Terms of Sales and Privacy Policy

COLOS, INC. Terms and Conditions Sales:

GENERAL: These general terms and conditions apply to each and every order for the sale of (“Equipment”) being sold and transferred by COLOS, INC. (“Seller”) to you (“Purchaser”). Risk of loss of Equipment shall pass to Purchaser upon the earlier of Purchaser’s payment or Purchaser’s pick up of the Equipment. Seller shall have no liability for late delivery or non-delivery of any Equipment. If any cause, in whole or in part, prevents or hinders Seller’s performance of the sale of any Equipment to Purchaser, Seller may cancel, without any liability on its part to Purchaser, all or any portion or portions of the sale. Purchaser’s pick up of Equipment constitutes acceptance of these Terms and Conditions of Sale even if Purchaser has not signed them or an agreement of which they are a part.

LIABILITY AND WARRANTY: PURCHASER IS AWARE THAT ALL EQUIPMENT IS USED EQUIPMENT AND IS SOLD “AS IS” “WHERE IS”, WITH ALL FAULTS. SELLER, NOT BEING THE MANUFACTURER NOR AGENT TO THE MANUFACTURER OF ANY OF THE EQUIPMENT SOLD, MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED AS TO THE FITNESS OF THIS EQUIPMENT FOR ANY PARTICULAR PURPOSE, OR AS TO THE QUALITY, DESIGN, CONDITION, CAPACITY, SUITABILITY, MERCHANTABILITY OR PERFORMANCE OF ANY OF THE EQUIPMENT OR OF THE MATERIAL OR WORKMANSHIP THEREOF. PURCHASER AGREES THAT PURCHASER HAS SOLELY DETERMINED THAT THE UNITS ARE SUITABLE FOR PURCHASER’S INTENDED USE. ALL RISK BETWEEN SELLER AND PURCHASER OR AS BETWEEN SELLER AND ANY THIRD PARTY FOLLOWING THE SALE OF THE EQUIPMENT TO THE PURCHASER WILL BE BORNE BY PURCHASER AT ITS SOLE RISK AND EXPENSE AND PURCHASER ACCORDINGLY WAIVES AND AGREES NOT TO ASSERT ANY CLAIM WHATSOEVER AGAINST SELLER BASED THEREON. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY LOST PROFITS, SAVINGS, PERSONAL INJURY, DEATH, ATTORNEY’S FEES, BUSINESS STAGNATION OR FOR ANY OTHER SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER 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 AND PURCHASER SHALL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM LIABILITY FOR ANY SUCH CLAIMS, INCLUDING CLAIMS FROM THIRD PARTIES.

PAYMENT AND DEFAULT: The seller will release containers to the Purchaser after receipt of full payment. The Purchaser should send payment immediately, but in any case, no later than 15 days from the invoice date. Any balance not received by the due date is considered in default and will accrue a finance charge of 1.5% per month until the full balance has been paid. Additionally, any costs incurred by COLOS, INC. as a result of late payment, including collection and attorney’s fees and costs shall be the responsibility of the “Bill To” party shown on Invoice.

CANCELLATION: If the Seller does not receive the payment and the Purchaser does not pick up containers within 15 days from the invoice date, then Invoices will be cancelled without any liability and further notice to the Purchaser.

PICK UP: Purchaser must contact the depot and confirm accessibility of Equipment prior to pickup. Any costs due to “Dry Runs” or delays will be the sole responsibility of the Purchaser.

MODIFICATION AND/OR SURVEY: The Seller must receive the payment in advance from the Purchaser for modification and/or survey. The request will not begin until the payment has been received. Additionally, the payment for modification and/or survey is non-refundable.

STORAGE COST: The Seller grants the Purchaser with a Pick-Up period of fifteen (15) days running from the issuance of the written authorization to pick up the Equipment. All Equipment shall be picked up by the Purchaser from the Seller’s Depot before the end of the Pickup Period as indicated in the invoice. In case the Equipment have not been picked up at the end of the pickup period, the Seller will invoice to buyer the incurring storage costs of the Equipment at the rate of Five Dollars ($5.00 USD) per day.

TAXES, DOMESTICATION, AND NEUTRALIZATION: Unless otherwise expressed, Equipment is sold without Value Added Tax (“VAT”), Goods and Services Taxes (“GST), Consumption Taxes, domestication, personal property taxes or other taxes. Any taxes, tariffs, customs duties, tolls, levies, imposts, or charges which may be now or hereafter imposed by any jurisdictions, governmental authorities or agencies upon the Equipment sold, shall be added to the purchase price and charged to the Purchaser. All equipment must be neutralized with the removal of logo and renumbering at Purchaser’s Expense. Purchase must have all markings and identification plates (including Equipment prefix and identifying number) removed and changed upon release of equipment to Purchaser at Purchaser’s Expense.

WAIVER AND REMEDIES: Seller’s failure to insist on Purchaser’s performance of any obligation, or Seller’s waiver of any breach, shall not act as a waiver of any right or any subsequent breach. Seller’s remedies shall be cumulative and in addition to any other or further remedies provide by law.

INDEMNITY: Purchaser will defend at its own expense and indemnify and hold Seller, its agents and employees harmless from and against any and all claims, losses, damages, liabilities, payments, demands, actions, proceedings, costs, penalties, fines, expenses, fees (including attorneys’ fees) arising out of, or in connections with, the sale of Equipment to Purchaser, any subsequent use, possessions, repair, operation or disposition of the Equipment; or any damages that my result from Purchaser operating equipment after purchase arising from improper maintenance, lack of inspection prior to use, or any other cause.

GOVERNING LAW: This Agreement and the Terms thereof shall be governed by and construed in accordance with the laws of the State of California. Seller and Purchaser each hereby agree that any claim or controversy, directly or indirectly arising out of or relating to this contract, may be litigated in the courts of the State of California and consent to be subject to the jurisdiction of such courts.

ASSIGNMENT: These Terms and Conditions of Sale and the related Sale Release contain the entire agreement between the Seller and Purchaser with respect to the Equipment listed in the Sale Release. Purchaser may not assign any of this rights, obligations or interest under these Terms and Conditions without the expressed written consent of the Seller.