Binding Purchase Agreement

Terms & Conditions

These Terms & Conditions govern all sales transactions, product warranties, delivery agreements, and your overall business relationship with Apex Container Group. Please review them carefully before placing an order.

📅 Last Updated: January 1, 2026
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Sales Agreement

These terms govern every container purchase — covering pricing, payment, grading, delivery, and your rights as a buyer.

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Warranty Included

5-year structural warranty on new containers. 12-month workmanship warranty on custom modifications. 90-day on reefers.

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Kansas Law

Governed by the laws of the State of Kansas. Disputes resolved through arbitration in Ellis County, Kansas.

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Fair & Transparent

No hidden fees. Transparent grading. Honest descriptions. If we make a mistake, we make it right at our expense.

1. Definitions

The following definitions apply throughout these Terms & Conditions:

TermDefinition
"Seller"Apex Container Group, located at 1522 Sarratoy St, Pfeifer, KS 67660, USA.
"Buyer"The individual, company, or entity purchasing containers or services from the Seller.
"Container"Any shipping container, storage container, refrigerated container, chassis, trailer, or related product listed on our website or offered by the Seller.
"Custom Container"Any container that has been modified to the Buyer's specifications, including but not limited to offices, kiosks, homes, pools, and retail spaces.
"Order"A confirmed purchase of one or more containers or services, evidenced by payment receipt and order confirmation email.
"Order Confirmation"The email sent by the Seller to the Buyer confirming acceptance of the order, including order number, product details, pricing, and estimated delivery date.
"Delivery Site"The physical location specified by the Buyer for container delivery and placement.
"Depot"Any warehouse, yard, or storage facility owned by or partnered with the Seller where containers are stored before dispatch.
"WWT"Wind & Water Tight — a grading standard indicating the container is structurally sound with no holes or leaks.
"CW"Cargo Worthy — a grading standard indicating the container meets international shipping standards with a valid CSC plate.
"CSC"Convention for Safe Containers — an international safety standard for shipping containers used in international transport.

2. Order Acceptance

All orders placed through our website, by phone, or by email are subject to acceptance by the Seller. An order constitutes an offer to purchase and is not binding until the Seller issues an Order Confirmation.

2.1 Acceptance Process

  • Step 1 — Order Placed: The Buyer submits an order through the website, by phone (+1 501-550-2221), or by email (info@apexcontainergroup.com).
  • Step 2 — Payment Received: Full payment (or required deposit for custom containers) is received and verified by the Seller.
  • Step 3 — Order Confirmation: The Seller sends an Order Confirmation email to the Buyer with order details, delivery estimate, and site preparation guide.
  • Step 4 — Binding Agreement: The Order Confirmation constitutes the Seller's acceptance of the order. At this point, a binding sales agreement is formed under these Terms & Conditions.

2.2 Right to Refuse

The Seller reserves the right to refuse or cancel any order at any time before dispatch for any reason, including:

  • Product unavailability or inventory discrepancies
  • Pricing errors, system malfunctions, or incorrect listings
  • Suspected fraudulent activity or inability to verify payment
  • Delivery restrictions to the Buyer's specified location
  • The Buyer's failure to meet eligibility requirements

If the Seller refuses an order after payment has been received, a full refund will be issued promptly to the Buyer's original payment method.

3. Product Condition & Grading

All containers sold by Apex Container Group are graded according to the following industry-standard condition classifications:

GradeDescriptionTypical Use
New / One-TripManufactured new overseas and shipped once with cargo. Near-new condition with minimal cosmetic wear. Valid CSC plate included.Storage, shipping, modifications, homes, retail
Wind & Water Tight (WWT)Previously used for shipping. Structurally sound with no holes or leaks. May show cosmetic wear including surface rust, dents, and paint fading.Storage, job sites, farm use, basic modifications
Cargo Worthy (CW)Meets international shipping standards with a current, valid CSC plate. Inspected and certified for international ocean transport. May show cosmetic wear.International shipping, export, storage
As-IsSold in current condition with all defects documented and disclosed. May have structural or cosmetic issues including holes, significant rust, damaged doors, or missing floors.Budget storage, scrap, art projects, barriers

📸 Inspection Reports

For all used containers (WWT, CW, and As-Is), the Seller provides detailed inspection photographs and a condition report before shipment. By accepting the Order Confirmation and proceeding with payment, the Buyer acknowledges that they have reviewed the available photos and condition information and agree to purchase the container in the described condition.

