Terms and Conditions
Article 1 – When do these general Terms & Conditions apply?
1.1. These general Terms & Conditions (“Conditions”) apply to all offers, agreements, purchase orders and acts performed by Your Steel Storage LLC, a Kansas limited liability company, or any legal entity in the Your Steel Storage LLC group of companies (“YSS”), relating to the purchase of container(s) by a buyer (the “Buyer”). These Conditions apply to the legal relationship between YSS and the Buyer, including after the agreement has ended.
1.2. The “Buyer” is any legal person, or entity, entering into a contract with YSS. The term “container(s)”covers all types of containers available from YSS.
1.3. Unless, and only to the extent expressly agreed to in writing by YSS and the Buyer, no additional, conflicting, or differing terms and conditions, whether contained in the Buyer’s purchase order or otherwise, shall be binding on YSS. YSS hereby expressly rejects all terms and conditions not contained herein, whether sent to or received by YSS prior to or after the date of any applicable contract for sale between YSS and the Buyer.
Article 2 – Types of containers.
2.1. YSS sells used containers. Since the container(s) is/are used, the Buyer is not the first owner and user of the object of sale. Used containers have been used multiple times for freight transport by sea over a longer period of time and may show signs of rust and other signs of use or damage, as well as signs of repair and maintenance. The Buyer accepts the container(s) “as is” and “with all faults.” As set forth below, the container(s) are sold without any express or implied warranties.
2.2. The models shown or listed are for illustration purposes only, and deviations, including deviations in color, dimensions, and weight, are possible. Any such deviations shall not be grounds for a claim of breach of contract on the basis of non-conformity of the container(s). YSS only provides the guarantees specified in Articles 6 and 7 of these Conditions.
Article 3 – How does the order process work?
3.1 The order process works as follows:
- The Buyer selects a container or containers.
- The Buyer decides on a delivery method: pick-up or delivery.
- The price corresponding to the Buyer’s selection is displayed.
- The Buyer agrees to these Conditions.
- The Buyer selects one of the available payment methods and makes the payment.
- After the payment has been made, the Buyer receives an order confirmation by e-mail and an invoice with detailed sales Tax information within 24 hours.
3.2. The Buyer is responsible for providing the correct information during the ordering process. The Buyer will be charged for costs incurred as a result of or related to incorrect information, including delivery to a different address than the one provided during the payment process. YSS shall not be liable for any damages caused by incorrect information provided by the Buyer.
3.3. After the Buyer has completed the order in YSS’s online shop by paying the purchase price of the container(s) and any additional costs, the delivery process will proceed automatically, and the order can only be canceled upon payment in full of the required YSS restocking fee.
3.4. Container(s) must be picked up, or delivery arrangements made by Buyer, within 7 days of order confirmation. Otherwise, YSS may cancel the sale or charge Buyer storage fees of $20.00 per day beyond 7 days. Ownership of the equipment will be transferred to the Buyer on the date of pickup. Payment terms are listed on the applicable invoice. If, for any reason,n payment is not made when due, Buyer will pay to YSS all reasonable attorneys’ fees and other costs and expenses YSS incurs in enforcing its rights to collect amounts owed by Buyer to YSS under this Agreement. Overdue payments will be subject to a service charge equal to the lesser of 2% per month or the highest legal rate.
Article 4 – Payment conditions.
4.1. The prices displayed on the website are in U.S. dollars and do not include sales Tax (if applicable). The applicable sales Tax amounts will be shown during checkout before payment is made.
4.2. If the Buyer selects the “delivery” option for the delivery method, the associated delivery costs, excluding sales Tax (if applicable), will be provided. All delivery costs will be at the Buyer’s expense.
4.3. Delivery will only take place after YSS has received payment. Payment must be made immediately on ordering. If, for any reason, including cancellation of payment or charge back, payment is not received by YSS prior to delivery, Article 11 applies.
Article 5 – How is delivery carried out and when is the risk of loss of the container(s) passed on to the Buyer?
5.1. There are always two delivery methods to choose from:
(a) Collection of the container(s) by the Buyer ‘Ex Works’ at the container depot. The collection takes place at a time to be agreed between YSS and the Buyer after payment. In no event will the collection take place sooner than three business days after payment in full. The Buyer has a maximum of 1 month to collect the containers, after which YSS is entitled to process the order at its own discretion.
