CLARKE’S SOLUTIONS LTD

TERMS OF BUSINESS

Last updated: September 2026

1. ABOUT US

1.1 These Terms of Business (“Terms”) apply to the supply of goods and services by Clarkes Solutions Ltd, including where we trade under the name Clarkes Cabin Transport or any other trading style notified to the Customer (“we”, “us”, “our” or “Supplier”).

1.2 Our registered/company details and contact details are displayed on our website and relevant quotations, order confirmations and invoices.

1.3 These Terms apply to sales to both Business Customers and Consumers. Certain provisions apply specifically to Business Customers or Consumers and are clearly identified.

1.4 If you are an individual acting wholly or mainly outside your trade, business, craft or profession, you are a Consumer.

1.5 If you are purchasing wholly or mainly for purposes relating to your trade, business, craft or profession, or are purchasing on behalf of a company, partnership or other business organisation, you are a Business Customer.

1.6 Where the Customer is a Consumer, the Consumer provisions of these Terms take priority over any inconsistent provision elsewhere in these Terms. Nothing in these Terms excludes, restricts or otherwise affects a Consumer’s statutory rights.

2. APPLICATION OF THESE TERMS

2.1 These Terms apply to quotations, orders and contracts for the sale, supply, conversion, modification, refurbishment, collection and/or delivery of containers, cabins, accommodation units, equipment, accessories and associated goods or services supplied by us.

2.2 The Terms applicable to an Order are those provided or made available to the Customer when the Order is accepted.

2.3 We may update these Terms from time to time. Any update will apply to future Orders and will not retrospectively alter an existing Contract unless agreed between us or required by law.

2.4 The Customer should read these Terms before accepting a quotation, placing an Order or making payment.

2.5 By accepting a quotation, approving an Order Confirmation, instructing us to proceed, or making payment after these Terms have been provided or made available, the Customer confirms acceptance of these Terms.

2.6 Business Customers only: These Terms and our written quotation/Order Confirmation constitute the agreement between the parties unless otherwise expressly agreed in writing by an authorised representative of Clarkes Solutions Ltd.

3. QUOTATIONS AND ORDERS

3.1 Unless stated otherwise, quotations are valid for 7 days from the date of issue. Promotional, discounted or specially negotiated quotations may have a shorter validity period where stated.

3.2 A quotation does not reserve a particular container or item unless expressly confirmed by us in writing.

3.3 An Order becomes binding when we accept the Customer’s Order, confirm that we will proceed, accept payment where payment constitutes acceptance, or commence work at the Customer’s request, whichever is appropriate to the circumstances.

3.4 The Customer is responsible for checking the quotation and Order Confirmation carefully before proceeding.

3.5 The Customer must notify us promptly of any errors, omissions or required changes.

3.6 Changes requested after an Order has been accepted may result in additional charges and/or changes to the anticipated completion or delivery date.

3.7 We are not required to accept a requested change once manufacture, modification, conversion, refurbishment, painting, procurement or other work has commenced.

4. CUSTOMER SPECIFICATIONS AND INFORMATION

4.1 We will supply goods and services in accordance with the specification agreed in the quotation, Order Confirmation or other written agreement between us and the Customer.

4.2 The Customer is responsible for ensuring that information and specifications supplied to us are complete and accurate.

4.3 Where the Customer requires a particular specification, finish, component, accessory, position, dimension, colour, layout or other requirement, this should be agreed in writing before the Order is placed.

4.4 Unless expressly agreed otherwise, drawings, sketches, dimensions, visualisations, photographs and other information provided during discussions may be illustrative or approximate.

4.5 Advice provided by us will be given with reasonable care and skill where legally required. However, unless expressly agreed as part of our contracted services, the Customer remains responsible for determining whether the goods and proposed specification are appropriate for the Customer’s intended site and requirements.

4.6 Nothing in this section limits any rights a Consumer may have where the Customer has made a particular purpose known to us and has reasonably relied upon our skill or judgement.

5. CONTAINER DESCRIPTIONS AND CONDITION

5.1 Shipping containers are industrial transport equipment. Their cosmetic condition must be considered accordingly.

5.2 A “new”, “one-trip” or “one-way” container generally means a container which has made a loaded journey from its place of manufacture. It should not be understood to mean factory-fresh or cosmetically perfect.

