Delivery Guidelines and Sales Terms

For your review:

TERMS AND CONDITIONS OF SALE 

Limited Liability. DISCLAIMER OF WARRANTIES/CONSEQUENTIAL DAMAGES.

PURCHASER IS AWARE THAT ALL EQUIPMENT IS SOLD “AS-IS” ‘WHERE-IS’. SELLER DISCLAIMS AND PURCHASER WAIVES AND RELEASES SELLER 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, MERCHANTABILITY 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 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. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE HEREUNDER FOR

ANY LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SELLER DISCLAIMS AND PURCHASER WAIVES ANY WARRANTY REGARDING THE

OPERATION OF MACHINERY OR TYPE OF REFRIGERANT REFRIGERATED CONTAINERS MAY CONTAIN. IN THE EVENT ANY EQUIPMENT SURVEYS ARE

PERFORMED AT THE REQUEST OF PURCHASER, SUCH SURVEYS SHALL BE CONDUCTED BY AN INDEPENDENT THIRD PARTY ON BEHALF OF PURCHASER.SELLER DOES NOT GUARANTEE THE ACCURACY OF ANY SUCH SURVEY.

1.  Parties. “Seller” shall mean Atlantic Trailer Leasing and Sales, LLC. and any of its affiliate companies. “Buyer” shall mean the entity purchasing goods from Seller, including any of its affiliate companies. Collectively, Buyer and Seller may be referred to as “Parties.”

  1. Entire Agreement. Sale of goods is expressly conditioned on Buyer’s assent to these Terms and Conditions of Sale (“Terms”). Seller expressly rejects any terms that are inconsistent, additional or different to these Terms, including, but not limited to, terms described in Buyer’s purchase orders or other agreements, unless accepted to in writing by one of Seller’s owners or officers. Seller’s delivery of goods following receipt of Buyer’s purchase order or other agreements containing inconsistent, additional, or different terms shall not modify these Terms. These Terms constitute the final and entire agreement and understanding between the Parties and supersede any and all prior agreements and understandings, oral or written, relating to the subject matter hereof. 
  2. Pricing. Prices shown do not include any tax to any governmental authority imposed on the sale of goods. Any such tax will be added to the purchase price, unless Buyer provides Seller with an acceptable tax exemption certificate. Buyer shall keep all prices confidential except to the extent it is required by law to disclose the same.
  3. Payment. Buyer shall pay the full amount of Seller’s invoice(s) when due. Custom units require payment and plan drawings prior to custom builds. All goods sold hereunder pursuant to a credit account are subject to continuing approval by Seller of Buyer’s creditworthiness. Buyer agrees that it will indemnify, defend, and hold Seller and its agents harmless from any liability that results from Seller’s inquiry into Buyer’s creditworthiness. 
  4. Changes to Product Order. Any material change to goods ordered by Buyer must be agreed to in writing by Seller and may result in a price and delivery adjustment by Seller. Buyer must obtain Seller’s written authorization in order to receive credit for returned goods, which are subject to a restocking charge. 
  5. Delivery. The F.O.B. point shall be Buyer’s designated delivery site for delivered equipment. Title and risk of loss shall pass to Buyer at the applicable F.O.B. point. Seller shall not be liable for delay or default in delivery caused by a Force Majeure Event, defined as any event beyond Seller’s reasonable control, including, but not limited to, acts of God, changes in governmental regulations, labor disputes, war, terrorism, or unavailability of materials, supplies, or fuel. In the event of Force Majeure, the Parties shall use due diligence to restore their abilities to meet their obligations under these Terms.
  6. Termination. Upon notice to Buyer, Seller may terminate or limit any order immediately if Buyer does not comply with these Terms.
  7. Warranty. Seller is a reseller of goods only. Seller extends to Buyer any transferable warranty extended to Seller by the manufacturer or Seller’s supplier with respect to goods purchased hereunder. SELLER EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYER AND THIRD PARTIES CLAIMING DAMAGES IN CONNECTION WITH DEFECTIVE GOODS SHALL SEEK RECOURSE EXCLUSIVELY FROM THE MANUFACTURER(S) OF SAID GOODS. 
  8. Indemnity. Buyer shall indemnify, defend, and hold Seller and its agents harmless from all liability and costs, including reasonable attorneys’ fees, related to any third party claim, including claims brought by Buyer’s employees, arising or allegedly arising from (i) Buyer’s use of goods sold hereunder; (ii) any tortious act or omission of Buyer; or (iii) any material breach by Buyer of these Terms. 
  9. Dispute Resolution. These Terms shall be governed by the laws of the State of Georgia, without regard to conflict of laws rules. Buyer agrees that the UN Convention on Contracts for the International Sale of Goods does not apply to these Terms. Any legal action that may arise between the Parties relating to these Terms shall be exclusively brought in the courts of competent jurisdiction in Gwinnett County, GA. 
  10. Waiver. Any waiver by Seller of a breach of these Terms will not operate as, or be construed to be, a waiver of any other breach of these Terms. Any waiver must be in writing. Failure by Seller to insist upon strict adherence to any of these Terms on one or more occasions will not deprive Seller of the right to insist upon strict adherence to that or other provisions of these Terms.
  11. Notice. Buyer agrees that it will immediately notify Seller in writing if it becomes insolvent as defined by Article 1 of the Uniform Commercial Code and/or if it transfers the majority of its assets to a third party. 
  12. Export Sales. Buyer shall not directly or indirectly export or re-export any goods obtained from Seller under these Terms except in accordance with applicable export laws and regulations of the United States. Buyer, not Seller, is responsible for compliance with all U.S. export control rules and regulations. Buyer shall not name Seller as shipper or exporter of record in connection with the export of any goods purchased from Seller. 
  13. Assignment. Buyer shall not assign, transfer, sub-contract or otherwise dispose of any of its rights or obligations under these Terms without the express prior written consent of Buyer. These Terms inure to the benefit of and bind the Parties and their respective successors and assigns.
  14. No Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
  15. Severability. If any term or provision described herein is deemed invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision or invalidate or render unenforceable such term or provision in any other jurisdiction.

