Terms of use - Optimize your container logistics with xChange

BEFORE USING THE CONTAINER HERO PLATFORM (THE PLATFORM), PLEASE READ THESE TERMS OF USE CAREFULLY (THESE TERMS). BY ACCESSING OR USING THE PLATFORM AS (OR ON BEHALF OF) A PARTICIPANT, YOU ARE CONFIRMING TO US THAT YOU ACCEPT ALL OF THESE TERMS IN FULL.

Container Hero is an online platform that allows customers to easily buy shipping containers at wholesale or mid-market retail prices. Container Hero is the retail window of Container xChange Solutions GmbH. Container Hero itself does not own any containers but facilitates customers in purchasing containers from wholesalers and other large container traders who are active on the Container xChange platform.

Our terms & conditions reflect the standard terms & conditions in the global container shipping industry. All transactions are subject to the Container xChange standard sale contract which is available here. In case you have any questions or doubts, please send a message to our Support team at support@container-hero.com.

1. Terms of Sale

Please review the following terms and conditions and policies referenced hereunder (the “Terms”) that govern your use of and purchase of containers (referred to as “Container” or “container”) from https://www.container-hero.com or us and any features, applications, blogs, social networks, and any other online offerings (collectively, our “Site”). The Site is provided by Container Hero, the retail window of xChange Solutions GmbH, a Hamburg, Germany-based corporation with its main offices at Am Sandtorkai 73, Hamburg, 20457, Germany (referred to as “Container Hero” or “we” or “us” or “our”).

By accessing or using the Site, you acknowledge and agree to follow and be bound by these Terms.

The sales order acceptance is made and given on the express condition and understanding that the following Terms apply to the sale. Container Hero objects to any additional or different terms and conditions, and Container Hero will not be deemed to have waived these Terms if it fails to object to any provision containing forms or otherwise.

2. Eligibility and Privacy Policy

In order to use our Site, 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 Terms. If not, please exit the Site.

Any personal information that you submit to us is subject to our Privacy Policy. For more information about how we collect and use your personal information, please review our Privacy Policy at: Privacy Policy.

3. Use of Site

You may create an account on the Site in order to enjoy certain additional features and promotions. For any information that you provide, you agree to provide accurate, true, and complete information about yourself, and keep such information up to date.

Container Hero may suspend or terminate your account or access to the Site or any features, if Container Hero has reasonable ground to suspect that the information you have provided is inaccurate, false or outdated.

If you do create an account, you will be required to create a username and password. You are solely responsible for keeping the password and account confidential and any activities that derive from your password and account activities. If you discover unauthorized use or activities or any breach of security you agree to promptly notify Container Hero of such breach and unauthorized activities.

4. Product Information and Availability

Container availability on our Site is not guaranteed. Information on the Site is provided for general information only and may contain errors, typographical errors, inaccuracies, or errors, and omissions relating to pricing, promotions, offers, product descriptions, and stock availability.

To verify the availability of containers, please contact us at: broker@container-hero.com.

5. Indemnification

You undertake to indemnify, defend and hold Container Hero, its partners, agents and employees harmless for special, consequential, indirect or punitive damages, including lost profits and loss of business opportunity arising on or after the sale date.

6. Limitation of Liability

Notwithstanding anything to the contrary, in no event shall Container Hero or any of its parent companies, subsidiaries or affiliates or any of their representatives (“xChange Solutions GmbH”) 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 your use of any of the service or Site or any products or Container delivered to you from Container Hero, its partners or picked up by you, or for any other claim related in any way to your use of the service or Site or Container or any product, 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 product or Container or any content posted, transmitted, or otherwise made available via the service or Site, even if advised of their possibility.

TO THE FULL EXTENT PERMITTED BY LAW, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF CONTAINER HERO OR xCHANGE SOLUTIONS GMBH FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, CONTAINER, INFORMATION OR SERVICE PURCHASED BY YOU FROM CONTAINER HERO, OR IF NO PAYMENT WAS MADE BECAUSE THE CONTAINER OR PRODUCT OR SERVICES WAS/WERE PROVIDED FREE OF CHARGE, THEN USD 1,000.00.

he limitation under this section 12 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 Container Hero and you. As such, the products, Container, information and services offered by Container Hero would not be provided, if it were not for such limitations set forth hereunder.

Some jurisdictions may not allow the disclaimer of certain warranties or limitation or exclusion of liability for certain types of damages. Part of the above limitations or disclaimers may therefore not apply to you. In these circumstances, where we may not, as a matter of law, limit our liability or disclaim warranties, the extent of Container Hero’s liability and the extent and duration of the warranty, will be the minimum as permitted under the law that applies.

7. Limited Warranty

Container Hero and its partners guarantee that the units you are buying are fully functional and are made of the best materials within the market. The warranty time provided by our company depends directly on the type of unit purchased by you.

7.1. Subject to the provisions of this Article 7, Container Hero guarantees that at the time of delivery the containers will have no significant defects, structural deformities, holes or damaged seals that directly compromise the integrity of the container.

7.2. If you invoke the guarantee stated in Section 7.1, Container Hero, in its sole discretion, will offer a refund of the cost of repair of the container(s) or will arrange for a complete replacement of the container(s).

7.3. Cosmetic imperfections such as dings/dents, scratches and rust, are normal for a used container after being used for many years as a shipping container. Any such minor imperfections, which do not impair the structural integrity of the container, do not fall under the guarantee set forth in Section 7.1.

7.4. Upon pickup or delivery of the container(s), you or your representative shall inspect the container(s) and carry out a conformity test. You shall notify Container Hero of anything that directly compromises the structural integrity of the container(s) by e-mail within five business days after delivery. Any such notification shall include photos of the applicable container(s), which clearly identify:

(a) any leakages or damage compromising the structural integrity of each such container;

(b) the container number of each such container; and

If you fail to provide adequate notification in accordance with this Section 7.4, or the photographic documentation provided by you is deemed insufficient by Container Hero, in its sole discretion, the container(s) will be deemed accepted without any defects on pickup or on the fifth business day after delivery. Once the container(s) is/are accepted or deemed accepted, the Buyer can no longer invoke the guarantee set forth in Section 7.1.

7.5. If a return is made under Section 7.1, Container Hero will arrange for the transport of the container(s) from your premises to the container depot if necessary. The transport costs of a return under Section 7.1 will be at Container Hero’s expense.

8. Assignment

You shall not assign this Agreement or any individual offer to sell or accept to any third party without the express, prior written consent of Container Hero, which may be withheld at Container Hero’s sole discretion.

9. Force Majeure

Container Hero 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;

(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 Container Hero’s reasonable control.

Notwithstanding anything to the contrary, if a Force Majeure Event lasts for more than 30 days, Container Hero may terminate your order effective upon written notice to you, and Container Hero will refund the amount paid by you to Container Hero, if any.

10. Miscellaneous

These Terms, together with any applicable Invoice, Release Confirmation or any other documentation issued by Container Hero to you shall constitute the full and complete understanding of the parties hereto.

In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of Container Hero to insist upon strict adherence to any term of 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.

All obligations and liabilities of the parties incurred prior to any termination or expiration of these Terms, and all provisions that by their nature should survive termination, shall survive any termination or expiration of these Terms.

11. Law and Jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with it are governed by English law.
The courts of England have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including a dispute relating to the existence, validity or termination of these Terms or any non-contractual obligation arising out of or in connection with these Terms).

12. Changes

These Terms are subject to occasional revision and change.

Container Hero reserves the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. You are responsible to check this page periodically for changes.

Effective Date: 26th February 2024