Terms & Conditions
Alconcontainer is an online platform making it as easy as possible to buy shipping containers. Alconcontainer do not own containers ourselves, but serve as a way for customers to buy containers from container wholesalers, which would otherwise not have been possible.
Alconcontainer’s terms and conditions reflect the standard terms and conditions in the global container shipping industry. In case of any questions or doubts, please reach out to Alconcontainer’s customer service team at support@mk-digital.tech.
1. Terms of Sale
These General Terms and Conditions (the “Terms”), along with the policies mentioned herein and other Contract Documents (as defined in Section 22) (collectively, referred to as the “Contract”), establish an agreement between you and Alconcontainer governing your purchase of containers or any other products offered by Alconcontainer (collectively, referred to as “Container(s)”) and other Services (as defined in Section 22) and your use of https://mk-digital.tech/, including any interactive features, applications, blogs, social networks, and other online or wireless offerings (collectively, referred to as “Website”). By creating an account, placing an order, or otherwise accessing or using the Website, you acknowledge and agree to be bound by the terms of this Contract.
The sales order acceptance is made and given on the express condition and understanding that the Terms apply to the sale. Alconcontainer objects to any additional or different terms and conditions, and Alconcontainer will not be deemed to have waived these Terms or any terms of the Contract, if Alconcontainer fails to object to any provision containing forms or otherwise.
2. Eligibility and Privacy Policy
In order to use Alconcontainer ’s Website, you must be at least 13 years old. If you are 13 years old, but under the legal age known as the age of legal majority in your state or country of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf. Further, you agree and warrant that you; (1) are at least 18 years of age or older or possess legal parental or guardian consent; and (2) are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Contract. If not, please exit the Website.
3. Use of Website
You may create an account on the Website in order to enjoy certain features and promotions. For any information you provide, you agree to provide accurate, true, and complete information about yourself, and keep such information up to date.
Alconcontainer may suspend or terminate your account or access to the Website or any features, if Alconcontainer has reasonable ground to suspect that the information you have provided is inaccurate, false or outdated.
4. Product Information and Availability
Container availability on the Website is not guaranteed. Information on the Website is provided for general information only and may contain errors, typographical error, inaccuracies, or errors, and omissions relating to pricing, promotions, offers, product descriptions, and stock availability.
To verify availability, please contact us at: support@mk-digital.tech.
5. Transfer of Risk and Transfer of Ownership
Unless otherwise agreed, all sales are made ‘ex-works,’ meaning the container yard or storage depot from where the Container is sold is to be considered the place of delivery.
6. Order Offer and Acceptance
The Container(s) listed on Alconcontainer’s Website are not an offer to purchase the Container. They are an invitation for you to make an offer to purchase such Containers listed on the Website. Accordingly, once you submit an order, the order is considered a binding offer. An offer is only deemed accepted by Alconcontainer, if Alconcontainer sends an express confirmation of acceptance of the order to you (an “Order Confirmation”).
7. Order Changes by Customer
You may change the delivery address up to two (2) days before the scheduled delivery date. Please note that additional fees may apply for any changes, including, but not limited to:
d. The full difference in the price of the Container(s) if the size or condition of the equipment is altered before the delivery date.
e. A cancellation fee of $100 if the order is canceled after purchase; and
8. Delivery and Pickup
Alconcontainer of any shipping requirements, including if a Container needs to be shipped internationally. Alconcontainer is not liable for any delays or refusal by the shipper to transport a Container. If shipping is not requested, the Container(s) must be picked up at a location designated by Alconcontainer. Alconcontainer will notify you when the Container(s) are ready to be picked up. Once notified, you will have fourteen (14) days to pick up the Container. In the event the Container has not been picked up at the end of the fourteen (14) day pickup period, Alconcontainer will invoice the incurred storage costs of the Container(s) at the rate of Five US Dollars ($5.00 USD) per day to you
9. Payment Method
You will have the option to select a method of payment available on the Website. By making any purchase, you represent and warrant that you are legally authorized to use the payment cards or methods chosen for the transaction.
