These Terms & Conditions apply to all container-related services provided by Movements International, including container sales, container lease or hire, used reefer container supply, container delivery, pickup, relocation, modification, fabrication, repair, storage, transport arrangement, container homes, container offices, site units, and related services.

1. Scope of Services

1.1 Movements International may provide one or more of the following container services:

a. sale of used shipping containers;
b. sale of used reefer / refrigerated containers;
c. lease or rental of dry containers and reefer containers;
d. container delivery, pickup, relocation, or transport arrangement;
e. container homes, offices, site offices, and modified units;
f. container repair, fabrication, welding, painting, flooring, doors, windows, insulation, electrical or plumbing works;
g. reefer container inspection, service coordination, or technical support;
h. container storage or yard handling; and
i. any other container-related service agreed in writing.

1.2 The exact container unit, service description, price, delivery location, payment terms, and special conditions shall be stated in the quotation, invoice, sale release, lease agreement, job sheet, work order, or written confirmation.

1.3 These Terms & Conditions apply together with any quotation, invoice, sale release, lease schedule, delivery note, work order, or written agreement issued by Movements International.

2. Customer Responsibility to Inspect

2.1 The Customer must inspect the container before purchase, lease, delivery, pickup, or service acceptance.

2.2 The Customer is responsible for verifying the condition, quality, size, type, purpose, and suitability of the container before accepting it.

2.3 Used containers may have dents, rust, patches, floor wear, previous repairs, scratches, stains, age-related marks, and general wear and tear.

2.4 Once the Customer pays for, collects, receives, uses, or accepts the container or service, the container or service shall be deemed accepted.

3. Used Container Sale Condition – “As Is, Where Is”

3.1 All used containers are sold in their current condition and at their current location on an “As Is, Where Is” basis unless otherwise agreed in writing.

3.2 Movements International does not guarantee the age, condition, appearance, structure, durability, performance, regulatory compliance, or suitability of any used container for the Customer’s intended use unless expressly stated in writing.

3.3 The Customer acknowledges that used containers are not new and may contain visible or hidden defects.

3.4 The Customer accepts full responsibility for checking and approving the container before delivery or pickup.

4. Used Reefer Container Inspection

4.1 Used reefer containers must be inspected and verified by the Customer’s own refrigeration technician at the Customer’s own cost before purchase, lease, delivery, or pickup.

4.2 Movements International does not guarantee reefer machinery performance, temperature performance, compressor condition, controller condition, electrical condition, refrigerant type, running hours, parts condition, or suitability for any specific product unless stated in writing.

4.3 The Customer is responsible for confirming that the reefer container is suitable for the Customer’s cargo, temperature requirement, site power supply, and intended use.

4.4 For leased reefer containers, the Customer must monitor the unit daily and immediately notify Movements International in writing of any malfunction, alarm, power issue, or temperature issue.

5. Quotation, Pricing and Payment

5.1 All prices shall be stated in the quotation, invoice, work order, or written agreement.

5.2 Unless otherwise stated, all payments must be made before delivery, pickup, release, commencement of work, or completion handover.

5.3 Deposit: [Insert Amount or %] payable upon confirmation.

5.4 Balance: payable before delivery, pickup, release, or handover.

5.5 Unless otherwise agreed, payment is due within three working days prior to delivery or pickup.

5.6 Payments are non-refundable unless otherwise agreed in writing.

5.7 If the Customer fails to pay on time, Movements International may charge a service charge of 3% per month on the unpaid balance.

5.8 Movements International may suspend work, delay delivery, cancel the sale, withhold release, recover the container, or refuse further services if payment is not received on time.

6. Delivery, Pickup and Site Access

6.1 Delivery may be arranged to the Customer’s nominated site if agreed in writing.

6.2 The Customer must ensure that the delivery site has safe and suitable access, including clear road access, sufficient space, firm ground, turning area, unloading space, and overhead clearance.

6.3 The Customer is responsible for arranging crane, forklift, lifting equipment, labour, permits, traffic control, or site preparation unless otherwise agreed in writing.

6.4 If delivery cannot be completed due to poor access, unsafe site conditions, incorrect address, lack of unloading equipment, customer delay, bad weather, road restrictions, or any other reason outside Movements International’s control, the Customer shall pay all waiting time, redelivery fees, transport costs, lifting costs, and related charges.

6.5 Where the Customer arranges their own truck or transporter, Movements International is not liable for late delivery, non-delivery, accident, damage, loss, or transport delay.

6.6 The Customer must pick up containers within 10 working days after receiving sale release or pickup confirmation unless otherwise agreed.

6.7 If the Customer fails to pick up the container within the required time, Movements International may cancel the sale from the 11th working day and may charge storage, handling, lifting, or cancellation fees.

