Terms and Conditions

Terms and Conditions — the detail that matters is below, written for this business rather than for the industry in general.

These terms cover the sale, hire and modification of shipping containers by Sea Way Containers, ABN 94 010 669 539. They are written to be read, not to be survived, and where a clause exists because something has gone wrong before, it says what it is protecting.

Terms and Conditions: the short version

What follows covers these terms: what is included, what is quoted separately, what we do not claim, and what to send us to get a firm number. It is written to be read before you commit rather than after.

Terms and Conditions: what these terms cover

Placing an order means these terms have been read and accepted. If something in them does not suit your circumstances, raise it before the invoice is issued rather than afterwards — a term that is wrong for a job can usually be varied in advance, and almost never once the unit has been delivered.

Orders and acceptance

We confirm availability before an invoice is issued. If a unit is no longer available, you are told before any money moves rather than after, and the options are a like-for-like replacement at the same price or a full refund of anything already paid.

Pricing and GST

Prices on this site are shown in Australian dollars and relate to the unit described. Delivery, modification, hire collection and any site-specific work are quoted separately and shown as separate lines on the invoice, so it is always clear what is being paid for.

Tax and business buyers

The invoice carries ABN 94 010 669 539 and itemises GST, so it works as a tax invoice for a business claim without a follow-up request. That matters more than it sounds: a container purchase is usually a capital item, and a non-compliant invoice is a claim that gets rejected months later.

How a unit is delivered

Delivery is by tilt-tray, by side-loader, or by crane, and which one is used is decided by the site rather than by preference. A tilt-tray tips the unit off the back and needs a straight run and a firm surface. A side-loader lifts the unit off the side of the truck and needs clear space along one flank. A crane lifts it over an obstruction and needs a set-down point that can be reached from above.

Timing and scheduling

Delivery dates are agreed when the order is confirmed. A stock unit can often move quickly; a unit that has to be modified first cannot move until the work is finished, and the timeline for that is quoted with the price.

When a return can be agreed

A return can be agreed where the unit delivered is materially different from the unit described, where it has been damaged in transit, or where a fault is found that would not have been visible on inspection and that we were not told about. In each of those cases the remedy is agreed against the specific circumstances rather than by a blanket rule.

How a return is raised

Report the problem as soon as it is found, before the unit has been loaded, cut into or otherwise altered. Send photographs of the issue and of the unit as delivered, the order number, and a description of what differs from what was expected. That package is usually enough to decide whether a return, a repair or a price adjustment is the right answer.

Faults, damage and fair wear

A container that has been used at sea will show the marks of that use. Dents, scuffs, patches of surface rust and faded paint are normal on a used unit and are described at the grade shown on the listing. They are not faults, and a return raised on those grounds will be declined.

How a refund is paid

A refund is initiated once the unit has been collected and checked, or once the fault has been agreed without collection, whichever applies. The exact date is confirmed in writing when the refund is approved.

Returning a hired unit

Before collection the unit should be empty, swept out and accessible to the truck. Units that cannot be reached on the day may attract a second delivery charge, because the transport was performed and has to be performed again.

Deposits and hire bonds

A bond is returned once the unit has been collected and checked, less anything agreed for damage or for an extended term. A deposit is applied to the invoice. Neither is a fee, and neither is retained without an explanation in writing.

Limits of liability

We are responsible for supplying the unit we described and for delivering it as agreed. We are not responsible for the consequences of a use the unit was not sold for — a container used as a structural element it was not rated for, a unit loaded beyond its rating, or a modified unit used in a way the drawing did not anticipate.

If something goes wrong

Where a resolution is not agreed directly, the matter can be referred to the state consumer authority or, for a business customer, to mediation. Neither is a first step and neither is a threat — they exist so that a disagreement about a few hundred dollars does not become a dispute about several thousand.

Changes to these terms

A change does not apply retrospectively to an order that has already been quoted and invoiced. The terms on the invoice are the terms that govern that order, which is the only way a buyer can know what they agreed to.

What we collect

Payment is by bank transfer or PayID, so we hold the reference and the amount but never a card number. There is no card processor in our chain and no card data on our systems to be lost.

How to get a price

Send the product name and your postcode. Add a photograph or description of the approach and the drop point if the site is anything other than open, level and clear. That is enough to come back with a delivered price rather than a unit price plus an unknown.

If the layout needs changing, describe the change at the same time so the modification and the delivery can be quoted together. Two quotes for one job are slower and usually worse than one quote for the whole job.

How we contact you

Order updates go by email to the address on the order, with a phone call where something is time-critical on the day of delivery. Nothing about an order is announced only on a social channel or a website notice.

Reading these documents

These pages are written in plain language on purpose. A policy that a buyer cannot follow is not a policy, and a term that has to be explained by a lawyer before it makes sense is usually a term that should have been written differently.

Storage before collection

A unit held on site is the buyer’s responsibility from set-down, including security and insurance. A container in a yard is covered by us; a container on your site is not.