5.3 One-trip containers may therefore exhibit marks associated with manufacture, handling and transportation, including minor dents, scratches, scuffs, surface corrosion, paint variations and other cosmetic imperfections.

5.4 A “used container” has previously been used for shipping, transport, storage or other purposes and should be expected to show signs of use.

5.5 Used containers may exhibit dents, scratches, patches, repairs, surface corrosion, paint deterioration, previous markings, floor wear and other age or usage-related cosmetic imperfections consistent with their description, age and grade.

5.6 Any grade or condition description forms part of the overall description of the unit and should be read together with the quotation and Order Confirmation.

5.7 Unless a specific container is expressly identified by container number or otherwise agreed, photographs may be representative examples of the type, grade or condition of container being offered rather than photographs of the precise unit ultimately supplied.

5.8 Where a particular container has been specifically selected and identified in the Order Confirmation, we will supply that container unless otherwise agreed with the Customer.

6. CSC PLATES AND SHIPPING USE

6.1 A container is not represented as suitable or certified for international shipping unless this is expressly stated in the Order Confirmation.

6.2 Modification of a shipping container may invalidate its existing CSC approval depending upon the nature and extent of the modification.

6.3 Where modifications invalidate the existing approval, the CSC plate may be removed.

6.4 Unless expressly included in our quotation, modifications do not include structural certification, load testing, lifting certification, CSC recertification or verification of safe working loads.

6.5 Cut-down, custom-built or substantially altered units may no longer constitute standard ISO shipping containers.

7. CONVERSIONS, MODIFICATIONS AND BESPOKE WORK

7.1 Conversion and modification work may include painting, doors, windows, electrics, insulation, lining, partitions, shelving, heating, ventilation, lockboxes and other agreed work.

7.2 The agreed specification will be set out in the quotation, Order Confirmation or other written agreement.

7.3 Unless a particular standard, tolerance or finish has been expressly agreed, conversion and fabrication work will be completed to an appropriate commercial/industry standard for converted shipping containers and cabins.

7.4 Shipping containers are manufactured as industrial structures and may not be perfectly square, level or dimensionally identical. Reasonable tolerances inherent in the original container and conversion process should therefore be expected.

7.5 Painted containers are prepared and coated as industrial container products unless a different preparation or finish has been expressly specified and priced.

7.6 Painting does not normally constitute an automotive or decorative spray finish and may not eliminate existing dents, repairs, welds or other characteristics of the underlying container.

7.7 Stickers, decals and original markings will only be removed where this has been expressly included in the specification.

7.8 Once bespoke, personalised or conversion work has commenced, changes may not be possible and may result in additional charges.

7.9 Where an Order is cancelled, the Customer may be responsible for costs already reasonably incurred by us, subject always to applicable law and the Consumer provisions below.

8. ELECTRICAL AND OTHER INSTALLATIONS

8.1 Electrical installations, testing and certification will only be included where expressly specified.

8.2 Used accommodation units may contain existing installations and equipment. Their condition and testing status will be as described in the quotation or Order Confirmation.

8.3 Customers should not assume that existing electrical equipment has been tested or certified unless expressly stated.

9. PRICES, VAT AND PAYMENT

9.1 Prices are exclusive of VAT unless expressly stated otherwise.

9.2 VAT will be charged at the applicable rate.

9.3 Payment terms will be stated on the quotation, Order Confirmation or invoice.

9.4 Bespoke, converted, modified or specially procured goods may require full or partial payment before work commences.

9.5 We are not required to commence or continue work, release goods or arrange delivery while an amount properly due remains unpaid.

9.6 Additional work or changes requested by the Customer will be charged in addition to the original Order.

9.7 Business Customers only: We may charge statutory interest and applicable debt-recovery compensation on overdue commercial debts where legally entitled to do so.

10. CANCELLATION AND CHANGES

10.1 A request to cancel an Order should be made to us as soon as possible.

10.2 Cancellation rights depend upon the Customer’s status, how the Contract was formed, the nature of the goods and services and whether work has commenced.

10.3 Standard stock goods which have not been modified, allocated, dispatched or specially procured may be cancellable subject to the applicable circumstances and law.

10.4 Bespoke, customised, personalised, converted or specially manufactured goods may have different cancellation rights.