3.1 Cosmetic Variations

Used containers are industrial equipment that has been in active service. The Buyer acknowledges and accepts that used containers may exhibit:

  • Surface rust, paint fading, and discoloration consistent with the graded condition
  • Minor dents, scratches, and scuff marks on exterior walls and doors
  • Floor wear, staining, and minor surface damage consistent with previous cargo use
  • Slight variations in dimensions from manufacturer specifications (industry tolerance: ±½ inch)
  • Decals, markings, or residual branding from previous owners or shipping lines

These cosmetic variations are characteristic of used containers and do not constitute a defect or condition mismatch. They are not grounds for a return or refund under our Refund Policy.

4. Pricing & Payment

4.1 Pricing

  • Currency: All prices are listed in U.S. Dollars (USD). EU customers will be charged in USD; the buyer's bank will convert at the prevailing exchange rate.
  • Exclusions: Listed prices do not include delivery costs, applicable sales tax, import duties, VAT, or customs fees unless explicitly stated in the product listing or quote.
  • Price Validity: Quoted prices are valid for 7 calendar days from the date of the quote. After 7 days, prices are subject to change based on current market conditions and inventory.
  • Price Changes: The Seller reserves the right to change prices at any time without notice. Price changes do not affect orders that have already been confirmed and paid for.

4.2 Payment Terms

Order TypePayment RequiredWhen Due
Standard Containers100% of total (container + delivery + tax)At time of order
Custom/Modified Containers50% deposit to start fabricationAt time of order
Custom — BalanceRemaining 50%Upon completion, before delivery
Bulk Orders (5+ units)NET 30 terms (if approved)30 days from invoice date

4.3 Accepted Payment Methods

  • Credit/Debit Cards: Visa, Mastercard, American Express — processed securely via Stripe
  • PayPal: Payments processed through PayPal's secure platform
  • Bank Wire Transfer: ACH (domestic) or SWIFT (international)
  • Cash on Delivery: Available for select U.S. orders — contact us for eligibility
  • Third-Party Financing: Available through approved lending partners for qualified buyers

4.4 Late Payment

For NET 30 accounts, invoices not paid within 30 days of the invoice date will be subject to a late fee of 1.5% per month (18% annually) on the outstanding balance. The Seller reserves the right to suspend future orders and revoke NET 30 terms for accounts with overdue balances.

⚠️ Non-Payment

If payment for a confirmed order is not received within the required timeframe, the Seller reserves the right to cancel the order, retain any deposits as liquidated damages (for custom containers where fabrication has begun), and pursue collection of outstanding balances through appropriate legal channels.

5. Custom Modifications

The following terms apply specifically to custom-modified containers (offices, kiosks, homes, pools, retail spaces, etc.):

5.1 Custom Order Process

  • Consultation: The Buyer discusses requirements with the Seller's team. The Seller provides a detailed custom quote including specifications, materials, timeline, and total cost.
  • Approval: The Buyer reviews and approves the quote in writing (email confirmation is sufficient).
  • Deposit: The Buyer pays a 50% deposit to initiate fabrication.
  • Fabrication: The Seller begins construction according to the approved specifications. Progress updates are provided during the build.
  • Completion & Inspection: The Seller notifies the Buyer upon completion and provides photos of the finished build for review.
  • Final Payment: The Buyer pays the remaining 50% balance.
  • Delivery: The completed custom container is delivered to the Buyer's specified location.