Atlantic delivers 53' trailers, 20' containers and 40' containers.

Atlantic delivers 53' trailers, 20' containers and 40' containers.

Delivery Guidelines

Atlantic Trailer Leasing and Sales, LLC  Delivery Agreement

We transport storage containers with roll off service.

  1. For 40’s and larger-We deliver  with a 53' delivery trailer with a wench pulled by a single or tandem axle tractor. It will tilt up at the front rolling your container off of the back. This type of delivery is good for one 40' shipping containers and larger or two 20' containers delivered at once. This type of delivery requires 125' feet. Please plan on 16’' of over head clearance. 
  2. For 20’s or smaller-With a short roll back wrecker. This is a small truck that will carry one 20' container. This type of delivery requires 60' of space to offload containers with 16' of overhead clearance.

We transport semi trailers/dry vans with semi tractors. 

For 53’ trailers-Please allow 100’ of space to drop a semi trailer.

Delivery Requirements

  • All deliveries should be discussed prior to purchase or rental by phone or email.
  • Time sensitive deliveries should be arranged and discussed in advance.
  • We should be able to offload your container in less than 20 minutes after arrival. Site delays or difficult deliveries requiring additional time are $50.00 for every additional 30 minutes.
  • Please provide a complete correct address and good contact number for your delivery. If you have alternate directions, please let us know in advance. Your delivery contact must be available by phone the day of delivery.
  • If your delivery is off road and wet (rain, snow, ice or flooded) we will need to reschedule your delivery. Off road deliveries must be absolutely dry. 
  • Freshly graded land or freshly laid gravel must be hard packed. If the driver thinks he may become stuck or will spin we will not be able to complete your delivery.
  • Site must be clear of trees, branches, tall grass, brush and debris.
  • Inclines, declines and uneven surfaces will prevent delivery. 
  • Sharp turns may prevent delivery.
  • We will collect a non-refundable delivery fee to schedule your off road delivery. 
  • Please do not request delivery to sites where other professional delivery services have failed. Safety for you and our employees is our primary concern. Kindly assist us in ensuring safe, reasonable practices.
  • Incorrect container door placement may require our driver to leave your facility to drop and reload. There is a $150 charge to do so.