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Used Conex Agreement

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USED CONEX AGREEMENT

This Used Conex Agreement (the Agreement) is made as of between Seller/Owner Name: and Buyer/Lessee Name: .

WHEREAS

WHEREAS, Seller is the lawful owner of the used container unit described below and has authority to sell or transfer title to such unit; and

WHEREAS, Buyer desires to purchase and Seller desires to sell the used conex unit on the terms and conditions set forth in this Agreement.

WHEREAS, the parties intend that this Agreement governs the sale, delivery, inspection, and acceptance of the used conex and related obligations.

CONEX DESCRIPTION

SCOPE OF WORK / SALE

Seller agrees to transfer and deliver, and Buyer agrees to purchase and accept, the used conex unit described above subject to the terms set forth below. The specific obligations, modifications, repairs, or services to be performed in connection with the unit are described in the Scope of Work section.

PAYMENT TERMS

Purchase Price: Buyer shall pay Seller the total purchase price for the used conex unit as follows.

DELIVERY, INSPECTION, AND ACCEPTANCE

Delivery Location:

Buyer shall inspect the unit within the inspection period. If Buyer does not provide written notice of rejection within the inspection period specifying defects to be cured, the unit shall be deemed accepted. If Buyer rejects the unit properly, the parties shall follow the remedies set forth in this Agreement.

TITLE, RISK OF LOSS, AND TAXES

Title to the unit and all risk of loss shall transfer to Buyer upon delivery and full payment, unless otherwise agreed in writing. All taxes, registration fees, and transfer costs arising from the sale shall be borne by .

WARRANTIES AND DISCLAIMERS

Seller warrants that Seller has good and marketable title to the unit, free of liens and encumbrances other than those disclosed in writing. Except for title as stated, the unit is sold AS-IS, WHERE-IS, with no other warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, except as expressly provided in this Agreement.

CONFIDENTIALITY

The parties acknowledge that in the course of negotiation and performance they may have access to confidential commercial information. Each party agrees to keep confidential all non-public business information received from the other party and to use such information solely to perform obligations under this Agreement. Confidential information does not include information that (a) becomes publicly available through no fault of the receiving party; (b) was already lawfully in the receiving party's possession; or (c) is required to be disclosed by law or valid subpoena, provided the disclosing party is given prompt notice to contest the disclosure.

TERM AND TERMINATION

This Agreement begins on and shall terminate on unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach by the other party if the breach remains uncured after days' written notice. Upon termination, any escrowed funds shall be disbursed in accordance with the parties' written agreement and applicable law.

INDEMNIFICATION

Each party shall indemnify, defend, and hold harmless the other party from and against any losses, liabilities, costs, or claims arising out of its negligence, willful misconduct, or breach of this Agreement, including reasonable attorneys' fees.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of law principles. Exclusive venue for disputes shall be the state or federal courts located in the county where Seller's principal place of business is located, unless otherwise agreed in writing.

ENTIRE AGREEMENT

This Agreement, including any attachments, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral. No amendment or modification of this Agreement shall be effective unless in a writing signed by both parties.

MISCELLANEOUS PROVISIONS

Notices required under this Agreement shall be in writing and delivered to the parties at their respective addresses. Any waiver of a breach must be in writing signed by the waiving party. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Seller / Owner

Printed Name:

By:

Date:

Buyer / Lessee

Printed Name:

By:

Date:

Enter text✕

What a Used Conex Agreement Covers

A Used Conex Agreement is a written contract used to transfer ownership, lease, or sell a pre-owned shipping container (conex) between parties. It documents the parties' identities, the container's unique identifier or serial number, the stated condition, price or rental terms, delivery and pickup logistics, allocation of risk of loss, and any warranties or disclaimers. The agreement clarifies title transfer mechanics, lien and encumbrance representations, inspection and acceptance windows, and remedies for breach so both buyer and seller have a clear record of obligations.

Why a Formal Agreement Matters

Using a written Used Conex Agreement reduces ambiguity about condition, transfer of title, payment, and delivery, and provides evidence if disputes arise. For electronic signing and storage, platforms that comply with ESIGN (15 U.S.C. §7001) and UETA help preserve enforceability of the contract.

Why a Formal Agreement Matters

Typical Parties and Users

Common users include sellers, buyers, and lease providers who need a documented chain of custody and clear payment and delivery terms.

  • Independent container dealers who buy, refurbish, and resell used conex units.
  • Construction and contracting firms that rent or purchase containers for site storage and workspace.
  • Logistics firms and brokers arranging transport, storage, or consignment sales.

The agreement also serves brokers, logistics providers, and lenders who require proof of title status and condition before financing, storage, or transport.

Core Signer Profiles

Container Dealer

A dealer typically documents inspection, refurbishment, and any warranty limits. They must provide accurate serial numbers, disclose known defects, and represent clear title; failure to disclose liens or damage can create warranty and restitution claims.

