Limited Leak Warranty

“Eligible Container” means a standard dry-freight shipping container (20′, 40′, or 40′ High Cube) sold and delivered by CVC to the Customer and identified on the CVC invoice as Used / Wind & Water Tight or One-Trip. Containers listed in Section 2.3 are not Eligible Containers.

“Delivery Date” means the date the container was delivered to the original purchaser as shown in CVC’s records.

“Wind and Water Tight” (WWT) means the container is suitable for dry storage and resists the entry of wind-driven rain through the roof, walls, and closed cargo doors under normal conditions. WWT does not mean the container is airtight, insulated, condensation-free, cargo-worthy for ocean shipping, CSC-plated, cosmetically uniform, or free of surface rust.

“Qualifying Leak” means the entry of outside water into the interior of the container through a hole, crack, seam separation, perforation, or through-corrosion in the container’s roof panel or steel wall system, where that condition is not excluded under Section 9 and where the Customer has met the conditions in Sections 7, 8, and 13.

Condensation, humidity, water entering through the cargo-door seals or gaskets, and water entering at or around any modification not performed or authorized by CVC are not Qualifying Leaks.

2.1 Original purchaser only. This Warranty applies only to the original purchaser of an Eligible Container purchased directly from Central Virginia Containers, and only if the purchase price has been paid in full.

2.2 Not transferable. This Warranty is not transferable. If the container is sold, gifted, assigned, or otherwise transferred, this Warranty does not transfer with it and terminates as of the date of transfer.

2.3 Containers not covered. This Warranty does not apply to:

• rental containers (governed by the applicable CVC Rental Agreement);
• containers sold “as-is,” as-damaged, as-scrap, or in any grade other than Used/WWT or One-Trip;
• containers not purchased directly from CVC;
• refrigerated, insulated, tank, flat-rack, open-top, or other specialty units, unless CVC issues a separate written warranty for the unit;
• containers that had been modified, cut, or repaired by another party before CVC sold them; or
• containers whose container identification number has been removed, altered, or rendered illegible.

2.4 Proof of purchase. A CVC invoice or order number is required to make a claim. CVC may also request the container identification number.

• Used / Wind & Water Tight (WWT): six (6) years from the Delivery Date.
• One-Trip: fifteen (15) years from the Delivery Date.

The Delivery Date shown in CVC’s records controls. Coverage ends at 11:59 p.m. on the final day of the applicable period, subject only to the reporting deadline in Section 13.2.

A repair or replacement performed under this Warranty does not restart or extend the warranty period. Repaired areas and replacement containers are covered for the remainder of the original period only.

Subject to the conditions and exclusions in this Warranty, CVC warrants that the Eligible Container will be free from Qualifying Leaks during the applicable warranty period.

This Warranty is a limited leak warranty only. It is not a structural warranty, a cosmetic warranty, a corrosion warranty, a maintenance agreement, an insurance policy, or a guarantee against condensation.

If CVC determines a claim is covered, CVC will select the remedy. The remedy may include:

• repairing the Qualifying Leak;
• authorizing a qualified third-party contractor to perform the repair at CVC’s expense;
• replacing the container with a container of comparable type and condition;
• refunding all or a prorated portion of the purchase price; or
• another reasonable resolution agreed to in writing by CVC and the Customer.

CVC will select among these based on the nature and location of the leak, the age and overall condition of the container, the feasibility and cost of repair, and site access.

Repairs are functional, not cosmetic. Patch material, welds, coatings, and paint used in a warranty repair may differ in color, texture, or finish from the surrounding container. CVC may use new, used, or reconditioned materials.

A Customer may not select the remedy or incur repair expenses on CVC’s behalf without CVC’s prior written authorization.

6.1 Notice and inspection. CVC must be notified and given a reasonable opportunity to inspect a claimed leak before permanent warranty repairs are performed.

6.2 Authorization. CVC must authorize any repair for which reimbursement is requested.

6.3 Inspection methods. CVC may inspect the container itself, may send a person designated by CVC, or may request photographs, video, or documentation in place of or in addition to an on-site inspection.

6.4 Emergency mitigation. If immediate action is reasonably necessary to prevent further damage, the Customer should take temporary mitigation measures only, such as tarping or covering, and contact CVC immediately. Temporary mitigation does not require prior authorization.

6.5 Effect on coverage. Cutting, welding, patching, sealing, coating, or drilling performed by the Customer or a third party not authorized by CVC may affect coverage for the affected area, as described in Section 10.

Proper placement is a condition of coverage. The Customer is responsible for the site, the foundation, and the ongoing support of the container after delivery.

