Terms and Conditions

1. About These Terms

These Terms and Conditions apply to the website located at seacanguy.ca and to enquiries made through it. In these terms, “we”, “us”, and “our” refer to SeaCanGuys, operating as Sea Can Guys, and “you” refers to any visitor, enquirer, or customer.

By accessing this website, submitting a form, or requesting a quote, you acknowledge that you have read and agree to these terms. If you do not agree, please do not use this website.

Individual orders, rentals, leases, and modification projects are governed by the written quote, invoice, rental agreement, or other contract issued for that transaction. Where a signed agreement or accepted quote conflicts with these terms, that document takes precedence for that transaction.

We may revise these terms from time to time. The version published on this page at the time you submit an enquiry applies to that enquiry. Changes are not applied retroactively to orders already confirmed.

2. Use of This Website

You may use this website for lawful purposes only. You agree not to:

• Use the website in any way that damages, disables, overburdens, or impairs it, or interferes with another party’s use of it
• Attempt to gain unauthorized access to the website, its servers, databases, or any connected system
• Use automated systems, bots, or scrapers to harvest content, images, or contact information without our written permission
• Submit false, misleading, fraudulent, or impersonating information through our forms
• Transmit malware, viruses, or any other harmful code
• Use the website or its content for competitive intelligence or to build a competing service

We may suspend, restrict, or terminate access to the website at any time, without notice, where we reasonably believe these terms have been breached.

3. Website Content and Accuracy

We take reasonable care to keep the information on this website current and accurate. However, container specifications, dimensions, capacities, weights, availability, and pricing change regularly and are provided for general guidance only.

Photographs and images on this website are representative of a container type and are not photographs of the specific unit you will receive. Photographs of available stock can be requested before you order.

Content on this website does not constitute an offer capable of acceptance. Nothing here should be relied on as engineering, structural, permitting, zoning, or professional advice for your specific project.

4. Quotes and Pricing

Prices and availability discussed or displayed are indicative and subject to confirmation. All quotes are subject to current stock, container condition, delivery distance, site access, and prevailing costs at the time an order is placed.

• Quotes are valid for the period stated on the quote. Where no period is stated, a quote is valid for 30 days from its date, unless withdrawn earlier
• Quoted prices exclude applicable federal and provincial taxes unless the quote expressly states otherwise
• Delivery is quoted separately from the container price unless the quote states that delivery is included
• Additional charges may apply for crane placement, extended reach, difficult access, waiting time, return trips, or after-hours delivery
• We may correct genuine pricing or specification errors, including after a quote has been issued. Where a corrected price is materially higher, you may cancel without penalty and any deposit paid will be refunded

5. Orders and Acceptance

Submitting a quote request or form through this website is an enquiry, not an order, and does not create a binding contract.

A contract is formed only when we confirm your order in writing and any required deposit has been received. Until that point, we may decline any enquiry or order for any lawful reason, including unavailability of stock, inability to deliver to your location, or inability to verify the information provided.

Before your order is confirmed, we will provide the container type and condition, the total price including delivery and taxes, the expected delivery timeframe, and the payment and cancellation terms that apply.

6. Container Condition and Description

Containers are supplied in the condition described in the applicable quote or order confirmation.

• New or one-trip units have generally completed limited prior use and may show minor cosmetic marks, scuffs, or surface blemishes consistent with ocean transport
• Used units are supplied in the grade described and may show dents, surface rust, prior repairs, patched areas, mismatched paintwork, faded markings, and other cosmetic wear
• Dimensions, capacities, and weights are approximate and may vary by manufacturer, age, and build specification
• Unless expressly stated in writing, containers are not supplied as watertight-certified, cargo-worthy certified, food-grade, or habitable structures

Where exact specifications, certifications, or tolerances matter to your project, confirm them with us in writing before ordering. We are happy to do so.

Steel containers can experience internal condensation depending on climate, contents, ventilation, and use. Managing condensation is the responsibility of the owner or renter, and is not a defect in the container.

7. Payment Terms

• Payment terms are set out in the quote or invoice issued for your order
• A deposit may be required to secure stock, schedule delivery, or commence modification work
• Full payment is generally required before or on delivery, unless credit terms have been agreed in writing
• Title to a container remains with us until payment has been received in full
• Risk of loss or damage passes to you on delivery to your site
• Overdue accounts may be subject to interest at the rate stated on the invoice, together with reasonable costs of collection

Where an interest rate is charged on overdue amounts, the annual rate will be stated clearly on the invoice as required by applicable law.

8. Delivery and Site Requirements

Delivery dates and times are estimates. Delivery depends on weather, road conditions, seasonal road restrictions, equipment availability, ferry schedules, and logistics. We will make reasonable efforts to meet estimated dates and to notify you promptly of material delays.

Your responsibilities

You are responsible for ensuring the delivery site is ready and suitable. This includes:

• Safe, legal, and adequate access for a truck and trailer, including width, overhead clearance, and turning space
• Firm, level, well-drained ground capable of supporting the container and the delivery vehicle in the conditions on the day
• Obtaining any permits, approvals, or permissions required by your municipality, landlord, strata, or property owner
• Identifying and marking underground services, septic fields, wells, utilities, and other hazards before delivery
• Ensuring the placement area is clear of vehicles, materials, and obstructions
• Having an authorized person available on site to direct placement, where required

Failed or obstructed delivery

If delivery cannot be completed because the site is unsuitable, access is blocked, permits are not in place, or no one is available to receive the container, a return trip or re-delivery charge may apply.

