General Terms and Conditions

PRICES

All prices are F.O.B.Corona California, Unless otherwise specified. Prices are subject to change without notice. Lead times are estimated and do not include shipping and installation.

TERMS

Cash upon pickup/cash on delivery. Net 15 days subject to credit approval past due accounts are subject to a finance charge of 1 ½% per month until paid. It is understood and agreed that the merchandise on this order is the property of Pro Surplus until fully paid for.

RETURNED MERCHANDISE

All returned merchandise is subject to approval in writing from Pro Surplus, Inc.. All authorized returns, in good condition, are subject to 25% restocking fee to Pro Surplus, Inc.. Special orders, I.E., Non-stock or non-catalogue items may not be canceled or returned for credit. Shipping and handling to be prepaid by the customer.

PERMITS AND APPROVALS

Permits and/or approvals, if required, are not included in prices unless otherwise stated. We strongly recommend that you consult with a licensed structural engineer to insure proper designs for specific applications.

SPECIFICATION

Weights, capacities and other specifications are for information only and are subject to change without notice.

INSTALLATIONS

Installations are base on a free and clean work area- (8) hours per day, overtime and weekends are quoted separately-non union labor. Adequate lighting, convenient electrical power required.

FINISH AND COLORS

Pro Surplus, Inc. makes no warranties either expressed or implied regarding the paint finish of our product. Pre-owned items are stored outdoors and are subject to weather elements-dust, paint fade, rust. Buyer shall notify Pro Surplus, Inc. in writing. Requests for changes or adjustments to orders in process. Seller will acknowledge any adjustments to buyer in writing.

WARRANTY

All used material is sold as is with no warranties expressedor implied. All new products are warranted against any defects in material and workmanship for a period outlined by manufacturer. Damage to product finish from weather, loading and /or unloading is not the responsibility of seller. Warranty is void if the product is used for other than it’s designed purpose and/or if product is subject to any alterations, misuse, abuse or accidents. Seller warranty is not transferable. The responsibility of seller is limited to repair or replacement of the product. Seller is not responsible for incidental, consequential, or other damages or losses resulting from product failure. This warranty is in lieu of all other warranties, expressed or implied, as to merchantability, fitness or otherwise. Seller shall not be liable for any direct or consequential damages occurring through delays beyond its control including, but not limited to, delays in delivery by its suppliers, natural disasters. Labor disputes, acts of third parties, or changes requested by buyer after an order is acknowledged.

PRODUCT DAMAGED IN TRANSIT

Pro Surplus, Inc. will not accept the return of product damaged in transit. The buyer’s recourse is with the freight carrier. It is the buyer’s responsibility to examine each shipment carefully for damage and for possible shortages. If there are any damages or irregularities, have the carrier or his representive state in writing on the freight bill, the exact nature of the damage or shortage before you accept the goods. If there is concealed damage or shortage, notify the agent of the carrier and request an inspection report to support your claim.

No agent, employee or representative of the seller has any authority to bind the seller to any affirmation, representation or warranty concerning the goods sold under this agreement, unless that affirmation. Representation or warranty is expressly included in this written agreement.

This agreement contains the entire understanding of the parties hereto with regard to the matters set forth herein, and all prior and contemporaneous agreements, understandings and statements, whether oral or written, are void as to the parties hereto.