Questions about this page

Terms and Conditions: are these the terms that apply to my order?: Yes, unless a written quote, invoice or hire agreement states something different. Those documents are written against a specific unit and site, so they take precedence over this general page.
Terms and Conditions: when does an order become binding?: When payment is received and the invoice is issued. A quote is an offer at a point in time and does not reserve the unit, which is why we confirm availability before invoicing.
Terms and Conditions: can I cancel an order after paying?: Talk to us before the unit moves. Before dispatch, cancelling is usually straightforward. After dispatch, the transport has been performed and cannot be refunded, so the position changes.
Terms and Conditions: is the price on the website the price I pay?: It is the price of the unit. Delivery and any modification are quoted separately, because both depend on your postcode and your site. The invoice shows each line separately so nothing is folded in.
Terms and Conditions: do prices include GST?: GST is itemised on the invoice rather than bundled into the headline figure. The ABN is shown on the invoice so it can be used as a tax invoice for a business claim.
Terms and Conditions: what payment methods are accepted?: Bank transfer or PayID. Card payment is not offered, and the surcharge that would have to be added to cover it is left off the price instead.
Terms and Conditions: what goes in the payment reference?: The order number. It is the number both sides can match without translation, and it is what lets a payment be allocated without an email chain.
Terms and Conditions: can I change the delivery address after ordering?: Yes, before dispatch, and it is re-quoted because delivery is priced on distance and access. A new address is a new delivery and is treated as one.
Terms and Conditions: what if the unit I ordered is no longer available?: You are told before any money moves. The options are a like-for-like replacement at the same price or a full refund of anything paid, and you choose between them.
Terms and Conditions: who owns the container once it is delivered?: Title passes when the invoice is paid in full. A hired unit remains ours throughout the term, which is why a hired unit cannot be sold, sub-let or altered without agreement.
Terms and Conditions: am I insured after delivery?: No. Insurance of the unit after set-down belongs to the buyer. A container on a site is often assumed to be covered by whoever delivered it, and it is not.
Terms and Conditions: can I modify a container myself after purchase?: It is your unit. Structural work affects watertightness and, on a hired unit, is not permitted without agreement. On a purchased unit, we will happily quote the work so it is done once and properly.
Terms and Conditions: what does the modification agreement cover?: The drawing, the scope, the price and the date. Anything outside that drawing is a variation and is quoted separately, which prevents a small addition being quietly absorbed into the final bill.
Terms and Conditions: is a verbal quote binding?: No. Quotes are confirmed in writing because a written quote names the unit, the price and the delivery arrangement, and a verbal one usually names only some of those.
Terms and Conditions: how are variations to a job priced?: A variation is quoted afresh, because it changes both the work and the transport. Two quotes for one job are slower and usually worse than one quote for the whole job, so describe it all at once.
Terms and Conditions: what law governs these terms?: The law of Queensland, Australia. Nothing in these terms limits a consumer guarantee that cannot be excluded by law.
Terms and Conditions: can these terms be changed after I order?: Not for your order. A change applies going forward only, because the terms on the invoice are the terms that govern that order and a buyer has to be able to rely on what they agreed to.
Terms and Conditions: does the quote hold the container for me?: A quote is an offer at a point in time, not a reservation. Availability is confirmed before the invoice is issued, and if the unit has sold you choose between a like-for-like replacement and a full refund.
Terms and Conditions: what if I need the container delivered to a different site later?: A second delivery is a new delivery and is quoted as one. Moving a unit that is already on a site is a separate job with its own equipment and its own price.
Terms and Conditions: can I store a container at your yard after buying it?: For the agreed period, yes. Storage beyond that is a separate arrangement and is quoted rather than assumed, so neither side is surprised by a holding charge.
Terms and Conditions: are the photographs on the listing of the actual unit?: They are of the unit as found, unless the listing says otherwise. Where a photograph is representative rather than specific, the description text says so, because a buyer at a distance is relying on it.
Terms and Conditions: what if a term on this page conflicts with my written quote?: The written quote governs. It was prepared against a specific unit and a specific site, and it is the document both sides signed up to rather than the general one.
Terms and Conditions: do these terms and conditions apply to hire as well as sales?: Yes. These terms and conditions cover sales, hire and modification work, and where a hire agreement states something different, that agreement governs the hire.
Terms and Conditions: what do these terms and conditions say about delivery?: These terms and conditions treat delivery as a separate service quoted against distance and access, performed once, and chargeable again if the site is not ready.
Terms and Conditions: do these terms and conditions cover GST?: Yes. These terms and conditions require GST to be itemised on the invoice alongside ABN 94 010 669 539, so the document works as a tax invoice without a follow-up.
Terms and Conditions: what do these terms and conditions say about cancellation?: Before dispatch a cancellation is straightforward. These terms and conditions cannot refund transport that has already been performed, which is why the timing matters.
Terms and Conditions: do these terms and conditions limit liability?: These terms and conditions limit liability to the amount paid for the unit and its delivery where a limit is permitted, and never limit a consumer guarantee that cannot be excluded.
Terms and Conditions: how are these terms and conditions changed?: These terms and conditions are reviewed when the way the business operates changes, and a change never applies retrospectively to an order already invoiced.
Terms and Conditions: what law governs these terms and conditions?: These terms and conditions are governed by the law of Queensland, Australia, and nothing in them excludes a right that cannot be excluded by law.
Terms and Conditions: do these terms and conditions cover storage?: Yes. These terms and conditions treat storage beyond the agreed period as a separate arrangement that is quoted rather than assumed.
Terms and Conditions: where can I get the terms and conditions in another format?: Ask and it will be sent as a PDF or posted on request. The page you are reading is the current version and is dated at the top, so a saved copy can be checked against it.
Terms and Conditions: what happens if one clause of these terms is unenforceable?: The rest continues to operate. A clause struck out by a court does not take the agreement with it, which is the standard position and the one this business works to.
Terms and Conditions: do quotes expire under these terms?: A quote stands for the period stated on it, usually thirty days, because container prices and freight both move. After that it is reissued rather than assumed.

External reference

For freight and heavy vehicle rules that apply to moving a container, see the National Heavy Vehicle Regulator. We do not give regulatory advice, and nothing on that site is specific to this business.

Photographs from the yard

Questions about this page: support@seawaycontainer.com.