7.1 Ground. The container must be placed on firm, stable, well-drained ground. It must not be placed where water pools, collects, or stands against the container.

7.2 Support. The container must be supported at its corner castings, and at intermediate points as needed, on level, load-bearing blocking such as concrete pads, solid blocks, timbers, or a compacted gravel pad. The container must not rest directly on soft soil, mud, or sod, and must not be supported only at its midpoints.

7.3 Level. The container must be kept reasonably level so that the roof drains and the cargo doors seat and seal properly. Containers settle over time. Monitoring and re-leveling the container is the Customer’s responsibility.

7.4 Prohibited placements. Coverage does not apply to a container that has been buried, partially buried, backfilled against, bermed, used as a retaining wall or foundation, submerged, or covered with soil or similar material.

7.5 Stacking. Containers must be stacked only corner-casting to corner-casting on level, load-bearing ground using appropriate stacking hardware. Improper stacking voids coverage for the affected units.

7.6 Roof loading. The roof is not designed to carry sustained loads. Do not store material on the roof, mount structures to the roof, or allow snow or ice to accumulate. Do not penetrate the roof or walls without CVC’s prior written authorization.

Shipping containers are durable industrial products, but they require reasonable maintenance. Performing this maintenance is a condition of coverage where a maintenance failure causes or contributes to the claimed condition.

8.1 Keep the roof clear. Do not allow leaves, branches, dirt, debris, snow, or ice to remain on the roof where they can trap moisture or block drainage.

8.2 Prevent standing water. Take reasonable steps to prevent water from standing or being trapped on the roof or against the container.

8.3 Inspect and address corrosion. Inspect the container periodically, and address exposed steel, damaged coatings, scratches through the paint, and developing surface rust before deterioration progresses. Containers placed near salt water, near livestock, or in continuously damp locations require more frequent inspection and touch-up.

8.4 Maintain doors, seals, and hardware. Keep door seals clean, keep hinges and locking bars lubricated, and replace worn seals and gaskets. These components are consumable and are the Customer’s responsibility.

8.5 Ventilate. Manage the interior environment to limit condensation, including using existing vents, adding ventilation where appropriate, and not storing wet or moisture-generating contents.

8.6 Effect of inadequate maintenance. Damage, deterioration, or leaks caused by or materially contributed to by a failure to perform this maintenance are not covered. For example, if debris is allowed to remain on the roof and traps moisture until corrosion perforates the panel, that condition is not covered.

A maintenance failure does not automatically cancel coverage for unrelated portions of the container. CVC evaluates coverage based on whether the maintenance failure caused or contributed to the specific claimed condition.

This Warranty does not cover:

9.1 Condensation, humidity, and interior moisture. Condensation is not a leak. Moisture caused by humidity, temperature change, inadequate ventilation, wet or moisture-generating contents, or storage practices is excluded, as is any damage resulting from it.

9.2 Mold, mildew, fungus, bacteria, odor, and pests. Growth, contamination, infestation, and any resulting remediation cost or property damage are excluded, whether or not associated with a covered condition.

9.3 Door seals, gaskets, and consumables. Rubber cargo-door seals, gaskets, hinges, locking hardware, lubricants, paint, and similar replaceable or consumable items.

9.4 Cosmetic condition. Dents, scratches, faded or mismatched paint, shipping marks, labels, markings, discoloration, minor deformation, prior cargo-use appearance, prior cosmetic repairs, and surface rust that has not caused a Qualifying Leak. Used containers are industrial equipment and are expected to show signs of prior use.

9.5 Structural conditions that do not cause a Qualifying Leak. This is not a general structural warranty.

9.6 Floors. Wood, bamboo, and composite flooring, floor coatings, floor fasteners, and any condition of the floor system, including moisture entering from below.

9.7 Improper maintenance, placement, or support. Any condition caused by or materially contributed to by a failure to meet Section 7 or Section 8.

9.8 Improper relocation or handling. Damage caused by improper lifting, loading, transportation, unloading, dragging, handling, support, leveling, or placement after delivery.

9.9 Accidents and external causes. Collision, machinery or equipment contact, impact, vandalism, theft, abuse, misuse, fire, explosion, chemical exposure, extraordinary loading, or other external causes.

9.10 Customer or unauthorized third-party work. Modifications, alterations, repairs, penetrations, or installations performed by the Customer or by a third party not authorized by CVC, as described in Section 10.

