Version 1.0
March 05, 2025
1) DEFINITION OF TERMS
a) “Associated Companies” means any subsidiary company or holding company and its subsidiaries.
b) “Charges” means our charges from time to time for the sale of Products to you as specified in this Contract.
c) “Contract” means the document or documents that contain these conditions and the other terms and details forming the sales agreement between us and you.
d) “Deposit” means any advance payment required by us in relation to the sale, modification, or transport of Products which is to be held as security by us.
e) “Equipment” means all the classes of shipping containers, including standard containers, modified containers, and Tiny House Capsules, which are supplied by us to you.
f) “Force Majeure” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions, adverse weather conditions, shortage of carriage or shipping facilities and any other similar events.
g) “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, moral rights, trade marks, business names, domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights in computer software, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
h) “Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs (including but without limitation all legal costs and disbursements) and any other losses or liabilities.
i) “Order” means the purchase order containing the details of the Contract, whether this order is verbal, written, faxed, emailed or placed online at our website.
j) “Products” means the shipping containers, modified containers, Tiny House Capsules, and related goods sold by us to you.
k) “Related Contract” means any contract other than this Contract between you (or your Associated Companies) and us (or our Associated Companies).
l) “Services” means the services and/or work (if any) to be performed by us for you in conjunction with the sale of Products (including any delivery).
m) “Site” means the Y-Containers website located at y-containers.com.
n) “we/us/our” means Y-Containers or any person(s) selling the Products on its behalf and includes any successors or subsidiaries.
o) “You” means the person, firm, company or other organization purchasing the Products, and/or using the Services.
p) The headings shown are for reference only and they do not in any way alter or affect the interpretation of these Conditions.
2) BASIS OF CONTRACT
a) We will supply the Products and/or provide the Services to you, and you shall pay the Charges.
b) These conditions do not affect any of your statutory rights where you are a person dealing as a consumer, not for business purposes. Any section which would otherwise exclude or restrict your rights as a consumer will, to that extent, have no force or effect.
c) These conditions shall be the sole conditions under which the sale of Products and provision of Services takes place. All other terms, conditions and other representations are excluded from the contracts between you and us, including any terms and conditions which you may purport to apply under any contract, and these terms and conditions shall prevail.
d) Our employees or agents are not authorised to make any representations concerning the Products unless confirmed by a director in writing and any advice or recommendation given by us to you as to the storage, application, or use of the Products which is not confirmed in writing by a director is followed or acted upon entirely at your own risk.
e) We reserve the right to provide Products similar or comparable to that ordered by you. Any photographs, drawings, and specifications shown on our website or provided by email, fax, or post are for example only. It is your responsibility to check and confirm in writing with us should there be exact requirements needing to be met.
f) These conditions shall be applicable to all repeat orders made by you unless we notify you otherwise.
g) All Products are offered subject to availability at the date of the Order. We will not be liable for any loss suffered by you as a result of the Products being unavailable for purchase.
h) The Contract is deemed to be made at our head office at 1075 Township Road 1950 East, Smithshire, IL 61478, United States.
i) Our quotations and estimates are without commitment and the Contract is not binding on us unless we accept your Order in writing (including by email) by sending you a ‘Written Order Acknowledgement’ confirming the Order.
3) CHARGES AND PAYMENT
a) The amount of any Deposit and Charges are detailed in the Contract and are based on our current price list from time to time.
b) Where a Deposit or Pro-Forma payment is required, it must be paid before you receive the Products or Services.
c) We reserve the right to charge (at our then current rates) in addition to the Charges the price for all Services supplied or costs incurred by us which are additional to the Contract specification. While we will endeavor to advise you in advance, you will be deemed to have authorised all such additions as we may consider to be appropriate and to your interests.
d) All Charges are, unless otherwise stated, exclusive of any applicable sales tax, which will be charged in line with current California and other applicable state legislation.
e) Our prices are quoted ex-works and any further packing, loading, and carriage charges are accordingly payable in addition. We shall be free to increase quoted prices (whether accepted or not) to cover variations in cost to us of materials, manufacture, and carriage when variations in such costs arise between the date of quotation and the date of formation of the Contract.
f) Where a credit account has not been granted, payment of the Charges shall be made with your Order for the Products. Otherwise, payment of any Charges or any other sums due under this Contract shall be made in full and cleared funds within thirty (30) days from the date of the invoice.
g) If you fail to make any payment in full on the due date, we may, without prejudice to any other rights we may have under this Contract or otherwise, charge you:
i. interest (both before and after judgment) on the amount unpaid at the rate of 8% above the Bank of America base rate in force from time to time; and
ii. Charges and costs we reasonably incur in the recovery of the outstanding money, including (but not limited to) debt collection agency fees and legal costs and disbursements.
h) You shall pay all sums due to us under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
i) We may set a reasonable credit limit for you. We reserve the right to terminate or suspend the Contract for the sale of Products and/or the provision of Services if allowing it to continue would result in you exceeding your credit limit or if you have already exceeded the credit limit.
