GENERAL TERMS AND CONDITIONS OF SALE

Website: https://goliat-container.com
Email: contact@goliat-container.com
Currency: USD

ARTICLE 1 – PURPOSE OF THE AGREEMENT

These General Terms and Conditions of Sale (“GTCS”) define the conditions under which Goliat Container provides its services, including but not limited to the sale, rental, repair, modification, transformation, storage, and preparation of containers (“Services”).

Placing an order or accepting an offer constitutes full and unconditional acceptance of these GTCS, which are also available on https://goliat-container.com or upon request.

No other general terms or special conditions from the Client shall override these GTCS. In case of contradiction, these GTCS prevail.

Goliat Container may modify these GTCS at any time, and the updated version applies to all orders placed after the modification date. Failure to enforce any provision does not constitute a waiver.

ARTICLE 2 – PRICES

Only acceptance of the order, quote, or pro forma invoice by the Client binds Goliat Container.
Price offers are valid for the duration stated in the quote; otherwise, applicable prices are those in effect on the date of delivery or performance.

ARTICLE 3 – PERFORMANCE OF SERVICES

Goliat Container’s obligations are obligations of means, not results.
Delivery or performance timelines are provided for reference only and are not guaranteed. They begin only after receipt of the required deposit and all necessary information from the Client.

Any change requested by the Client requires a written amendment or a new approved quote.
Goliat Container may subcontract any or all Services without Client approval.

ARTICLE 4 – LIABILITY & OBLIGATIONS

4.1 Delays

Delays shall not justify order cancellation nor entitle the Client to any compensation.

4.2 Inspection at Delivery

The Client must inspect the goods/services upon delivery (quality, quantity, conformity).
Visible defects must be reported at the time of delivery.
Absent written reservations, goods/services are deemed fully compliant, and Goliat Container’s liability cannot be invoked.
Remedies for non-conformity are limited to repair or replacement only.

4.3 Exclusion for Hidden Defects

Goliat Container shall not be liable for hidden defects or non-visible damages.
The Client expressly waives all related claims.

4.4 Container Preparation for Transport

Goliat Container is not liable for costs arising from non-compliant or damaged containers unless directly caused by its proven negligence.
The Client must verify container condition, settings, and specifications (including refrigeration settings).

Any inspection must allow Goliat Container to be present with 72 hours’ minimum notice.
Findings from unilateral inspections are not enforceable against Goliat Container.

4.5 Storage / Bailment

Goliat Container’s liability is limited to damages caused by its proven negligence.
No liability applies for force majeure events.

4.6 Limitation of Liability

Regardless of the claim, total liability of Goliat Container shall not exceed the lower of:

• the amount invoiced for the disputed Service, or

• $2,500 USD.

Liability is limited to direct material damages only.
The Client waives all claims for indirect, consequential, immaterial, loss-of-use, loss-of-profit, or bodily injury damages.

4.7 Inaccessible Delivery Site

Goliat Container is not liable for additional costs resulting from inaccessible delivery or unloading locations.
If the carrier deems the site unsafe/inaccessible, all additional costs (transport, storage, return transport, etc.) are borne by the Client.

4.8 Container Use

Containers provided by Goliat Container are intended for transportation use only.
Goliat Container is not liable for damages arising from any other use.

Goliat Container’s services are not construction work; U.S. construction-related liabilities and warranties do not apply.

All claims must be filed within 12 months of Service completion.

4.9 No Legal Fees or Damages

The Client may not claim damages, legal costs, or reimbursement of any expenses.

ARTICLE 5 – RETENTION OF TITLE

Goliat Container retains ownership of goods until full payment is received.
In case of non-payment, Goliat Container may reclaim the goods without prior notice.
Any deposits paid remain with Goliat Container as compensation.
Goods may not be sold, modified, or transferred before full payment.

ARTICLE 6 – TRANSFER OF RISK

Upon delivery or issuance of an interchange document, risk transfers to the Client.
The Client must maintain proper insurance for loss, theft, damage, or liability.

ARTICLE 7 – TRANSPORT RISK

All goods travel at the Client’s risk.
If transport is arranged by the Client or its representatives, they assume full responsibility for loading, securing, and transporting the container.

The Client must ensure correct twist-lock engagement and strapping when required.
Goliat Container is not liable for damages resulting from improper securing or transport.

The Client agrees to indemnify and hold Goliat Container harmless from all third-party claims related to transportation or securing.

ARTICLE 8 – FORCE MAJEURE

Goliat Container is not liable for delays or failures caused by force majeure events, including but not limited to:
strikes, labor disruptions, pandemics, natural disasters, severe weather, transportation shortages, accidents, fires, power/infrastructure failures, government restrictions, acts of terrorism or war, cyberattacks, or any event beyond reasonable control.

Timelines may be extended or suspended accordingly.

ARTICLE 9 – PAYMENT TERMS

Invoices are payable according to the terms stipulated in the quote, order, or invoice.
Absent special terms, payment is due within 30 days of delivery or performance.
No early-payment discounts apply.

Late payments accrue interest at 1% per month (12% annual).
Invoices unpaid 8 days after written notice incur a 15% penalty.

Failure to pay any invoice accelerates all outstanding balances, which become immediately due.

ARTICLE 10 – GOVERNING LAW & JURISDICTION

These GTCS are governed by the laws of the State of Texas.
Any dispute shall be brought exclusively before the state or federal courts located in Houston, Texas, which shall have sole jurisdiction.

The Parties waive any objection regarding jurisdiction or inconvenient forum.