Terms & Conditions
Please carefully review these terms and conditions as they will govern all issues that may possibly arise in relation to your access to www.londoncontainer.ca, use of any service being offered on this website to purchase or rent containers, store or move property, or modify your containers as per your needs and preferences (the Service). If you don’t agree with these terms and conditions, you may not use this website.
The website www.londoncontainer.ca is being owned and operated by London Container. The website sells/rents shipping containers and provides moving and storage solutions. You can also use its services to modify your containers as per your requirements.
All users of this website shall consent to these terms and conditions. Using any aspect of the Service shall be deemed as your consent to enter a binding agreement with London Container. Clicking I Agree or related syntaxes in any part of this website or interface of your device shall be deemed as your digital signature and bind you to these terms and conditions.
When you enter this agreement, it shall be deemed that you are legally mature and otherwise qualified to enter this agreement. The agreement shall apply to its entirety and you should not be allowed to redefine the terms of this agreement. The agreement will be binding upon the parties, their heirs, successors, executors, legal representatives, and assignees. All activities without consenting to this agreement shall be deemed as unauthorized access.
London Container shall be entitled to determine the process and procedures for purchasing, renting, moving, and modifying containers or using any other service being made available on this website.
Nothing on this website shall make London Container a bailor or warehouse provider in pursuance to the Warehouse Lien Act, Warehouse Receipt Act, or similar laws in your jurisdiction where the rented containers are located, irrespective of leasing space being provided by London Container through its containers and/or facility.
London Container reserves a right to monitor your activities on this website/service, but shall not be obligated to do so. We shall have a right to open and inspect any rented container meant for transportation using our services. Such inspection shall never be deemed that we have taken the possession of your property. If we find out that you have violated any provisions of this agreement, we may terminate this agreement and disclose any information, content, record, or communication with the relevant authorities/third parties in our sole discretion.
All declarations, notices, and communications shall preferably take place in digital media to be sent at the address specified in this agreement or the primary email address of the parties registered on this website. All emails shall be deemed as received on the third day of their confirmed dispatch.
Unless you have an active account with London Container, all deliveries of purchased, rented, or modified containers and transportation services will take place on full payment. In the case of modifications of your containers, you may be required to deposit at least 50 percent of the estimated service cost and sign a container modification form.
It shall be your responsibility to promptly notify London Container about any changes in your name, address, contact information, credit card or chequing account numbers, failing which we may not be able to contact you or process any fees or charges that may be payable by you. If we are unable to contact you, it shall be deemed that you have abandoned the rented container. We reserve a right to retake the possession of abandoned containers and dispose of the contained property as mentioned in this agreement.
If you are entering this agreement on behalf of a corporate body, it shall be deemed that you represent a valid subsisting corporation and fully authorized to enter this agreement on its behalf, and if you are not, take your personal responsibility to fulfill all your obligations under this agreement.
Subscription / Payment
London Container reserves a right to screen your profile information before allowing you to purchase or rent any containers on the website. It shall be your responsibility to maintain the confidentiality of your login information. We are not responsible for any kinds of unauthorized access to your account or misuse of your personal information.
When you rent a container, your credit card/payment instrument will be charged on a monthly recurring basis unless you cancel this agreement at least 48 hours before the renewal date. No prorating of any invoice shall be allowed on returning a rented container at the commencement of a monthly billing cycle. If the containers are not returned before the next billing cycle, you will have to pay the next month’s rent in full. Automatic charging of your payment instrument will be applicable for only registered credit cards.
When you purchase a subscription package, it shall be deemed that submitted billing information is accurate and updated, and your payment instrument has sufficient funds for processing your order. London Container shall not be liable for any charges/fees imposed by your card issuer bank or financial institution for membership, overdraft, insufficient funds, over the credit limits, or otherwise. We are not liable for any non-performance due to your failure to provide authentic payment details.
All Rents and charges, including holding fees and late payment charges, must be paid through credit card, cash, and certified cheque or bank draft. London Container reserves a right to add or remove acceptable payments on this website.
London Container may collaborate with any third party payment processor. When you use any service on this website, it shall be deemed as your consent to abide by the terms and conditions of the respective payment processor. Third-party payment processor may collect and use your personal information in relation to their services.