4) RISK, TITLE AND INSURANCE
a) Risk in the Products will pass to you immediately upon delivery to, or collection by, you.
b) Title in any Products shall remain with us until all monies payable by you (or any of your Associated Companies) under the Contract or any Related Contract have been paid in full and cleared funds.
c) Until title in the Products passes to you, you shall:
i. hold the Products on a fiduciary basis as our bailee;
ii. store the Products separately from all other goods so that they are readily identifiable as our property;
iii. not remove, deface or obscure any identifying mark on the Products or their packaging;
iv. maintain the Products and keep them insured to their full value;
v. Notify us immediately if you become subject to any of the events listed in clause 11b; but
vi. You may resell or use the Products in the ordinary course of business.
d) If before title to the Products passes to you, you become subject to any of the events listed in clause 11b, or we reasonably believe that any such event is about to happen and notify you accordingly, then, provided that the Products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Products and, if you fail to do so promptly, enter any of your premises or of any third party where the Products are stored in order to recover them.
e) Where title in the Products has not passed, we may nevertheless maintain an action against you for the purchase price and all other monies owing by you in relation to the Products.
f) It is your responsibility to insure your own contents that are placed within the Products.
g) If we store, transport or work on any goods or other property (including Products about to be delivered by us or goods intended for incorporation in or use on Products) belonging to you or any third party, we do so (and they are packed and carried) at your sole risk and (except as provided in these conditions) we shall have no liability to you or to any other party for loss, deterioration or damage to such goods or other property howsoever arising and whether by negligence or otherwise.
h) In cases where we make a contract of carriage and/or arrange for insurance of goods in transit, we shall be deemed to be acting as your agent.
5) DELIVERY, COLLECTION AND SERVICES
a) Delivery times are given as estimates and time shall not be of the essence. Although we will attempt to meet your delivery requirements, we shall be under no obligation to deliver Products or supply Services by any specified date.
b) We shall not be liable for any Liability or other losses or expenses arising as a result of late or non-delivery arising from accident or breakdown during loading, unloading or transport of the Products.
c) We will charge our standard delivery fee on all deliveries.
d) You shall be responsible for the unloading and reloading of the Products on site and any driver supplied by us shall be deemed to be under your control and you shall be responsible for any damage caused.
e) Where we provide Services relating to the sale of Products, the persons performing the Services are your responsibility. You shall be solely responsible for any damage which occurs as a result of such persons following your instructions, except to the extent that the persons performing the Services are negligent.
f) You will allow and/or procure sufficient access to and from the relevant site and procure sufficient loading space, facilities, equipment and access to power supplies and utilities for our employees, sub-contractors and/or agents (including support vehicles) to allow them to carry out the Services, including providing all plant, power and labour required for loading or unloading the Products.
g) You shall provide a suitable access route for delivery of the Products with unrestricted entry and approach for all support vehicles and personnel and supply appropriate foundations or track-way in a suitable position for loading and unloading and for the Products to rest on. It is your responsibility to ensure the ground conditions are safe and adequate for all support vehicles, and to provide the necessary equipment to carry out this operation. You will be responsible for paying any costs for recovering our vehicles if this should become necessary. We will charge for all expenses incurred during delivery, including toll charges and parking fees/fines.
h) You shall pay for any lifting or special apparatus required for the siting of the Products.
i) If the delivery of any Products, or the provision of any Services are delayed, postponed or cancelled due to your refusal to accept delivery, or your failure to comply with your obligations under this clause other than because of Force Majeure, you will be charged for:
i. delivery costs as if the Products had been successfully delivered, together with any subsequent delivery costs incurred;
ii. storage costs; and
iii. All other costs and expenses we incur as a result of the delay, postponement or cancellation of delivery.
j) We accept no liability for any cost incurred by you due to delay or cancellation of a delivery due to Force Majeure and reserve the right to charge you for any costs incurred through such delay or cancellation.
k) Part deliveries (in accordance with the Contract or, with reasonable justification, as a departure from the contract) shall be deemed to represent separate Contracts.
