Terms and Conditions - website
This website, including any subsite accessible through the home page,
(referred to collectively below as 'the Site') is published and
maintained by GE SeaCo Services. When you access, browse or use the
Site you accept, without limitation or qualification, the terms and
conditions set out below and any additional terms and conditions of use
set out in any subsite.1. Copyright
Copyright or similar rights in all design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on the Site is owned by GE SeaCo Services or their content or technology providers. ALL RIGHTS RESERVED.
Use of the materials on the Site, including reproduction, modification, distribution or republication, without the prior written permission of GE SeaCo Services is expressly prohibited.
2. Trade marks
SeaDeck(tm), SeaCell(tm), SeaCo(tm), SeaTanc(tm), and/or other GE SeaCo Services products and services referenced on the Site are either trade marks or registered trade marks of GE SeaCo Services in the US, UK and/or other countries. Other products, services or company names referred to on this Site may be trade marks of their respective owners.
3. Disclaimers
3.1 General
To the fullest extent permitted at law, GE SeaCo Services is providing the Site on an 'as is' basis and hereby excludes any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for a particular purpose of the Site or any of its contents.
Except as specifically stated on the Site, to the fullest extent permitted at law, GE SeaCo Services will not be liable for any direct, indirect, consequential or incidental damage or loss of any kind (including, without limitation, loss of profits, business interruption, loss of or corruption to business information or data, damage to business equipment or assets), however caused, arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or for any claim by a third party. For the avoidance of doubt, GE SeaCo Services does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of GE SeaCo Services, its affiliates, directors, employees or other representatives.
GE SeaCo Services makes no warranty that the contents of the Site and the server that makes the Site available are free from infection by viruses or anything else which has contaminating or destructive properties.
3.2 Links
The Site may contain links to other Internet sites on the World Wide Web. GE SeaCo Services provides such links for your convenience only, and is not responsible for the content of any site linked to or from the Site. Links from the Site to any other site do not mean that GE SeaCo Services approves of, endorses or recommends that site. GE SeaCo Services disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of the contents of any other site.
4. Data Protection
GE SeaCo Services considers as private any personal information (i.e. information from which you can be identified) supplied by you to GE SeaCo Services while using the Site and will hold it in accordance with applicable Data Protection legislation currently in force. You have the right to request a copy of the personal information that GE SeaCo Services holds about you and to have any inaccuracies corrected. In the event that your personal information is no longer used by GE SeaCo Services for the purposes for which your permission has been obtained, GE SeaCo Services will use commercially reasonable efforts to delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law. Your personal information will be used to provide you with services and for research purposes. In addition GE SeaCo Services may send your personal data outside of the European Economic Area for processing.
GE SeaCo Services may use cookie technology to collect data from the visits a person has made to parts of the Site. Cookies are small pieces of information that are stored in a designated file on your computer. This information allows GE SeaCo Services to know what pages/sites are of interest to users and what pages/sites may be of less interest. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature.
5. Governing Law and General Provisions
The Site and these terms and conditions will be governed by English Law. The English courts will have exclusive jurisdiction over any disputes arising in relation thereto.
If any part of these terms and conditions is found void and unenforceable, it will not affect the validity of the balance of these terms and conditions, which shall remain valid and enforceable.
6. Our address
Containers4You
1st Floor, Rainham House,
Manor Way
Rainham
Essex
RM13 8RH
Tel: 0870 600 1181
Fax: 0870 850 1006
Email: sales@containers4you.co.uk
Copyright (c) 2003 GE SeaCo Services.
All rights reserved
Last revised: March 2003
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Terms and Conditions - Lease Agreement and General Trading Terms
1. Delivery of Containers
C4Y shall use all reasonable efforts to deliver Containers to the Lessee under the terms of the lease.
(I) Upon delivery of each Container, The Lessee shall sign and return C4Y's equipment Interchange receipt. For the purpose of this sub-paragraph the driver of the vehicle instructed by the Lessee to collect the Container shall be deemed to be the Lessee's local agent.
