TERMS OF BUSINESS

Our Rights

  • We reserve the right to amend this contract/these terms without prior notice.

  • From time to time Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd may send you offers and news by e-mail or post, if you would rather not receive these updates please contact a representative from Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd in writing to advise your wishes stating your full name, company name, address and e-mail address.  Please be assured that your details will not be passed to any 3rd parties and we do comply with anti-spam laws.

  • The prices quoted by Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd are valid for 7 days; discounted prices are valid for 24 hours unless otherwise agreed in writing by Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd.  No equipment is reserved and all equipment remains the property of Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd until delivered to, paid for and signed for by the customer.

  • Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd shall not under any circumstances be liable for any direct, indirect or consequential loss of (but not limited to) profit, market or delay consequences, howsoever caused.

  • These conditions and the conditions of the customer order confirmation will always prevail over any other conditions including a customer’s own conditions of supply.  No other conditions other than these conditions and the conditions of the customer order confirmation will be considered to be accepted by Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd unless expressly agreed in writing by a directors of Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd.

  • Any images provided are, unless otherwise specified, indicative of the series type of a container held on file, they are not of the specific container being delivered and terms relating to condition should be noted at all time.

  • If Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd or any of Clarkes Cabin Transport Ltd’s/Clarkes Solutions Ltd’s employees offer advice in the form of designs, drawings, specifications or verbal advice it is provided strictly on the basis that it is for guidance only, and without any responsibility being accepted. The onus is on the Customer to verify the accuracy and appropriateness of any such advice and to accept or reject the advice accordingly, no legal liability shall attach to Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd. or Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd.’s employees and the Customer will indemnify Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd. from any claims by any person whatsoever for injury to person or loss or damage to property including all costs associated therewith howsoever caused. 

 

Customers Responsibility

  • It is the Customer’s responsibility to ensure that the ground that the container(s) is/are being delivered on is flat, hard standing and of suitable material. It Is the Customer’s responsibility to provide a suitable base for siting the container(s).

  • The detail provided on the customer order confirmation and signed for by the customer prior to delivery is a full and comprehensive detail of the customer order as Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd understands it.  It is the customers responsibility to ensure that the customer order confirmation document includes all items ordered to the specification and detail ordered, described and required; failure to do so may result in inaccurate equipment being delivered for which Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd accept no responsibility.

  • In the event where a Customer identifies a defect or is dissatisfied with a product/s or service/s supplied by Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd or its partners, the Customer must report their dissatisfaction immediately in writing to Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd in order for Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd to rectify and resolve any defect or dissatisfaction. Failure to do so Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd will not be liable for any consequential loss as a result. (All complaints must be emailed to info@clarkes.solutions) 

Transport & Delivery

  • Our transport and delivery quotation is based on the information provided by you, it is the customer’s responsibility to ensure the information on the Customer Order Confirmation is accurate so as to avoid delivery and product issues, if this information is not accurate, you must advise Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd of any amendments in writing.  If, at any time these details change or if important information has not been included, we reserve the right to amend our charges accordingly with any further charges being invoiced following the delivery and will be paid by the customer in full on receipt of invoice.

  • If a delivery is aborted for any reason we will be charged by the haulier for the original delivery and the return of the container back to depot, if the site is not accessible or the customer has omitted any information or not provided sufficient information in writing to Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd which results in a delivery abort, we have no choice but to pass on these charges along with any related charges (e.g. gate in fees, depot charges, etc…) to the customer.  

  • The aborted transportation charge will be the amount Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd have been charged by their contracted haulier, not the amount on the customer quotation or the customer order regardless of any discounts or special transportation rates initially offered to the customer.  A copy of the original transport order to the contracted haulier can be provided upon request.  

  • It is the Customer’s responsibility to ensure that the ground that the (s) is/are being delivered on is flat and hard standing. Land with an incline can cause issues in opening container doors and can cause the container to rack.  Our haulage contractors will not be held accountable, whether a site visit has been completed or not, for any issues relating to un-even ground.

  • In the event of a vehicle incurring damage during a delivery i.e. hitting a gate post due to insufficient or tight access, neither we, nor the haulage contractor, will accept responsibility for any damage caused to property belonging to you or a third party.  The customer is liable to meet any costs incurred through the damage of the vehicle.

  • Should the delivery need to be cancelled, a minimum of 48 hours’ notice (working days; Saturdays and Sundays are not working days) is required, prior to 8am.  We reserve the right to charge the delivery cost and vehicle return cost, plus any further costs incurred by Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd, in the event of insufficient cancellation notice or failure to fulfil this contract.

