2.Signing and Effectiveness of Individual Contracts

• The Parties shall confirm the subject matters of individual contracts, with regard to conditions such as container type, quantity, quality standard, mode of transportation, on-hire location, time of taking delivery, delivery deadline, off-hire location, lease term, rental, and expenses through consultation.
• Unless otherwise agreed upon by the Parties, the Lessor’s quotation is based on the inventory and supply capacity at the time of quotation, on a first-come-first-served basis. The Lessor’s inventory and supply capacity may be subject to variation at any time, and the Lessor shall assume no obligation to inform the Lessee of the variation in its inventory and supply capacity at any time. Prior to the conclusion of individual contracts, the Lessor shall assume no obligation to reserve or order inventory for the Lessee.
• Unless otherwise agreed upon by the Parties, the Lessor’s quotation shall be valid on the current day of quotation only. The Lessor shall not be obliged to update the quotation for the Lessee at any time.
• Unless otherwise agreed upon by the Parties, the Lessor’s quotation does not cover the following services and expenses:
  • Costs for selecting and designating individual containers;
  • Crane charges and recheck charges incurred by the selection and designation of individual containers, photography, or survey;
  • Commission expenses incurred by handling issues like warehousing, survey, taking delivery, transportation, distribution, and delivery;
  • Insurance premiums;
  • Overdue storage fees incurred because the Lessee takes delivery of the containers later than the free storage deadline;
  • Overtime fees incurered because the Lessee takes delivery of the containers in the non-working hours of the container yard;
  • Recheck charges incurred because the Lessee changes or can not determine the time of taking delivery when an individual contract is concluded, and the Lessee requires the container yard to cooperate for rechecking the containers at the rescheduled time of accaptance.
  • Any expenses incurred by the Lessee’s mistakes, delays, or incomplete instructions.
  • Any expenses incurred by extreme weather, wars, strikes, riots, coups, natural disasters, and other force majeure factors.
  • Any taxes such as value-added tax, income tax, and customs duties, as well as any administrative expenses that may be levied (including fines)
  • Any services or fees not clearly listed in the Lessor’s quotation.
• In light of the negotiation results of the Parties, the Lessee shall confirm the purchase to the Lessor in writing such as “purchase order” (letter, fax, e-mail, e-commerce, etc.). The Lessor shall confirm the sales to the Lessee in writing such as “sales order” and/or “invoice”.
• After the subject matter and relevant conditions of the transaction are confirmed by the Parties, the individual contract shall be established. The established individual contract shall supersede all previous oral and written negotiations between the Parties concerning the subject matter. Prior to the conclusion of the individual contract, the Parties shall be entitled to revise or cancel their intention concerning the subject matter, and neither party shall assume any liability or obligation in respect of the subject matter.
• If the Parties have not entered into an individual contract in writing, but one of the following circumstances occurs, it shall be considered that the Parties have concluded an individual contract for the leasing business of containers.
  • The Lessee submits the documents required for relevant transactions to the Lessor;
  • The Lessee has taken delivery of the containers associated with the business concerned;
  • The Lessee has accepted the Delivery Order of containers or other business documents issued or forwarded by the Lessor;
  • The Lessor has actually handled business operations concerned;
  • Other circumstances that indicate a lease relationship between the Parties.
• During business operations such as confirmation of individual contracts, confirmation of other matters, signature, and receipt, the Lessee’s use of the seal, signature, designated e-mail address, or designated e-mail address with the suffix of domain name in the appendix “Customer Registration Form” is an authorized and willing on-duty behavior of the Lessee, and its effect is equivalent to the official seal of the Lessee. When any information needs to be changed in the “Customer Registration Form”, the Lessee shall inform the Lessor in a prompt manner and provide an updated version.