Copyrights and Trademarks
The website, its content, and presentation, including the texts, images, graphics, videos, descriptions, logos, icons, page headers, trademarks, service marks, services and service names being featured on this website are owned by London Container and its collaborating partners, fully protected under the copyrights/trademarks laws of Canada and relevant international conventions.
Copyright © 2020 London Container. All rights reserved.
You are not allowed to copy, extract, or reproduce the content on this website for selling, leasing, republishing, creating derivative work or exploiting the resources by any means or manner without obtaining a prior consent from London Container.
Use of the Service
The website/service shall be used for lawful purposes only. Any kinds of unauthorized access, illegal use or activity, or infringement of third party rights shall be strictly prohibited. You should never try to exploit any content or resources being offered on this website. You are not allowed to extract, modify, repost, or redistribute the content on this website in any form or manner, or do anything that amounts to a commercial exploitation of our website, resources or the Service.
The Service will be available to the residents of Canada, but it shall be your responsibility to ensure that you can use the website/service in your in your home country without violating any local, state, and federal laws or embargos for being a resident of any restricted country or listed on any government list of prohibited entities/parties.
You shall follow all the policies, guidelines, process, and procedures for using the website. If we find out that you are involved in any kinds of abuse of our rented containers or any other aspect of the Service, we may terminate this agreement and prevent any further use of the Service in our sole discretion.
The Service shall be used for lawful purposes only. You are not allowed to:
- Remove the name and logo from the containers.
- Repair, paint, mark, modify, or apply any markings or signs of any kind without obtaining a prior consent form London Container.
- Store illegal, hazardous, corrosive, contaminating or radioactive equipment or products in the containers or use the containers for any kinds of illegal purposes.
- Load more than 10,000 pounds for transportation services. If the loaded goods exceed this maximum weight restriction, such moves may be subject to additional charges.
- Stack anything over the containers unless reinforced and stackable containers are provided by London Container.
- Move the containers without a written permission from London Container.
- Move dangerous or illegal goods such as aerosol, gasses, pressurized containers, flammable liquids, cleaning fluids, oils, solvents, paints, or any other substance prohibited by London Container or the applicable laws in your jurisdiction.
- Store any vehicle in the containers without submitting the vehicle identification number in writing before such use.
The use of rented containers to store or move any prohibited article or substance shall be deemed as a material breach of this agreement and presence of any prohibited articles in the delivered containers shall never constitute a waiver of any provisions of this section. London Container shall not be liable for any loss, theft, damage, or delay due to moving prohibited articles or otherwise, regardless of the declared value of such articles on the shipping documents.
Any violation of these restrictions will constitute a material breach of this agreement. If we find out that rented containers have been used for stocking of prohibited substances, illegal purposes, or otherwise abused for resulting in any kinds of damage, you shall be liable to pay for the repair or purchase the damaged container at its hundred percent replacement value, as determined by London Container. We may also impose an administrative and processing fee of $500 for such repair or replacements.
London Container reserves a perpetual, irrevocable and royalty-free rights over all user submissions on this website and authorized to modify, distribute, transfer and share such submissions with the third parties in its sole discretion.
When you raise any concern or register complaints, suggestions or feedbacks (collectively Feedback), London Container shall be entitled to publicize, use, reproduce, distribute, license and commercially utilize such submissions without paying any compensation or reimbursement for such commercial use of your Feedback or intellectual property involved in it.
Fees and Charges
All prices, fees, charges, offers, promotions, and exclusive deals being provided by London Container shall be subject to change at any time.
London Container reserves a right to charge your credit card in its sole discretion or issue an invoice and collect any or all amounts payable by you for purchasing/renting containers or using transportation services being offered on this website. You shall be liable for executing pre-authorization forms to pre-authorize your credit card/payment instrument in favor of London Container.
The price/rental of containers shall include all duties, taxes, levies, surcharges, or license and permit fees that may be applicable to your purchase, rental, modifications, or transportation of the containers during the term of this agreement. You shall be liable to pay all costs and expenses, including the including legal fees and disbursements incurred by London Container in relation to any terms, provisions, covenants, and indemnities mentioned in this agreement.
The rental term should be at least one month and charged in advance on a recurring basis unless the agreement is canceled at least 48 hours before the billing date. The date of delivery shall be the billing date of your rentals.
If you fail to pay your dues in time, you shall be liable to pay a fine of $25 along with two percent interest on the outstanding amount, compounding each month you fail to discharge your financial obligations under this agreement.
