Terms & Conditions

Texas Container Direct
Effective Date: August 5, 2026

These Terms and Conditions ("Agreement") apply to all sales, rentals, financing arrangements, deliveries, services, and transactions involving shipping containers or related products provided by Texas Container Direct ("Company," "we," "our," or "us") to the purchaser, renter, or customer ("Customer" or "Buyer").

By requesting a quote, placing an order, signing electronically, making payment, financing a purchase, renting equipment, or accepting delivery, Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.

 

1. Product Condition

Unless expressly stated otherwise in writing, all used containers are sold AS IS, WHERE IS, WITH ALL FAULTS.

Used containers may contain dents, scratches, rust, patches, repairs, fading, floor wear, discoloration, and other cosmetic or structural imperfections consistent with prior shipping and storage use.

Container grades, dimensions, colors, photographs, and descriptions are approximate and are provided for identification purposes only. Actual condition and appearance may vary.

 

2. Quotes & Pricing

All quotations are non-binding and subject to change without notice until accepted by the Company and payment is received.

Pricing may change due to inventory availability, transportation costs, fuel surcharges, tariffs, market fluctuations, equipment availability, or other factors beyond the Company's control.

Quoted delivery pricing assumes normal, legal, and accessible delivery conditions.

Applicable sales tax and governmental charges will be added unless Customer provides a valid exemption certificate before invoicing.

 

3. Payment Terms

Payment shall be made according to the invoice, financing agreement, rental agreement, or approved payment schedule.

Past-due accounts may be assessed:

• Interest and/or late charges as permitted by applicable law;

• Returned payment fees;

• Collection costs;

• Attorney's fees to the extent recoverable under applicable law;

• Court costs;

• Repossession expenses; and

• Any other lawful costs incurred in collecting amounts due.

Acceptance of a late or partial payment shall not constitute a waiver of any default or any rights of Texas Container Direct.

The Company may refuse delivery, suspend performance, or cancel an order until payment obligations are satisfied.

 

4. Ownership; Security Interest

Title to all containers shall remain solely with Texas Container Direct until all amounts owed by Customer have been paid in full, including the purchase price, delivery charges, taxes, finance charges, fees, and any other amounts due.

Until paid in full, Customer grants Texas Container Direct a purchase money security interest in the container and agrees to execute any documents reasonably requested to perfect or protect that security interest.

Customer shall not sell, transfer, lease, pledge, or otherwise dispose of the container before full payment without the Company's prior written consent.

 

5. Default & Remedies

Customer shall be in default if:

• Any payment is late or missed;

• Customer breaches any financing or payment agreement;

• Customer provides false or misleading information;

• Customer attempts to sell, relocate, conceal, or transfer the container before payoff without written consent; or

• Customer otherwise violates this Agreement.

Upon default, Texas Container Direct may, to the fullest extent permitted by law:

• Accelerate the remaining balance;

• Cancel financing or payment arrangements;

• Repossess the container without judicial process where permitted by law and without breach of the peace;

• Pursue collection through legal proceedings;

• Recover damages, court costs, attorney's fees to the extent recoverable under applicable law, repossession costs, and other lawful expenses.

Any personal property found inside a repossessed container may be removed, stored, or disposed of as permitted by applicable law.

 

6. Delivery

Customer is solely responsible for ensuring that the delivery location is safe, level, accessible, and legally suitable for delivery equipment.

Customer is responsible for obtaining all necessary permits, approvals, HOA authorization, easements, and utility locates before delivery.

Texas Container Direct shall not be responsible for:

• Driveway, pavement, or concrete damage;

• Lawn or landscaping damage;

• Underground utilities or drainage systems;

• Damage resulting from unsuitable site conditions;

• Delays caused by weather, traffic, governmental restrictions, equipment breakdown, or circumstances beyond the Company's reasonable control.

Additional charges may apply for:

• Failed deliveries;

• Waiting time;

• Redelivery;

• Crane or special equipment requirements;

• Storage resulting from Customer delays.

 

7. Inspection & Acceptance

Customer shall inspect the container immediately upon delivery.

Any claim concerning incorrect condition, damage, shortages, or nonconformity must be submitted in writing within forty-eight (48) hours after delivery. Failure to provide timely written notice constitutes acceptance of the container.

 

8. Risk of Loss

Risk of loss passes to Customer immediately upon delivery, regardless of whether title has transferred.

Customer is solely responsible for securing, maintaining, and insuring the container after delivery.

 

9. Disclaimer of Warranties

To the fullest extent permitted by Texas law, Texas Container Direct disclaims all express and implied warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, except as expressly provided in a written warranty signed by an authorized representative of the Company.

 

10. Limitation of Liability

To the fullest extent permitted by law, Texas Container Direct shall not be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages arising from or relating to the purchase, delivery, condition, financing, rental, or use of any container.

The Company's total liability shall not exceed the amount actually paid by Customer for the specific container giving rise to the claim.

 

11. Customer Responsibilities

Customer agrees:

• To comply with all applicable federal, state, and local laws;

• To obtain all permits and approvals;

• To comply with zoning and HOA restrictions;

• Not to use containers for unlawful purposes;

• Not to make unsafe structural modifications;

• To verify final placement location before delivery.

 

12. Cancellations & Refunds

Deposits may be non-refundable once inventory has been reserved, transportation scheduled, modifications begun, or expenses incurred.

Special-order, modified, painted, customized, or non-standard containers are generally non-cancelable and non-refundable unless otherwise agreed in writing.

 

13. Force Majeure

Texas Container Direct shall not be liable for delays or failure to perform resulting from causes beyond its reasonable control, including acts of God, severe weather, floods, fires, labor shortages, strikes, governmental actions, supply chain disruptions, transportation delays, equipment failures, pandemics, or other unforeseen events.

 

14. Communications & Electronic Signatures

Customer consents to receive communications concerning orders, payments, financing, collections, and account matters by telephone, email, text message, or other electronic means using the contact information provided.

Electronic signatures, electronic records, and electronic acceptance shall have the same legal effect as original handwritten signatures.

 

15. Governing Law & Venue

This Agreement shall be governed by the laws of the State of Texas without regard to conflict-of-law principles.

Any legal action arising from this Agreement shall be brought exclusively in the state or federal courts located in Collin County, Texas, and Customer consents to the jurisdiction of those courts.

 

16. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

17. Entire Agreement

These Terms and Conditions, together with any invoice, financing agreement, rental agreement, purchase order, quote, or written contract issued by Texas Container Direct, constitute the complete agreement between the parties.

No oral statement, representation, or promise shall modify this Agreement unless made in a written document signed by an authorized representative of Texas Container Direct.

 

18. Acceptance

By requesting a quote, placing an order, making payment, financing a purchase, renting equipment, signing electronically, or accepting delivery, Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.

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