l) You shall insure all of our employees, servants, agents and/or sub-contractors whilst on your site/property against all acts of negligence.
m) Where we undertake work or provide labour (which we may sub-contract) at your works or elsewhere, you shall indemnify us against all Liability arising directly or indirectly from defects in or unsuitability of the works or site or of apparatus or plant (other than that provided by us) or from negligence or breach of statutory duty on your part or that of your employees or any other third party (other than our own employees) and howsoever arising.
n) You must notify us of any hazardous items that you require us to transport. We shall be under no obligation to transport any such items. If we agree to transport such items they must be classified, packed, marked, labelled and documented in accordance with the statutory regulations for their carriage by road.
o) We, and any carrier we engage, may engage the services of any other carrier for the purpose of fulfilling the Contract in whole or in part.
6) FORCE MAJEURE
a) We may suspend or cancel the whole or any part of the Contract if by reason of Force Majeure either we are prevented or hindered from performing our obligations or performance of those is to a substantial degree rendered difficult.
b) If we exercise our right of suspension, you may within 7 days cancel any remaining part of the Contract conditionally on your paying expenses incurred to date and fair charges.
c) We shall have no liability for any such suspension; and on any such cancellation, whether by us or you, our liability (if any) is limited to repayment of any part of the Charges received less our fair charges and any expenses already incurred by us.
7) DAMAGE OR LOSS DURING DELIVERY
a) In the event of non-delivery of, damage to or deterioration of Products in transit within the United States you shall inform us in writing:
i. in the case of non-delivery, within 14 days of the date of your receiving notice of dispatch; and
ii. in the case of damage or deterioration, within three (3) days of receipt; or
iii. In either case, if sooner, when you become aware or could reasonably have become aware of the non-delivery, damage or deterioration, or within such period as the carrier requires as a condition of its liability.
b) Any claim in connection with non-delivery, deterioration of or damage to Products whether in transit or otherwise not notified in writing to us within the appropriate above stipulated period (or, in any other case, within 30 days of the damage or other loss the subject matter of the claim first becoming in whole or in parts apparent or discoverable on reasonable enquiry or examination) shall be deemed to have been waived.
c) Receipt, acknowledgment and investigation by us of a claim does not imply admission by us of any liability in respect of the claim.
8) USE OF THE SITE
a) You may use our Site to browse, purchase Products, or contact us.
b) Prohibited Actions: You may not:
i. Copy, modify, or distribute Site content without permission, violating California and U.S. intellectual property laws.
ii. Use the Site illegally or to harm others, per California Penal Code § 502 (computer crimes).
iii. Disrupt our systems (e.g., hacking, DDoS attacks).
9) INTELLECTUAL PROPERTY
a) All Site content (e.g., text, images, logos) and Product designs are owned by Y-Containers or our licensors, protected by California and U.S. copyright and trademark laws (e.g., California Business and Professions Code § 14200 et seq.).
b) Unauthorized use is prohibited, except for personal, non-commercial use tied to your purchase.
10) SPECIFICATIONS AND DISCLAIMERS
a) It is your responsibility to ensure that the Products and Services that you order are suitable for the purpose you require.
b) Any specifications, formulations, data, literature and statements as to dimensions, suitability, performance or otherwise, issued, and descriptions and samples given, by us in connection with our Products or Services are offered in good faith but are intended to be approximate only, are not warranted and shall be deemed not to constitute representations.
c) Pursuant to our policy of continuous improvements, we reserve the right without notice to make such changes in materials, dimensions and design as we think reasonable or desirable in all the circumstances having regard to your wishes.
d) All intellectual property rights in our designs, data sheets, packaging and literature shall remain our property at all times. We grant to you a non-exclusive license to the extent strictly necessary to make reasonable use of the Products and Services we supply. Such license shall terminate on the termination of this Contract.
e) When we supply Products or Services for you to your special requirements or for your special purpose (whether or not incorporated in whole or in part in our own specifications) you shall provide all necessary specifications in reasonable time to enable us to complete delivery. You shall indemnify us in full against all Liability we incur in consequence of complying with your requirements in connection with a claim by a third party for infringement of their intellectual property.
f) Limited Warranty:
i. New Products: Include a 1-year structural warranty against defects in material and workmanship under normal use and service.
ii. Used Products: Have a 30-day satisfaction guarantee, as detailed in our Payment Policy.
iii. The warranty is void if the Product has been modified, misused, or damaged due to external causes.
iv. Our obligation under this warranty is limited to, at our discretion, repairing or replacing the defective Product. This is your sole and exclusive remedy.
g) As-Is Products: Used containers are sold "as-is" with possible imperfections (e.g., rust, cosmetic damage), per California Commercial Code § 2316.
h) Disclaimer: Except as expressly stated in this Contract, Products and the Site are provided “as-is” without implied warranties (e.g., merchantability, fitness for a purpose), to the extent permitted by California law (Cal. Civ. Code § 1791.1).