(II) At the time of the delivery of any Container the execution by the lessee or it's agents of an equipment Interchange receipt shall constitute conclusive evidence that the Lessee has inspected the Container and found it (except as noted in the receipt) to be complete, in good working order and condition and in compliance with the Lease. The failure by the Lessee or it's agents to note any damage, defect or deterioration to any Container shall not relieve the Lessee of any obligation or liability under the Lease, including liability for any repairs to the Container or for damage, loss to the container or to the persons or property of others.
2. Rent
Rent shall be due for each Container from and including the first day of the week of delivery to the Lessee up to and including the last day of the week in which the Container is returned to C4Y according to the terms of the Lease including Paragraph 3 hereof. Not with standing the above, if the number of weeks on hire times the weekly rate for any Container is less than the minimum specified in the Lease than specified for that Container will be due and payable.
3. Return of Containers
(I) The Lessee shall return Containers to C4Y in accordance with the terms of the Lease. The Lessee shall give C4Y at least seven days written notice of its intent to return Containers.
(II) At the time of the return of each Container the Lessee shall sign the C4Y's equipment interchange receipt. For the purpose of this sub-paragraph the driver of the vehicle instructed by the Lessee to return the Container shall be deemed to be the Lessee's local agent.
(III) At the time of return of any Container the following terms and conditions shall apply:
(a) The execution of C4Y's equipment interchange receipt shall evidence the condition of the Container at the time of its return.
(b) The Lessee shall continue to pay rent until the Container has been returned to a C4Y depot in the same condition as when received by the Lessee, normal wear excepted, and each Container shall in any event be fully serviceable and in good operating condition. Excessive rusting shall not be deemed normal wear. Without prejudice to the foregoing, and by way only of example, deterioration which would have been prevented by (but not limited to) routine lubrication, spot painting, or other normal repair or maintenance, deterioration affecting security, water-tightness, weatherproof qualities, or mechanical and/or electrical function of integral components, the integrity of design or structure, or regulatory, classification or certification requirements as applicable or affecting the inside or outside dimensions or cubic content of any Container, whether by addition thereto or subtraction therefrom, or deterioration or changes which may threaten the safety of persons or property, shall not constitute normal wear and the Lessee shall therefore be liable.
(c) (I) Any Container returned to C4Y in a damaged or altered condition, normal wear excepted, shall remain on hire until it is restored to a good operating condition which complies to paragraph 3 (III) (b) above and the cost of the damage assessed in accordance with an estimate prepared by the repairer appointed by C4Y shall be paid promptly by the Lessee. C4Y shall inform the Lessee of all such damages and give the Lessee the opportunity to inspect the damage and agree to pay the estimated cost of repairs for Lessee's account. If the Lessee does not, within five working days of the date of notification of the damage inspect the Containers and approve the estimated cost of repairs the such approval shall be deemed to have been given and C4Y shall proceed to restore the Containers to a serviceable and good operating condition and shall invoice the estimated cost of repairs to the Lessee who shall promptly pay all such costs.
(c) (II) C4Y shall in its sole discretion determine whether it is feasible to repair a damaged or altered Container. If the Container is damaged or altered and C4Y determines that it is not feasible to repair the Container or if a Container is destroyed, lost or stolen, the Lessee shall forthwith make full settlement of such loss by submitting to C4Y proof of such loss satisfactory to C4Y and by paying C4Y the replacement value of the Container, as set forth in paragraph "K" of the Lease all in accordance of paragraph 10 (II) below.
4. Payment
Rent and other charges shall be invoiced monthly in advance. Payment for rent and all other charges due to C4Y under the terms of the Lease shall be made in accordance with the payment instructions on C4Y's invoice and settlement. All payments shall be made in accordance with paragraph "C" of the Lease.
5. Acceptance
The Lease shall become effective upon signature by both parties. If however, the Lessee does not return a signed copy of the Lease to C4Y within seven days of receipt, and does not give C4Y written notice of disapproval of the conditions herein and if the Lessee retains any of the Containers in it's possession after a seven day period, than the Lease shall have the same force and effect as if had been signed by the Lessee.
