Direct Source Surplus - Terms and Conditions

Terms & Conditions

Direct Source Surplus proudly offers a 90 day parts warranty on all equipment

Direct Source Surplus does not offer a 30 day right of return.

Limited Warranty: 90 days parts only, not including consumables, and not to exceed 90 days after shipment. Warranty will not be transferred from any third party buyer to an end-user. Warranty will only be void if buyer is not the actual user of this system. Failure to make payments terms on time as per this quotation will void warranty. Direct Source Surplus will replace the damaged/non-functioning part or reimburse the buyer for the cost of a replacement. Buyer is required to notify Direct Source Surplus prior to any action or direction in the replacement or service of the system. If Direct Source Surplus is not notified of the damage part prior to any action taken, all warranties are void.
Direct Source Surplus is not responsible for freight, import duties, custom charges or storage cost on warranty items/returns. Buyer is responsible for all freight, import duties, custom charges or storage costs on warranty items/returns.
Should the equipment fail to be free from Defects in material or workmanship during the applicable warranty period, Seller will repair or replace the defective material at no additional charge except as set forth below. Repair parts will be furnished on an exchange basis and will be either reconditioned or new. All replaced parts become the property of Seller. This limited warranty does not include service to repair damage to the equipment resulting from accident, disaster, misuse, Purchaser’s negligence, abuse or modification of the equipment. (Improper storage of equipment will void warranty. Storage requirements: Inside storage; relative humidity 10%-70%; temperature: 3 degrees to 100 degrees F; vibration not greater
Limited warranty service may be obtained by notifying Seller of defects in material during the warranty period. Warranty on the exchanged parts is good for the remainder of the original warranty. If repair parts are to be exchanged by mail, Purchaser agrees to insure returned parts or assumed risk of loss or damage in transit, to prepay shipping charges to the Seller and to use appropriate shipping materials and containers.
SELLER HERBY DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES FOR THIS EQUIPMENT, INCLUDING THE WARRANTIES OF MERCHANTABILTIY AND FITNESS FOR A PARTICULAR PURPOSE. IF THIS EQUIPMENT IS NOT FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP AS WARRANTED ABOVE, PURCHASER’S SOLE REMEDY SHALL BE
REPAIR OR REPLACEMETN AS PROVIDED ABOVE. FAILURE TO GIVE SUCH NOTICE OF DEFECTS WITHIN THE AFORESAID TIME PERIOD SHALL BE CONCLUSIVE EVIDENCE OF DUE FULFILLMENT OF THE WARRANTY ON THE PART OF SELLER AND THAT THE EQUIPMENT IS SATISFACTORY TO PURCHASER, AND SELLLER SHALL BE RELEASE FROM ALL LIABILITY UNDER THE AFORESAID LIMITED WARRANTY. IN NO EVENT WILL SELLER BE LIABLE TO PURCAHSER FOR ANY DAMAGES, INCLUDING ANDY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH EQUIPMENT, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Acceptance: This quotation became the binding contract, subject to the terms and conditions hereof, when acceptance by written P.O. or verbal acknowledgement or commencement of performance. Acceptance of this quotation must be made on its exact terms and if the Buyer proposed additional, or different terms such response will constitute as a counter-offer and no contract shall come into existence without the Seller’s written assent to the counter offer. The Buyer has satisfied himself as to the nature of the work, the character, quality and quantity of materials and equipment, which will be required, and all matters which can in any way affect performance hereunder.
Cancellation Fee: All orders are considered final upon receipt of the following items the P.O., receipt of deposit and an authorized/signed quotation by purchaser. This authorized quotation will be the biding document for this contact/order. All other documents will be superseded by this authorized/signed quotation. All final orders that are cancelled are subject to a restocking fee of 50%. All cost incurred by Direct Source Surplus in addition to the restocking fee, such as shipping, crating & insurance will be billed to the customer. Customer will be responsible for these costs if the item/items are cancelled.
Delays & Post Pone shipments: Customer has the right to request a delay or post pone the scheduled delivery date of system up to 30 days from the original or agreed shipment date. If the customers’ request to delay shipment is over 30 days, customer agrees to be invoice 50% of the next term payment of this contract, P.O./quotation. Payment is due no later than 45 days past the original or agreed shipment date. If the customer delays the shipment date of the system over 60 days, customer agrees to be invoice the other 50% of the next term payment of this contract, P.O./quotation. Payment is due no later than 75 days past the original or agreed shipment date. If either of the above mentioned invoices is not paid within the due dates identified above, DSS has the right to consider the order cancelled by the customer. All obligations and commitments by DSS will be considered void and the ordered cancelled. All deposits received to this date will be considered the cancellation fee.
Security Interest: Seller shall retain a purchase money security interest in equipment until the full purchase price is paid. Purchaser agrees that Seller will have the right to file or record this Quotation or other financing statement pursuant to applicable law to evidence Seller’s security interest.