If you fail to accept delivery of containers within 30 minutes of the scheduled time, you shall be liable to pay a holding charge of $55 per hour and reasonable expenses that may be involved in storing, handling, or redelivery of containers. For each hour delay at the loading or unloading points that may be caused by you, your agents, the premise owner or his representatives, you shall be liable to pay holding charges at a rate determined by London Container in its sole discretion.
London Container will store any purchased or modified container for seven days and it shall be your responsibility to receive the containers within this period, failing which, a storage fee of $100 per month shall be applicable to any purchased or modified container stored beyond seven days.
It shall be your responsibility to obtain the necessary permits, if any, and make it available during the loading or unloading of containers. If you don’t have necessary permissions and any parking tickets are incurred, you shall be liable to pay the fines.
Subject to applicable laws related to property/warehouse lien in your jurisdiction, London Container shall be entitled to store the containers at your expense when goods are not accepted on arrival or service charges are not paid in full.
It shall be your responsibility to pay all taxes, including but not limited to the transfer or registration fees, domestication charges, personal property taxes, sales tax, tolls, levies, imposts, or other duties, surcharges, or governmental fees, penalties, fines or interests that may be applicable to your purchase, rental, or modification of containers, transportation of property, or any other service being offered on this website. You shall assume exclusive liability for such taxes and indemnify London Container from all issues that may arise from non-payment of any tax in relation to your use of the Service.
Delivery and Return of Containers
Unless otherwise specified in the invoice, all containers/equipment shall be sold on as-is and where-is basis. It shall be your responsibility to clearly mention the specifications for any custom order or modifications and the position of the doors during the delivery. London Container shall not be liable for any damage due to your non-performance or inability to receive your containers in time.
Subject to manufacturer’s warranty for defects in material or workmanship, the sale of containers shall be final on your acceptance of delivery. In any case, your acceptance shall be deemed as a conclusive proof that container was delivered in new/good condition.
In case of rentals, you shall be liable to return the containers in the same condition you received. London Container may take photographs at the commencement of your rental and these photographs shall be conclusive proof regarding the conditions of delivered containers. You are not allowed to make any alterations/modifications to the rented containers unless consented by London Container in writing. Any damage that results from misuse/abuse, including but not limited to painting, drilling, hammering, subdividing or modifying the containers will not constitute normal wear and tear, and you shall be liable for the repair of such damages.
London Container or its representatives will deliver the containers at the specified Site and arrange its transportation to and from the Site, but it shall be your responsibility to return any rented container in empty, broom cleaned, and good condition, suitable for immediately renting to other users. If you fail to return the containers in empty and clean condition, London Container shall be entitled to store your property at your risk and expense or dispose of to clean the container in its sole discretion. You shall be liable to pay all the costs and expenses that may be involved in such removal, storage, or disposal of your property and cleaning of the container.
Any property left in the containers upon its return shall be deemed as abandoned to be disposed of, and London Container shall not be accountable for the contents or proceeds of sale for any such property.
London Container shall be entitled to unrestricted entry to any land or location in relation to delivery, pick-up, relocation, inspection, transportation, maintenance and repairs of the containers. It shall be your responsibility to obtain all the necessary consents, rights of way, and easements that may be required for access to premises where rental containers or content to be moved is located. London Container shall not be liable for any loss, damage, costs and expenses that may arise due to your inability to provide access to the site.
It shall be your responsibility to ensure that requested delivery or pickup sites are suitable for heavy vehicles to enter and operate without creating any safety issues. London Container shall not be liable for any non-performance due unsuitability or inaccessibility of heavy vehicles to the requested site.
London Container shall not be liable for any damage to your Property, including damage to landscaping, driveways, lawns, and buildings that may occur due to the operation of heavy vehicles in relation to the delivery of your storage space/containers.
At the time of delivery or pickup, if London Container or its drivers feel that the requested site is not accessible and the vehicles cannot operate due to safety issues, you shall still be liable to pay all the charges that may be involved in delivery, pickup or handling the cargo. If the containers cannot be retrieved due to inaccessibility or safety issues, this agreement shall be extended until the site becomes accessible. The discretion of driver regarding risky, unsafe, or inaccessible site shall be final.
You shall be liable to comply with the applicable laws in relation to your use, occupancy, operation, possession, and maintenance of containers at your location, and obtain all necessary consents, licenses, permits and approvals at your own expense. London Container shall not be liable to ensure the compliance of any such laws on your behalf.
