Terms & Conditions

1. Parties & Agreement

Orbix Containers & Structures ("Orbix", "we", "us", "our"), a company registered in South Africa with its principal place of business at 19A Chevrolet Street, Markman Industrial, Port Elizabeth (Gqeberha), Eastern Cape, 6001, South Africa.

The "Customer", "you" or "your" refers to the individual, company or entity purchasing, hiring or enquiring about products or services from Orbix.

By placing an order, signing a quotation, paying a deposit, or otherwise engaging Orbix for the supply of goods or services, you agree to be bound by these Terms & Conditions in their entirety. These terms form the complete agreement between the parties and supersede all prior representations, negotiations or proposals.

2. Product Descriptions & Condition

Orbix supplies new and used shipping containers, storage containers, modular offices, welfare units, flat-pack structures and bespoke container conversions. Product descriptions, dimensions and specifications are provided in good faith and based on manufacturer data or inspection reports.

• New / One-Trip Containers: Containers that have made one voyage from the factory. Minor surface marks or cosmetic imperfections do not constitute a defect.
• Used / Cargo-Worthy Containers: Ex-shipping line containers inspected and certified as wind and watertight (WWT). Used containers may show rust, dents, surface staining and paint variation consistent with commercial use.
• Grade A Containers: Near-new condition, one or few trips. Structural integrity equivalent to new.
• Modified / Converted Units: Containers modified to specification. Custom builds are subject to separate scope of work agreements.

Orbix reserves the right to substitute equivalent units of the same grade, size and type where a specific unit is no longer available, with prior Customer notification.

3. Pricing & Payment

All prices are quoted in South African Rand (ZAR), United States Dollars (USD) or Euros (EUR) as agreed at the time of quotation. Quoted prices are exclusive of VAT (15% for South African transactions) and delivery unless explicitly stated.

• Quotations are valid for 14 calendar days from the date of issue unless otherwise stated.
• A 50% non-refundable deposit is required to confirm an order. The remaining balance is due before delivery or collection.
• Payment methods: EFT bank transfer, credit/debit card (via secure payment gateway), or as agreed in writing.
• Orbix reserves the right to revise pricing prior to order confirmation if material costs, exchange rates or logistics costs change materially.
• Late payment: outstanding balances attract interest at 2% per month compounded from the due date.
• All bank charges, forex fees or transfer costs are the Customer's responsibility.

4. Orders & Acceptance

An order is only confirmed upon receipt of a signed quotation or written purchase order and the required deposit payment. Verbal orders or email requests without deposit payment do not constitute a confirmed order.

Orbix will issue a written order confirmation (email or document) upon successful confirmation. The Customer must notify Orbix of any discrepancies within 48 hours of receiving the order confirmation.

Orbix may decline any order at its discretion without obligation to provide reasons.

5. Delivery & Installation

Delivery timelines are estimates only. Orbix will use reasonable efforts to deliver within the agreed window but accepts no liability for delays caused by force majeure, transport disruptions, port congestion, permit delays or circumstances beyond our control.

• Delivery includes: Transport to the kerbside/driveway access point nearest to the site. Crane or tilt-tray placement where included in the quotation.
• Customer responsibilities: Ensure adequate site access (minimum 3.5m clearance height, suitable ground surface for crane truck), obtain any local authority permits required for placement, and have a representative present at delivery.
• Failed delivery: If delivery cannot be completed due to inadequate access or no-show, the Customer will be charged a re-delivery fee at the prevailing rate.
• Collection: Customers may collect from our depot by appointment. Units must be collected within 7 days of notification of availability, otherwise storage charges apply.
• Risk of damage or loss transfers to the Customer upon delivery to the agreed drop point.

6. Title & Risk

Title (ownership) of the goods remains with Orbix until full payment of all amounts owing has been received. Until then, the Customer holds the goods as bailee.

Risk transfers to the Customer upon physical delivery of the goods to the agreed delivery address or upon collection from our depot.

The Customer must insure the goods for their full replacement value from the time risk transfers. Orbix accepts no liability for damage, theft or loss after delivery.

7. Warranty

Orbix provides the following warranties on products supplied:

• New / One-Trip Containers: 12-month structural warranty against manufacturing defects. Wind and watertight guarantee for 12 months from delivery.
• Used / Second-Hand Containers: 90-day wind and watertight warranty from delivery, subject to the Customer's reasonable care and maintenance.
• Modified / Converted Units: 12-month workmanship warranty on modifications. Electrical installations carry a 12-month warranty; plumbing installations carry a 6-month warranty.
• Modular / Prefab Structures: Manufacturer warranty applies (typically 12–24 months). Refer to the specific product warranty document.

The warranty does not cover damage from misuse, improper installation, exposure to chemicals, fire, flood, vandalism, acts of God, or normal wear and tear. Full warranty terms are available at orbixcontainers.com/warranty.html.

To make a warranty claim, contact sales@orbixcontainers.com with photographic evidence and your order reference within the warranty period.

8. Returns & Refunds

Due to the nature of our products (heavy industrial equipment, customised modifications), returns are subject to specific conditions. Please review our full Returns & Refund Policy.

• Bespoke or customised units cannot be returned unless a manufacturing defect is proven.
• Standard stock units may be returned within 14 days of delivery if in original, undamaged condition, subject to a restocking fee of up to 20% of the purchase price.
• Deposits are non-refundable once the unit has been allocated or production/modification has commenced.
• Refunds for approved returns are processed within 10 business days via the original payment method.

9. Hire Agreements

Container hire and rental is subject to a separate Hire Agreement signed by both parties. Key terms include:

• Minimum hire period: 1 month. Hire is billed monthly in advance.
• A refundable security deposit (typically one month's hire) is required at commencement.
• The Customer is responsible for all damage occurring during the hire period beyond fair wear and tear.
• End-of-hire: the Customer must return the unit clean and undamaged. Collection charges apply if the Customer fails to arrange return.
• Early termination: notice of at least 30 days is required. Hire charges continue until the unit is collected by Orbix.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Orbix's total liability to the Customer for any claim arising from these terms shall not exceed the purchase price paid for the specific goods or services giving rise to the claim.

Orbix shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, loss of revenue, loss of data or business interruption, whether arising in contract, tort or otherwise.

Nothing in these terms limits Orbix's liability for death or personal injury caused by gross negligence, fraud or any liability that cannot be limited by law.

11. Dispute Resolution

In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation within 14 days of written notice.

If unresolved, the dispute shall be submitted to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA). If mediation fails, the matter shall be referred to binding arbitration. The arbitrator's decision shall be final and binding.

Nothing prevents either party from seeking urgent injunctive relief from a competent court to prevent irreparable harm.

12. Governing Law

These Terms & Conditions are governed by the laws of the Republic of South Africa. The Customer submits to the exclusive jurisdiction of the High Court of South Africa, Eastern Cape Division (Gqeberha), for all disputes arising from these terms.

For international customers (USA, EU and other jurisdictions), additional protections under applicable consumer protection laws may apply. These terms do not limit any statutory rights you have under the laws of your jurisdiction.

If any provision of these terms is found to be unlawful or unenforceable, the remaining provisions shall continue in full force and effect.