Taxes and handling: The price does not include any applicable taxes, shipping, crating or handling charges. All such taxes and charges are the buyers’ responsibility. Direct Source Surplus will be happy to assist as an agent for the buyer by organizing or arranging these services for you for an additional fee. However, we accept no responsibility or claims for the shipping, rigging and crating of purchased items. Direct Source Surplus ends at the point of Origin. This quotation will supersede all other documentations or PO’s. All the responsibility will be in the hands of the buyer to place all or any claims with the organization, which actually supplied these services. All such taxes and charges are the buyers’ responsibility.
Force Majeure: DSS shall not be liable for any delay in its performance obligations due to (a) fire, floods, strikes, or other labor disputes, accidents to machinery, acts of sabotage, riots, precedence or priorities granted at the request or for the benefit, directly or indirectly, of the federal or any state government or any subdivision or agency thereof, delays in transportation facilities, restrictions imposed by federal or state legislation or rules or regulations there under; (b) any cause beyond its reasonable control.
Title: Title to property sold hereunder shall vest in buyer as and when full and satisfactory payment is made to DSS. Failure to pay the purchase price of equipment when due shall give Seller (DSS) the right, without liability to repossess that equipment, with or without notice, and to avail itself of any legal remedy. Risk of loss or damage to property passes to you upon receipt by purchaser or purchaser’s agent, or when purchaser or agent begins disassembly or removal of property by buyer’s carrier at FOB point.
Permits and authorizations required by law: Buyer represent that they possess all the necessary permits and authorizations required to disassemble, remove, transport, resell or otherwise properly dispose of the property begin acquired. Buyer agrees to comply with all applicable Federal, State and local laws, regulations and ordinances, including but not limited to the regulations of the United States Department of Commerce relating to the Export of Technical Data, insofar as they relate to your performance.
Risk of Loss/Indemnification: Upon tender to carrier, the risk of loss or damage to the equipment shall be on Purchaser. Purchaser agrees to indemnify Seller (DSS) and any of its officers, against any and all claims for damages, including cost and attorney’s fees, for personal injury (including death), and loss or destruction or damage to real or tangible personal property arising from your acts, omissions or misrepresentations, regardless of the form of action brought against DSS.
Governing Law: The law of the State of North Carolina shall control this quotation and any document to which it is appended including a Purchase Order. The purchaser agrees to submit any disturbance or conflict to the Durham or Wake County Supreme Court in North Carolina.
Infringement of patents: The purchase of property does not convey by implication or otherwise any licenses under any patent, domestic or foreign. DSS makes no representation or warranty that the use of any material, equipment or technical information furnished hereunder will not infringe any patent, trademark, copyright, trade secret, or other proprietary interests of any third party and it shall be your sole responsibility to make such determination as is necessary with respect to other rights of third parties. DSS shall not be held to any liability with respect to any claim made by any third party on account of, or arising form, the use of such materials, equipment, or technical information. You agree to indemnify and save harmless DSS from any and all cost, expenses, liabilities, and claims for infringement of any patents or similar instruments or any foreign country or in the USA.
Software: This sale represents a sale of hardware items. Any software on the system in its present state comes with the system. However, it does not included the sale of software licenses or licenses of program codes (software) in any form, or transferability of such software, regardless of whether such software has been packages with, integrated into or otherwise included with the item(s). It is Buyer obligation to verify and obtain any or all appropriate license for the items continued use with the Original Equipment Manufacturer.
Chemical: DSS has diligently and with reasonable efforts flushed, drained, and cleaned property containing chemicals. However, said property may contain chemical residue despite such efforts. Buyer acknowledges this fact and agrees to indemnify DSS against any and all claims or actions for damage or other relief that may arise due to the property containing such chemical residue. Buyer agrees to meet all applicable government safety standards and environmental regulations and laws for the removal, transportation, use and disposal of this property. Material Safety Data sheets will be made available to buyer upon request
Domestic Credit Terms:
  • Fortune 500 Companies — net 30 days with deposit
  • Companies having previously received credit and paid within term — net 30 days with deposit
  • All other companies — 100% prior to shipment
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Direct Source Surplus, LLC Phone: +1 919 556 8930 Fax: +1 919 562 2165 Facebook  Blog  RSS