(b) Delivery to the location specified by the Buyer by a third-party carrier selected by YSS to transport the container(s). The date of delivery is subject to scheduling availability of the third-party carrier and exact dates cannot be guaranteed by YSS. YSS will put forth best efforts to communicate an estimated delivery window to Buyer as provided by third party carrier.
5.2 Title to and risk of loss of the container(s) is passed on to the Buyer:
(a) For pick-up ’Ex Works’ at YSS: when loading the container(s) on to the Buyer’s means of transport at the container depot.
(b) For delivery to the Buyer’s specified location: as soon as the transport company unloads the container(s) at the location selected by the Buyer.
5.3. YSS will use reasonable best efforts to meet the delivery deadline. Failure by YSS to meet a delivery deadline will not be considered a breach or default by YSS, and the Buyer shall not be entitled to any damages or compensation resulting from such failure. YSS uses its own assets or outsources delivery. Buyer hereby waives all liability associated with product delivery against YSS. Without limiting the generality of the foregoing, YSS is not bound by any delivery deadline that cannot be met due to circumstances beyond YSS’s control, delays from YSS’s drivers or equipment issues, or that is caused by third-party carriers engaged by YSS or by third parties in YSS’s supply chain. YSS shall have no liability whatsoever for loss or damage due to late delivery or non-delivery of any container. If delivery cannot be made within the delivery window preferred by the Buyer, YSS will inform the Buyer of this delay.
5.4. If YSS’s performance of any delivery is prevented or hindered, in whole or in part, by any cause whatsoever, YSS has the right to cancel, without any liability on its part, any portions or all of the affected order. If an order is canceled, the order is subject to a cancellation fee of $350.00 plus $150 per container restocking fee, as well as any other direct costs associated with cancellation, and shall be paid by the Buyer. The Buyer waives all rights to claims in any form based on YSS’s late delivery, non-delivery, or cancellation. YSS is not responsible for delivery damage to trees, shrubs, landscape of any type, tire tracks, septic tank, concrete, or surface of dropsite. YSS is not responsible for any injury or damage while placing railroad ties, brick or other products while setting down containers. If YSS sustains any damages to its property during the delivery process due to delivery site selection by Buyer, Buyer shall be solely and fully liable for costs associated with damages.
5.5. The Buyer is obliged to ensure that the delivery requirements (“Delivery Requirements”) of YSS are met and to do everything necessary to ensure that someone is available to receive the delivery when the container(s) is/are delivered. The Delivery Requirements form an integral part of these Conditions.
The Delivery Requirements can be found on the YSS website at: https://yoursteelstorage.com/faq. A copy of the Delivery Requirements will be sent to the Buyer by YSS upon written request by the Buyer.
5.6. If the Buyer does not timely and properly accept the container(s) to be delivered in accordance with the Delivery Requirements, or otherwise does not meet the Delivery Requirements provided by YSS, the Buyer will be considered in default without further notice, and YSS will be entitled to the full invoice amount for the container(s) in addition to any other available legal or equitable remedies. YSS will also be entitled at its sole discretion, regardless of its other legal rights, to leave the container(s) to be delivered unattended at the premises of the Buyer, to take back possession of the container(s) and/or store the container(s) at the Buyer’s risk, and all costs associated with any storage or removal will be at the Buyer’s expense.
5.7. If the Buyer fails to comply with the Delivery Requirements in accordance with Section 5.5 and/or fails to accept a delivery in accordance with Section 5.6 and, after a reasonable cure period set by YSS, the Buyer fails to timely and properly accept the container(s) to be delivered in accordance with the Delivery Requirements, YSS will no longer be bound by its obligations towards the Buyer.
5.8. Buyer is solely responsible for researching and obtaining the applicable necessary permits from your town or local building department. YSS is not liable for any permitting that is necessary. YSS is not responsible for any fines, fees, or violations arising from improper container placement or unpermitted use YSS will not accept any returns due to permitting issues, local subdivision rules, or Homeowners Association rules.
Article 6 – Quality guarantee.
6.1. All containers come with a 5-year structural frame failure guarantee under normal use (the “Guarantee”). The Guarantee is subject to container inspection by YSS personnel to determine if such claim may be denied, at the sole discretion of YSS, due to abnormal use, modification, or failure outside the control and reasonable inspection of YSS. Any modification of the Container will void this Guarantee.
