By browsing or using this website in any way, including but not limited to purchasing any item displayed at this website or conducting any other transaction or communication involving this website, you (herein, "you" or "Buyer") agree to be bound by the following terms and conditions of use and sale.

ALL SALES ARE FINAL: You acknowledge your understanding that the items SRC Surplus displays and sells at this site are surplus and/or previously used. All items displayed at this site are sold AS IS, WHERE IS, and AS DEPICTED, with all faults, defects and imperfections acknowledged and waived by you, and without any warranties of any kind (see DISCLAIMER OF WARRANTIES below). This does not mean the items displayed at and sold through this site do not work. It does mean that SRC Surplus has not tested the items or assessed their performance or operation, and that SRC Surplus therefore lacks any specific knowledge concerning the condition of the items. SRC Surplus will not issue refunds on returns for any reason.

DISCLAIMER OF WARRANTIES: SRC Surplus hereby disclaims, and you waive and release SRC Surplus from, any and all representations, guarantees and warranties of any kind whatsoever, express or implied, regarding any item displayed at or purchased through this site, including but not limited to the following: (1) that such item is merchantable, fit or suitable for any particular use or purpose; and (2) that such item conforms to specifications, industry standards or requirements promulgated by any organization or governmental entity.

BUYER'S ASSUMPTION OF LIABILITY/INDEMNIFICATION: SRC Surplus assumes no liability for the use or misuse of any item purchased through this site. SRC Surplus presumes, and by your purchase of any item from SRC Surplus you expressly warrant to SRC Surplus, that you will have the item be installed and operated properly and by qualified personnel. You agree to defend, indemnify and hold harmless SRC Surplus from and against any and all losses, claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of any item purchased from SRC Surplus.

WAIVER AND LIMITATION OF LIABILITY OF SRC SURPLUS:You acknowledge and agree with SRC Surplus that SRC Surplus shall not be responsible or liable for consequential, incidental, statutory, punitive, exemplary or indirect damages of any type whatsoever, in any way directly or indirectly arising from or connected with any item or the use of any item purchased from SRC Surplus.

ENTIRE AGREEMENT: Any and all terms and conditions contained in any prior oral or written communication (including without limitation Buyer's purchase order) which are different from or in addition to these SRCSurplus.com Terms and Conditions of Use are hereby objected to and rejected by SRC Surplus and shall not be binding on SRC Surplus, whether or not they would materially alter this document. No terms or conditions other than these SRCSurplus.com Terms and Conditions of Use shall be binding upon SRC Surplus unless accepted by SRC Surplus in a writing signed by it. SRC Surplus undertakes no responsibility for the quality of goods sold other than as set forth in these SRCSurplus.com Terms and Conditions of Use.

SHIPPING/RISK OF LOSS: All products are shipped F.O.B., point of shipment. Risk of loss shall transfer to Buyer upon tender of goods to Buyer, Buyer's representative, or common carrier.

GOVERNING LAW: You agree with SRC Surplus that any transaction in which you participate with SRC Surplus shall be governed in all respects by the laws of the State of Arizona. All actions brought by you and arising out of or related to this website or to any item displayed at or sold through this website, regardless of form, must be commenced within the applicable statutory period, but in no event more than ONE (1) YEAR after the date of invoice. You agree that jurisdiction for any such action brought by you shall lie exclusively with the state or federal courts in Phoenix, Arizona, where SRC Surplus has its principal place of business.