9.11 Events outside CVC’s control. As described in Section 17.

9.12 Stored contents and other property. As described in Section 16.

Customer pickup from a depot

Our warranties apply only to containers delivered or inspected by Central Virginia Containers. If you or your hired carrier picks up a container directly from a third-party depot, the container is not inspected or handled by our team and is therefore not eligible for a Central Virginia Containers warranty.

Containers picked up directly from a depot are purchased as-is. We recommend arranging an inspection before accepting the container.

A modification performed by the Customer or by a contractor not selected or authorized by CVC does not automatically void the entire remaining Warranty. However:

CVC is not responsible for leaks, damage, deterioration, or other conditions caused by or reasonably related to an unauthorized modification.

Example: If the Customer independently hires a contractor to install a window and water later enters through or around that window opening, the resulting leak is not covered.

Example: If a separate Qualifying Leak later develops on an unrelated portion of the container, such as the opposite wall, that claim may remain covered if it otherwise meets the terms of this Warranty.

CVC will determine whether a claimed condition is reasonably related to the unauthorized modification.

Modification work performed by CVC, or by a contractor specifically selected or authorized by CVC, does not by itself void this Warranty.

Installed components and products may carry their own manufacturer or product warranties, governed by the terms provided by the applicable manufacturer. Unless CVC expressly issues a separate written warranty, this Limited Leak Warranty does not create an additional or independent warranty for doors, windows, vents, HVAC equipment, electrical equipment, plumbing, locks, hardware, insulation, appliances, finishes, accessories, or other modification products, or for the workmanship of their installation.

The existence or absence of a separate product warranty does not by itself eliminate CVC’s leak coverage for an otherwise qualifying and unrelated portion of the original container shell.

The container may be relocated after delivery without automatically terminating this Warranty, provided it is moved, handled, supported, and placed properly.

Damage or leaks caused by improper lifting, loading, transportation, unloading, dragging, handling, support, placement, or leveling are not covered.

After relocation, the Customer remains responsible for meeting the requirements of Section 7. CVC may request information about any relocation when evaluating a claim, and may decline a claim if the Customer cannot reasonably document how the container was moved and re-set.

13.2 Deadlines. A suspected warranty issue must be reported to CVC within thirty (30) days after it is discovered or reasonably should have been discovered, and in no event later than thirty (30) days after the warranty period expires. Late reporting may result in denial of the claim, or exclusion of additional damage that timely notice could reasonably have prevented.

13.3 Information CVC may request.

• Customer name and contact information
• Delivery address and current container location
• CVC order or invoice number
• Container identification number
• Photographs of the exterior, interior, suspected leak location, and roof
• Photographs of the container’s support and site drainage
• Video showing the issue
• When and how the issue was discovered
• Maintenance history
• Information about any relocation
• Information about any repairs or modifications performed after delivery

13.4 Cooperation. CVC may deny a claim if the Customer does not provide reasonably requested information or does not permit inspection within a reasonable time.

After discovering a suspected leak, the Customer must take reasonable steps to prevent further damage, including moving stored property away from the affected area, protecting contents, and taking reasonable temporary mitigation measures.

The Customer should not perform permanent repairs before CVC has had a reasonable opportunity to inspect or authorize the repair, unless immediate action is reasonably necessary. Any emergency action must be reported to CVC immediately.

The Customer must provide safe, legal, and unobstructed access for CVC or its authorized contractor to inspect and repair the container, including sufficient room and ground conditions for service equipment and, where replacement is the remedy, for a delivery truck and trailer.

If the container has been enclosed, built onto or around, roofed over, decked, stacked, fenced in, or otherwise made inaccessible, the Customer is responsible for providing access at the Customer’s cost. CVC is not responsible for the cost of removing, disassembling, restoring, or reinstalling any structure, surface, landscaping, or improvement in order to reach or service the container.

Warranty service is provided within CVC’s normal service area. If the container has been relocated outside that area, CVC may require the Customer to pay reasonable additional travel, mobilization, or transport costs as a condition of service, or may elect a different remedy under Section 5.

This Warranty covers the Eligible Container only. It does not insure or warrant furniture, equipment, tools, inventory, vehicles, documents, household goods, merchandise, electronics, or any other property stored in or around the container.

Customers are responsible for determining whether separate insurance coverage is appropriate for stored property, and CVC recommends obtaining it.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WHETHER THE CONTAINER IS PURCHASED FOR PERSONAL, FAMILY, HOUSEHOLD, BUSINESS, OR COMMERCIAL USE, CVC IS NOT RESPONSIBLE UNDER THIS WARRANTY FOR LOSS OF OR DAMAGE TO PROPERTY STORED IN OR AROUND THE CONTAINER, WHETHER RESULTING FROM A LEAK, CONDENSATION, HUMIDITY, TEMPERATURE, MOLD, MILDEW, PESTS, THEFT, OR ANY OTHER CONDITION.