  • Unless otherwise specified by the customer in writing, and accepted by Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd in writing, the delivery includes a basic off-load of the container(s) parallel with and immediately next to the site of the vehicle between 7am-8pm, Monday to Friday.  The delivery charge includes 30 minutes on site, extra time on site is charged at £49 + VAT per hour, chargeable in hourly units i.e. 15 minutes will be charged at £49 + VAT etc.  The delivery vehicle will require adequate turning space to deliver and position the container.  Whilst estimated time of arrivals are provided, delays are sometimes caused by but no limited to, depot delay’s, traffic delays, weather etc. due to this no exact time can be given for deliveries, all delivery times are a best endeavour and Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd take no responsibility for any delays course by such circumstances, the only way a guaranteed delivery time can be given is by booking the vehicle for the whole day.

  • The transport quotation does not include the possibility of the container being lifted over obstacles, the vehicle driving over grass or mud or any other non-standard off-load.   If there is any variance to the standard off-load the customer will be invoiced accordingly following delivery and will be paid by the customer in full on receipt of invoice.

  • The container, regardless of size may be delivered on a vehicle up to 68ft in length and in excess of 10ft wide - by placing an order with Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd, unless advised and agreed otherwise, you confirm that your delivery site has sufficient access for a vehicle this size.

  • Any delivery time or date is an estimate only and Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd will not be liable for any consequential loss arising as a result of late delivery.

  • Any unforeseen issues encountered during delivery Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd will not be liable for any consequential loss as a result. Such examples are as follows, but not limited to: Equipment failure or limitations, Adverse weather or force majeure, traffic/delays or breakdowns and/or inability to access site.

 

Orders & Payment

  • By placing an order with Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd the customer agrees in full to both container sale and delivery terms.

  • A minimum of 60% deposit is required upon order and full balance is due on completion of build. Minimum deposit is applicable for agreed finance applications.

  • Full payment is required to generate a release reference to allowing the collection/delivery of your purchase.

  • The term ‘new container’ is used to describe a container that has been transported, by sea, containing cargo on one occasion; this can also be described as a ‘one way tripper’.  Due to the nature of this equipment, ‘new’ containers may have bangs, scrapes, rust, corrugation damage and paint damage.

  • The term ‘used container’ is used to describe a container that has been transported on at least one occasion, by sea, containing cargo, a ‘used container’ may have also been used for storage, road transport or a variety of other reasons.  Due to the nature of this equipment, ‘used’ containers may have bangs, scrapes, rust, corrugation damage and paint damage.

  • An A Grade container is a good quality used container, a B Grade container is a budget container which may require some repairs.  A container is only suitable for shipping if a CSC Plate is included on the customer order confirmation.

  • Accessories ordered may be delivered with the container or may be delivered separately to your premises, we will provide you with this information as quickly as possible, and it is your responsibility to be available to receive these items when you have been advised of a delivery date.

  • Unless otherwise outlined, all conversions work, including painting, will be carried out to what Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd consider ‘industry standard’.  Any images supplied of accessories offered are indicative only and may reflect a bespoke order, It is therefore the customer’s responsibility to advise Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd of any bespoke specification of container works prior to order, if a specification of any accessory (for example but not limited to: shelving, lighting, heating, painting , locks, lockboxes) Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd will provide the next available option, if a bespoke specification is required by the customer this must be detailed on the Customer Order Confirmation to guarantee receipt of this item type.  All conversion works are payable upfront and non-refundable due to the bespoke nature of the works.  If a container is being painted, decals and stickers will not be removed unless expressly requested in writing and accepted by Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd in writing and quoted for accordingly.

  • Modifications to shipping containers may/will invalidate the CSC plate depending on the level of modification. Following modification, the CSC plate will be removed. No testing for shipping, load bearing, lifting or safe working loads will take place unless expressly detailed at quote stage.

  • Cut down or custom built containers (anything other than 20ft & 40ft long) are not a standard ISO container and therefore will not carry a CSC plate. If testing for shipping, load bearing, lifting or safe working loads are required, this should be expressly detailed at quote stage. 

  • Grafo-therm treatment is applied to the roof only unless otherwise clearly stated on the signed customer order confirmation. 

  • Please be advised that we do not supply a lockbox and lock unless otherwise stated in the customer confirmation.

  • Retention of Title – Regardless of credit terms offered, until all outstanding invoices relating to equipment purchased has been paid for in full and payment has been cleared, Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd retain the title of the equipment sold, until payment has been cleared in full and written confirmation from Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd has been provided, the equipment cannot be submitted as assets or capital to administrators, liquidators or creditors should the customer enter into forced or voluntary liquidation or administration or be liable for any debts to creditors.

