Terms of Service

1. Acceptance of Terms

By accessing and using the IBC Santa Ana website (ibcsantaana.com), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these terms, please do not use this site or our services. These Terms of Service constitute a legally binding agreement between you ("Customer," "you," or "your") and IBC Santa Ana ("Company," "we," "us," or "our"), a business located at 1020 S Linwood Ave, Santa Ana, CA 92705.

Your use of our website, services, and the purchase of any products constitutes your agreement to these terms. We reserve the right to update or modify these terms at any time. Your continued use of the website following any changes indicates your acceptance of the revised terms. It is your responsibility to review these terms periodically for updates.

2. Products and Services

IBC Santa Ana provides used and new IBC tanks, totes, accessories, and related services including buying, selling, recycling, transportation, cleaning, and reconditioning of intermediate bulk containers. All products are sold as-is unless otherwise stated. Product descriptions and specifications are provided to the best of our knowledge and may vary.

We make reasonable efforts to accurately describe and photograph all products. However, due to the nature of used and reconditioned industrial containers, individual units may vary slightly from descriptions and images. Variations in color, surface condition, minor cosmetic marks, and label placement are normal for used products and do not constitute defects.

Product availability is subject to current inventory levels. We reserve the right to limit quantities, discontinue any product, and refuse any order. If a product becomes unavailable after you have placed an order, we will notify you promptly and offer alternatives or a full refund.

3. Pricing, Quotes, and Payment

All prices are quoted in US Dollars and are subject to change without notice. Quotes provided are valid for 7 days unless otherwise specified in writing. Payment terms will be agreed upon at the time of purchase. We reserve the right to refuse service to anyone for any reason at any time.

Pricing displayed on our website or provided via quote is based on current market conditions and inventory availability at the time of quotation. Prices may fluctuate due to changes in raw material costs, supply chain conditions, and market demand. A quote becomes a binding price only when accepted and confirmed by both parties in writing or via email.

Accepted payment methods include cash, company check, wire transfer, and ACH payment. For established business accounts, net-30 payment terms may be available upon credit approval. Late payments may be subject to a monthly interest charge of 1.5% on the outstanding balance. All invoices not paid within the agreed payment terms may result in suspension of future orders and services until the balance is settled.

Sales tax will be applied as required by California state and local tax regulations. Customers with valid California resale certificates may be exempt from sales tax upon providing proper documentation prior to purchase.

4. Product Condition, Grading, and Warranty

Used IBC tanks are sold in their current condition. While we inspect and grade all used containers, we cannot guarantee fitness for every specific application. It is the buyer's responsibility to ensure that products meet their specific requirements. Reconditioned tanks come with a limited warranty as described at the time of sale. New tanks carry the manufacturer's warranty.

Our grading system for used IBC tanks is as follows: Grade A tanks are in excellent condition with minimal cosmetic wear, no structural issues, and fully functional valves. Grade B tanks show moderate cosmetic wear (scuffing, minor discoloration) but remain structurally sound with working valves. Grade C tanks have significant cosmetic wear and may have minor cage damage but are still functional for non-critical applications. All tanks, regardless of grade, are leak-tested before sale.

For new products, the manufacturer's warranty applies. IBC Santa Ana acts as a reseller and is not responsible for manufacturing defects beyond honoring the manufacturer's warranty terms. Warranty claims must be made within the warranty period specified by the manufacturer.

Food-grade certification is provided only for tanks explicitly sold as food-grade. Certification documentation will be provided at the time of sale. It is the buyer's sole responsibility to verify that the tank meets the specific food safety requirements for their intended application, including but not limited to FDA, USDA, and FSMA requirements.

5. Orders and Order Confirmation

Submission of a quote request or inquiry does not constitute a binding order. An order is considered confirmed only when: (a) a quote has been provided and accepted by the customer, (b) payment has been received or payment terms have been agreed upon, and (c) the order has been confirmed by IBC Santa Ana via email or written communication.

We reserve the right to cancel or refuse any order for any reason, including but not limited to: product unavailability, pricing errors, suspected fraudulent activity, or inability to verify customer information. In the event of a cancellation by us, any payment already received will be refunded in full.

6. Delivery, Shipping, and Risk of Loss

Delivery dates and times are estimates only and are not guaranteed. While we make every effort to meet stated delivery windows, delays may occur due to traffic, weather, equipment issues, or other factors beyond our control. IBC Santa Ana shall not be liable for any damages or costs resulting from delivery delays.

Risk of loss and title to products passes to the buyer upon delivery to the specified delivery location or upon pickup from our facility. For shipments via common carrier, risk of loss transfers to the buyer when products are tendered to the carrier. The buyer is responsible for inspecting products upon receipt and reporting any damage or discrepancies within 48 hours of delivery.

Delivery fees are quoted separately from product pricing and are based on distance, quantity, and equipment requirements. Delivery requires adequate access for our delivery vehicles, including a level, paved surface and sufficient clearance for truck maneuvering. The buyer is responsible for providing forklift or other unloading equipment unless liftgate service has been arranged in advance.

7. Returns and Refunds

Returns must be arranged within 7 days of delivery. Products must be returned in the same condition as delivered. Refunds will be processed within 14 business days of receiving the returned product. Transportation costs for returns are the responsibility of the buyer unless the return is due to our error.