5.2 Change Orders

If the Buyer requests changes to the approved specifications after fabrication has begun:

  • The Seller will assess the feasibility and cost impact of the requested changes.
  • A revised quote will be provided for the Buyer's approval before any changes are made.
  • Change orders may extend the production timeline. The Seller will provide an updated delivery estimate.
  • Additional costs resulting from change orders must be paid before delivery.

5.3 Non-Returnable

Custom-modified containers are built to the Buyer's unique specifications and are non-returnable and non-refundable. However, all custom fabrication work is covered by the Seller's 12-month workmanship warranty (see Section 10).

🚫 Custom Deposit Non-Refundable After Fabrication Starts

Once fabrication of a custom container has begun, the 50% deposit is non-refundable as it covers materials and labor already committed. If fabrication has not yet started, the deposit is refundable minus a 10% administrative fee. The Buyer should ensure all specifications are finalized before approving the custom quote.

6. Delivery Terms

Complete delivery terms are outlined in our Shipping & Delivery Policy. The following key terms apply to all orders:

6.1 Delivery Responsibility

  • Seller's Responsibility: The Seller is responsible for coordinating transport from the depot to the Buyer's delivery site, ensuring the container is insured during transit, and placing the container at the designated location.
  • Buyer's Responsibility: The Buyer is responsible for ensuring the delivery site is accessible, prepared, and meets the requirements specified in the site preparation guide. The Buyer must also obtain any necessary permits for container placement.

6.2 Delivery Timelines

Order TypeUS DeliveryEU Delivery
Standard Containers5–15 business days10–25 business days
Custom/Modified15–45 business days25–60 business days
Expedited (Standard)3–7 business days7–14 business days

All delivery dates are estimates, not guarantees. The Seller will notify the Buyer promptly of any significant delays and provide updated delivery estimates.

6.3 Failed Delivery

If the delivery driver cannot safely deliver the container due to site access issues, unprepared surface, obstructions, or the Buyer's absence without a designated representative, a failed delivery fee of $250–$500 may apply, plus the cost of rescheduling delivery.

7. Inspection & Acceptance

7.1 Upon Delivery

The Buyer (or their authorized representative) should be present at the delivery site to direct placement and inspect the container upon delivery. The Buyer should:

  • Visually inspect the exterior for damage not consistent with the graded condition
  • Open and close all doors to verify proper operation
  • Inspect the interior for leaks, floor damage, or issues not disclosed in the condition report
  • Note any discrepancies with the delivery driver before they depart

7.2 Reporting Issues

  • Transit Damage: Must be reported within 48 hours of delivery with photo documentation.
  • Condition Mismatch: Must be reported within 30 calendar days of delivery per our Refund Policy.
  • Missing Features: Must be reported within 30 calendar days of delivery.

7.3 Deemed Acceptance

If no issues are reported within 30 calendar days of delivery, the container is deemed accepted by the Buyer in its delivered condition. After this period, the Buyer's sole remedy for any issues is through the applicable warranty (see Section 10).

8. Returns & Refunds

Returns and refunds are governed by our Refund Policy, which is incorporated into these Terms & Conditions by reference. Key provisions include:

  • 30-Day Guarantee: Standard containers may be returned within 30 days of delivery if they don't match the listed description or have undisclosed defects.
  • Free Return Pickup: Approved returns are picked up at no cost to the Buyer.
  • Refund Processing: Refunds are issued within 10–15 business days after the returned container is inspected at our depot.
  • Non-Returnable Items: Custom-modified containers, "As-Is" containers, customer-damaged containers, and accessories are non-returnable.

For complete details on eligibility, process, and timelines, please review our full Refund Policy.

