Terms and Conditions

Terms and Conditions

Terms and Conditions of Sale and Use

These Terms and Conditions constitute a legally binding agreement between you and Tuarus Container Service. By purchasing our products or using our website, you agree to all terms below.

1. Definitions

Throughout these Terms and Conditions, the following terms shall have the meanings set forth below:

  • "Company," "we," "us," "our" — Tuarus Container Service, a business operating from 1122 MAIN ST, STAMFORD, CT 06902.
  • "Customer," "you," "your" — The individual or entity purchasing products or using our website.
  • "Container" or "Product" — Any shipping container, modification, or accessory sold by Tuarus Container Service.
  • "Site" or "Website" — https://tuaruscontainerservice.com and all associated subdomains.
  • "Order" — A request for purchase submitted by you through our Site or via direct communication.
  • "Parties" — Collectively, Tuarus Container Service and you, the Customer.

2. Applicability

These Terms and Conditions apply to all offers, quotations, orders, contracts, and deliveries of products by Tuarus Container Service. Any terms or conditions proposed by you that differ from, conflict with, or add to these Terms and Conditions are hereby rejected and shall not be binding unless expressly agreed to in writing by an authorized representative of Tuarus Container Service.

📌 Electronic Acceptance (Connecticut UETA Compliance)

Under the Connecticut Uniform Electronic Transactions Act (UETA) — Connecticut General Statutes § 1-266 et seq. — your electronic acceptance of these Terms and Conditions (by clicking "I Agree," placing an order, or using our Site) constitutes a legally binding agreement with the same force and effect as a physical signature. No handwritten signature is required for enforceability.

3. Offer and Acceptance

All orders submitted by you constitute an offer to purchase products from Tuarus Container Service. We reserve the right to accept or reject any order for any reason, including but not limited to product availability, pricing errors, suspected fraud, or inability to verify payment information.

Acceptance of your order occurs only when we send you an order confirmation email that expressly states that your order has been accepted. Until such confirmation is sent, we reserve the right to cancel or modify your order without liability.

⚠️ Order Acknowledgment Not Acceptance

An automated order acknowledgment or payment receipt does not constitute acceptance of your order. Only a formal order confirmation email from our team signifies acceptance. We may cancel any order at our discretion prior to dispatch.

4. Prices and Payment

Prices: All prices are quoted in United States Dollars (USD) and are subject to change without notice. Prices do not include taxes, delivery fees, or custom modification costs unless expressly stated. Quotes provided are valid for 14 days from date of issuance.

Payment Terms: Full payment is required before any container is dispatched. We accept Credit Cards (Visa, MasterCard, American Express, Discover) and Bank Transfers (ACH/Wire). Your order will be processed only after funds have fully cleared in our accounts. We do not offer COD (Cash on Delivery) or net terms unless previously approved in writing.

Payment Security: All payment information is processed through PCI DSS Level 1 compliant gateways. We do not store full credit card numbers on our servers.

5. Taxes

All orders are subject to applicable state and local sales tax, which will be calculated based on the shipping address provided. You are responsible for all taxes associated with your purchase, including sales tax, use tax, and any other governmental charges. If you are tax-exempt, you must provide a valid exemption certificate prior to order processing (see our Sales Tax Policy for details).

For customers in states where we do not collect sales tax, you may be legally required to remit use tax directly to your state tax authority. Connecticut customers are subject to 6.35% sales tax on all deliveries within the state under Connecticut General Statutes § 12-408.

6. Delivery and Title

Delivery: We offer a $450 flat rate shipping fee for standard delivery of any container to the contiguous United States. Delivery is guaranteed within 5-7 business days from payment clearance, subject to site accessibility and weather conditions. Alaska and Hawaii deliveries require custom quotes.

Title and Risk of Loss: Title to the container and risk of loss pass to you upon delivery to the address specified in your order. Your signature on the Bill of Lading (BOL) or delivery receipt constitutes your acceptance of the container in its delivered condition. We recommend inspecting the container thoroughly before signing.