10. Taxes
Unless otherwise specifically agreed in writing, the Container is sold exclusive of any sales tax, value added tax (VAT), transfer, excise, customs duties or any other similar taxes or duties applicable to the sale and delivery of the Container.
11. Neutralization
12. Indemnification
13. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL ALCONCONTAINER OR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR REPRESENTATIVES (THE “ALCONCONTAINER GROUP”) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM THIS CONTRACT OR YOUR USE OF ANY OF THE SERVICE OR WEBSITE OR ANY CONTAINER DELIVERED TO YOU FROM ALCONCONTAINER OR PICK UP BY YOU, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THIS CONTRACT OR YOUR USE OF THE SERVICE OR WEBSITE OR CONTAINER, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR CONTAINER OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE OR WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
The limitation under this Section 13 is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Alconcontainer and you. As such, access to the Website and information, and the Containers and Services offered by Alconcontainer would not be provided if it were not for such limitations set forth herein.
14. 30-Day Return Policy
In limited circumstances, Alconcontainer will accept the return of the Container purchased from Alconcontainer and authorize a refund. To qualify for a refund, the requirements outlined in Alconcontainer ’s Refund Policy must be met.
15. Limited Warranty
Alconcontainer will, under limited circumstances, provide you with a Limited Warranty as defined below, on the condition that you have fully paid for the Container(s), as such:
For Container(s) sold as ‘Wind and Watertight,’ Alconcontainer warrants, from the date of purchase and for a period of one (1) year, that the Container(s) will: (1) be free from holes or leaks; and (2) have doors, walls, roof/ceiling, door rubber, and flooring that are free from material or workmanship flaws.
For Container(s) sold as ‘Cargo-Worthy,’ Alconcontainer warrants, from the date of purchase and for a period of two (2) years, that the Container(s) will: (1) be free from holes or leaks; and (2) have doors, walls, roof/ceiling, door rubber, and flooring that are free from material or workmanship flaws.
For Container(s) sold as ‘New One-Trip,’ Alconcontainer warrants, from the date of purchase and for a period of five (5) years, that the Container(s) will: (1) be free from holes or leaks; and (2) have doors, walls, roof/ceiling, door rubber, and flooring that are free from material or workmanship.
EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALCONCONTAINER GROUP DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, WITH RESPECT TO THE CONTAINERS OR SERVICES PURCHASED ON OR THROUGH ALCONCONTAINER’S WEBSITES OR DIRECTLY FROM ALCONCONTAINER. WITHOUT LIMITING THE FOREGOING, ALCONCONTAINER GROUP EXPRESSLY DISCLAIMS ALL LIABILITY FOR CONTAINER AND SERVICE DEFECT OR FAILURE, CLAIMS CAUSED BY: (A) NORMAL WEAR AND TEAR; (B) DAMAGE FROM WEATHER OR SITE CONDITIONS; (C) DAMAGES TO THE CONTAINER(S) DURING MOVING OR TRANSPORTING AFTER DELIVERY; (D) MISUSE OF SERVICE OR CONTAINER; (E) FAILURE TO SET THE CONTAINER ON LEVEL GROUND; (F) ABUSE OR MODIFICATIONS TO THE CONTAINER OR SERVICE; (G) IMPROPER CONTAINER SELECTION; AND (H) NON-COMPLIANCE WITH ANY PRINTED OR EMAILED DIRECTIONS.
All claims concerning the foregoing Limited Warranty, must be made pursuant to the process outlined in the below Section 16.
16. Warranty Claim Process
17. Intellectual Property Rights Assignment
All graphics, interfaces, texts, photographs, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the structure, design, selection, expression and arrangement of such Content, as well as the trademarks, service marks, trade names, trade dress, and logos (collectively, “Marks”), contained on the Website are owned, controlled, or licensed by or to Alconcontainer , and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights laws.
Accordingly, you agree that the Services, including but not limited to Content, Marks, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Alconcontainer , its licensors, and/or content providers, and is protected by applicable intellectual property and other laws, including but not limited to copyright.
18. Assignment
19. Force Majeure
Alconcontainer will not be liable or in default of its obligations under these Terms, and will be excused from performing its obligations, to the extent its performance is prevented, restricted, delayed, or interfered with due to a Force Majeure Event, whether foreseen or not. A “Force Majeure Event(s)” includes but limited to.