10.5 Where permitted by law, we may recover reasonable losses and costs resulting from a Customer’s cancellation, including work already undertaken, materials ordered or used, third-party costs, transport, handling and other commitments reasonably incurred in fulfilling the Order.

10.6 We will take reasonable steps to mitigate recoverable losses where required.

10.7 Nothing in this section limits a Consumer’s statutory rights, including rights relating to faulty, misdescribed or non-conforming goods.

11. DELIVERY

11.1 Delivery will be carried out either:

(a) by us;

(b) by a haulier or subcontractor engaged by us; or

(c) by an independent haulier contracted directly by the Customer.

11.2 The quotation or Order Confirmation should identify the agreed delivery arrangements where delivery forms part of our Contract.

11.3 Unless expressly agreed otherwise, delivery dates and times are estimates.

11.4 We will use reasonable endeavours to meet estimated dates but circumstances such as traffic, depot delays, previous deliveries, mechanical problems, weather, road conditions and other matters outside reasonable control can cause delay.

11.5 Nothing in these Terms excludes any legal rights concerning delivery times which cannot lawfully be excluded.

12. STANDARD DELIVERY AND OFFLOAD

12.1 Unless otherwise expressly agreed, a standard delivery assumes an appropriate vehicle can reach the delivery position using suitable hard-standing access.

12.2 Standard offload means placing the container immediately adjacent to the delivery vehicle in a position which the driver reasonably considers safe and achievable.

12.3 Delivery does not include lifting over buildings, walls, fences, trees, cables or other obstacles unless expressly agreed.

12.4 Delivery does not include driving across lawns, soft ground, mud, fields or other unsuitable surfaces unless expressly assessed and agreed.

12.5 The Customer must inform us before delivery if a non-standard offload or specialist lifting arrangement is required.

13. CUSTOMER RESPONSIBILITY FOR ACCESS

13.1 The Customer is responsible for providing accurate information regarding access to the delivery location.

13.2 Container delivery vehicles can be substantially larger than ordinary goods vehicles. Depending upon the vehicle used, significant length, width, height, turning space and manoeuvring space may be required.

13.3 Unless we have expressly agreed otherwise in writing, the Customer is responsible for ensuring that the delivery location has sufficient:

(a) road and gateway width;

(b) height clearance;

(c) turning and manoeuvring space;

(d) hard-standing access;

(e) ground strength;

(f) clearance from buildings, gutters, walls, fences, gateposts, trees, overhead cables and other obstructions; and

(g) suitable space for safe operation of the vehicle and lifting equipment.

13.4 The Customer must disclose known restrictions before delivery, including narrow roads, restricted gateways, low bridges, weak surfaces, steep gradients, overhead cables, trees, buildings, parked vehicles or other relevant obstacles.

13.5 The Customer is responsible for obtaining any permissions necessary for access over neighbouring or third-party land.

14. SITE AND GROUND CONDITIONS

14.1 The Customer is responsible for providing a suitable base and safe location for the container.

14.2 The intended position should normally be firm, level and capable of supporting the container.

14.3 Soft, uneven or inadequately prepared ground can prevent delivery and may cause a container to settle, twist or rack after installation, potentially affecting doors and other openings.

14.4 Unless expressly contracted to undertake groundworks or site preparation, we are not responsible for preparing the Customer’s site or foundations.

15. SITE VISITS, PHOTOGRAPHS AND ACCESS ASSESSMENTS

15.1 Where we, a driver or a haulier inspect a proposed delivery location before delivery, the assessment is based upon conditions and information reasonably apparent at the time.

15.2 A preliminary site visit, discussion, photograph, video, measurement or access assessment does not constitute a guarantee that delivery will ultimately be possible, unless we expressly provide such a guarantee in writing.

15.3 Container delivery involves large vehicles and dynamic manoeuvring conditions which cannot always be fully established until the delivery vehicle is physically on site.

15.4 An initial opinion that access appears possible, should be possible or words to similar effect is an assessment only and is not a guarantee of successful delivery.

15.5 Final responsibility for deciding whether a vehicle movement, lifting operation or offload can safely be undertaken rests with the driver/operator responsible for the vehicle or equipment.