11) TERMINATION BY NOTICE
a) Subject to Clauses 6 and 9, the Contract may be terminated only as follows:
i. We may terminate the Contract at any time without liability to you immediately on giving you written notice if one of the Events of Default in clause 11(b) occurs;
ii. Either you or we may terminate the Contract on giving the other 4 weeks written notice or such other period as specified in this Contract.
b) The Events of Default are:
i. you fail to make any payment to us under the Contract or any other contract with us when due;
ii. you breach the terms of the Contract and, where the breach is capable of remedy, have not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
iii. you persistently breach the terms of the Contract;
iv. you provide incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
v. you cease or threaten to cease to carry on business;
vi. being an individual or partnership, you have a bankruptcy petition presented against you or compound with or come to an arrangement with your creditors, enter into an individual voluntary arrangement or suffer any similar action in any jurisdiction;
vii. being a company, you enter into any voluntary or compulsory liquidation, have an administrator or administrative receiver appointed over all or any of your assets, or compound with or come to any arrangement with your creditors or enter into a company voluntary arrangement, any attachment order is made against you, any distress, execution or other legal process is levied on any of your property or you suffer any similar action in any jurisdiction;
viii. we reasonably believe that, on the basis of your credit rating, you are or will be unable to meet your obligations under the Contract; or
ix. We have reasonable ground to believe that any of the events listed in paragraph i – viii above are likely to occur and we notify you accordingly.
c) In addition to our right to terminate the Contract, and without prejudice to any other rights and remedies available to us, if an Event of Default occurs we may:
i. withhold performance of any Services and cease any Services in progress under the Contract or any Related Contract;
ii. terminate any Related Contract;
iii. cancel any undelivered portion of the Contract and stop any Products in transit; and
iv. demand payment of all Charges and any other amounts outstanding under this Contract or any Related Contract, whether or not due, which shall thereupon become due and payable.
d) Orders for Products cannot be cancelled without our consent. If you cancel your order for Equipment or Services prior to the delivery of the Equipment or performance of the Services we are entitled to payment for all preparation costs. This clause does not apply if you are a consumer to whom clause 16 applies.
e) At the termination of the Contract, you must at your expense and at our election, return the Products to us or make the Products available for collection by us.
12) INDEMNITY
a) You agree to indemnify us and keep us indemnified in full against any Liability suffered by us howsoever arising from your purchase, use, or storage of the Products.
13) LIMITATION OF LIABILITY
a) Subject to clause 13e, we shall not be liable to you for any losses whether arising from breach of contract, tort (including but not limited to negligence) or restitution, for any breach of statutory duty or misrepresentation, or otherwise, and whether flowing naturally and directly from such breach, negligence or other cause, or not, for:
i. loss of revenue,
ii. loss of profit,
iii. loss of anticipated saving,
iv. loss of goodwill;
v. loss of reputation;
vi. economic and/or other similar losses;
vii. special damages, indirect losses and/or consequential losses; or
viii. business interruption, loss of business, contracts and/or opportunity.
b) Further, and subject always to clause 13e, we shall not be liable for:
i. any Liability or other losses or expenses whatsoever if, at the time of our alleged default, any Charges or monies due in respect of the Products and/or the Services are outstanding past their due date for payment;
ii. any breach of the terms implied by sections 13 and 14 of the Sale of Goods Act 1979 (to the extent such liability cannot be excluded under California law, this is deemed amended to the minimum extent required);
iii. any losses or expenses arising from damage to your property other than the replacement cost of the property damaged;
iv. any Liability or other losses or expenses resulting from or contributed to by your continued use of defective Products after a defect has become apparent or suspected or should reasonably have become apparent to you;
v. any Liability or other losses or expenses arising from the Products becoming unusable for any reason whatsoever; or
vi. any Liability or other losses or expenses to the extent that you are covered by any policy of insurance against that Liability, and you shall ensure that your insurers waive any and all rights of subrogation they may have against us.
c) Subject to clause 13e, our total liability to you under and/or arising in relation to this Contract or any other agreement whether under contract, tort (including negligence) or restitution, or for any breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to 50% of the total Charges due under the Contract or the sum of $1,000, whichever is the higher.
d) Any defective Products must be returned to us at your expense for inspection before we have any responsibility for defective Products.
e) Nothing in this Contract shall exclude or limit either party’s liability for death or personal injury due to its negligence, fraud or fraudulent misrepresentation, or any other type of liability to the extent such liability may not be excluded or limited as a matter of law.