9. Cancellations

WhenStandard OrdersCustom Orders
Within 24 hoursFull refund, no feeFull deposit refund, no fee
Before dispatch / fabrication90% refund (10% restocking fee)Deposit refund minus 10% admin fee
After dispatchCannot cancel — return policy appliesN/A
After fabrication startsN/ACannot cancel — deposit non-refundable

10. Warranties

Apex Container Group provides the following warranties on products sold:

ProductWarrantyDurationCoverage
New (One-Trip)Structural Warranty5 yearsDefects in materials and structural workmanship. Does not cover cosmetic wear, surface rust, or damage from misuse, modifications, or natural disasters.
Used (WWT/CW)Satisfaction Guarantee30 daysContainer must match the listed condition grade. No additional warranty beyond the 30-day satisfaction guarantee.
Custom ModificationsWorkmanship Warranty12 monthsAll fabrication work — doors, windows, electrical, plumbing, insulation, HVAC, paint, and finishes. Does not cover normal wear and tear or customer modifications.
Refrigerated UnitsMechanical Warranty90 daysRefrigeration unit mechanical operation. Does not cover compressor replacement on units over 10 years old or damage from power surges.
Used — As-IsNoneN/ASold in documented condition with no warranty. All defects are disclosed and accepted by the Buyer at the time of purchase.

10.1 Warranty Exclusions

The following are explicitly excluded from all warranties:

  • Damage caused by the Buyer, their agents, or third parties after delivery
  • Damage from natural disasters, floods, fires, earthquakes, or severe weather
  • Damage from improper use, overloading, or use inconsistent with the container's intended purpose
  • Modifications, alterations, or repairs made by anyone other than the Seller without prior written approval
  • Normal wear and tear, including surface rust, paint fading, and minor floor wear
  • Cosmetic issues on used containers consistent with the graded condition at the time of sale

10.2 Warranty Claims

To file a warranty claim, contact us at info@apexcontainergroup.com or +1 501-550-2221 with your order number, a description of the issue, and clear photographs. We will assess the claim within 5 business days and arrange repair or replacement as covered under the applicable warranty.

✅ Our Commitment

We stand behind every container we sell. If something we sold or built is defective, we will make it right — whether that means repair, replacement, or refund. Our warranties exist to protect you, and we honor them without hassle.

11. Risk of Loss & Insurance

11.1 During Transit

All containers shipped by Apex Container Group are fully insured during transit from our depot to the Buyer's delivery site. The Seller bears all risk of loss or damage while the container is in transit on our carrier.

11.2 Transfer of Risk

Risk of loss or damage transfers from the Seller to the Buyer at the following points:

  • Delivered Orders: Risk transfers at the moment the container is successfully placed at the Buyer's designated delivery site and the delivery driver departs.
  • Self-Pickup Orders: Risk transfers at the moment the container is loaded onto the Buyer's transport vehicle at the Seller's depot.

11.3 Buyer's Insurance

After risk transfers to the Buyer, the Buyer is solely responsible for insuring the container against damage, theft, vandalism, natural disasters, and any other loss. The Seller strongly recommends the Buyer obtain appropriate property insurance for the container immediately upon delivery.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

⚖️ Liability Cap

The Seller's total aggregate liability for any and all claims arising from or related to any transaction under these Terms & Conditions shall not exceed the total purchase price paid by the Buyer for the specific container(s) or service(s) giving rise to the claim.