6.2. Subject to the provisions of this Article 6, YSS guarantees that at the time of delivery the containers will be wind and watertight, and there will be no significant defects, structural deformities, holes, or damaged seals that directly compromise the wind and watertight integrity of the container.
6.3. If the Buyer files a claim under the Guarantee stated in Section 6.1, YSS, in its sole discretion, will evaluate the container to determine the best course of action.
6.3. Cosmetic imperfections such as dings/dents, scratches, and rust, are normal for a used container after being used for many years as a shipping container. Any such imperfections, which do not impair the wind and watertightness of the container, do not fall under the guarantee set forth in Section 6.1.
6.4. Upon delivery of the container(s), the Buyer or its representative shall inspect the container(s) and carry out a conformity test. YSS’s recommendations for inspection of container(s) is provided in the Delivery Requirements. The Buyer must notify YSS of anything that directly compromises the wind and watertight integrity of the container(s) by e-mail no later than five business days after delivery. Any such notification shall include photos of the applicable container(s), which clearly identify
(a) any leakages or damage compromising the wind and watertight integrity of each such container;
(b) the container number of each such container; and
(c) the location of each such container.
If Buyer fails to provide adequate notification in accordance with this Section 6.4, or the photographic documentation provided by Buyer is deemed insufficient by YSS, in its sole discretion, the container(s) will be deemed accepted without any defects on the fifth business day after delivery. Once the container(s) is/are accepted or deemed accepted, the Buyer can no longer invoke the guarantee set forth in Section 6.1.
Article 7 – 90-day Money Back Guarantee
7.1. We value you as a customer. Therefore, subject to the conditions set forth in Article 8, if for any reason whatsoever you are not satisfied with the container(s), YSS offers a money-back guarantee. The Buyer is entitled, for any reason or no reason, to return the container(s) within a period of 90 days from the date the Buyer picks up the container at YSS’s premises or the date of delivery of the container(s) to Buyer’s premises.
7.2. If the Buyer decides to return the container(s) within 90 days after pick-up/delivery pursuant to Section 7.1, YSS will arrange transport of the container(s) back to YSS’s premises. The transport costs of a return under Section 7.1 will be at the Buyer’s sole expense and subject to a $300 restocking fee.
7.3. Within 90 days after receipt of the returned container(s) by YSS, and subject to YSS’s confirmation that the returned containers(s) is in the same condition as delivered under Article 5, YSS will refund the purchase price of the container(s), excluding transport costs and a $300 restocking fee, by deposit into the bank account from which payment was made.
7.4. The risk of loss or depreciation of the container(s) returned under Section 7.1 will remain with the Buyer until YSS has accepted the returned container(s) in writing. YSS may deduct the depreciation of the value of, or the repair costs of, container(s) returned under Section 7.1 from the refund of the purchase price of the container(s). YSS may attach conditions to the acceptance of any return at its sole discretion.
Article 8 – Returns
8.1. Under both the guarantee in Sections 6.1 and 7.1, the return of purchased container(s) is only possible following prior consultation with YSS and with YSS’s prior written consent. If a return is made without the prior written consent of YSS, both the shipping and storage of the container(s) on arrival at YSS will be at the Buyer’s risk and sole expense.
8.2. If the container(s) is/are returned to YSS, the Buyer must return the container(s) in the same condition in which it/they was/were delivered to and accepted by the Buyer.
8.3. It is not possible for the Buyer to return container(s) to YSS unless such return takes place pursuant to the guarantee in in Sections 6.1 and 7.1 of these Conditions.
Article 9 – Liability of YSS.
9.1. EXCEPT FOR THE EXPRESS GUARANTEES SET FORTH IN THESE CONDITIONS, THE CONTAINERS ARE PROVIDED “AS IS” AND YSS MAKES NO REPRESENTATIONS AND GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND YSS SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
9.2. The guarantees set forth in Sections 6.1 and 7.1 do not apply to, and YSS accepts no liability, for:
(a) Any defects or errors that are considered permissible in trade or technically unavoidable deviations in terms of quality, color, dimensions, and/or weight; or
(b) separate parts or installations belonging to the container(s).