Unless your account has been restricted due to a material breach of this agreement or otherwise, you shall have complete access to your rented containers for inspecting or removing/adding stored property. If you decide to rent containers and store goods at our premises/facility, you may be required to give at least 24 hours prior notice for accessing your rented container. Your access to rented containers at our facility shall be subject to our process and procedures for accessing during the working hours. Additional charges may apply on accessing such containers for more than two times a month.
When you rent any container, except your locks, all keys, access codes, and other equipment for accessing containers shall always remain the property London Container. We reserve a right to provide access to the storage space to any police or security officer that we deem appropriate or necessary.
Repair and Maintenance
All repairs and maintenance covered under the manufacturer’s warranty on the purchase of any container shall be free. London Container may provide repair and maintenance of rented containers that it deems necessary at its sole discretion.
The repair and maintenance for normal wear and tear of rented containers will not be charged, but you shall be liable to pay for all damages that result from misuse, improper maintenance, or otherwise caused by you or others during your possession. You will be liable to immediately pay an estimated cost of such repairs and if the actual repair cost exceeds this estimated amount, pay the difference when the invoice is issued for the entire repair cost.
Please acknowledge that initial estimates for repair or modification of your containers are calculated on your required specifications, but actual repair or modification cost may exceed this estimated price due to a change in your specifications during the repair/modification process or otherwise. In case additional modification cost is required, we will let you know and payment shall be made before any such repair or modification is carried out.
A minimum repair cost of $1000 shall be applicable for any minor repairs such as cutting, drilling holes, welding, tampering with door seals, or any other alteration/modification of the containers.
If the containers under your possession is lost, destroyed, or damaged to the extent of a total loss, as determined by London Container, you shall be liable for clearing the invoice for the replacement value of such container/s, and continue to pay the agreed rentals unless the replacement value of the container is paid in full.
It shall be your responsibility to obtain a reasonable insurance cover at your own expense and protect your property and third party liabilities that may arise due to any damage of containers in your possession. Please acknowledge that Vandalism Protection option from London Container covers only damage to the lock and repainting requirements due to spray painting. You will require an effective insurance cover to protect your property.
You should acknowledge that we don’t provide any kinds of insurance cover to your property or guarantee against the loss or damage to your property during the rental, storage, or movement even when you use storage space at our facility.
It shall be your exclusive obligation to obtain any required insurance and London Container shall not be liable to you or any third party for any loss, claim or consequences of not obtaining the right insurance cover or inability to justify your insurance claim in relation to storage or transportation services being offered on this website.
Assignment or Sub-leasing
You are not allowed to sell, lend, sublease, transfer, mortgage, or otherwise assign your rights and obligations under this agreement to any third party without a written permission from London Container. To be more specific, you are not allowed to assign, move or remove the rented containers or equipment from the delivered site/location without a written consent from London Container. Any such transfer or parting with the possession of the rented container will constitute a material breach of this agreement.
If any material breach of this agreement occurs, London Container may give a reasonable time to correct the breach in its sole discretion, failing which, this contract shall be terminated. London Container reserves a right regain the possession of its rented containers in any manner or risk to the contained property and recover the expenses from you without any obligations to justify the reasonableness of its actions or the amounts.
London Container reserves a right to assign this agreement to any business or entity without any need to inform you. This agreement will continue after assignment, but you shall consent to discharge London Container from all its obligations under this agreement from the date of such assignment.
Material breach and Remedies
Notwithstanding any other material breach described in this agreement, the following defaults shall constitute a material breach of this agreement:
- Your failure to discharge your financial obligation in time
- Your failure to honor any covenant, condition or obligation under this agreement.
- You are facing any kinds of legal or statutory process that may result in a lien, claim, judgment or charge on the rented container.
- You have become insolvent, filed for bankruptcy or protection against debtors under any provincial or federal legislation.
If a material breach of this agreement occurs, London Container will send a notification to your primary email address. If the breach is not remedied within five days of such notice, it shall be entitled to terminate this agreement and pursue the following remedies in its sole discretion:
- Require you to pay all costs and expenses until the breach is remedied.
- Issue final invoice, making all rentals and financial obligations to be immediately due and payable by you.