6. Non Return
If any Container is not returned to C4Y in accordance with the provisions for the return after termination of the Lease C4Y may without notice to the Lessee charge a higher daily rate as set out in the Lease and/or, after 30 days notice to the Lessee (or within five working days following any termination pursuant to paragraph 11 hereof) elect to treat such Containers as lost and Lessee shall pay C4Y the replacement value thereof, in accordance with paragraph 10 (II) hereof. In such event Lessee's obligation to pay rent in accordance with the Lease shall continue until the date such replacement value is paid in full.
7. Use and Compliance with Laws
(I) C4Y shall ensure that Containers comply with UK Customs and Excise regulations for use in domestic Containers within the UK.
(II) Lessee shall at it's expense comply with all conventions, laws, regulations and orders of federal, state, and local governments and agencies, including customs law and regulations, which affect the Lease of the Containers or their possession or ownership or transportation, operation, storage, maintenance, loading, unloading or other use, and shall be liable for all duties, fees, charges, liens, encumbrances, fines, penalties, and interest relating thereto or imposed hereon for failure to comply.
Lessee shall comply at its expense with all rules and practices with ports, depots, storage areas and transportation companies not inconsistent with the requirements of such conventions, laws, regulations or orders. No Container shall be used in domestic commerce within any country unless all such customs laws and regulations have been complied with and all application customs duties, tariffs, and other charges have been paid.
8. General Conditions
(I) Except as referred to in paragraph 8 (II) hereof, title to the Container shall remain at all times with C4Y. The Lease is intended to be a true Lease and not as security for the payment or performance of Lessee's obligations. If Lessee observes all of the terms and conditions of the Lease, it shall have quiet possession of the Containers as against any person claiming under or through C4Y. C4Y shall have no other responsibility whatsoever for, or in connection with, any Container after the delivery thereof by C4Y to Lessee until the actual return thereof by Lessee to C4Y. Without limitation upon the foregoing, Lessee hereby assumes responsibility and liability for, and C4Y shall have no responsibility or liability for any and all loss, damage and injury (including personal injury or death, property damage and damage to property in the Containers and all insurance claims including particular and general average) to all persons and property arising out of the operation, transportation, maintenance, storage, loading, unloading or other use or the possession of ownership of any Container. Lessee shall identify and hold harmless C4Y and it's agents from all liabilities, damages, losses, claims, interest, penalties, costs and expenses (including reasonable attorney's fees) arising out of or incident to
(a) any failure by Lessee to comply with the terms of the Lease or any attempt by any party, whether private or governmental, to hold C4Y liable to breach by Lessee or Lessee's obligation under the Lease, or
(b) the operation, transportation, maintenance, storage, loading, unloading, or other use of the possession of any Container, or
(c) any forfeiture, seizure, or impounding of, or charge or lien on, any Container.
(II) Some of the Containers on Lease to the Lessee may be owned by a third party and leased by it to C4Y for subleasing to its customers. All such subleases, including the Lease, are subject to subordinate to any such Lease and in the event that any such Leases terminate at any time for any reason, such third party may be entitled to possession of the Containers subleased to the Lessee.
Notwithstanding the foregoing as long as (a) no default exists under the Lease and (b) Lessee
makes all required payments of rent and other amounts due thereunder to such third party after notice to do so, Lessee shall continue to enjoy quiet possession of the Containers. If the Lessee
does not pay or some other default occurs thereunder the Lessee may be required to deliver the Container to such third party.
9. Insurance
Lessee shall insure and keep insured the Containers with first class insurers, such insurance being endorsed with a Loss Payable Clause in favour of C4Y and said insurance shall provide the following minimum coverage:-
(1) Insurance coverage against all risk of physical loss or damage, in an amount equal to the current replacement costs as indicated in paragraph "J" of the Lease for each and every one of the Containers until re-delivered to C4Y in accordance with the terms of this Agreement.
