Terms of Service

Thank you for choosing King Surplus ("we", "us", "our", or "Company" “KSC”). Prior to utilizing our website, services, or any products provided by us (collectively, the "Services"), we request that you review these Terms of Service ("Terms") in their entirety. By accessing or utilizing the Services, you agree to comply with and be legally bound by these Terms. If there is any aspect of the Terms with which you do not agree, please refrain from accessing or utilizing the Services.

Payment

Payment for our services is subject to the terms and conditions set forth in each respective service agreement. You agree to pay all fees and charges associated with your use of the Services, including any applicable taxes. We reserve the right to change our fees and charges at any time, and any such changes will be effective immediately upon posting on our website.

Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of King Surplus or its licensors and is protected by intellectual property laws. You may not use our content for any commercial purpose without our prior written consent. Additionally, all slogans utilized on our website are trademarked and reserved for the exclusive use of King Surplus. Unauthorized use of these trademarks is strictly prohibited.

Disclaimer of Warranties

We make no representations or warranties of any kind, express or implied, regarding the Services or any content or information contained therein. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Furthermore, all items sold on our website are sold on an "as-is, where-is" basis. By making a purchase, you acknowledge and agree to accept the items in their current condition without any warranties or guarantees.

Limitation of Liability

In no event shall King Surplus, its officers, directors, employees, agents, or affiliates be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages (including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or in connection with your use of, or inability to use, the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if King Surplus has been advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law and shall survive the termination or expiration of this agreement.

Indemnification

You agree to indemnify and hold King Surplus and its officers, directors, employees, agents, and affiliates harmless from any and all claims, damages, expenses, and liabilities arising out of or in connection with your use of the Services, including but not limited to your breach of these Terms.

Termination

We reserve the right to terminate your access to the Services at any time, with or without cause, and without prior notice. Upon termination, all rights granted to you under these Terms will immediately cease.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, specifically in Val Verde County, without giving effect to any principles of conflicts of law. No other document can supersede the terms and conditions stated in this agreement.

Dispute Resolution

Any dispute arising out of or in connection with these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Del Rio, Texas, in Val Verde County, and the award of the arbitrator shall be final and binding. The judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. By agreeing to these Terms, you consent to the exclusive jurisdiction and venue of the arbitration proceedings in Del Rio, Texas, Val Verde County.

Changes to the Terms

We reserve the right to change these Terms at any time, without prior notice. Any such changes will be effective immediately upon posting on our website. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.

If you have any questions or concerns about these Terms, please contact us at info@kingsurplus.com.

Logistics:

• King Surplus Company (KSC) can assist with shipping worldwide, or buyers can choose to use their own shippers or pick up items themselves.
• In certain cases, King Surplus offers free shipping; however, in other instances, pick-up only or buyer-paid shipping options are available.
• All freight and shipping costs, including any nonstandard fees imposed by the hauler or government, are the sole responsibility of the purchaser.
• King Surplus Company will not be held responsible for any damage or claims related to shipping, and the buyer agrees to hold King Surplus Company harmless in such cases.
• As a customer service, King Surplus Company may assist buyers with packaging and shipping, but the buyer is responsible for any damages that occur during transit.
• King Surplus Company does not file freight claims, and the buyer may be responsible for any additional charges related to delivery, special deliveries, or residential or lift gate delivery fees.
• Buyers are encouraged to use their own shippers or pick up items themselves. Out-of-state buyers who pick up items at one of King Surplus Company's warehouses will be responsible for paying sales tax. However, if the item is shipped, the State of Texas provides an automatic sales exemption.
• King Surplus Company is not a shipping company and does not profit from shipping. All buyers pay the shipper of their choice, whether it's one of King Surplus Company's discount shippers or their own.
• In most cases, King Surplus Company does not accept payment for shipping. Instead, buyers pay the shipper directly to keep the price point down for the buyers.
• King Surplus Company maintains significant general liability insurance.
• Any sales tax applicable now or in the future must be paid by the customer. If it is discovered after the fact that sales tax is due and King Surplus Company is required to pay said taxes on behalf of the buyer, the buyer will repay King Surplus Company, including penalties and interest.
• All bills are payable in Del Rio, Texas. A charge of 1.5% per month or the maximum allowed by law will be charged on all past due invoices.
• Items may arrive partially disassembled, and King Surplus Company offers consultation, training, assembly, erection, and setup services for a separate fee, which is not included in the contract.
• The purchaser represents that they are familiar with the item or items purchased and are capable of assembling, erecting, setting up, and operating the equipment without assistance from King Surplus Company. King Surplus Company is not responsible for any problems caused by improper assembly, erection, setup, or operation, and makes no warranty unless otherwise stated in writing and signed by an officer of the corporation.

Rate Card Summary (Effective 2023):

• $65.00/hour/person: Welders, Mechanics, packaging inventory and general labor, ledger keeping, secretarial and general office personnel, general security, data entry.
• $85.00/hour/person: Machinists, Junior Photographers, research, review 1-2 appraisals.
• $95.00/hour: Foremen, Project Superintendents, Warehouse Supervisors, Security Management, Senior Plant Management, Senior Database Management, Drafting Layout, and Design Work.
• $125.00/hour: Junior Engineers, Office Managers, review 3-5 appraisals.
• $250.00/hour: Senior Engineers, Sales and Marketing Managers.
• $250.00/hour: Robin King: Process Flow, Problem Resolution, Expert Witness, and Business Management.

Charges apply for work time, wait time, and travel time. Overtime and weekends are charged at 1.5 times the normal rate. Travel and living expenses are billed separately.

This document represents the entire understanding of written and verbal orders and instructions. Changes may incur additional charges.

King Surplus Company (KSC) is an asset remarketing and recycling company and not an expert in many of the assets they remarket. Buyers bear responsibility for bidding and purchasing items. KSC does not warrant that items meet federal safety or environmental laws, OSHA, MSHA, EPA, or state regulations. Owners must protect their employees. Buyers hold KSC harmless for the safe use, installation, or application.

KSC guarantees their "word, description, and photos" only. We are a liquidation company, not a dealer. Our staff tries to power up assets and answer questions but lacks expertise to operate or judge functionality for a particular purpose. All items are sold as-is.

Returns, Refunds, and Restocking Fees:

• King Surplus guarantees their products with a 100% commitment. Should a mistake in the description or photos occur, returns will be accepted without any restocking fees.
• King Surplus may accept returns within fourteen days if the customer has made an error in purchasing. In cases of trading for another item, a 10% processing fee will be applied. For cashback requests, a 20% restocking fee will be deducted, in addition to rigging, packaging, shipping, and other associated fees, such as commissions.
• Please note that packaging and shipping fees are non-refundable for any shipper, including King Surplus and items with free shipping.
• King Surplus does not issue refunds for damages incurred during shipping. Instead, the carrier and their insurance will compensate the buyer directly for any damage or repair losses. King Surplus will assist in the refund process as needed.
• Freight claims must be pursued through the carrier. If damage is not noted on the Bill of Lading (BOL) upon receipt and documented with photographs, the consignee will be held responsible and cannot hold either the freight company or King Surplus liable.
• While King Surplus will provide assistance whenever possible, it is essential that customers adhere to the established guidelines. Failure to do so may result in an inability to provide support.
• To initiate a return to King Surplus, a signed return authorization from King Surplus must be included in the packaging slip. Without this authorization, the warehouse will not accept returns.
• Please be advised that all return responsibilities rest with the buyer.

Summary of Terms and Conditions:

• Mediation: Parties agree to immediate mediation within 30 days of notice in case of disputes. Mediation takes place in Del Rio, Texas, Val Verde County, Texas.
• Modification: Modifications to the agreement must be in writing and executed by both parties.
• Jurisdiction/Venue: Agreement is governed and enforced under the laws of the State of Texas. Proper venue for enforcement is Val Verde County, Texas.
• Sever-ability: Invalid provisions will be modified or removed, and the rest of the agreement will remain in effect.
• Prior Agreements Superseded: This agreement supersedes all prior correspondence, discussions, and agreements.
• Force Majeure: Neither party is liable for unavoidable delays or interruptions in performance beyond their control.
• Assignment: Purchaser cannot assign or transfer this agreement without the seller's written consent.
• No Warranty: All items are sold as-is, where-is, and with all faults and defects.
• Inspection and Acceptance of Goods: Buyers are responsible for inspecting items before purchasing. King Surplus Company invites purchasers to inspect goods at their locations. Purchaser accepts goods in their current condition, based on their inspection or refusal to inspect, and waives any rights to repudiate or reject the goods upon delivery. Failure to inspect does not relieve the bidder/buyer of their responsibilities.