15.6 The driver/operator may refuse, stop or abort a manoeuvre which they reasonably believe would be unsafe, risk damage, cause the vehicle to become stuck, breach applicable rules or exceed the safe capability of the vehicle/equipment.

15.7 Nothing in this section excludes liability where it would be unlawful to do so.

16. FAILED OR ABORTED DELIVERY

16.1 A delivery may be aborted where the driver reasonably determines that safe access or offload is not achievable.

16.2 Examples include inadequate access, insufficient turning space, unsuitable ground, undisclosed obstructions, overhead restrictions, unsafe gradients, blocked access or other circumstances preventing safe delivery.

16.3 Where delivery fails because of circumstances for which the Customer is responsible, the Customer may be charged the reasonable additional costs arising from the failed delivery, including haulier charges, return transport, waiting time, handling, storage and redelivery.

16.4 Where we use a third-party haulier, additional charges may reflect the actual reasonable charges made to us by that haulier.

16.5 We will not require a driver or haulier to attempt a manoeuvre they reasonably consider unsafe merely because the Customer requests it.

16.6 Where delivery cannot safely be achieved at the requested position, the Customer and driver may agree an alternative safe offload position where reasonably practicable.

17. PROPERTY AND VEHICLE DAMAGE

17.1 Customers must not instruct or pressure drivers to undertake unsafe manoeuvres.

17.2 Where a Customer requests movement through restricted access, the driver remains entitled to refuse the manoeuvre.

17.3 Responsibility for damage will be determined according to the circumstances and applicable law.

17.4 Nothing in these Terms excludes liability for damage caused by negligence where such liability cannot lawfully be excluded.

18. INDEPENDENT HAULIERS ARRANGED BY THE CUSTOMER

18.1 The Customer may choose to arrange and pay for their own haulage.

18.2 We may, where requested, introduce the Customer to an independent haulier or assist with communication or coordination.

18.3 Where the Customer contracts and pays the haulier directly, the haulage contract is between the Customer and the haulier.

18.4 Unless expressly agreed otherwise, our assistance in introducing a haulier, communicating dates, providing collection information or coordinating arrangements does not make us a party to the Customer’s haulage contract.

18.5 Questions, claims or charges concerning transport services supplied under a direct Customer-haulier contract should be addressed to the haulier.

18.6 We remain responsible for our own obligations relating to the goods and any services we have contracted to supply.

19. COLLECTION

19.1 Where goods are sold for collection, the Customer is responsible for arranging a suitable vehicle and competent operator.

19.2 Collection must be arranged at a mutually acceptable time.

19.3 The Customer’s haulier must comply with reasonable site and safety requirements.

19.4 We may refuse loading where we reasonably believe the proposed vehicle or method of transport is unsafe or unsuitable.

20. STORAGE FOLLOWING COMPLETION OR FAILED DELIVERY

20.1 The Customer must take delivery or arrange collection within the agreed period.

20.2 If completed goods cannot be delivered or collected for reasons attributable to the Customer, we may store them ourselves or with a third party.

20.3 After giving reasonable notice where appropriate, reasonable storage, handling, movement and associated costs may be charged where legally permitted.

20.4 Storage does not constitute cancellation of the original Order.

20.5 We will take reasonable care of goods while they remain in our possession or under arrangements made by us.

21. RISK AND TITLE

21.1 Ownership of goods will not pass to the Customer until we have received payment in full for those goods, subject to applicable law.

21.2 Risk will pass at the point specified by applicable law and the agreed delivery or collection arrangement.

21.3 Business Customers only: Where legally permitted, title to goods remains with us until all sums due in respect of those goods have been received in cleared funds.

22. INSPECTION AND PROBLEMS

22.1 Customers should inspect goods as soon as reasonably practicable following delivery or collection.

22.2 Any apparent transport damage, incorrect items or other obvious concerns should be reported promptly so that they can be investigated.

22.3 Photographs should be provided where reasonably possible.

22.4 Prompt notification assists us in investigating issues with carriers, suppliers and other third parties.

22.5 Nothing in this section removes or reduces a Consumer’s statutory rights or imposes a shorter statutory time limit than the law permits.

23. CONSUMERS

23.1 This section applies where the Customer is a Consumer.

23.2 Nothing in these Terms affects the Consumer’s statutory rights.

23.3 Goods must meet the standards required by applicable consumer law, including requirements relating to satisfactory quality, fitness for purpose where applicable, description and conformity with the Contract.