Site Operator

A contractor or site operator purchasing or leasing a container must confirm delivery access, acceptance procedures, and payment milestones. They are responsible for timely inspection and for following specified acceptance windows to preserve remedies.

Essential Clauses to Include

A professional Used Conex Agreement groups critical terms so parties can quickly locate obligations, inspections, title transfer language, and remedies.

Parties & IDs

Full legal names, business entity types, and contact details for buyer and seller, plus authorized signatory names and titles.

Container Description

Serial number, size, model, any identifying marks, and whether the unit is insulated, modified, or certified for cargo.

Condition & Inspection

Explicit condition statement, inspection period, and remedy if the unit is materially different from the description.

Price & Payment

Total price, deposit amount, payment schedule, accepted payment methods, and consequences of missed payments.

Delivery & Risk

Who arranges delivery, delivery window, FOB term or equivalent, and the point when risk of loss shifts to buyer.

Title & Liens

Seller representations on clear title, disclosure of liens or financing, and indemnification for undisclosed encumbrances.

Required Information and Fields

Seller Name: Full legal entity name
Buyer Name: Full legal entity name
Container ID: Manufacturer serial or ISO code
Condition Statement: As-is or specified repairs
Purchase Price: Numerical amount with currency
Delivery Terms: FOB, CPT, or similar term

Step-by-Step: Filling Out a Used Conex Agreement

Complete the agreement in order: identify parties, describe the unit, state condition and price, set delivery and payment terms, then finalize signature blocks and dates.

  • 01
    Identify parties: Enter full legal names and contact information.
  • 02
    Describe unit: Record container serial, dimensions, and visible condition.
  • 03
    Set payment terms: Specify deposit, balance due date, and accepted methods.
  • 04
    Sign and date: Ensure authorized representatives sign and include printed names.

Configuring an Online Completion Workflow

When you digitize the Used Conex Agreement, configure fields, authentication, and storage to preserve legal validity and auditability.

Workflow Field and Configuration Details Setting
Signature Type and Capture Enable ESIGN signatures and embedded audit trail
Authentication Level Required Email plus optional SMS code or ID check
Conditional Fields and Logic Show payment milestones only when deposit selected
Archive and Export Settings Store signed PDF/A and CSV metadata

How Electronic Completion Typically Works

A simple online signing flow follows upload, field placement, signer authentication, and final audit record capture.

  • Upload Document: Add the agreement PDF or DOCX to the platform.
  • Place Fields: Insert signature, date, and initial fields where required.
  • Invite Signers: Send signer email or generate a secure signing link.
  • Complete & Store: Signers finish signing; system saves PDF and audit trail.

Distribution and Platform Requirements

Confirm platform compliance with ESIGN and, where applicable, industry requirements such as HIPAA or industry-specific recordkeeping, and retain final signed copies in secure cloud storage.

  • Email Delivery: Standard method for signer notifications
  • Remote Notarization: Use RON where notarization is required
  • System Integrations: Connect CRM or storage for automated archiving

Common Timelines and Deadlines

The agreement should state specific deadlines for inspection, payment, delivery, and record retention so parties know timing and default consequences.

Inspection Period:

Typical 3–7 business days after delivery

Payment Due Date:

Specify exact due date or milestone percentage

Delivery Window:

Range of calendar days for pickup or drop-off

Acceptance Deadline:

Time limit to report defects and reject unit

Record Retention:

Retain signed contract per applicable retention rules

Common Mistakes to Avoid

  • Failing to record the container serial number precisely, which complicates identification and title verification.
  • Using vague condition descriptions like 'good condition' without photos or specific defect lists to limit disputes.
  • Omitting clear delivery terms or Incoterm-style language, leading to disputes over who bears transport costs and loss.
  • Not checking for outstanding liens or financing against the unit, which can result in claims from creditors.

Risks and Consequences of Incomplete Agreements

Title Dispute: Buyers may lose purchase price
Undisclosed Liens: Seller indemnity and creditor claims
Late Delivery: Damages or contract termination
Missing Signature: Enforceability challenges
Incorrect Payment Terms: Interest, collection costs
Improper Notarization: Rejection by banks or government

How a Used Conex Agreement Differs from a Bill of Sale

Compare common document formats to determine which instrument fits your transaction and which clauses you should include.

Criteria Used Conex Agreement Standard Bill of Sale
Primary Purpose detailed transfer terms simple ownership transfer
Condition Clauses yes, detailed often minimal
Delivery Terms included sometimes omitted
Warranties express/disclaimed rarely detailed

eSignature Vendor Pricing and Feature Comparison

Common vendor pricing and feature indicators to consider when choosing a platform for electronically executing and storing Used Conex Agreements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About Used Conex Agreements

Answers to common questions about enforceability, notarization, signing authority, cancellations, and storage of signed agreements.


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