To initiate a return, contact us at info@ibcsantaana.com with your order details and reason for return. All returns must be pre-approved. Products returned without prior authorization may be refused. Restocking fees of up to 15% may apply to returns that are not due to product defect or our error.

Products that have been modified, filled with product, damaged by the buyer, or used in any way after delivery are not eligible for return. Custom orders, special-order items, and clearance products are final sale and cannot be returned.

8. IBC Buy-Back and Recycling Services

Our IBC buy-back program is subject to the following terms: buy-back prices are determined based on tank condition, size, previous contents, and current market conditions at the time of assessment. Quoted buy-back prices are estimates until tanks are physically inspected at our facility or by our team on-site. We reserve the right to adjust buy-back pricing if the actual condition of tanks differs from the described condition.

For recycling services, the customer represents that they are the legal owner of the tanks being recycled and that the tanks do not contain prohibited materials. The customer is responsible for accurately disclosing the previous contents of all tanks submitted for recycling. Failure to disclose hazardous contents may result in additional fees for proper handling and disposal.

9. Limitation of Liability

IBC Santa Ana shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our products or services. Our total liability shall not exceed the amount paid for the specific product or service in question.

This limitation applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory. In no event shall IBC Santa Ana be liable for loss of profits, loss of business, loss of data, property damage, personal injury, or any other damages arising from the use, misuse, or inability to use our products, except where caused by our gross negligence or willful misconduct.

IBC Santa Ana makes no warranty, express or implied, regarding the fitness of any product for a particular purpose beyond what is explicitly stated in writing at the time of sale. The buyer assumes all risk associated with the selection, use, and performance of products purchased from us.

10. Safety, Compliance, and Intended Use

It is the buyer's responsibility to ensure that IBC tanks are used in compliance with all applicable local, state, and federal regulations, including but not limited to FDA, EPA, OSHA, and DOT requirements. Always follow proper safety procedures when handling, filling, transporting, and storing IBC containers.

The buyer is solely responsible for determining the suitability of any IBC tank for their specific application. This includes verifying chemical compatibility, ensuring proper UN/DOT certification for hazardous materials transport, confirming food-grade compliance for food contact applications, and meeting all workplace safety requirements under OSHA regulations.

IBC Santa Ana provides general guidance and product information as a courtesy, but this information does not constitute professional advice. The buyer should consult with qualified safety professionals, regulatory consultants, and legal counsel for specific compliance requirements related to their operations.

11. Indemnification

The buyer agrees to indemnify, defend, and hold harmless IBC Santa Ana, its owners, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising from or related to: (a) the buyer's use or misuse of products purchased from us, (b) the buyer's violation of any applicable law, regulation, or third-party right, (c) any claim related to the contents stored in IBC tanks after sale, or (d) any breach of these Terms of Service.

12. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of IBC Santa Ana and is protected by copyright and trademark laws. You may not reproduce, distribute, or create derivative works from this content without our express written permission.

The IBC Santa Ana name, logo, and all related marks are trademarks of IBC Santa Ana. Other product names and company names mentioned on this website may be trademarks of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by IBC Santa Ana.

13. Website Use and Disclaimer

The information provided on this website is for general informational purposes only. While we strive to keep the information up to date and accurate, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the website.

Technical specifications, pricing information, and product availability displayed on this website are subject to change without notice. In the event of a discrepancy between website information and a written quote or contract, the terms of the written quote or contract shall prevail.

14. Privacy

Your use of this website is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.

15. Force Majeure

IBC Santa Ana shall not be liable for any failure or delay in performing its obligations under these terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemic, government actions, war, terrorism, labor disputes, supplier failures, transportation disruptions, power outages, or any other force majeure event. In such cases, our obligations shall be suspended for the duration of the event, and delivery timelines shall be extended accordingly.

16. Dispute Resolution

In the event of any dispute arising from these terms or related transactions, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If negotiation fails, the parties agree to submit the dispute to mediation before a neutral mediator in Orange County, California. If mediation fails, any remaining dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with arbitration to be conducted in Orange County, California.

17. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any specific written agreements or quotes executed between the parties, constitute the entire agreement between you and IBC Santa Ana regarding the use of our website and the purchase of our products and services. These terms supersede all prior agreements, communications, and understandings, whether written or oral, relating to the subject matter herein.

19. Modifications to Terms

IBC Santa Ana reserves the right to modify these terms at any time. Changes will be effective immediately upon posting to this website. Your continued use of the site after changes are posted constitutes acceptance of the modified terms. We will make reasonable efforts to notify registered customers of material changes via email, but it is ultimately your responsibility to review these terms periodically.

20. Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes arising under these terms that are not resolved through the dispute resolution process described above shall be resolved in the state or federal courts located in Orange County, California. By using our website or purchasing our products, you consent to the exclusive jurisdiction of these courts.

21. Waiver

The failure of IBC Santa Ana to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these terms will be effective only if in writing and signed by an authorized representative of IBC Santa Ana. A waiver of any provision on one occasion shall not be deemed a waiver of any other provision or of the same provision on any subsequent occasion.

22. Assignment

You may not assign or transfer your rights or obligations under these Terms of Service without the prior written consent of IBC Santa Ana. IBC Santa Ana may assign its rights and obligations under these terms without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

23. Contact Information

If you have questions about these Terms of Service, please contact us at info@ibcsantaana.com.

IBC Santa Ana
1020 S Linwood Ave
Santa Ana, CA 92705
United States