23.4 Services supplied to Consumers will be performed with reasonable care and skill as required by law.

23.5 Where the law gives the Consumer rights to repair, replacement, price reduction, rejection, refund, repeat performance or another remedy, nothing in these Terms removes those rights.

Distance and off-premises contracts

23.6 Where a Consumer Contract is concluded at a distance or off-premises, statutory cancellation rights may apply.

23.7 Where applicable, details of the cancellation period and method of cancellation will be provided in accordance with legal requirements.

23.8 Statutory change-of-mind cancellation rights do not apply in every circumstance.

23.9 In particular, the law provides exceptions which may include goods made to the Consumer’s specifications or clearly personalised.

23.10 Whether an exception applies will depend upon the particular Order and applicable law.

23.11 Nothing in these provisions affects rights relating to faulty, misdescribed or otherwise non-conforming goods.

Services requested during a cancellation period

23.12 Where a Consumer expressly requests that services begin during an applicable statutory cancellation period, the Consumer may be required to pay for services properly supplied before cancellation where the law permits.

24. BUSINESS CUSTOMERS

24.1 This section applies only where the Customer is a Business Customer.

24.2 The Business Customer confirms that the person placing the Order has authority to bind the business.

24.3 The Customer is responsible for ensuring the goods are suitable for its intended commercial application unless we have expressly agreed in writing to provide a particular specification or suitability requirement.

24.4 Subject to clause 24.7, we will not be liable to a Business Customer for:

(a) loss of profit;

(b) loss of revenue;

(c) loss of business;

(d) loss of contracts;

(e) loss of anticipated savings;

(f) loss of goodwill; or

(g) indirect or consequential loss,

to the extent permitted by law.

24.5 Subject to clause 24.7, our total aggregate liability arising from a particular Contract to a Business Customer will not exceed the total price paid or payable to us under that Contract, except where a different limitation is expressly agreed in writing.

24.6 The limitations in this section apply only to the extent permitted by law.

24.7 Nothing in these Terms limits or excludes liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

25. EVENTS OUTSIDE OUR REASONABLE CONTROL

25.1 Neither party will be responsible for delay or failure caused by events outside its reasonable control to the extent provided by applicable law.

25.2 Such events may include severe weather, flooding, fire, accidents, road closures, industrial action, war, civil disturbance, government action, supply-chain disruption, port or depot disruption, utility failures or other comparable events.

25.3 We will take reasonable steps to minimise the effects of such events.

26. COMPLAINTS

26.1 If the Customer has a concern about goods or services supplied by us, they should contact us promptly and provide sufficient information for us to investigate.

26.2 We will seek to resolve complaints reasonably and in accordance with our legal obligations.

26.3 Nothing in this section restricts a Consumer’s statutory remedies.

27. DATA PROTECTION

27.1 We process personal information in accordance with our Privacy Policy and applicable data protection law.

27.2 Our current Privacy Policy is available on our website.

28. GENERAL

28.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect so far as legally possible.

28.2 A delay or failure by either party to enforce a contractual right does not necessarily constitute a waiver of that right.

28.3 Headings are included for convenience and do not affect interpretation.

28.4 References to “writing” include email and other electronic written communications where appropriate.

28.5 No person other than a party to the Contract shall have any right to enforce its terms except where applicable law provides otherwise.

29. GOVERNING LAW AND JURISDICTION

29.1 These Terms and Contracts made under them are governed by the law of England and Wales.

29.2 Business Customers: Subject to any expressly agreed dispute-resolution procedure, the courts of England and Wales shall have exclusive jurisdiction.

29.3 Consumers: Nothing in these Terms deprives a Consumer of any mandatory jurisdictional protection available to them under applicable law.

30. CONTACT AND CONTRACT DETAILS

Clarkes Solutions Ltd
Trading as Clarkes Solutions / Clarkes Cabin Transport

Oak House
Watling Street Business Park
Norton Canes
Cannock
Staffordshire
WS11 9XG
United Kingdom

Company Number: 04791349

VAT Registration Number: 825 1741 39

Website: www.clarkes.solutions

The Customer should refer to the quotation, Order Confirmation or invoice for the appropriate sales contact details.