9.3. YSS’s liability under these Conditions shall be limited to liability for direct damage to the container(s). The Buyer’s sole remedy shall be, at YSS’s sole discretion, the replacement or repair of the defective container(s) or the reimbursement of the purchase price paid for such container(s). IN NO EVENT SHALL YSS OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS) HOWEVER CAUSED AND ON ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF YSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.4. YSS shall not be held liable for any liability, damage or injury caused by any third party employed or engaged by either YSS or the Buyer. This includes, but is not limited to, liability, damage or injury caused by a third-party carrier engaged by YSS for the transport of the container(s).
9.5. The Buyer shall not set off any claims against any amounts owed to YSS.
9.6. Any claim against YSS under these Conditions between YSS and the Buyer, including, but not limited to, claims relating to the container(s), shall be brought within 12 months after the date the Buyer has placed the applicable order pursuant to Section 3.1.
9.7. The Buyer shall indemnify, defend and hold harmless YSS and its affiliates and its and their officers, directors, managers, employees, representatives and agents (each, an “YSS Party”) from and against any liabilities, damages and claims asserted against, imposed upon, resulting to, or incurred or required to be paid by any YSS Party (including reasonable attorneys’ fees and costs) arising out of or in connection with the Buyer’s (i) use of the container(s); (ii) gross negligence or willful misconduct or (iii) material breach of these Conditions
Article 10 – What happens in the case of Force Majeure?
10.1. If YSS is prevented from performing any obligations hereunder due to Force Majeure, YSS is entitled to suspend its performance under the contract for the duration of the condition of Force Majeure or to void the contract it in whole or in part without liability.
10.2. “Force Majeure” is understood to be any (foreseeable and unforeseeable) circumstance, beyond YSS’s reasonable control, resulting in YSS’s inability to perform hereunder. Force Majeure events include, without limitation, strikes, staff shortages due to illness, pandemics and epidemics, production disruptions, transport difficulties, fires and other operational disruptions, import, export and transit bans, delayed or defective deliveries by suppliers and freight forwarders and other events that cannot be influenced by YSS, such as floods, storms, natural and/or nuclear disasters, war and/or threat of war, civil unrest, terrorist act, governmental actions and changes in law.
Article 11 – Reservation of ownership.
11.1. YSS remains the owner of all containers sold by YSS until the Buyer has provided YSS with the final payment of the sale price and any other related payments for the container(s) and delivery is completed in accordance with Article 5 of these Conditions.
11.2. Before full, definitive, and irreversible payment has been made, the Buyer is not entitled to transfer all or part of any rights to the container(s) or to encumber it/them.
11.3 In the event of a chargeback or any form of returned payment, YSS may, at its sole discretion, retrieve the sold container and charge the cost of such retrieval to the Buyer, including but not limited to attorneys’ fees. The ownership of container will be deemed to have returned to YSS in both title and possession. In any such case, the Buyer irrevocably grants YSS consent to access the Buyer’s property to obtain possession of the container(s).
Article 12 – Taxes and other levies.
12.1. The Buyer shall be responsible for any making any declarations with applicable governmental authorities.
12.2. All taxes (including, but not limited to, sales tax), duties, fees, clearing costs, fines and related administrative costs associated with the purchase, transport and clearing in and out of the container(s) (“Taxes”) are at the Buyer’s own expense and risk. If this is not already explicitly included in the price of the container(s), YSS reserves the right to charge the Buyer any such Taxes incurred by YSS, and the Buyer shall remit any such Taxes to YSS.
Article 13 – Miscellaneous
13.1. Waiver. No waiver by YSS of any breach of, or of compliance with, any condition or provision of these Conditions by the Buyer will be considered a waiver of any other condition or provision or of the same condition or provision at another time.
13.2. Severability. Any term or provision of this Agreement that is determined to be invalid or unenforceable by any court of competent jurisdiction in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction and such invalid or unenforceable provision shall be modified by such court so that it is enforceable to the extent permitted by applicable law.
13.3. Governing law. These Conditions shall be governed by and interpreted in accordance with the laws of the State of Kansas, without reference to any conflicts of law principles.