- Take possession of the container/s, including the property contained in and refuse access to any use of the containers until the breach is remedied. If the final invoice is not paid within 30 days of its notice, London Container may dispose any seized property by private or public sale and apply the proceeds to discharge your financial obligation, in whole or parts thereof, including the reasonable expenses that may be incurred in such repossessing, seizure, repair, or sale of property.
- Initiate any other remedies that may be available under this agreement or applicable laws, including the remedies under the Personal Property Security Act, Rent Distress Act, or similar laws in your jurisdiction where rented containers are located, regardless whether this agreement is considered a true lease or security lease.
When this agreement is terminated, London Container, its employees or agents shall be entitled to enter the site on which containers are supposed to be located and retake possession of the rented container without any prior notice. We shall have full rights to take all the necessary steps (cutting locks, moving vehicles, etc.) that may be required to retake the possession of rented containers. You shall hereby consent to waive all your rights to a judicial hearing before such repossession of our rented containers. You shall waive, release, and indemnify London Container from all liabilities or claims that you may suffer from such repossession.
London Container reserves a right to retake the possession of its rented containers from any third party. You shall hereby irrevocably appoint London Container as your fully authorized agent to demand and take possession of rented containers on your behalf and deliver the possession to London Container.
When London Container retakes the possession of rented containers due to a material breach or otherwise, it shall not be responsible for the safekeeping of contained property. You shall hereby authorize London Container to remove, store, leave unattended, or dispose of any property in or attached to the containers. You shall be liable to pay any cost or expenses that may be involved in such storage, moving or disposal of contained property.
If the rented containers are not returned in the good conditions, you will be liable to pay rental charges until the containers are repaired and ready for subsequent rental, and all your outstanding dues are paid in full.
In the case of any non-performance under this agreement, London Container will send a notice to your primary email address registered on the website. If you fail to respond within two months of such notice, it shall be deemed that you have abandoned the rented containers. London Container reserves a right to retake the possession of its abandoned containers and dispose of any contained property in its sole discretion. The proceeds of such disposal shall be payable in favor of London Container.
Lien to Property
You shall hereby grant a security interest in the rented containers and all property contained in such containers to secure the payment of your financial obligations under this agreement, including future liabilities, advances, or indebtedness under this agreement. London Container shall be entitled to claim a lien against your property for unpaid rent and dues in pursuance of Repair and Storage Lien Act or similar laws in your jurisdiction where rented containers are located. We may register a security interest to the appropriate registry in our sole discretion.
If any material breach takes place or you fail to discharge your financial obligations under this agreement, London Container will have all the rights of a secured creditor. It may seize the rented containers and sell the contained property to recover its dues.
Subject to the manufacturer’s warranty for defects in material and workmanship, the sale of containers/equipment shall be final once it is delivered. However, in case of rental and transportation services, London Container reserves a right to terminate this agreement at any time and refuse the Service in its sole discretion. The following conditions shall be deemed as sufficient grounds for such termination:
- You have failed to act in letter and spirit of this agreement.
- You have provided false, misleading or inaccurate information for using the Service.
- We suspect that you are involved in any kinds of abusive or illegal activities, or don’t have the required permissions to move/transport property.
- We believe that your use of the Service may result in any kind of legal implication for you or harm our business interests.
- Such termination is required by any law enforcement agency, regulatory body, or the courts with the competent authority.
- You have requested a termination of this agreement.
If this agreement is terminated by London Container, it shall be your responsibility to return any rented container to London Container. You can also terminate this agreement by returning the rented containers/equipment to London Container. In case of a transportation service without rental, you may cancel a booking by giving a written notice to London Container at least 48 hours before the pickup date.
If a material breach of this agreement occurs, the affected party must give at least ten days’ notice to the other party. If the breach is incurable or not remedied with 10 days of notice, this agreement shall be deemed as terminated. However, the agreement will not terminate unless the rented containers are returned in empty, clean, and acceptable condition, as determined by London Container.
The termination of this agreement will never affect your pending rentals and financial obligations. You will still be liable for all damages, costs, and expenses that may be incurred by London Container due to any material breach of this agreement by you.
No claims for a refund, damages or compensation shall be entertained on the grounds that your rental agreement has been terminated without giving any notice regarding such termination.