(2) Insurance coverage against claims made by third party covering accidentally bodily injury and/or property damage including property in the Container for which the Lessee may be held liable (said coverage includes C4Y as an addition insured) up to the amount equal to one million pounds sterling in respect to each and every claim. The Lessee shall provide C4Y with a copy of the policy(s) and endorsement(s) under which the Containers and the aforementioned risks are insured upon signing this agreement, and from time to time as requested from C4Y. In the event of failure of the Lessee to procure maintain or provide evidence of such insurance as specified herein C4Y shall be entitled to effect such insurance on behalf of the Lessee and immediately recover all costs from the Lessee.
10. Maintenance, Damage, Loss and Destruction of Containers
(I) Except as otherwise provided herein, the Lessee at its own expense shall maintain the Container in good condition, repair and working order and make all necessary replacement of components and parts during the term of the Lease using parts and workmanship equal to the original condition of the Containers. Lessee shall be liable for all damage to a loss of any Container is returned to C4Y in serviceable and good operating condition. Such liability shall include but not be limited to damage or loss attributable to war, strikes, riots, civil commotion, expropriation by any government, floods, fire, acts of God or other disasters or emergencies. The Lessee shall make no changes or alterations to the Containers, except with written consent of C4Y, signed by an officer thereof. The colour of, identification marks, plates and C4Y service mark on any of the Containers may not be changed or supplemented in any way without the written approval of C4Y. The Lessee shall keep such marks, plates and colour in good condition and repair throughout the Lease.
The Lease shall:-
(a) ensure that the Containers are not lifted while they contain goods
(b) ensure all such instructions and recommendations in regard to the operation, use and maintenance of the Containers as are contained in manuals and other documents turned over to the Lessee at the time of delivery, or other instructions and recommendations supplied by C4Y thereafter or displayed upon the Containers are strictly observed
(c) ensure all maintenance and repair is carried out by skilled labour under competent supervision
(d) notify C4Y as soon as possible of any accident or breakdown which may necessitate major renovation or repair work.
11. Taxes and Other Charges
(I) Lessee shall pay taxes, fees, penalties and interest and other liens, charges or encumbrances levied on or in connection with or arising out or incident to the operation, transportation, maintenance, storage, loading, unloading or other use of the Containers until return to C4Y including without limitation, withholding, deduction, income (excluding any taxes levied on C4Y’s net income in the country of domicile of C4Y) property, sales, use excise, truck mileage or fuel taxes, customs duties and charges to the effect that if, for any reason whatsoever, the Lessee is unable to make any payment to C4Y without deduction or withholding, it will forthwith pay such addition amount so that net amount received by C4Y will equal the full amount which would have been received had no such deduction or withholding been made.
(II) Lessee shall pay all charges incurred in depots, storage areas or otherwise arising out of the operation, transportation, maintenance, storage, loading or unloading or other use or the possession or ownership of the Containers.
(III) Lessee shall promptly file all required tax returns and obtain prior to use of the Containers any permits, licences and registration required in connection with any such taxes, charges or other matters.
(IV) If CS is assessed for any such taxes, charges or other matters as described in paragraph 11 (I), 11(II), 11(III) hereof it shall have the right, without limitation or prejudice, and without regard to whether Lessee may be exempt from such taxes or other matters, to pay tax, charge or other such matters (including interest and penalties), and such sums shall immediately become due and payable by the Lessee forthwith as additional rent under the Lease.
