Terms & Conditions

WEBSITE ACCESS

• It is not necessary to register in order to visit and use EUSurplus.com. Still, particular areas of this Website will only be accessible for registered users.

WEBSITE USAGE

• This Website may be used for your own private purposes and in accordance with these terms of use;
• You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.

TERMS OF SALE

• By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price;
• Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible;
• EUSurplus assumes that all its clients are over 18 years of age and possess a valid payment method listed at checkout. EUSurplus.com retains the right to refuse any request made by its clients. When placing an order the client is responsible for all details provide to us, including their validaty and accuracy.;
• (a) Our Contract:
  • When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A valid contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
• (b) Pricing and Availability:
  • Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of confirming your order at the correct price or be refunded. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund;
  • Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
• (c) Payment:
  • Payment is carried out using any method available at checkout. Your order will be processed only when your funds are received. Once the goods have been despatched you will be sent a confirmation email stating thar your  purchased goods have been dispatched.
    
    

VISITOR PROVIDED MATERIAL

• Any material that a visitor to this Website sends or posts to this Website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy;
• When using this website you shall not post or send to or from this Website any material:
  • (a) for which you have not obtained all necessary consents;
  • (b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Portugal;
  • (c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data;

LINKS TO AND FROM OTHER WEBSITES

• Throughout EUSurplus.com you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website but that we consider that it might hold information relevant to you. If you visit any website via a link on EUSurplus.com you do so at your own risk;
• Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
  • (a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
  • (b) you do not misrepresent your relationship with EUSUrplus;
  • (c) the website from which you link to EUSurplus.com does not contain offensive or otherwise  controversial content or any other form of content that infringes any intellectual property rights or other third party rights;
  • (d) by linking to EUSurplus.com in breach of  the above clauses you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

DISCLAIMER

• Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and or up to date;
• All material contained on EUSurplus.com is provided without any warranty of any kind. You use the material on this Website at your own discretion.

EXCLUSION OF LIABILITY

• We do not accept liability for any loss or damage that you suffer as a result of using EUSurplus.com or using products sold by us.
• Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under Portuguese law.

LAW AND JURISDICTION

• These terms of use are governed by Portuguese law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of Portugal.

INVALIDITY

• If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

COMPLAINTS

• We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

WAIVER

• If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

WARRANTY

a. SELLER’S LIMITED WARRANTY. Seller warrants the product(s) it manufactures to be free from defects in materials and workmanship under normal use and service for two (2) years from the date of shipment by Seller. In case of industrial or professional use or similar employment such warranty's validity is one (1) year. This warranty shall not apply to malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance product instructions, acts of nature, improper installation, or repairs made by anyone other than Seller or by Buyer pursuant to Seller’s instructions. In the event of malfunction or failure arising from a defect covered by this limited warranty, Seller will repair any product(s) returned to Seller within one (1) years from the date of shipment by Seller, provided that Seller’s examination discloses to Seller’s satisfaction that the product was defective and covered by this limited warranty. Seller may, at its option, replace the product in lieu of repair. Seller’s sole and maximum liability for breach of its warranty herein is limited to the obligation, at Seller’s sole discretion, to repair or (repair fees may apply) at Seller’s option, replace or credit Buyer's account, any goods delivered hereunder which are found by Seller to be defective under the terms of this warranty, provided that Buyer follows the return procedures set forth in paragraph 8 . In addition, Seller shall have no liability to Buyer to the extent that any failure or malfunction is caused by non-compatibility with other components Seller’s obligation to honor this warranty is contingent upon Seller’s receipt of payment in full for the product(s) entitled to this warranty. In the event that the exclusive remedy provided under this warranty is determined upon judicial review to have failed in its essential purpose through no fault of Buyer, the alternate exclusive remedy shall be the refund of the purchase price of the defective goods. This warranty is not transferable, the buyer is not responsible for warranty replacement should the label or log be removed or should the product fail to be properly maintained or fail to function properly as a result of misuse , abuse immersion in liquids, improper installation, neglect, improper shipping, damaged caused by disasters such as fire, flood, or service other then by the seller.

SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS PROVIDED ABOVE. THE FOREGOING STATES THE ENTIRE WARRANTY LIABILITY OF SELLER.

b. RETURN PROCEDURES REQUEST RMA; RETURN MERCHANDISE AUTHORIZATION NUMBER. Prior to returning any product(s) to Seller before the two year warranty service, Buyer must notify Seller by e-mail directly provide the order/invoice number purchased from and billing and shipping company, include the name of product(s), quantity and serial number beginning with (ms + seven digits). Buyer is required to provide the full details of the failure or malfunction of the product(s) before returning to the Seller, shipments without an RMA number will be refused. Such notice shall be given within thirty (30) days after Buyer’s discovery of the failure or malfunction. Upon receipt of this information, Seller shall provide Buyer with service assistance and/or shipping instructions and an RMA number. Buyer shall be responsible for returning product(s) to Seller in its original anti-static packaging, shipping prepaid, and insured by Buyer. Buyer shall retain shipping information, including RMA and tracking numbers, which shall serve as Buyer’s proof of return. Any product(s) replaced by Seller shall become the property of Seller. All returned product(s) must be received by Seller no later than the last day of the warranty period, or there will be no warranty coverage. If, upon examination of the returned goods, Seller determines that they are not covered by the warranty, Seller reserves the right to charge Buyer for parts and labor at Seller’s then current labor rate and a restocking fee. Seller will advise Buyer prior to assessing these charges.