7. Risk and Ownership

7.1 Risk of loss, damage, theft, accident, or deterioration passes to the Customer upon the earlier of:

a. payment;
b. pickup;
c. delivery;
d. release to the Customer or the Customer’s transporter; or
e. use or possession of the container.

7.2 Ownership of a purchased container passes to the Customer only after full payment and release, unless otherwise stated in writing.

7.3 For leased or rented containers, ownership remains with Movements International or the relevant container owner at all times.

7.4 The Customer must not sell, assign, modify, relocate, sublease, mortgage, charge, or dispose of any leased container without prior written approval.

8. Container Lease / Hire Services

8.1 Where containers are leased or hired, the Customer shall use the container only for lawful and approved purposes.

8.2 Rent is payable monthly unless otherwise agreed in writing.

8.3 Monthly rent is due on the first day of each calendar month or as stated in the lease agreement.

8.4 The Customer must keep the leased container in good condition, fair wear and tear excepted.

8.5 The Customer is responsible for all damage, cleaning, missing parts, misuse, unauthorised repairs, relocation costs, recovery costs, and return transport costs.

8.6 The Customer must return the container at the end of the lease term in the same condition as received, fair wear and tear excepted.

8.7 If the container is not returned on time, additional rent and recovery charges may apply.

9. Repair, Modification and Fabrication Services

9.1 Repair, modification, and fabrication services shall be performed according to the agreed quotation, drawing, invoice, or work order.

9.2 Any changes requested by the Customer after approval may result in additional charges and delays.

9.3 Movements International may use subcontractors for specialised works, including electrical, plumbing, painting, welding, insulation, flooring, doors, windows, air-conditioning, and reefer-related works.

9.4 Subcontractor warranties apply only where provided in writing by the subcontractor or supplier.

9.5 Movements International is not liable for defects caused by poor site conditions, misuse, lack of maintenance, unauthorised alterations, third-party work, overloading, weather exposure, corrosion, or customer-supplied materials.

10. Container Homes, Offices and Site Units

10.1 Container homes, offices, and site units may be fabricated locally in Fiji using used shipping containers unless otherwise stated.

10.2 Used containers used for fabrication are supplied on an “As Is, Where Is” basis unless stated otherwise in writing.

10.3 The Customer is responsible for confirming layout, design, measurements, drawings, door and window positions, fittings, colours, and specifications before fabrication begins.

10.4 Movements International is not responsible for foundations, ground works, drainage, site preparation, council approvals, engineering certification, building permits, utility connection, electrical supply, water connection, sewerage connection, or occupancy approvals unless expressly agreed in writing.

10.5 The Customer is responsible for obtaining all approvals required by local authorities.

11. Storage and Yard Services

11.1 Storage may be provided subject to yard availability and written agreement.

11.2 Storage charges shall apply as stated in the quotation, invoice, or written confirmation.

11.3 Movements International is not liable for goods stored inside containers unless expressly agreed in writing.

11.4 The Customer must not store dangerous goods, illegal goods, flammable goods, explosives, toxic materials, perishable goods, or prohibited items without written approval.

11.5 The Customer remains responsible for insurance, safety, security, and legal compliance of any goods stored inside the container.

12. Markings, Plates and Identification

12.1 Upon receipt of a purchased container, the Customer shall, at the Customer’s own cost, remove Movements International’s ownership markings, prefixes, logos, names, or related identification if required.

12.2 If the Customer requests inspection, re-inspection decals, data plate updates, or documentation, these may be arranged at the Customer’s cost.

12.3 Any inspection, decal, plate, or document does not create any warranty regarding the container’s condition, regulatory compliance, safety, or suitability.

13. Compliance, Permits and Taxes

13.1 The Customer is responsible for all permits, approvals, licenses, customs clearance, tax clearance, engineering certificates, council approvals, import approvals, and legal requirements relating to the container or service.

13.2 The Customer is responsible for all taxes, duties, VAT, customs charges, levies, government fees, transfer fees, registration fees, fines, penalties, and related charges.

13.3 The Customer shall provide proof of compliance and tax payment if requested by Movements International.

13.4 The Customer shall indemnify Movements International against all claims, taxes, duties, penalties, fines, and costs caused by the Customer’s failure to comply with legal or tax obligations.

14. Insurance

14.1 The Customer is responsible for arranging suitable insurance for:

a. purchased containers;
b. leased containers;
c. goods stored inside containers;
d. cargo, stock, equipment, or products;
e. transport risk;
f. public liability;
g. site risk; and
h. damage, theft, fire, cyclone, flood, or accident.

14.2 Movements International is not responsible for product damage, cargo loss, food spoilage, temperature loss, business interruption, or damage to goods stored inside containers.