12. Default
(a) The following shall constitute an Event of Default by Lessee under the Lease: (1) failure by Lessee to pay when due any rent or other charge due thereunder, or (2) failure by Lessee to comply with any term or condition of the Lease and the expiration, without curing such default of a ten day period following written notice to Lessee specifying the nature of the default, or (3) if there shall occur any sale, assignment, subletting or encumbrance of any of the Containers or the Lease or Lessee's rights or interests thereunder in violation of the Lease, or (4) the levying of any distress, execution or other legal process upon the Container, or (5) if Lessee shall become insolvent (meaning unable to pay its debts as they become due) or shall commit or suffer any act of bankruptcy, or (6) upon the filing of any petition or proceeding in or for, or upon the occurrence of any bankruptcy reorganisation, arrangement, assignment for benefit of creditors, appointment of a receiver, liquidator, trustee or similar person of all or any of the Lessee's assets, or entry into any type of liquidation, or the initiation of any other bankruptcy, reorganisation or insolvency proceeding of any jurisdiction, whether compulsory or voluntary, by or against Lessee or if Lessee shall be subject of any proceeding under any bankruptcy statue, reorganisation or insolvency law or similar law for the relief of debtors, or (7) the seizure, nationalisation, condemnation or appropriation, or other taking of custody or control, of any of the Containers by a Government, governmental instrumentality or court.
(b) If any Event of Default shall occur, then C4Y may, upon written notice to the Lessee, taking immediate effect, terminate the Lease as to any of all of the Containers. Upon such termination, Lessee shall forthwith, as it's own expense, return the Containers to C4Y at the place specified by C4Y in the Lease all in accordance with the terms of the Lease, or at C4Y's option, make the Containers available for collection by C4Y, in which event the cost to C4Y of transporting the Containers to the said place or places shall be paid by the Lessee. In addition, the Lessee shall thereupon immediately comply with all of the provisions of the Lease regarding the return of Container and expiration of the term of the Lease, including the obligations to pay rent at the prescribed rate and other charges due thereafter until the actual return of the Containers and the completion of repairs. Lessee shall also be obliged to pay C4Y a dislocation charge of £100 per 20ft Container and £250 per 40ft Container to compensate C4Y for lost rental and administrative expense arising from the default. Lessee shall upon request furnish to C4Y on a continuing basis such information as C4Y may request as to the movement and location of any Container, C4Y shall also have the right, without any further written notice to Lessee, to repossess the Containers at the expense of the Lessee, whether loaded or empty, and for such purpose to detain the Lessee's transport until the Containers are returned to C4Y and to enter upon any premises in which the Container may be kept, and C4Y may exercise any other remedies available to it, with or without judicial process or notice, including without limitation replevin, injunction, summary judgement, self-help repossession, and any other provincial remedy or summary action or proceeding designed to obtain possession of or protect the Container and Lessee hereby waives any right to any advance notice or hearing prior to C4Y's exercise of such remedies.
(c) The rights and remedies of C4Y set forth in this paragraph 12 or available under law may, at the sole discretion of C4Y, be exercised separately or together or in any order.
No remedy herein provided by C4Y is intended to be exclusive of any other remedy herein or by law provided, and shall be cumulative and in addition to any other remedies available to C4Y. In any event, Lessee shall pay all repossession costs incurred by C4Y (including attorney's fees), repair costs, rent as provided in the Lease and C4Y's dislocation charges.
13. Force Majeure
C4Y shall not be liable to the Lessee or any other person for any failure or delay in the performance of any obligation under the Lease due to events beyond it’s reasonable control, including but not limited to, fire, storm, flood, earthquake, explosion, accidents, acts of the public enemy, sabotage, riots or civil disorders, strikes, lockouts, labour disputes, labour shortages, work stoppages, transportation embargoes or delays, failure or shortages of materials, suppliers, or equipment, failure of suppliers or prior lessees to deliver as requested, acts of God, acts of regulations or priorities of any government or it's branches or agencies.
14. Services of Process
Any writs or other originating process in respect of any action, suit or proceeding shall be deemed duly served if sent by registered post to the Lessee at the Lessee's address as set forth in the first paragraph of the Lease or as designated pursuant to paragraph 15 hereof and any such notice shall be deemed to have been served five days after posting the same and in providing such service it shall be sufficient to prove that an envelope containing the writ or other process was properly addressed, stamped and posted.