(a) act of war, act of terrorism, organized crime or other crime or terror or war related activities.
(b) hurricane, fire, flood, pandemics, earthquake, or other natural disasters.
(c) pandemics restrictions, governmental restrictions, explosion, or other governmental restrictions.
(d) labor disputes, strikes, riots, or other civil unrest.
(e) scarcity of Container, defects or delay in delivery from suppliers, lack of means of transportation or other supply issues.
(f) internet disruption, communications or power failure, ransomware attack, cyberespionage, hacking; or
(g) other acts of God, all of which are beyond Alconcontainer ’s reasonable control.
20. Miscellaneous
These Terms and this Contract constitute the entire agreement between the parties with respect to their subject matter, and supersedes all prior oral or written representations or agreements by the parties with respect to the subject matter thereof.
In the event that any provision of these Terms or the Contract is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms or Contract, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of Alconcontainer Group to insist upon strict adherence to any term of the Contract or these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms.
21. Law and Jurisdiction
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ALCONCONTAINER WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
These Terms and the Contract shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States of America applicable therein, excluding any conflict of laws rules that would direct the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Should the parties fail to resolve the Dispute through negotiations or mediation within thirty (30) days of initiating mediation, the Dispute shall then be resolved exclusively by final and binding arbitration under the JAMS Streamlined Arbitration Rules & Procedures. The arbitration process, including its existence, content, and result, shall be confidential. Arbitration shall be conducted by a single arbitrator, agreed upon by the parties or appointed according to JAMS rules if no agreement is reached. The arbitration demand and any counterclaims must clearly detail the factual and legal basis of the claim, including a statement of all damages and remedies sought. The arbitration shall be conducted in English in New York City, New York. Each party shall bear its own arbitration costs, with the arbitrator having discretion to award reasonable fees and costs to the prevailing party.
The arbitrator is empowered to decide issues of arbitrability, interpret these Terms or the Contract, and provide appropriate remedies, including injunctive relief. However, the arbitrator shall not exceed the authority of a court with jurisdiction over the Dispute, award damages beyond what these Terms or the Contract allow or alter the Terms or the Contract. The arbitrator’s award, to be issued within 30 days post-hearing, will be written and shall include the rationale for the decision. Judgment on the arbitration award may be entered in any court with competent jurisdiction. The parties’ consent to the jurisdiction of state or federal courts within a district where assets of a party against whom a judgment has been awarded are located, for the purpose of enforcing such judgment against the party’s assets.
In addition to the terms defined elsewhere in these Terms, as used herein, the following terms shall have the meanings set forth below:
“Alconcontainer ” means the entity Alconcontainer Inc., a Wyoming corporation with its principal office located at #300 W Ave, Staten Island, NY, 10303.
“Contract Documents” means these Terms, the purchase order (excluding your terms of conditions or other legal terms) and Confirmation Order, documents and attachments referenced in any of the foregoing (including specifications), pricing, Financial Documents, Waiver, and any other additional written agreements provided that such agreements are signed by authorized representatives of both parties and pertain to the Container.
“Dispute” means, collectively, any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it.
“Hazardous Site Conditions” means any Site conditions that impact the delivery of the Container(s) or the truck or trailer’s ability to deliver the Container(s) safely or without the truck or trailer being damaged or stuck.
“party or parties” means either you or Alconcontainer , or collectively you and Alconcontainer together.
“Service(s)” means any services offered by Alconcontainer related to the delivery or purchases of a Container or use of the Website.
“Site” means the location agreed upon by Alconcontainer and you as the place of delivery for the Container(s).
“you” or “your” means the individual, corporation, partnership, limited partnership, joint venture, association, joint stock company, trust, trustee, estate, limited liability company, unincorporated organization, real estate investment trust, government or any agency or political subdivision thereof, or any other form of entity, named in the Order Confirmation
23. Changes
The most recent version of these Terms will be included with the Order Confirmation or referenced therein, and you must review these Terms promptly upon receipt.