Law

Buying a Container: Sales Contract, Defects & Warranty

A clean sales contract prevents most disputes. Which points belong in it and what rights you have if the container turns out to be defective.

10 min read Updated: 01 August 2026

A container is a high-value second-hand good, usually ordered sight-unseen and delivered by a haulier. That combination – used goods, a wide price range, long-distance transport – makes the sales contract more important than with most other purchases. This guide summarises the basics and the points to settle before you sign.

This guide provides general information and is not legal advice. The presentation is deliberately simplified and describes German law. For your specific case, please consult a lawyer or a consumer advice centre (Verbraucherzentrale).

Why the Contract Matters So Much With Containers

With a new car, it is clear what will be delivered. With a shipping container, it is not. The same description – say “20 ft, used, wind and watertight” – can cover units with very different appearance, remaining service life and floor quality. Condition grades such as “A”, “B” or “cargo worthy” are not legally defined terms but industry conventions that every dealer interprets slightly differently.

Then there is transport. Between sale, loading, delivery and unloading there are several stages where things can go wrong. If the contract does not record when risk passes to the buyer and who organises unloading, you will later argue about transport damage and waiting times. For the practical side, see Buying a Used Container.

What Belongs in the Sales Contract

A good contract describes the goods so precisely that nobody needs to debate what was “meant”. These points should not be missing from any order confirmation.

Contract pointWhy it matters
Exact designation, container numberIdentifies the specific unit; prevents a different container being delivered
Condition grade (with definition)“Grade B” alone says nothing; the seller’s own definition belongs in the text
Year of manufactureDetermines remaining service life, resale value and reasonable expectations
External and internal dimensionsInternal dimensions govern usable space, external ones the footprint
EquipmentVents, extra doors, flooring, paintwork, lettering, lockbox
Purchase price, VATNet or gross? Recoverable VAT matters for business buyers
Delivery dateBinding or non-binding – legally a substantial difference
Delivery address with access notesTight access is the most common cause of failed deliveries and extra costs
Method of deliverySide loader, crane, tilt trailer: determines space needed and effort on site
Passing of riskGoverns who bears transport damage and loss
Payment termsDeposit, balance, payment on delivery
Retention of titleStandard practice: ownership passes only on full payment

Also worth adding: dated photographs of the actual container as an annex. In a dispute they are the strongest evidence of the condition promised.

New, “One-Trip” or Used

The condition grade determines what you may legitimately expect – and therefore what counts as a defect and what does not.

  • New / factory-fresh: unused, no prior damage. Expectations of appearance and watertightness are highest here.
  • “One-trip”: shipped loaded once, visually almost new. Minor transport marks, scratches or paint chips are normal and generally not defects.
  • Used, wind and watertight: visible wear, rust spots, dents. What is promised is watertightness, not good looks.
  • Used, “cargo worthy”: additionally fit for sea transport – a higher standard.

Anyone ordering a visibly used container cannot later demand a flawless surface. Conversely: if the seller promises “watertight” and the weld seam drips, that is a defect – regardless of age.

Warranty Rights: The Basics

German sales law under the Civil Code (BGB) distinguishes according to who contracts with whom. The following gives the basic principles and does not replace an assessment of your individual case.

A defect means, simply put: the goods deviate from what was agreed, or are unfit for the intended use. If a defect exists when risk passes, the buyer’s first entitlement is supplementary performance – repair or replacement. Only if that fails, is refused, or a reasonable deadline expires do withdrawal, price reduction or damages come into play.

Consumer sales – a private individual buying from a business – enjoy special protection. In outline, and as of the state of this presentation:

  • Claims for defects generally become time-barred after two years from handover.
  • If a defect appears within the first twelve months after handover (the position since 2022; previously six months), it is presumed in the consumer’s favour to have existed at handover – the business must prove otherwise. This is the reversal of the burden of proof.
  • For used goods the period may be shortened to one year only under narrow statutory conditions and only where the buyer was expressly and separately made aware of it. A blanket clause in the small print is not enough.

In a private-to-private sale, a full exclusion of warranty is permitted and customary – wording such as “sold as seen, all warranty excluded” is widespread. It does not apply, however, where the seller fraudulently concealed a defect or expressly guaranteed a particular quality.

In B2B transactions, shortened periods and exclusions are widely possible. Commercial law additionally imposes duties to inspect and give notice of defects: a merchant who fails to inspect and complain without undue delay can lose rights. So business buyers should inspect the container immediately on delivery.

Notifying Defects Correctly

Most lost disputes fail on missing evidence and skipped steps, not on the law.

StepWhat to do
1. DocumentPhotos and video at delivery, dated; include the container number in the shot
2. Delivery paperworkHave visible damage noted on the delivery note before the driver leaves
3. Notify the defectIn writing (email usually suffices), describe the defect specifically, attach photos
4. Set a deadlineState a reasonable period for supplementary performance, e.g. two weeks, with a date
5. Supplementary performanceSeller repairs or replaces; record the appointment and the outcome
6. Second stageIf it does not happen or fails: have price reduction, withdrawal or damages assessed
7. Get adviceFor larger sums or real disputes: involve a lawyer or consumer advice centre

Important: do not rush into repairing a defect yourself. Changing the condition before the seller can remedy it often forfeits claims and destroys evidence.

Distance Selling and the Right of Withdrawal

Where a contract is concluded exclusively by distance communication – online shop, email, telephone – consumers buying from a business are generally entitled to a 14-day right of withdrawal. The period normally starts on receipt of the goods; without proper withdrawal instructions it is extended considerably.

Points to note:

  • For containers custom-built or modified to the customer’s specification, the right may not apply.
  • Return shipping costs can be placed on the consumer – with a container, a very real cost that makes exercising the right unattractive in practice.
  • Compensation may be demanded for loss of value caused by use going beyond mere inspection.
  • The right of withdrawal does not apply between businesses – a common misconception.

Deposits and Fraud Prevention

The container market attracts dubious sellers because large sums are paid up front and the goods are rarely inspected first.

Warning signBetter approach
Full payment demanded in advancePartial deposit, balance on delivery
No imprint, no postal addressCheck registered office, commercial register and reviews
Foreign account only, or a consumer payment serviceTransfer to the seller’s business account
Price far below market levelCompare market prices; treat extreme offers with suspicion
No photos of the actual containerRequest current photos showing the container number
Pressure (“today only”, “last unit”)Take your time, ask for the offer in writing

Where possible: inspect it, or have it inspected – a paid surveyor visit is cheaper than a bad purchase. If renting suits you better, see Renting a Container: Process.

Important Note

This article provides general information and does not constitute legal advice. The principles of sales and consumer law described above are simplified and reflect the state of this presentation; legislation and case law can change, and outcomes always depend on the individual case – in particular on whether you act as a consumer or as a business. Contract clauses, warranty exclusions and time limits should be reviewed individually before you decide. If in doubt, consult a lawyer or a consumer advice centre.

Conclusion

The most effective protection when buying a container is a precise written contract: specific designation including the container number, a defined condition grade, photos as an annex, a clear delivery date, an unambiguous passing-of-risk clause and a payment structure without a large advance. Consumers buying from a dealer have statutory defect rights behind them; private and commercial buyers must check far more carefully. And if something is wrong after all: document first, then complain in writing and set a deadline.

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