in the condition that it leaves from the depot. In the event that incorrect Equipment is picked up by Buyer’s negligence, Buyers must by all means return incorrect Equipment to the location where it was picked up at their own expense.
The purchase price does not include taxes of any kind or other amounts. Buyer agrees to assume exclusive liability for and to pay, indemnify and hold iCON harmless for all sales or use taxes, transfers, titles and registration fees, VAT, domestications, personal property taxes or other taxes, tolls, levies, imposts, duties or governmental charges imposed in connection with the sale of Equipment covered by this invoice, or any services rendered by iCON in connection with this invoice, including any penalties, fines or interest thereon.
The Buyer agrees that the Equipment will not be resold or otherwise disposed of in an country unless Buyer pays all applicable customs or/and other taxing authorities including any value added tax or other taxes and import duties due upon import and/or domestication of the Equipment, or any services rendered by iCON in connection with this invoice, including any penalties, fines or interest thereon. If Buyer chooses to import Equipment in order to convert them to domestic use, then the Buyer agrees to do so entirely at their own costs including any customs and/or import dues and taxes upon domestication. iCON makes no representation as to the prior payment or current application of import duties or other taxes.
Buyer agrees and is responsible at his expense, for the “neutralization” of the Equipment and will promptly remove all previous ownership markings and identification plates. Buyer will defend at its own expense and indemnify and hold harmless iCON from and against any and all claims, losses, damage, liabilities, demands, actions, costs, expenses and fees (including attorney’s fees) arising out of, or in connection with, the sale of the Equipment to Buyer or any subsequent use, operation or disposition of the Equipment not being properly neutralized.
All Equipment sold under this agreement is purchased by the Buyer on an “AS IS, WHERE IS” basis without covenant or warranty by the Seller of any kind, expressed or implied including without limitation, warranties of merchantability, fitness for particular purpose of condition of the Equipment. iCON disclaims and Buyer waives and releases iCON from any and all representations and warranties in all respects. Buyer acknowledges and agrees that iCON shall have no liability to them for any claim, loss or damage, either directly, indirectly, incidentally or consequentially by the Equipment or whatsoever in connection therewith arising in strict liability or otherwise.
This Agreement shall be construed and interpreted according to the laws of the State of Florida with its place of jurisdiction in the city of Plantation.
Consequential Damages: Under no circumstances shall iCON be liable hereunder for any lost of profits for special, consequential, or exemplary damages, even if iCON has been advised of the possibility of such damages.
Remedies: The remedies reserved to iCON herein shall be cumulative and in addition to any other or further remedies provided by law.
Waiver: iCON’s failure to insist on performance of any of the terms and conditions of this invoice, or iCON’s waiver of any breach, shall not act as a waiver of any other term or condition or any subsequent breach.
Furthermore, if iCON’s performance of this sale is, in whole or in part, prevented or hindered by any cause whatsoever, iCON shall have the right to cancel, without any liability on its part, the entire or any portion or portions of this order so affected.
If you no longer wish to receive a copy of our ‘Terms and Conditions for Sale of Equipment’ with every invoice, please notify us by returning the following statement duly signed by an authorized officer.
We (the Buyer) herewith accept this ‘Terms and Conditions for Sale of Equipment’ as advised to me by iCON for all future purchases and confirm that we will no longer require them to be attached to any future invoices and/or sales paperwork.