Site Preparation: You are responsible for ensuring that your delivery site is properly prepared, including adequate access width (minimum 14 feet), height clearance (minimum 16 feet), and a level, firm surface. Failed delivery attempts due to unprepared sites will incur additional fees.

7. Inspection and Acceptance

Upon delivery, you have the right to inspect the container for any visible damage or defects. Under Connecticut General Statutes § 42a-2-513 (Acceptance of Goods), your signature on the delivery receipt without notation of damage constitutes acceptance of the container in its delivered condition.

Concealed Damage: If you discover damage after delivery that was not visible at the time of drop-off, you must notify us within 48 hours of delivery. Provide photographs and a detailed description of the damage. We will assist in filing a claim with the carrier. Failure to notify us within 48 hours may waive your right to claim damages.

⚠️ IMPORTANT: Inspection Required

DO NOT SIGN THE DELIVERY RECEIPT without inspecting the container. If damage is present, note it clearly on the Bill of Lading before signing. You have the right to refuse delivery of a damaged container. Contact us immediately if you need assistance.

8. Warranty and Disclaimers

Limited Warranty: Tuarus Container Service provides a limited structural warranty based on container condition:

  • New / One-Trip Containers: 10-year limited structural warranty
  • Cargo Worthy Containers: 5-year limited structural warranty
  • Wind & Watertight (WWT) Containers: 2-year limited structural warranty
  • As-Is Containers: NO WARRANTY — sold "as-is, where-is"

The limited warranty covers manufacturing defects in steel, failed door seals, structural cracks, and rust-through on new containers. It does NOT cover cosmetic damage, surface rust, modifications made after delivery, damage from improper use or site conditions, or acts of nature.

DISCLAIMER OF IMPLIED WARRANTIES: TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED ABOVE, TUARUS CONTAINER SERVICE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

📋 Connecticut Warranty Notice

Connecticut law (CGS § 42a-2-314) implies a warranty of merchantability unless properly disclaimed. Our disclaimer above is conspicuous and is intended to limit our liability to the express warranties provided. Some states do not allow limitations on implied warranties; in such jurisdictions, our liability is limited to the fullest extent permitted by law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUARUS CONTAINER SERVICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, OR COSTS OF SUBSTITUTE PRODUCTS, ARISING OUT OF OR RELATING TO YOUR USE OF OUR SITE OR PURCHASE OF OUR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR PURCHASE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SPECIFIC CONTAINER GIVING RISE TO THE CLAIM.

⚖️ Connecticut Limitation Notice

Certain Connecticut laws may not allow the exclusion or limitation of certain damages. In such cases, our liability shall be limited to the fullest extent permitted by Connecticut General Statutes and applicable federal law. This limitation of liability is a fundamental basis of the bargain between you and Tuarus Container Service.

10. Returns, Cancellations, and Refunds

Cancellations: You may cancel your order within 24 hours of payment clearance for a full refund. After 24 hours but before the container has been dispatched, cancellations are subject to a 15% restocking fee. Once the container has been dispatched, cancellations are not permitted and the order is considered final.

Returns: Returns are accepted only for defective products covered under warranty. You must contact us within 7 days of delivery to request a return authorization. Return shipping costs are your responsibility unless the return is due to our error. Custom-modified containers are non-returnable and non-refundable.

Refunds: Approved refunds will be processed within 5-7 business days to the original payment method. Bank transfer refunds may take up to 10 business days due to intermediary bank processing times.

⚠️ No Refunds for As-Is Containers

Containers sold "as-is, where-is" are final sale and are not eligible for return or refund under any circumstances. Please inspect as-is containers thoroughly before purchase.

11. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure results from events beyond the party's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor strikes, supply chain disruptions, government actions, pandemics, epidemics, severe weather conditions, or carrier delays.

If a force majeure event occurs, the affected party shall notify the other party as soon as reasonably practicable, and the time for performance shall be extended for the duration of the force majeure event. If the force majeure event continues for more than 30 days, either party may terminate the affected order without penalty.

