Ideal Surplus Terms & Conditions
Terms & Conditions of Sale
Acceptance of this proposal and completion of sale signifies that Buyer expressly agrees with the Ideal Surplus Terms and Conditions of Sale listed below:
Warranty: Ideal Surplus (Seller) makes no warranty related to this sale or product, additional or independent. All items purchased from Ideal Surplus by Buyer are purchased AS IS WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. IDEAL SURPLUS DISCLAIMS AND BUYER WAIVES ANY RIGHT TO PURSUE AGAINST SELLER, ANY ACTION FOR ANY OBLIGATION, LIABILITY , RIGHT, CLAIM, DEMAND IN CONTRACT, TORT ( INCLUDING NEGLIGENCE), STRICT LIABILITY, PATENT INFRINGEMENT, OR OTHERWISE WITH RESPECT TO GOODS OR SERVICES PROVIDED BY THIS SALE. Buyer acknowledges that Seller is acting solely as a third party distributor and agrees to look solely to the manufacturer for compliance with the manufacturer's warranty and for any maintenance, support, replacement or repair of goods. Seller is not liable for and Buyer assumes full liability for any first or third party claims, obligation, damages, costs, or expenses, including without limitation, any direct, indirect, special, incidental, or consequential damages (including but not limited to lost profits, business losses, personal property damage, personal injury and death) arising out of or relating to the sale of goods by Seller to Buyer. Buyer shall indemnify, defend, and hold Seller, its officers, employees, representatives, harmless from all claims, fines, penalties, offsets, judgments, losses, damages, costs and profits disallowed, liabilities, and expenses (including but not limited to actual attorney fees and costs, sustained by Seller or its agents that are caused by any action, or failure to act on the part of the Buyer relating to the goods or services sold by Seller to Buyers. Buyer shall further hold harmless, defend, and indemnify Seller against all product liability, product recall, and other claims, liabilities, suits, any cause of action and expenses (including but not limited to actual attorney fees and costs incurred by the Seller arising out of or relating to the sale of goods or services by the Seller to the Buyer).
Governing Law: This agreement is governed by the laws of the State of Michigan. Parties agree to Michigan jurisdiction over themselves and this Agreement, and that Michigan is the appropriate venue for any litigation arising from said Sale or Agreement.
Delivery: The sale of items (property) are FCA Ideal Surplus facility; delivery of item(s) takes place and title and risk of loss to the property passes from Ideal Surplus to the Buyer, upon commencement of loading of such property onto the trucks of the carrier selected by the Buyer. Ideal Surplus may require a minimum order amount, excluding shipping and taxes. On orders that do not reach the minimum, we suggest increasing the number of goods ordered for your use at other times.