You shall indemnify London Container and hold its partners, subsidiaries, affiliates, licensees, service providers, executives, and employees (the indemnified parties) harmless, waiving them from all kinds of liabilities, claims, demands, actions, causes of action, damages, bodily injury or death, losses, property damage, costs, and expenses, including the administrative or legal expenses that may arise from:
- Your access to this website/Service.
- Your violation of this agreement or applicable laws.
- Your violation of third party rights, including their copyrights, trademarks, and intellectual property.
- Use of containers to store or transport property to another location and any fines, forfeitures, seizures, penalties and liabilities that may arise due to any infringement or violation of laws during such transportation.
- Any collision, fire, lightning, theft, explosion, flood, windstorm, or other acts of god during your possession or in relation to your use of the containers/equipment.
- Your use of any content, services, resources, exclusive deals, promotional offers and related views, reviews, advice, suggestion or recommendation being offered on this website.
- Any other matter in relation to your use of the containers or transportation of property by using the containers.
- Your acts and omissions in relation to the use of this website/Service.
These indemnities shall survive any termination of this agreement. London Container shall be entitled to assume the exclusive defense of any subject matter under your indemnification and demand full reimbursement of expenses incurred by in asserting available defenses against the claims or rectifying the damages.
Disclaimer of warranties
London Container disclaims all warranties and representation to the maximum extent permissible under the laws. Nothing on this website or written/oral communication with the support executives or representatives shall create any kinds of express or implied warranty or representation regarding the design, condition, availability, reliability, authenticity, merchantability, fitness for particular use or purpose, and suitability of the containers/equipment as per your needs, preferences, requirements or expectations unless such warranty or representation has been clearly mentioned in this agreement.
London Container disclaims all warranties and representation regarding the nature, condition, safety or security of the rented containers/storage Space. The rent is for your use of storage space without any liability for particular items that may be stored in the rented space.
London Container shall not be liable for any delay, damage, or loss of contained property due to defects, or improper/inadequate packaging of contents in a rented container tendered to us for transportation using our services. We disclaim all responsibilities for loss or damage and it shall be your responsibility to obtain and maintain, at its own expense, adequate insurance cover on rented containers, contained property, and third party liabilities.
Nothing on this website shall create any kinds of warranty or representation that the website and its content will be free from errors, omissions, viruses, infringements, or interruptions, and any such occurrence will be restored immediately or promptly.
London Container shall not be liable for any temporary or permanent disruption, suspension or termination of the Service due to technical limitations, force majeure events, or changes in the Service itself.
Limitation of Liabilities
Nothing on the website shall create any kinds of implied warranty, conditions, duty, or obligations that have not been mentioned in this agreement.
London Container shall not be liable for any direct, indirect, incidental, consequential, punitive or special damages, including the loss of profits, business, cost savings, opportunity, credibility, goodwill, peace of mind or other intangible damages that may arise (1) in relation to sold, rented, or modified containers, transportation services and your ability or inability to use the Service, (2) breach or non-performance in terms of supply, use, or condition of rented containers, loss of stored property, liabilities for placing the containers at specific locations, or any other obligations under this agreement, (3) availability, design, condition, operation, merchantability, or fitness/suitability of containers for particular use or purpose, (4) non-conformity of containers or equipment according to specifications required by any carrier, transporter, or laws in your country, (5) the cost of buying or renting substitute containers, equipment or services, (6) unauthorized access to your account and misuse/loss of your sensitive data, (7) acts or omissions of the service providers, including but not limited to negligence causing damage, failure to deliver, loss or theft of or damage, or late or delayed delivery, or (8) any other liability, claim, loss, or damage that may be directly, indirectly, incidentally, or consequentially caused by or associated with the containers/equipment and/or inherent inadequacy, deficiency or defect therein, irrespective of the fact that such liabilities were in the contemplation of the parties and at the date of this agreement or the liabilities resulted from misrepresentation, torts, neglect of duty, breach of contract, statutory/strict liabilities or otherwise, and the possibility of such damages was already conveyed to London Container.
Some jurisdictions don’t allow any such exclusion of incidental or consequential liabilities. In such jurisdictions, these limitations shall be subject to the applicable laws. However, in any case, our entire liabilities, including the liabilities from non-performance, misrepresentation, tort, breach of contract, negligence of statutory duty, restitution or otherwise, shall never exceed the total amount that you paid for buying, renting, storing, moving, or modifying your containers.
