Terms and Conditions ("Terms") - Service
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.easternsurplus.net website (the "Service") operated by Eastern Surplus & Equipment Co ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, restrictions regarding shipping to your location imposed by the U.S. Government, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Eastern Surplus & Equipment Co and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Eastern Surplus & Equipment Co.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Eastern Surplus & Equipment Co.
Eastern Surplus & Equipment Co has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Eastern Surplus & Equipment Co shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Eastern Surplus & Equipment Co and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms, or c) use of any product or service provided by Eastern Surplus & Equipment Co.
Limitation Of Liability
In no event shall Eastern Surplus & Equipment Co, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Eastern Surplus & Equipment Co its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
Terms and Conditions ("Terms") – Products & Services
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before making a Purchase from the www.easternsurplus.net website (the "Service") operated by Eastern Surplus & Equipment Co ("us", "we", or "our").
By agreeing to purchase a Product, including but not limited to service, parts, vehicles and accessories, from Eastern Surplus & Equipment Co, by written agreement or by virtue of having provided payment in part or in full for said Products, you agree to be bound by the following:
The Products provided by Eastern Surplus & Equipment, Co. (the Company) are provided to you strictly at your sole risk, on a when available basis. The Company is not the manufacturer and does not represent any manufacturer of any Products offered or sold and hereby disclaims all express or implied warranties of title, merchantability and fitness for any particular purpose, relating to your use and / or installation of Products offered by the Company. At no time will the Company be liable to you for special, indirect, incidental, liquidated or consequential damages whatsoever, including but not limited to, costs incurred for service calls, towing, or vehicle downtime, loss of business or profits, and damages arising from operation or use of the Products, which may cause serious injury or death. The Company will not be liable to you for any delay in the delivery, Modification (as defined below), installation or use of the Products, as well as the service life of the Products, performance, applicability for the use intended, proper installation, or the accuracy of information provided.
You, as the purchaser, of Products offered and sold by the Company, acknowledge that proper service and repair procedures are vital to the safe, reliable operation of all Products as well as the personal safety of those using, operating, installing or otherwise handling the Products for any purpose. You further acknowledge that standard safety procedures and precautions (including use of safety goggles and proper tools and equipment) should be followed at all times to eliminate the possibility of personal injury or improper service which could damage the Products or compromise their safety.
The Products sold by the Company may be used, newly manufactured or new old stock. The Company is not the manufacturer and does not represent any manufacturer. Products sold by the Company may have also been rebuilt or modified. These modifications may include, but are not limited to additions of power steering, modifications to the suspension, replacement tires and wheels and changes to the frame length and vehicle configuration (individually and/or collectively, hereafter referred to as a “Modification(s)”). Operation and use of these Products may be dangerous in nature. You, as the purchaser of the Products, acknowledge these warnings and appreciate the possible dangers these Products could cause to you and others and, by purchasing any Product, you, as the purchaser, understand and assume all responsibility in the operation and proper maintenance of the Products. You further agree to waive any and all causes of action against the Company and/or any employee and/or officer of the Company resulting from your use and operation of the Products. The information contained in representations of our Products is solely for convenience. The description is an opinion only and should not be considered a complete description of any or all faults, and may not be relied upon, taken as fact, or otherwise considered a representation or warranty of any sort. Products are sold AS-IS, WHERE-IS with all faults known or unknown and with no implied warranty.
The Company does not guarantee:
- Odometer and speedometer readings or discrepancies;
- Frame damage whether current or previous or related to Modifications;
- Modified, salvage or rebuilt Products, and/or titles whether current or previous;
- Water, fire or theft damage to Products;
- Product condition as described by the Company; and
- Authenticity or history of the Products.
Any, and/or all statements and text pertaining to any vehicle or product for sale or sold IS NOT guaranteed accurate and the Company WILL NOT guarantee the authenticity or history of the Products. Parts may be returned with prior authorization and returns are subject to a 30% restocking fee. ALL VEHICLE SALES ARE FINAL.
The hydraulic power steering kits sold by Eastern Surplus & Equipment Co. are not DOT approved and intended for OFF-ROAD USE ONLY.
Whether a kit is installed by Eastern Surplus & Equipment Co, or sold as a kit for installation by the purchaser or a third party on behalf of the purchaser, if you operate your vehicle with a steering modification installed, you do so at your own risk. While we have successfully installed these hydraulic steering modifications on several vehicles, and have provided these kits to several customers for DIY modifications over several years with no issues, there are factors beyond our control when you operate your vehicle with these kits and therefore Eastern Surplus assumes neither risk nor liability for the performance of these kits or your vehicle equipped with these kits. Returns or refunds are limited to only those items that may have material defects affecting operation. Any requests for return or refund must be made within 30 days of receipt of the kit.
You have the right to inspect Products at any reasonable place and time and in a reasonable manner before the payment for, or acceptance of, the Product at your own expense. You assume all responsibility as to usability and road worthiness of Products purchased, whether unmodified or modified with Modifications, and the condition of the Products purchased.
You, as the purchaser of any Product, agree to indemnify, save and hold harmless and defend the Company, their subsidiaries and affiliated companies, each of the respective officers, directors, agents, servants, and employees from and against any and all liabilities, damages, losses, suits, claims judgment, costs, and expense, including attorneys’ fees, arising directly or indirectly out of or in connection with any Product, its sale, use, operation, maintenance, manufacture, selection, delivery, possession, modification, including but not limited to claims for personal injury to any person(s) including your employees and any of your invitees, and property damage to the Product or to other property, whether caused in whole or in part by any negligent acts of the Company, or anyone directly or indirectly employed by them.
In claims against the Company and/or any person indemnified hereunder, this agreement by an employee of the purchaser, subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation hereunder shall not be limited by the provisions of any worker’s compensation act or similar statute or law. You, as purchaser of any vehicle, waive any and all defenses you may have under any worker’s compensation act or similar statute or law with respect to claims for indemnification arising out of any injuries and claims mentioned above.
Prices stated are F.O.B. origin (Eastern Surplus Facility). Eastern Surplus charges a shipping and handling fee, (which includes internal handling and related costs), on each order which is applied at time of order and reflected on customer's invoice. Receipts for shipping and handling charges will not be furnished. COD shipments are not permitted. Other terms and conditions may apply for other than standard ground delivery ("Other Freight Services"), including without limitation, expedited same day delivery, air freight, freight collect, export orders, hazardous materials, customer's carrier, shipments outside the contiguous U.S. or other special handling by the carrier. Any charges incurred for Other Freight Services must be paid by customer. Fuel surcharges may be applied. Title and risk of loss pass to customer upon tender of shipment to the carrier. If the product is damaged in transit, customer's only recourse is to file a claim with the carrier.
The Company cannot drive vehicles long distances. We also cannot pre-test every part regardless of condition. We cannot guarantee that every gauge, light, option, function, etc. will work when you receive a vehicle or new or used surplus part.
We do not recommend driving these vehicles home.
Military surplus vehicles are typically over 20 years old. Many are 40 + years old. While they are strong, reliable vehicles, you need to ship it home. Out on the road, many miles from home, is not the place to get familiar with your military vehicle. Obviously we cannot stop you from driving your vehicle home, but this is our strong recommendation.
Mileage is exempt. Unless we have some documentation, military vehicles are sold as mileage exempt. This means we do not know the original miles. What we list is what the odometer currently reads and cannot be used as fact, of the engine and / or body/chassis. You cannot do a Carfax or Autocheck on any military vehicle.
ADDITIONAL TERMS AND CONDITIONS RELATED TO EXPORT OF PRODUCTS SOLD BY EASTERN SURPLUS
IN ADDITION TO THE STANDARD TERMS AND CONDITIONS AS SET FORTH HEREIN, EXPORT SALES OF PRODUCTS BY EASTERN SURPLUS WILL BE GOVERNED BY THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS RELATED TO EXPORT OF PRODUCTS SOLD BY EASTERN SURPLUS (“ADDITIONAL EXPORT TERMS”). IN THE EVENT OF A CONFLICT BETWEEN EASTERNS SURPLUS’S STANDARD TERMS AND CONDITIONS AND THE ADDITIONAL EXPORT TERMS, THE ADDITIONAL EXPORT TERMS SHALL PREVAIL FOR EXPORT SALES OF PRODUCTS SOLD BY EASTERN SURPLUS.
Customer acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by Eastern Surplus continental U.S. facility or at any of its websites. Customer further consents that submission of its order shall subject customer to the jurisdiction of the federal courts of the U.S. and of the State where acceptance occurred in the U.S.
