Terms & Conditions

These terms and conditions (“Terms and Conditions”) apply to you (“Buyer”) and any sales form for goods provided to you by Cascade Container L.L.C. (“Seller”) submitted to this website that includes a link to these Terms and Conditions. The Terms and Conditions constitute the terms and conditions of a commercial transaction (“Agreement”).

1. SALE OF GOODS. Buyer shall purchase from Seller and Seller shall sell to Buyer one or more containers from its inventory as set forth herein (the “Goods”).

2. DELIVERY. 2.1. Seller will deliver the Goods to the Delivery Point using Seller’s standard methods for shipping such Goods. Buyer shall ensure that the Delivery Point is level. If Buyer fails to (A) accept delivery of the Goods within the Inspection Period; or (B) fails to provide appropriate delivery instructions, documents, licenses, or any other authorizations required for Seller to make delivery, or (C) fails to ensure that Seller’s delivery truck can access the Delivery Point, or (D) fails to notify Seller of obstacles or hazards at the Delivery Point such as septic tanks, power lines, outdoor lights, or caves, the (i) risk of loss to the Goods will pass to the Buyer, (ii) the Goods will be deemed to have been accepted, and (iii) Seller may store the Goods until Buyer picks them up, whereupon Buyer will be liable for all related costs and expenses. Seller may charge Buyer up to $150 per hour for any delays caused by Buyer during the delivery. EXCEPT AS OTHERWISE PROVIDED HEREIN, SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL DAMAGES ARISING FROM ANY DELAYS, LOSS, OR DAMAGE TO THE GOODS. 2.2. Non-Delivery of Goods. The quantity of any installment of Goods as recorded by Seller on dispatch from Seller’s place of business is conclusive evidence of the identity and quantity of Goods received by Buyer unless can provide conclusive evidence proving the contrary. SELLER SHALL NOT BE LIABLE FOR ANY NON-DELIVERY OF GOODS (EVEN IF CAUSED BY SELLER’S NEGLIGENCE) UNLESS BUYER GIVES WRITTEN NOTICE TO SELLER WITHIN FIVE (5) DAYS OF WHEN THE GOODS WOULD IN THE ORDINARY COURSE OF EVENTS HAVE BEEN RECEIVED. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS AGREEMENT, ANY LIABILITY OF SELLER FOR NON-DELIVERY OF THE GOODS IS LIMITED TO DELIVERING THE GOODS WITHIN A REASONABLE TIME OR ADJUSTING THE INVOICE RESPECTING THE SALE OF SUCH GOODS TO REFLECT THE ACTUAL QUANTITY DELIVERED. 2.3. Title and Risk of Loss. Title and risk of loss passes to Buyer upon delivery of Goods at the Delivery Point. As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants Seller a lien on and security interest to all of the rights, title and interest of Buyer to the Goods and in all accessions thereto and replacements or modifications thereof, as well as all proceeds of the foregoing. The security interest granted under this provision constitutes a purchase money security interest (“PMSI”) pursuant to Oregon Revised Statutes (ORS) 79.0103.

3. INSPECTION AND REJECTION OF NONCONFORMING GOODS. 3.1. Inspection Period. Buyer may inspect the goods within three (3) days of Seller’s delivery of the Goods to the Delivery Point (the “Inspection Period.”) Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing during the Inspection Period agrees to furnish such written evidence or other documentation of nonconformity as reasonably required by Seller. Notwithstanding any provision to the contrary in this Agreement, Nonconforming Goods” means only the following: (i) goods shipped are different that those identified in this Agreement; or (ii) the goods inventory number or other unique identifier incorrectly identifies the Goods. 3.2. Replacement or Credit for Nonconforming Goods. If Buyer timely notifies Seller of Nonconforming Goods, Seller may, in their sole discretion, (i) replace such Nonconforming Goods with conforming goods, or (ii) credit or refund the Price for such Nonconforming Goods at the pro rata contract rate and any charges or costs reasonably incurred to hold the non-conforming goods. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to a Seller holding location as directed by the Seller in writing. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer, at Seller’s expense and risk of loss, the replaced Goods to the Delivery Point. 3.3. EXCLUSIVE REMEDY. BUYER ACKNOWLEDGES AND AGREES THAT THE REMEDIES SET FOR UNDER SECTION 3.2 ARE BUYER’S EXCLUSIVE REMEDIES FOR THE DELIVERY OF NONCONFORMING GOODS. Except as provided under Section 3 generally, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

4. PRICE AND PAYMENT. 4.1. Price and Other Charges. Buyer shall purchase the Goods from Seller at the Price (as described herein) plus any additional pick up, delivery, set, special handling, or other charges as described to herein. 4.2. Payment Terms. Buyer shall pay all invoiced amounts due to Seller on receipt of Seller’s invoice. Buyer shall make all payments hereunder by wire transfer, ACH transfer, check, or credit card and in US dollars. Buyer agrees that Seller may include in this Agreement any additional payment processing fees as applicable as an “Other Charge” as described herein. 4.3. Underpayment. If Buyer pays less than the amount invoiced as provided in Section 4.2, the difference between the underpayment by Buyer and the amount invoiced “the Overdue Balance” shall begin to collect interest, payable to Seller from Buyer, after five (5) business days of receiving written notice from Seller of the underpayment. Buyer shall pay interest on the Overdue Balance at the lesser of 1.5% interest per month or the highest rate permissible under applicable law: calculated daily and compounded monthly. Moreover, Buyer shall reimburse Seller for all costs incurred in collecting any Overdue Balance, including, without limitation, attorneys’ fees. 4.4. Chargebacks. Chargebacks (i.e., bank-initiated transaction reversals that withdraw funds from the Seller’s merchant account and return them to the cardholder) are subject to a $250 penalty added onto the amount due. 4.5. No Setoff. Buyer shall not, and acknowledges that it will have no right under this Agreement or any other agreement, document, or law, to withhold, offset, recoup, or debit any amounts owed (or to become due and owing) to Seller or any of its affiliates, whether under this Agreement or otherwise, against any other amount owed (or to become due and owing) to it by Seller or its affiliates, whether relating to Seller’s or its affiliates’ breach or non-performance of this Agreement or any other agreement between Buyer or any of its affiliates, and Seller or any of its affiliates, or otherwise.

