TOUGH CONTAINERS LLC LIMITED WARRANTY

  1. A) CARGO WORTHY (CW) AND WIND AND WATER TIGHT (WWT) CONTAINERS COME WITH A 1 YEAR DOOR (PROPERLY SEAL TO PREVENT WATER INTRUSION, OPEN AND CLOSE), FLOORS (FREE OF HOLES) AND ROOF (NO LEAKS) WARRANTY.
  2. B) ALL CONTAINERS COME WITH A FIVE-YEAR STRUCTURAL FRAME FAILURE WARRANTY FOR NORMAL USE.  ANY MODIFICATION OF THE FRAME WILL VOID THIS WARRANTY.
  3. C) TOUGH CONTAINERS LLC WILL REPAIR OR CAUSE TO BE REPAIRED ANY EQUIPMENT OR PART OF CONTAINER WITHIN THIS WARRANTY PERIOD THAT DOES NOT MEET THE CONDITIONS ABOVE.  THIS WARRANTY DOES NOT INCLUDE THE COSMETIC APPEARANCE OF CONTAINERS. TOUGH CONTAINERS LLC WILL SEND INDUSTRY-APPROVED PATCHES IN CASE OF A HOLE IN ROOF.  PURCHASER IS AWARE THAT ALL CONTAINERS ARE USED AND ALL USED CONTAINERS WILL HAVE RUST, DENTS AND SCRATCHES, DUE TO NORMAL WEAR AND TEAR DUE TO USE IN THE INTERMODAL SHIPPING ENVIRONMENT. TOUGH CONTAINERS LLC DISCLAIMS AND PURCHASER WAIVES AND RELEASES TOUGH CONTAINERS LLC FROM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION (A) THE DESIGN, CONDITION, AVAILABILITY, OPERATION OR FITNESS FOR USE OF THE EQUIPMENT; (B) THE FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE OF PURCHASER; AND (C) THE CONFORMITY OF THE EQUIPMENT TO THE SPECIFICATIONS REQUIRED BY ANY COUNTRY OR POLITICAL SUBDIVISION WITHIN WHICH THE EQUIPMENT MAY BE USED. PURCHASER ACKNOWLEDGES AND AGREES THAT TOUGH CONTAINERS LLC SHALL HAVE NO LIABILITY TO PURCHASER FOR ANY CLAIM, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY THE EQUIPMENT, OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN, OR BY ANY INCIDENT WHATSOEVER IN CONNECTION THEREWITH WHETHER ARISING IN STRICT LIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL TOUGH CONTAINERS LLC BE LIABLE HEREUNDER FOR ANY LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF TOUGH CONTAINERS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.