Waiver and Release of Claims
You shall hereby consent to waive, release and discharge all claims against London Container, its partners, subsidiaries, service providers, executives, employees, and others (Releasees) for whom it is responsible at law or may be responsible in the future for any loss, damage, expense, injury or death that you or any third party may suffer due to the use of rented containers, including the storage or transportation of your property in such containers, irrespective of the fact that such storage takes place at London Container facility, transportation is provided by London Container or collaborating service providers, and/or the liabilities occur due to any misrepresentation, willful misconduct, gross negligence, non-compliance with licensing requirements, or breach of any statutory duty, responsibilities, or contract by London Container.
You shall discharge the Releasees from any duty of care and waive all your rights to raise any claim for loss or damage that you may have under the Occupiers Liability Act or similar laws in your jurisdiction where the rented containers are located.
The total liability of the Releasees for any claim in expense pursuant to the Warehouse Receipt Act or similar laws in your jurisdiction where the rented containers are located shall be limited to a maximum amount of $1,000.00 CAD.
The parties to this agreement shall consent to resolve all their disputes through mutual negotiations. However, London Container will never be a party to your business relationship or disputes with third party carriers or transportation service providers.
If the parties to this agreement are unable to resolve their disputes involving any breach, enforcement, interpretation, validity or other matters related to these terms and conditions or the Service, the aggrieved party shall be entitled to file arbitration to be adjudicated according to the arbitration rules of Canadian Arbitration Association. However, the arbitrator should have no authority to award punitive or consequential damages, including the legal expenses. The parties shall waive their rights to class action, class arbitration, or other representative action or proceeding.
The parties shall be free to move any court with competent jurisdiction to execute any arbitration award or seek injunctive relief against any remedy or relief awarded by the arbitrators.
Third party links
This website may include links or ads to third party websites. Such links may be included for providing useful information related to containers and transportation you might be looking for. However, we don’t endorse or recommend any product, service, or content, including any moving, storage, or shipping containers, carriers, transporters, and related views, reviews or information being features or made available by any third party / linked website.
London Container shall not be liable for any loss, damages, claims or consequences that may arise in relation to your reliance on third party products, services, content, information, or use of such websites.
This agreement shall be interpreted according to laws of Canada. The parties shall submit before the non-exclusive jurisdiction of courts in London Ontario, Canada with respect to any disputes or claims that may not be settled through arbitration as set forth in this agreement.
If any provision of this agreement is declared void by the courts or becomes unenforceable due to any reasons, the affected clause/section shall be severed and the remaining agreement shall continue with full legal sanctity. When feasible, the impugned clause/sections shall be replaced by new provisions in the true spirit of this agreement.
This agreement shall be deemed as part of your entire agreement with London Container. Please acknowledge that third party services are subject to additional agreements/end-user licenses of the respective service providers.
You are not allowed to assign, sub-license, lease, change or otherwise transfer your rights and obligations to third parties without obtaining a written consent from London Container. However, we may engage any third party and assign our rights and obligations to such third parties in relation to the services being offered on this website.
You will retain exclusive possession of property stored in your rented containers at all times unless a material breach of this agreement on your part is not remedied within the specified timeframe and London Container seizes the property to be sold in its sole discretion.
If we decide to ignore any kinds of non-compliance or unable to enforce a strict compliance of this agreement due to specific circumstances or otherwise, it shall never be deemed as a waiver of our rights to demand strict compliance for any subsequent violations or non-performance.
The parties shall never assume, create or enter any obligation/binding agreement on behalf of the other party. The parties shall remain independent entities and nothing on the website shall impart or deemed as any kind of partnership, joint venture, franchise, agent-principal, or employer-employee relationship between you and London Container.
You will be liable to pay all costs and expenses incurred by London Container for enforcing any provisions, conditions, covenants, and indemnities mentioned in this agreement.
A printed version of this agreement and/or of any electronic notice or communication based upon or relating to this agreement will be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents/records originally generated and maintained in printed form.
The heading and paragraphs of this agreement shall be used for convenience only, and should not be used for interpreting any provisions or deemed as part of this agreement.
Changes to this Agreement
All policy modifications that are required to comply with applicable laws or other legal/business requirements will be effective immediately upon its notification, but we will provide a reasonable timeframe before other substantial changes become effective. Once notified and effective, the modified agreement will replace and supersede all previous terms and conditions. Continued access to this website or use of the Service shall be deemed as your consent to accept the modified agreement.