Where you direct us to place a container at a specific location, we are not responsible for damage to driveways, lawns, curbs, paving, landscaping, septic systems, or underground services arising from reasonable and careful delivery to that location. We remain responsible for damage caused by our own negligence.

9. Rentals and Leases

Rental and lease arrangements are governed by the rental or lease agreement issued for that transaction. In general:

• Minimum rental periods, rates, billing cycles, and notice requirements are set out in your agreement
• You are responsible for the container while it is in your possession, including loss, theft, vandalism, and damage beyond normal wear
• You may be required to maintain insurance covering the container for its replacement value
• You may not modify, paint, cut, drill, weld, or alter a rented container without our written permission
• You may not relocate a rented container without notifying us in advance
• You may not sublet, assign, or transfer possession to a third party without our written consent
• The container must not be used for any unlawful purpose, or to store hazardous, flammable, perishable, or prohibited materials
• Collection charges apply at the end of the rental term, and the site must be accessible and the container empty for pickup

Rental agreements will state clearly any automatic renewal terms, the notice required to end the rental, and any charges that apply on termination.

10. Modifications and Custom Work

Where your order includes modification or customization, the scope, specification, timeline, and price will be set out in a written quote or work order agreed before work begins.

• Custom work generally requires a deposit and is non-cancellable once fabrication has commenced
• Changes requested after work has begun may affect price and timeline, and will be confirmed in writing
• You are responsible for confirming that a modified container complies with any building code, zoning, permit, or inspection requirements applicable at your site
• Unless expressly agreed in writing, we do not provide engineered drawings, stamped structural certification, or occupancy approvals

11. Cancellations and Changes

You may cancel a confirmed order before dispatch, subject to a cancellation charge reflecting costs we have already reasonably incurred, such as transport scheduling, restocking, or fabrication already performed.

• Once a container has been dispatched, cancellation may not be possible and delivery charges may still apply
• Containers modified or customized to your specification are generally non-cancellable and deposits may be non-refundable once work has begun
• Containers are not returnable due to change of mind

If you believe a delivered container does not match its description, notify us in writing within 7 days of delivery, with photographs, so that we can assess the issue. This timeframe does not limit any longer period available to you under applicable consumer protection law.

12. Warranties and Consumer Rights

Any warranty offered on a container or on modification work will be stated in your quote, invoice, or agreement. Where a warranty applies, it covers the specific defects described for the stated period.

Unless expressly stated otherwise, warranties do not cover:

• Normal wear, surface rust, cosmetic marks, fading, or weathering
• Condensation and its effects
• Damage from misuse, overloading, improper siting, or inadequate foundation
• Damage from unauthorized modification, cutting, or welding
• Damage from extreme weather, flooding, vandalism, or accident
• Corrosion resulting from the storage of chemicals or corrosive materials

Nothing in these terms excludes, restricts, or modifies any statutory condition, warranty, guarantee, right, or remedy that applies to you under the Consumer Product Warranty and Liability Act (New Brunswick), the Competition Act, or other applicable federal or provincial consumer protection legislation, where those rights cannot lawfully be excluded. Where such rights apply, these terms are read subject to them.

This website and its content are provided on an “as is” basis. To the extent permitted by law, we make no warranty regarding the uninterrupted availability of the website.

13. Limitation of Liability

To the fullest extent permitted by applicable law, and subject to section 12, we are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profit, loss of business or contracts, project delay costs, or loss of data, arising from your use of this website or from the supply, delivery, rental, or modification of a container.

Subject to section 12, our total aggregate liability in connection with any order will not exceed the amount you paid to us for that order.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any matter for which liability cannot be limited under applicable consumer protection law.

14. Financing

Where financing is arranged through a third-party lender or leasing provider, your credit agreement is directly with that provider and is subject to their terms, conditions, disclosure requirements, and credit approval.

We are not the lender, do not provide credit, and do not guarantee approval. We are not responsible for the terms offered by a financing provider or for their decisions. Any information you provide for a financing application is shared with that provider at your request, as described in our Privacy Policy.

15. Intellectual Property

All content on this website, including text, photographs, graphics, layout, design, and the Sea Can Guys name and logo, is owned by us or used under licence, and is protected by Canadian copyright and trademark law.

You may view, download, and print pages from this website for your own reference or for the purpose of evaluating a purchase. You may not reproduce, republish, modify, distribute, or use our content for commercial purposes without our prior written permission.

16. Privacy

Personal information you submit through this website is handled in accordance with our Privacy Policy, which forms part of these terms. Please review it to understand what we collect, how we use it, and the rights available to you.

17. Governing Law

These terms are governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable in that province.

You agree that the courts of New Brunswick have jurisdiction over any dispute arising from these terms or from your use of this website. Where you are a consumer, this does not deprive you of the protection of mandatory provisions of the law of the province or territory in which you reside, or of your right to bring a claim in the courts of that jurisdiction where applicable law permits.

18. General Provisions

Severability

If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

No waiver

Our failure to enforce any provision of these terms does not waive our right to enforce it later.

Force majeure

We are not liable for delay or failure to perform where caused by events beyond our reasonable control, including severe weather, road closures, labour disruption, supply shortages, carrier failure, fire, flood, or acts of government.

Assignment

You may not assign or transfer your rights under an order without our written consent. We may assign our rights and obligations in connection with a sale, merger, or transfer of our business.

Entire agreement

These terms, together with the quote, invoice, or agreement issued for your order and our Privacy Policy, constitute the entire agreement between us regarding your use of this website and any resulting transaction.

Language

These terms are provided in English. Ces conditions sont fournies en anglais. A French version can be provided on request.