This Warranty does not cover damage caused by events or conditions outside the ordinary performance of the container, including severe storms, hail, high wind, hurricanes, tornadoes, flooding, standing water, fire, lightning, falling trees or limbs, earthquake, collision, vandalism, theft, riot, war, misuse, improper handling, extraordinary loading, unauthorized alterations, or other natural or external events that cause or contribute to the claimed condition.

CVC is also not responsible for delays in performing warranty service caused by conditions beyond its reasonable control, including weather, site conditions, supply shortages, labor disruptions, or transportation delays.

THE REMEDIES DESCRIBED IN SECTION 5 — REPAIR, CVC-AUTHORIZED THIRD-PARTY REPAIR, REPLACEMENT, REFUND, OR ANOTHER RESOLUTION AGREED TO IN WRITING BY CVC — ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATED TO A QUALIFYING LEAK OR THIS WARRANTY.

CVC will select the applicable remedy in accordance with Section 5.

If the exclusive remedy stated above is determined to fail of its essential purpose, the Customer’s remedies are those available under applicable law, and the limitations in Section 19 remain in effect to the fullest extent permitted by law.

19.1 Containers purchased for business or commercial use.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CVC IS NOT LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO AN ELIGIBLE CONTAINER OR THIS WARRANTY, INCLUDING LOSS OF USE, LOST PROFITS, LOST BUSINESS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO STORED CONTENTS OR OTHER PROPERTY, MOLD OR MILDEW REMEDIATION, SITE OR PROPERTY DAMAGE, THE COST OF SUBSTITUTE STORAGE, OR COSTS OF REMOVAL, ACCESS, OR REINSTALLATION. CVC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO AN ELIGIBLE CONTAINER OR THIS WARRANTY WILL NOT EXCEED THE PURCHASE PRICE PAID TO CVC FOR THAT CONTAINER.

19.2 Containers purchased for personal, family, or household use.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CVC IS NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO AN ELIGIBLE CONTAINER OR THIS WARRANTY, INCLUDING LOSS OF USE, LOSS OF OR DAMAGE TO STORED CONTENTS OR OTHER PROPERTY, MOLD OR MILDEW REMEDIATION, SITE OR PROPERTY DAMAGE, THE COST OF SUBSTITUTE STORAGE, OR COSTS OF REMOVAL, ACCESS, OR REINSTALLATION.

THIS SECTION 19.2 DOES NOT LIMIT LIABILITY FOR PERSONAL INJURY TO THE EXTENT SUCH A LIMITATION IS PROHIBITED BY APPLICABLE LAW.

19.3 State law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. Where such a limitation is not permitted, it applies to the maximum extent the law allows and the remainder of this Warranty remains in effect.

ANY IMPLIED WARRANTIES THAT APPLY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE APPLICABLE DURATION OF THIS LIMITED WARRANTY, TO THE EXTENT PERMITTED BY LAW.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

This Warranty gives you specific legal rights, and you may also have other rights that vary from state to state. Nothing in this Warranty is intended to exclude, disclaim, or limit any right that cannot lawfully be excluded, disclaimed, or limited.

CVC’s written promises regarding warranty coverage are limited to those expressly stated in this Warranty and in any other written warranty expressly issued by CVC for the transaction.

No employee, driver, contractor, sales representative, or other person is authorized to expand, modify, or waive this Warranty orally or in writing. Any change must be made in writing and signed by an authorized representative of Central Virginia Containers.

This Warranty is governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules, except to the extent applicable federal law controls.

Any action or proceeding arising out of or related to this Warranty shall be brought exclusively in the state courts located in Hanover County, Virginia, or in a federal court whose jurisdiction includes Hanover County, Virginia. The Customer and CVC each consent to the personal jurisdiction and venue of those courts.

If any provision of this Warranty is determined to be invalid, illegal, or unenforceable, the remaining provisions remain in effect to the maximum extent permitted by law, and the affected provision will be interpreted or limited only to the extent necessary to comply with applicable law.

This document is CVC’s complete written Limited Leak Warranty for Eligible Containers, except to the extent another written warranty expressly issued by CVC states otherwise.

CVC may revise this Warranty at any time. The version in effect on your Delivery Date governs your container. The current version and its effective date are posted at centralvirginiacontainers.com.

Central Virginia Containers

Mailing address for written notice: 17508 Pouncey Tract Rd, Rockville, VA 23146