14) GENERAL
a) The sale of each Product shall form a distinct Contract which shall be separate to any other Contract relating to other Products.
b) You shall be liable for the acts and/or omissions of your employees, agents, servants and/or sub-contractors as though they were your own acts and/or omissions under this Contract.
c) You shall be responsible for compliance with all relevant legislation and regulations issued by Government or local authorities, including (but not limited to) Health and Safety regulations. You shall obtain all permissions, consents and licenses required for the installation and use of the Products or provision of the Services from any third party or under any statute, regulations or bylaw and in due time comply with any conditions imposed in respect thereof.
d) The waiver of rights arising from any breach of any of these conditions or the non-enforcement of any of these conditions shall not prevent the subsequent enforcement of that condition or the exercise of any right arising from that breach and shall not be deemed a waiver of rights arising from any subsequent breach.
e) Any provision of these conditions held by a court of law to be invalid shall be severable and shall to the extent necessary to prevent such invalidity be deemed to be omitted from these conditions and any liability which would otherwise have been excluded or limited shall nevertheless be subject to the remaining provisions of these conditions.
f) These terms and conditions supersede and replace all prior terms and conditions, communications, representations, warranties, stipulations, undertakings, and agreements whether oral or written between the parties.
g) All third party rights are excluded and no third parties shall have any rights to enforce the Contract.
h) This Contract is governed by and interpreted in accordance with the laws of the State of California, and the parties agree to submit to the exclusive jurisdiction of the courts in Los Angeles County, California, in relation to any matter or dispute arising out of or in connection with it.
i) The provisions of these conditions shall remain in full force and effect notwithstanding that the parties’ obligations under the Contract may have been performed or discharged.
j) We have the right to vary the Contract, by giving you 7 days written notice of such variation.
k) You may not assign the Contract or any rights thereunder without our prior written consent.
15) CALIFORNIA-SPECIFIC DISCLOSURES
a) CCPA Rights: California residents have rights under the California Consumer Privacy Act (CCPA, Cal. Civ. Code § 1798.100 et seq.) to request access to, deletion of, or to opt out of the sale of their personal data. To exercise these rights, please contact us at sales@y-containers.com. For more details, please refer to our Privacy Policy.
b) Proposition 65: Some Products may contain chemicals known to the State of California to cause cancer or reproductive harm. For more information, visit www.P65Warnings.ca.gov.
c) Automatic Renewal: We do not offer subscriptions with automatic renewals. All purchases are one-time unless financing is selected.
16) CONSUMERS – RIGHT TO CANCEL
This clause applies only to consumers.
a) If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 16c. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
b) Your cancellation right does not apply in the case of any Products that have been custom-made or modified to your specifications.
c) Your legal right to cancel a Contract starts from the date of the Written Order Acknowledgement, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
d) To cancel a Contract, you must contact us in writing by sending an e-mail to sales@y-containers.com or by sending a letter to us at 1075 Township Road 1950 East, Smithshire, IL 61478, United States. You may wish to keep a copy of your cancellation notification for your own records.
e) You will receive a full refund of the price you paid for the Products, and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation. If you returned the Products to us because they were faulty or misdescribed, please see clause 16f.
f) If you have returned the Products to us under this clause 16 because they are faulty or misdescribed, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
g) We will refund you on the credit card or debit card used by you to pay.
h) If the Products were delivered to you:
i. At our election, we will ask you to return the Products to us, or we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
ii. Unless the Products are faulty or not as described (in this case, see clause 16f), you will be responsible for the cost of returning the Products to us, or us collecting the Products from you. We charge our standard collection costs for collection of Products;
iii. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
i) As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 16.
17) PRIVACY
a) Your personal data is handled per our Privacy Policy, which complies with the California Consumer Privacy Act (CCPA, Cal. Civ. Code § 1798.100 et seq.). You have rights to access, delete, and opt out of data sales (if applicable).
18) CONTACT US
Questions or concerns about these Terms? Reach out to:
Email: sales@y-containers.com
Phone: +1 (331) 255-6346
Address: 1075 Township Road 1950 East, Smithshire, IL 61478, USA
Thank you for choosing Y-Containers.