13.4. Jurisdiction and disputes. YSS and Buyer agree that any claim or controversy between them, must be litigated in the state or federal courts located in Sedgwick County, Kansas, U.S.A., and YSS and Buyer hereby consent to be subject to the jurisdiction of such courts. YSS and Buyer agree to waive any objection to the venue of such courts and not to assert any defense of forum non conveniens. YSS and Buyer agree that service of process upon the other may be made by mailing a copy (by registered or certified mail or courier service) postage prepaid, addressed to the respondent Party at the address shown on the invoice for the Buyer and at 301 S. Meridian Ave., #206, Wichita, KS 67213 U.S.A. for YSS. Service shall be complete seven days after such process has been mailed to the respondent Party or when received if sent by courier service. Nothing herein shall affect the right of either Party to serve legal process in any other manner permitted by law or affect the right of either Party to bring any action or proceeding against the other Party or its property in the courts of any other jurisdiction.
13.5. Complete agreement. It is understood and agreed that this Agreement and the applicable invoice embodies the complete understanding of Buyer and YSS relative to this sale and that the terms and conditions of this Agreement may not be revised or modified in any way except by a written instrument specifically purporting to do so signed by the Buyer and YSS.
13.6. Indemnification. Buyer will, defend at its own expense and indemnify and hold harmless YSS, its agents, employees, and indemnities from and against any and all claims, losses, damages, liabilities, demands, actions, costs, expenses, and fees (including attorneys’ 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.
13.7. Assignment. Buyer may not assign this Agreement nor any of its rights or obligations herein without YSS’s prior written consent, which consent may be withheld for any reason.
Article 14 – Disclaimer AI chatbot
No rights granted for chatting with “YSS Connect” AI chatbot on the website YSScontainers.com. The following disclaimer serves to clarify the terms and conditions surrounding interactions with the AI Chatbot “YSS Connect” on the website YSScontainers.com. By interacting with “YSS Connect” on the YSScontainers.com website, users acknowledge their understanding and acceptance of these terms and conditions. If you do not agree with these terms, please refrain from using the chatbot. By engaging with “YSS Connect,” users acknowledge and accept the following:
14.1. General Information: “YSS Connect” is an artificial intelligence (AI) chatbot created to provide information, answer questions, and facilitate user interactions on the YSScontainers.com website. It does not have human-like consciousness, understanding, or emotions.
14.2. Information Accuracy: While “YSS Connect” is designed to provide accurate and helpful information, it may not always offer precise, complete, or up-to-date responses. Users are advised to verify information obtained from “YSS Connect” independently.
14.3. No Legal or Binding Advice: Any information provided by “YSS Connect” should not be considered as legal, financial, medical, or professional advice. Users should consult qualified professionals for specific advice in these areas.
14.4. No Rights Granted: Users must understand that no legal rights, entitlements, or obligations are conferred by engaging with “YSS Connect” on YSScontainers.com. Any decisions or actions taken based on information provided by “YSS Connect” are done at the user’s own risk.
14.5. Privacy and Data Handling: Users’ interactions with “YSS Connect” may be saved and analyzed for improving the chatbot’s performance and user experience. YSS follows a strict privacy policy to protect user data.
14.6. Changes and Discontinuation: YSS reserves the right to modify or discontinue “YSS Connect” at any time without prior notice. Users have no claims to continuous access or availability of the chatbot.
14.7. Indemnification: Users agree to indemnify and hold YSS and its personnel harmless from any claims or liabilities arising from their use of “YSS Connect.”
14.8. Source of Data: “YSS Connect” derives its responses from the publicly accessible knowledge base hosted by YSS ( https://faq.YSScontainers.com/en/knowledge ). The information it provides is based on available data and may not always be exhaustive or current.
Article 15 – Consent to Automated and AI-Powered Communications
15.1. By providing your phone number and other contact information, you consent to receive communications from YSS via automatic telephone dialing systems, prerecorded voice messages, artificial intelligence-powered voice assistants, and SMS/MMS text messaging services.
15.2. These communications may include, but are not limited to, updates about your order, delivery coordination, account notifications, and promotional content.
15.3. Message and data rates may apply. Consent is not a condition of purchase.
15.4. You may opt out of marketing communications at any time by following the instructions provided in the message (e.g., replying “STOP” to a text) or contacting YSS directly. 15.5. Even if you opt out of marketing messages, YSS may still send you important non-marketing communications (such as order updates or delivery notices) related to your transactions.
15.6. By providing contact information, you acknowledge and agree that YSS may use AI technologies to facilitate, log, or respond to communications, including phone calls and text messaging platforms.
15.7. By providing your email address, you consent to receive automated email communications from YSS, including transaction confirmations, service updates, and promotional content. You may unsubscribe from marketing emails at any time, though service-related messages will continue as necessary.