5. WARRANTIES. 5.1. Goods Are Sold “As Is.” BUYER HEREBY ACKNOWLEDGES THAT THE GOODS SOLD UNDER THIS AGREEMENT ARE SOLD “AS IS” AND THAT SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING: (I) ANY WARRANTY OF MERCHANTABILITY; (II) ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTY OF TITLE; OR (III) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OR PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 5.2. Third-Party Product Warranties. Products manufactured by a third party (“Third Party Product”) may constitute, be contained in, incorporated into, attached to, or packaged together with the Goods. Any Third Party Product warranties related to the Goods that are extended to the Seller shall extend to the Buyer. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ANY THIRD PARTY PRODUCT, INCLUDING: (i) ANY WARRANTY OF MERCHANTABILITY; (ii) ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL RIGHTS OF A THIRD PARTY, WHEHTER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OR PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

6. LIMITATION OF LIABILITY. 6.1. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF: (i) WHETHER SUCH DAMAGES WERE FORESEEABLE; (ii) WHETHER OR NOT SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED; AND (iv) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. 6.2. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS CONTRACT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED ONE TIMES THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS SOLD HEREUNDER.

7. COMPLIANCE WITH LAW; INDEMNIFICATION. 7.1. Compliance with Law. Buyer represents to be, solely as of the Effective Date of this Agreement, in continuing compliance with all applicable laws, regulations, and ordinances. Moreover, Buyer represents, solely as of the Effective Date, to have, and will maintain, in effect all the licenses, permissions, authorizations, consents, and permits necessary to carry out its obligations under this Agreement. 7.2. Indemnification. Each party shall indemnify, defend, and hold harmless the other party and its officers, directors, managers, shareholders, members, partners, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kinds, including reasonable attorney’s fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the costs of pursuing any insurance providers, incurred by Indemnified Party relating to or arising from any claim of a third party or Seller arising out of or occurring in connection with the Goods purchased from Seller, the Buyer’s negligence or willful misconduct, or a breach of this Agreement. Buyer shall not enter into any settlement without Seller’s or Indemnified Party’s express and prior written consent.

8. MISCELLANEOUS. 8.1. Termination. In additional to any remedies that may be provided in this Agreement, Seller may in their sole discretion terminate this Agreement with immediate effect upon written notice to Buyer if Buyer: (A) makes an underpayment as described in Section 4.3; (B) has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part; or (C) becomes insolvent, files a petition for Bankruptcy, or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors. 8.2. Entire Agreement. This Agreement, including and together with any related exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, regarding such subject matter. 8.3. Survival. Subject to this Agreement: (A) the representations and warranties of the Parties contained herein shall survive the expiration or earlier termination of this Agreement; and (B) Sections 5, 6, and 7 of this Agreement, as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination, shall survive the expiration or earlier termination of this Agreement. 8.4. Notices. All notices, other communications under this Agreement must be in writing and addressed to the other Party at its address set forth here, including written notice that may be delivered electronically, such as email, short message service (SMS), multimedia messaging service (MMS), iMessage, or other electronic messaging platform. 8.5. Counterparts; Electronic Signature; Facsimile Delivery. This Agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which together will constitute one in the same Agreement. Any signature, (including any electronic symbol or process attached to this Agreement) with the intent to sign, authenticate, or accept such contract or record) shall have the same validity and enforceability as a manually executed signature. 8.6. Force Majeure. Any delay or failure of Seller to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond Seller’s control, without Seller’s fault or negligence, and that by its nature could not have been foreseen by Seller, or, if it could have been foreseen, was unavoidable (including natural disasters, epidemics, embargoes, explosions, riots, wars, acts of terrorism, strikers, labor stoppages or slowdowns or other industrial disturbances, and shortage of adequate power or transportation facilities. 8.7. Relationship of the Parties. The Parties are each independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, franchise, business opportunity, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the Parties. 8.8. Choice of Law; Venue; Dispute Resolution. Any disputes arising out of this agreement will be governed by the laws of the State of Oregon, without regard to its conflict of laws rules or the United Nations Convention on the International Sales of Goods. The Parties agree to first attempt to settle amicably any controversy or claim arising out of this Agreement. If the Parties are unable to settle amicably any controversy or claim then both Parties agree that all disputes between them relating to this Agreement will be submitted to final and binding arbitration before a single neutral arbitrator in Deschutes County Oregon, unless the Parties mutually agree otherwise in writing. 8.9. SMS and Email Consent. By submitting a sales form and providing a mobile number and/or email address, you consent to receive marketing and conversational text messages (e.g., promos, cart reminders, delivery messages) from Seller at the number and/or email address provided, including messages sent by autodialer. Message and data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP.