Last Updated: October 16th, 2019 2:49 pm
DISCLAIMER AND ONLINE PURCHASE AGREEMENT
By proceeding to checkout, you, as Purchaser, agree to the following terms and conditions.
Daves Industrial Surplus, LLC (“Daves Industrial Surplus”) is a reseller of used, surplus and/or salvaged parts and components, and it is expressly understood that Daves Industrial Surplus is not the manufacturer or guarantor of the performance or suitability of any parts and/or components it sells.
While Daves Industrial Service uses best efforts to verify that products it sells are in operable condition when shipped and that they should be compliant with applicable codes governing the use of such parts, Daves Industrial Surplus does not and cannot guarantee that installation and/or use of purchased parts will be compliant with applicable regulations and/or codes, and Daves Industrial Surplus is not responsible in any way for either the final determination that a part and/or its installation is compliant with such regulations and/or codes, or for the installation, operation and/or use of the product(s).
It is expressly agreed and understood that all information, goods, products and services provided by Daves Industrial Surplus are accepted by you (“Purchaser”) on an “AS-IS”, “WHERE-IS” basis.
DAVES INDUSTRIAL SURPLUS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, EXCEPT THAT OF TITLE, AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
The remedies of purchaser set forth herein are exclusive and the total liability of Daves Industrial Surplus with respect to this order, whether based on contract, warranty, negligence, indemnification, strict liability or otherwise, shall not exceed the purchase price of the component upon which liability is based. In no event shall Daves Industrial Surplus be liable for consequential, incidental, exemplary, punitive and/or special damages.
This agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Ohio, without giving effect to principles of conflicts of laws.