The Seller shall not be liable for:

  • Indirect Damages: Lost profits, lost revenue, loss of business opportunity, or loss of goodwill
  • Consequential Damages: Damages arising from the Buyer's use or inability to use the container
  • Incidental Damages: Costs incurred as a result of the loss of use of the container
  • Punitive Damages: Regardless of whether the Seller has been advised of the possibility
  • Third-Party Claims: Claims made against the Buyer by third parties related to the Buyer's use of the container
  • Building Code Violations: The Buyer is solely responsible for ensuring container use complies with local building codes, zoning regulations, and permit requirements

13. Indemnification

The Buyer agrees to indemnify, defend, and hold harmless the Seller, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:

  • The Buyer's use, modification, or resale of any container purchased from the Seller
  • The Buyer's failure to comply with local building codes, zoning laws, or permit requirements
  • Personal injury or property damage caused by the Buyer's use of the container
  • The Buyer's breach of any provision of these Terms & Conditions
  • The Buyer's violation of any applicable law or regulation
  • Any third-party claim arising from the Buyer's use of the container

14. Force Majeure

Neither party shall be liable for any failure or delay in performing any obligation under these Terms & Conditions if such failure or delay results from circumstances beyond the party's reasonable control ("Force Majeure Event"), including but not limited to:

  • Natural disasters (earthquakes, hurricanes, floods, wildfires, tornadoes)
  • Pandemics, epidemics, or public health emergencies
  • Wars, acts of terrorism, civil unrest, riots, or insurrection
  • Government orders, embargoes, sanctions, or trade restrictions
  • Port congestion, shipping lane disruptions, canal closures, or carrier strikes
  • Supply chain disruptions, steel shortages, or manufacturing delays
  • Power outages, internet failures, or telecommunications disruptions

The affected party shall notify the other party as soon as reasonably practicable and make commercially reasonable efforts to resume performance. If the Force Majeure Event continues for more than 60 calendar days, either party may terminate the affected order. In such case, the Buyer will receive a full refund of all amounts paid for the terminated order.

15. Dispute Resolution

Any dispute, claim, or controversy arising from or relating to these Terms & Conditions or any transaction between the Buyer and the Seller shall be resolved through the following process:

Step 1 — Good-Faith Negotiation

The parties shall first attempt to resolve the dispute through direct, good-faith negotiation. Contact the Seller at info@apexcontainergroup.com or +1 501-550-2221. Most disputes are resolved at this stage within 5–10 business days.

Step 2 — Mediation

If the dispute cannot be resolved through negotiation within 30 days, either party may request non-binding mediation. The mediation shall be conducted by a mutually agreed-upon mediator in Ellis County, Kansas.

Step 3 — Binding Arbitration

If mediation fails, the dispute shall be submitted to binding arbitration in Ellis County, Kansas, under the rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

🤝 Class Action Waiver

Both the Buyer and the Seller agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. Both parties waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Kansas, United States of America, without regard to its conflict of law principles. To the extent arbitration is not applicable, both parties consent to the exclusive jurisdiction of the state and federal courts located in Ellis County, Kansas.

17. Severability

If any provision of these Terms & Conditions is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent as closely as possible.

18. Waiver

The failure of either party to enforce any right or provision of these Terms & Conditions shall not constitute a waiver of that right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. A waiver of any right or provision on one occasion shall not be deemed a waiver of that right or provision on any subsequent occasion.

19. Entire Agreement

These Terms & Conditions, together with the following policies, constitute the entire agreement between the Buyer and the Seller regarding the purchase of containers and services:

This agreement supersedes all prior agreements, understandings, representations, negotiations, and warranties — whether written, oral, or implied — between the Buyer and the Seller relating to the subject matter hereof.

No amendment or modification to these Terms & Conditions shall be effective unless made in writing and published on our website with an updated revision date, or agreed upon in writing by both parties for a specific transaction.

20. Contact Information

For questions, concerns, or inquiries regarding these Terms & Conditions, please contact us:

Apex Container Group — Terms & Conditions

Address: 1522 Sarratoy St, Pfeifer, KS 67660, USA

Phone: +1 501-550-2221

Email: info@apexcontainergroup.com

Website: apexcontainergroup.com

Hours: Monday–Friday, 8:00 AM – 6:00 PM CST

For contract questions, custom order agreements, or dispute resolution, please reference "Terms & Conditions" in the subject line of your email. We aim to respond to all inquiries within 5 business days.