Sales Tax and Duties, Import Fees.
Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and expenses as may be applicable.
Licenses, Approvals, Payment and Credit Terms.
Some export sales will require the approval of the US Government in the form of an export license. Eastern Surplus will procure this license as necessary. Eastern Surplus may charge a fee for procuring said license. Customer acknowledges the need to fully cooperate with Eastern Surplus in its efforts to procure said license and provide all requested information and forms in a timely manner.
Payment in full must be received prior to Eastern Surplus beginning the export license application process. Refunds of payments will only be made if the export license is denied. Otherwise the sale(s) is considered final and no refunds will be issued.
If an export license is not required, Customer acknowledges that an End User Certificate is required and will be completed as required / requested prior to shipping of order.
SHIPPING Charges and Freight Policy.
Unless otherwise stated and agreed, default shipping term is FOB Eastern Surplus shipping location, excluding fees including but not limited to U.S. Customs clearance fees. At Eastern Surplus’s option, this freight policy may be subject to special terms and conditions for certain export orders. Title and risk of loss for products shall transfer to the customer upon tender to the carrier.
Export Controls and Related Regulations.
Customer represents and warrants that it is not designated on, or associated with, any party designated on any of the U.S. government restricted parties lists, including without limitation, the U.S. Commerce Department Bureau of Industry and Security (“BIS”) Denied Persons List; Entity List or Unverified List; the U.S. Treasury Department Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals and Blocked Persons List; or the U.S. State Department Directorate of Defense Trade Controls (“DDTC”) Debarred Parties List. Customer shall comply with all applicable U.S. economic sanctions and export control laws and regulations, including without limitation, the regulations administered by OFAC, the Export Administration Regulations administered by BIS, and the International Traffic in Arms Regulations administered by DDTC.
Customer is aware that Eastern Surplus’s business practices prohibit bribery and corrupt behavior in any form. Customer agrees that it is and shall remain in compliance with all applicable laws that relate to money laundering, terrorism, commercial or official bribery or dealing with government officials (including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act) and laws implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Customer shall not offer or provide anything of value (cash or cash equivalents, gifts, loans, travel, entertainment, or any other similar benefit) either directly or indirectly to any public sector or government official for the purpose of influencing any act or decision in connection with the purchase, transportation, customs clearance and/or resale of the products ordered from Eastern Surplus. Customer shall not pay a gratuity, bribe or inducement to any public sector or government official, even if it appears customary or consistent with prevailing business practices.
Actions by Eastern Surplus for non-payment by customer of the purchase price of products sold by Eastern Surplus, or for redress of other breaches by customer of these terms and conditions may be brought by Eastern Surplus, at its option, before any U.S. or foreign judicial court of competent jurisdiction. At Eastern Surplus’s option, disputes between customer and Eastern Surplus, including all claims for non-performance by Eastern Surplus, shall be finally settled by arbitration in Philadelphia, Pennsylvania U.S.A. The language of the arbitration shall be English.
Country of Importation and Anti-diversion.
Customer represents that it is purchasing products from the U.S. and importing them to the country specified in the customer and Eastern Surplus documentation. Customer agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the U.S., and that the products will not be directly or indirectly sold, exported, transferred, assigned, used, or otherwise disposed of in a manner which may result in any non-compliance with applicable U.S. laws and regulations relating to the product purchased by customer. Any commodities, technology and software will be exported from the U.S. in accordance with the U.S. Export Administration Regulations and other applicable laws or regulations. Diversion contrary to U.S. law is prohibited. If requested by Eastern Surplus, customer shall provide documentation satisfactory to Eastern Surplus verifying delivery at the designated country, the identity of end users ordering products from customer and the terms and conditions upon which such end users request products to be supplied. Customer further agrees to inform Eastern Surplus at the time of order of any North American Free Trade Agreement or other special documentation, packaging or product marking or labeling, but Eastern Surplus shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents that are necessary under U.S. export laws and regulations for export, unless Eastern Surplus expressly agrees to do so.
Permits, Export, and Import Licenses for Destination Country.
Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation and/or under the Export Administration Regulations, International Traffic in Arms Regulations, Toxic Substances Control Act, or other applicable laws or regulations.