15. Disclaimer of Warranties

15.1 Unless expressly stated in writing, Movements International makes no warranty, guarantee, representation, or condition regarding:

a. container age;
b. capacity;
c. value;
d. quality;
e. durability;
f. condition;
g. design;
h. workmanship;
i. materials;
j. construction;
k. operation;
l. performance;
m. merchantability;
n. fitness for purpose;
o. absence of defects;
p. compliance with laws or regulations;
q. suitability for the Customer’s intended use;
r. reefer machinery operation; or
s. refrigerant type or condition.

15.2 All implied warranties are excluded to the maximum extent permitted by law.

15.3 The Customer accepts that used containers may have known or unknown, visible or hidden, internal or external defects.

16. Limitation of Liability

16.1 Movements International shall not be liable for:

a. loss of profits;
b. loss of business;
c. loss of income;
d. loss of cargo;
e. food spoilage;
f. product damage;
g. site delays;
h. third-party delays;
i. transport delays;
j. special damages;
k. indirect damages;
l. incidental damages;
m. punitive damages;
n. consequential damages; or
o. any loss caused after delivery, pickup, release, or customer acceptance.

16.2 Movements International’s total liability, if any, shall be limited to the amount paid by the Customer for the specific container or service giving rise to the claim.

17. Customer Indemnity

17.1 The Customer shall defend, indemnify, and hold harmless Movements International, its owners, directors, employees, agents, contractors, and representatives from and against all claims, losses, damages, liabilities, demands, actions, proceedings, penalties, fines, costs, and expenses, including legal fees, arising from:

a. purchase, lease, pickup, delivery, storage, use, repair, modification, operation, resale, or disposal of any container;
b. injury, death, property damage, cargo loss, or product damage after delivery or pickup;
c. improper maintenance, lack of inspection, misuse, overloading, unsafe site conditions, or unauthorised alterations;
d. failure to obtain permits, approvals, certifications, or insurance;
e. non-payment of taxes, duties, fees, or government charges;
f. unlawful, unsafe, or unauthorised use of the container;
g. acts or omissions of the Customer, its staff, agents, contractors, or transport providers.

18. Cancellation and Suspension

18.1 Movements International may cancel, suspend, or delay any sale, lease, delivery, pickup, work order, or service if:

a. payment is not received;
b. the Customer fails to provide required information;
c. the site is unsafe or inaccessible;
d. required permits or approvals are not available;
e. materials, containers, or parts are unavailable;
f. transport, port, customs, or supplier delays occur;
g. the Customer breaches these Terms & Conditions; or
h. any event beyond Movements International’s control occurs.

18.2 Movements International shall not be liable for loss or damage caused by cancellation, suspension, or delay due to reasons outside its reasonable control.

19. Force Majeure

19.1 Movements International shall not be liable for delay or failure to perform due to events beyond its reasonable control, including cyclone, flood, storm, fire, natural disaster, strike, labour shortage, transport delay, port congestion, customs delay, supplier failure, shipping delay, equipment breakdown, government restriction, accident, pandemic, or supply chain disruption.

20. Assignment

20.1 The Customer may not assign, transfer, sublease, sell, charge, or pass any rights or obligations under these Terms & Conditions without prior written consent from Movements International.

20.2 Movements International may refuse consent at its sole discretion.

21. Waiver and Remedies

21.1 Failure by Movements International to enforce any right shall not be treated as a waiver.

21.2 Any waiver must be in writing.

21.3 Movements International’s remedies are cumulative and are in addition to any other remedies available under law.

22. Governing Law and Jurisdiction

22.1 These Terms & Conditions shall be governed by the laws of Fiji.

22.2 Any dispute, claim, or controversy arising from these Terms & Conditions, any container sale, lease, service, delivery, repair, modification, storage, or related transaction may be brought before the courts of Fiji.

22.3 The Customer agrees to pay Movements International’s legal costs, debt collection costs, and attorney fees incurred in enforcing these Terms & Conditions or recovering unpaid amounts.

23. Entire Agreement

23.1 These Terms & Conditions, together with any quotation, invoice, sale release, lease agreement, delivery note, job sheet, work order, or written confirmation, constitute the entire agreement between Movements International and the Customer.

23.2 These Terms & Conditions supersede all prior discussions, negotiations, promises, representations, or agreements relating to the container or service.

23.3 Any amendment or variation must be in writing and approved by Movements International.

CUSTOMER ACKNOWLEDGEMENT

By signing below, paying a deposit, making full payment, accepting a quotation, receiving an invoice, collecting a container, taking delivery, using a container, or accepting any service from Movements International, the Customer confirms that they have read, understood, accepted, and agreed to these Terms & Conditions.