  • Accommodation units (e.g. offices, canteens, toilets, drying rooms, etc...) have not been electrically tested prior to leaving our depot unless specified on the customer order confirmation.  “As-Is” equipment has not been re-furbished in any way and is sold as seen unless specified on the customer order confirmation.  This equipment does not carry any guarantees.  “Used” equipment does not carry any guarantees either and is sold in quality used condition.  All accommodation equipment have individual specifications which vary between units, specific units are only supplied as detailed in the customer order confirmation.  If a specific unit has been quoted on, this must be detailed in the customer order confirmation, otherwise, the container will be supplied on a “next in stack” basis, this also applies to the supply of containers.

 

  • By placing an order with Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd, verbally, in writing or by making payment, you agree to these terms and conditions.

  • The customer understands and hereby acknowledges that all equipment is sold on a strict “as Is” basis, Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd make no warranties or representations whatsoever expressed or implied as regards to the fitness of the equipment for any particular purpose or use in any particular environment or country.

  • Equipment is delivered to the customer or made available for collection when the Company makes them available at which point risk of the equipment passes to the customer. 

  • If a customer is paying for their order via international payment, the customer is liable for both parties bank charges and must select ‘remitter to pay all charges’ at the time of making payment.  Should Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd. be charges by their bank, an invoice will automatically be generated for £20 + VAT which is payable immediately. 

  • The person signing or agreeing to the Terms and Conditions of Sale and Customer Order Confirmation warrants that he/she has the authority of the Customer to make the contract on the Customer’s behalf. Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd. shall be entitled to treat the Customer as contractually bound by these terms and conditions. 

  • These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

  • In the case of converted or containers modified in any way, any cost incurred by Clarkes Cabin Transport Ltd/Clarkes Solutions Ltd in the preparation of your order will be paid by yourselves should your order be cancelled, even with 48 hours’ notice. This includes movement of containers from depot to depot, modifications, paintwork and any other costs.

Guarantee

  • All our storage containers come with a 12-month wind and water tight guarantee. We are so confident in the quality of our storage containers at the time of sale that we say if for any reason the container naturally wears a hole we will come and repair the container for you.

Returns & Refunds

If we supply you with a container that is not as described, we will repair up to spec or replace the container at our cost. We do reserve the right in extreme circumstances to offer a full refund.

If we supply a container that is supplied as described and that has not been modified, we accept a return at full value minus any costs we incur as a result of the return.

 

If we supply a container that is as described and specified and that has been modified, any return will be dependent on our ability to return the container back to its original state, or to find a buyer for it.

If you have ordered a customised or refurbished to order unit, and it is supplied as described we will work to refund you money as above. However, you may have to wait for us to re-sell the container before we can offer a refund and this will still be minus any costs incurred with the return (e.g. any additional haulage costs associated with the return and the original delivery costs).

If collecting your own storage container from one of our depots you driver is invited to inspect the container at the time of collection. Collection of the container indicates acceptance of the container in its current condition. Where possible we will make reasonable allowances

If we deliver the container we ask that you check the container whist the delivery driver is still on site – and report any problems to us immediately. Some common issues can easily be resolved by our delivery driver.

Unless due to a defect or fault in the Goods provided by the Supplier to the Customer, the return of any Goods will only be accepted by the Supplier if :

 

  • the Goods are unused, unopened and in a condition which is consider at the sole discretion of the Supplier to be a condition with is fit for re-sale; and

  • the supplier is unable to repair the defect in the first instance

  • a goods return note (which can be provided by the Supplier at the request of the Customer) is included.

  • Any refunds provided will be at the sole discretion of the Supplier. If any component of the Goods needs to be replaced following receipt of the returned Goods by the Supplier because it has been used or is missing, the Supplier reserves the right to deduct any such costs in replacing such components from any refund they may provide.

  • The Supplier shall accept no liability for any Goods that are to be returned by the Customer and shall not consider any refunds in respect of the same unless:

  • the Supplier has agreed to collect the Goods from the Supplier; or

  • such Goods physically arrive back into the possession of the Supplier.

  • The Supplier reserves the right to charge a handling and restocking fee in respect of any Goods which are returned, or in respect of any refunds that are to be provided, which shall be no more than 20% of the value of any such Goods.

Oak House

Watling Street Business Park

Cannock, WS11 9XG

Clarkes Solutions Ltd

Clarkes Cabin Transport Ltd

Terms & Conditions Information

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