15. Notices
Every notice required or permitted to be given by either party shall be given by fax or e-mail or in person to the other party at it's respective address as set forth in the first paragraph of the Lease or as a party may hereinafter from time to time designate in written notice to the other party, given as herein required. Notice may also be given by or to C4Y in the manner aforesaid by or to GE SeaCo Services Limited , 2nd floor, 21 St Thomas Street London, SE1 9RY, England, or at such other address as C4Y may designate pursuant to the above. Notice by mail shall be deemed to be given five days after deposit in the government post office box. Notice by telex or telegraph or in person shall be deemed to be given on the date it is sent or made.
16. Assignment
C4Y may grant a security interest in the Lease or the Containers and may assign all or any part of its rights, title, or interest in the Lease or the Containers, including all or any portion of the rent due or to become due. The Lessee shall not sell, assign, sublease, hypothecate, mortgage or otherwise encumber, nor shall permit any of the foregoing to occur with respect to any of the Containers or the Lease or any or it's rights or interest under the Lease, by operation of law or otherwise, without the prior written consent of C4Y in each instance which C4Y shall have the right to refuse without giving any reason or grant on such terms and conditions as it may in it’s absolute discretion determine but it shall in any event be a condition of such consent that any successor, assignee or sub-lessee shall be subject to all provisions of the Lease. The giving by C4Y of such consent, or any sale, assignment, sublease, hypothecation, mortgage or encumbrance effected by the Lessee pursuant to such consent shall not release the Lessee of any of its liabilities or obligations to perform under the terms of the Lease. Any such consent obtained once shall not be deemed to be continuing for the future. If C4Y shall consent to any assignment of the Lease or the Lessee's rights and leasehold estate under the Lease with respect to any Container, no such assignment may in any event be effected unless the assignee expressly assumes and agrees to be bound by all of the provisions of the Lease with respect to the Container covered by such assignment. Any sale, assignment, sublease, hypothecation, mortgage or other encumbrances effected in violation of this paragraph 16 shall be void.
17. Severability
If any of the provisions of the Lease shall be declared invalid or unenforceable all other provisions shall remain in full force and effect.
18. Binding Effect
The Lease shall be binding upon the parties and their respective heirs, legal representatives, successors and assigns, but the Lessee shall not assign or encumber the Lease in whole or in part or grant any sublease of all or any of the Containers without the prior written consent of C4Y in accordance with the provisions of paragraph 20 hereof.
19. No Set Off's
The Lessee hereby waives any and all existing set off's counter claims against any rent or other payments due under the Lease and agrees to pay the rent and other amounts due under the Lease regardless of any claims.
20. No Waiver
No waiver of any of the provisions of or consent by C4Y with respect to the Lease shall be binding upon C4Y unless it is in writing, signed by an officer thereof, a waiver in one instance shall not be deemed to be a continuing waiver or consent for the future.
21. Miscellaneous
(I) The provisions of the Lease and its terms relating specifically to the Lease constitute the entire Agreement between the parties and cannot be changed or terminated orally.
(II) The captions of the paragraphs in any of the above Documents are for the reference and the convenience of the parties only, and do not define, limit or enlarge the meaning or scope of any said paragraphs
(III) All Containers are leased as is, and C4Y warrants only that they correspond with the descriptions set out in the Lease (or in any further such agreements which may hereafter adopt these conditions), and that the Lessee shall have quiet possession as against any person any person claiming under or through C4Y. Save as aforesaid, no condition or warranty whatsoever of any kind has been or is given by C4Y in relation to the Containers or any item thereof, and all conditions and warranties in relation thereto whether express or implied, whether statutory, collateral hereto or otherwise, whether in relation to the fitness of the Containers or any particular purpose, or to compliance with any convention, statue, regulation, order or provision of law or standard, or whether in relation to merchantability or as description, state, quality, or condition of the Containers or any item thereof at delivery or at any time are hereby excluded and extinguished.
22. Jurisdiction
Unless otherwise specified herein the Lease shall be governed by the Laws of England as to all matters including but not limited to, validity, construction and performance. C4Y and Lessee hereby irrevocably submit themselves and their respective successors, sub-lessee and assigns to the non-exclusive jurisdiction of the Courts of England for the purpose of any action, suit or other proceeding arising out of, or relating to the Lease of any Containers.
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