12. Indemnification

You agree to indemnify, defend, and hold harmless Tuarus Container Service, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of our Site or products in violation of these Terms and Conditions
  • Your violation of any applicable law, regulation, or third-party right
  • Any content you submit to our Site
  • Your negligent or willful misconduct
  • Any claim that your use of our products infringes upon third-party rights

13. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law principles. The Connecticut Uniform Electronic Transactions Act (UETA), Connecticut General Statutes § 1-266 et seq., shall govern the enforceability of electronic signatures and records.

Any legal action, suit, or proceeding arising out of or relating to these Terms and Conditions or your purchase shall be brought exclusively in the state or federal courts located in Stamford, Connecticut. You hereby consent to the personal jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.

⚖️ Connecticut Dispute Resolution

Before initiating any legal proceeding, you agree to first contact us to resolve any dispute informally. If the dispute cannot be resolved within 30 days, either party may initiate mediation or binding arbitration in accordance with Connecticut General Statutes § 52-408. Small claims court actions in Stamford, Connecticut are permitted for disputes within the jurisdictional limit of such courts.

14. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO BRING ANY CLAIM AGAINST TUARUS CONTAINER SERVICE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY CONSOLIDATED OR REPRESENTATIVE ACTION.

If any court or arbitrator determines that the class action waiver is unenforceable, the arbitration agreement shall be deemed void, and any dispute shall be resolved in the state or federal courts located in Stamford, Connecticut.

15. Severability

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be reformed to the extent necessary to make it enforceable while preserving the original intent of the parties.

16. Waiver

No waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by an authorized representative of Tuarus Container Service. Any failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in the future. A waiver of any breach shall not constitute a waiver of any subsequent breach.

17. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without our prior written consent. We may assign, transfer, or delegate any of our rights or obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

18. Modifications to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. If we make material changes, we will notify you by posting the updated Terms and Conditions on our Site and updating the "Last Updated" date at the top of this document. Your continued use of our Site or purchase of our products after such changes constitutes your acceptance of the modified Terms and Conditions. If you do not agree to the modified Terms and Conditions, you must stop using our Site and refrain from making further purchases.

19. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Shipping Policy, Payment Policy, Warranty Policy, and Sales Tax Policy, constitute the entire agreement between you and Tuarus Container Service regarding your use of our Site and purchase of our products. Any prior agreements, representations, or understandings, whether written or oral, are superseded by these Terms and Conditions.

In the event of any conflict between these Terms and Conditions and any other policy, these Terms and Conditions shall control. No course of dealing, course of performance, or trade usage shall modify the terms of this agreement.

20. Electronic Signature and Consent

🖊️ Electronic Signature Acknowledgment

BY PLACING AN ORDER, CLICKING "I AGREE," "SUBMIT ORDER," OR ANY SIMILAR BUTTON, OR BY USING OUR WEBSITE, YOU ACKNOWLEDGE THAT:

  • You have read, understood, and agree to be bound by these Terms and Conditions.
  • Your electronic acceptance constitutes a legally binding signature under the Connecticut Uniform Electronic Transactions Act (CGS § 1-266 et seq.) and the Federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. § 7001 et seq.).
  • You consent to receive electronic communications from us, including order confirmations, invoices, and policy updates.
  • You agree that all electronic records have the same legal force and effect as physical documents.

21. Contact Information

📧 Legal and Terms Inquiries

Email: info@tuaruscontainerservice.com (include "LEGAL - T&C" in subject line)

Phone: 1-888-555-0123 (Legal Department, Mon-Fri 9AM-5PM ET)

Mailing Address: Tuarus Container Service — Legal Department, 1122 MAIN ST, STAMFORD, CT 06902

Website: https://tuaruscontainerservice.com

For Connecticut consumer complaints, you may also contact the Connecticut Department of Consumer Protection at portal.ct.gov/DCP or call 1-800-842-2649.

For disputes, please contact us first before initiating any legal proceeding. We are committed to resolving disputes fairly and promptly.

📄 Acknowledgment of Terms and Conditions

BY USING THE TUARUS CONTAINER SERVICE WEBSITE OR PURCHASING ANY PRODUCT FROM US, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE OR PURCHASE OUR PRODUCTS.