c. BUYER’S WARRANTY. Acceptance of goods is a warranty by Buyer that Buyer is solvent as of the date of shipment. With respect to goods delivered hereunder, Buyer agrees to accept responsibility for (i) their selection to achieve Buyer's intended results, (ii) their use, (iii) the results obtained therefrom and (iv) the selection of, use of and results obtained from any equipment, programs or services not provided by Seller and used in connection with goods delivered hereunder. Buyer further warrants that it is buying the Product(s) for its own internal use and not for resale as standalone Product(s), unless otherwise agreed between Buyer and Seller under separate written agreement.

d. RoHS RESTRICTION OF HAZARDOUS SUBSTANCES DISCLOSURE . All components are purchased from authorized vendors are RoHs compliant. All product(s) manufactured by Seller are RoHS compliant. Products that are not RoHS compliant may contain lead or other proscribed materials, or may have some RoHS components installed that may contain matte tin.

e. NO LICENSE. Goods or any parts thereof sold hereunder may be protected by intellectual property rights of Seller, including, but not limited to, rights under issued and pending patents, mask work rights, copyright rights, trademark rights and trade secret rights. Neither the sale of goods or any parts thereof hereunder nor the provision by Seller of any supporting or related documentation, technical information or advice shall confer on Buyer any license, express or implied, under any intellectual property rights of Seller covering or related to (i) apparatus or circuits in which the goods or parts thereof may be used; (ii) a process, machine, use or application in connection with which the goods or parts hereof may be used; (iii) the process of their manufacturer; or (iv) a combination in which the goods or parts hereof may be used.

f. CANCELLATIONS, CHANGES. Should Buyer cancel, reschedule or reconfigure its order, Buyer shall be liable to Seller for reasonable additional charges which shall include, but not be limited to, all costs and expenses incurred by Seller in connection with procuring and filing, rescheduling or re-configuring Seller’s order. Without in any way being deemed to grant Buyer any right of cancellation or return, in the event that Seller, in Seller’s sole discretion, shall agree to accept a cancellation and/or a return of any product(s) sold, such cancellation and/or return shall be subject to a 15% restocking fee due and payable to Seller, in addition to the additional charges described above. Notwithstanding the foregoing to the contrary, Buyer shall have no right to cancel orders for, or to return to Seller, modified or custom goods.

g. FORCE MAJEURE. Seller shall not be liable for delay in performance or failure to perform in whole or in part the terms of this Agreement due to causes beyond the reasonable control of Seller, including, without limitation, strike, labor disputes, shortages of material, war, riot or civil commotion, acts of the public enemy, insurrection, sabotage, or fire, flood or other acts of nature.

h. ASSIGNS. Any contract made hereunder is binding upon and shall inure to the benefit of the successors and assigns of the entire business and good will of either Seller or Buyer, or of that part of the business of either used in the performance of such contract, but is not otherwise assignable. Seller may subcontract any part of the work or services to be provided hereunder as Seller deems necessary. Buyer affirms that there exist no third party beneficiaries to Buyer's rights hereunder unless Buyer specifically identifies such beneficiaries on the face of Buyer's order or Buyer's acceptance of Seller's quotation.

e. MODIFICATION OF GENERAL TERMS AND CONDITIONS. No addition to or modification of any of the provisions herein or upon the face or reverse of any order shall be binding upon Seller unless made in writing and signed by a duly authorized representative of Seller.

f. GOVERNING LAW, JURISDICTION AND VENUE. This Agreement is governed by and construed under the laws of the Portuguese Republic without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof is the Portuguese Republic courts in the Olhão council.

g. USE OF SELLER’S GOODS IN LIFE SUPPORT, NUCLEAR AND CERTAIN OTHER APPLICATIONS. Goods sold by Seller are specifically manufactured for industrial control systems, and are not designed, intended or authorized for use in life support, life sustaining, nuclear or other applications, including, but not limited to, transportation operating systems, aircraft, missiles, and aerospace, in which the failure of such goods could reasonably be expected to result in personal injury, loss of life or severe property or environmental damage. Buyer acknowledges that use of Seller’s goods in such product applications is understood to be fully at the risk of Buyer and that Buyer is responsible for verification and validation of the suitability of Seller’s goods in such application. Buyer agrees that Seller is not liable, in whole or in part, for any claim or damage arising from use in such applications. Buyer agrees to indemnify, defend and hold Seller harmless from and against any and all claims, damages losses, costs, expenses and liabilities arising out of or in connection with such use.

h. LIMITATION OF LIABILITY. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT SELLER’S LIABILITY HEREUNDER.

EXCEPT FOR BODILY INJURY OR DEATH OF A PERSON, UNDER NO CIRCUMSTANCES WILL SELLER, ITS EMPLOYEES, OFFICERS OR DIRECTORS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANYONE UNDER ANY PRODUCT ORDER, SCHEDULE, OR THESE TERMS AND CONDITIONS, PURSUANT TO ANY THEORY BASED ON CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT FORESEEABLE OR FORESEEN,FOR: (A) BUSINESS INTERRUPTION COSTS, COST OF REWORK, RETESTING, PROCUREMENT OF SUBSTITUTE GOODS, REMOVAL AND RE-INSTALLATION OF GOODS; OR (B) ANY SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LITIGATION COSTS, LOSS OF DATA, PRODUCTION OR PROFIT, GOODWILL, LOSS OF REVENUE, OR LOSS OF UNITS; REGARDLESS OF WHETHER SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER THERE IS A TOTAL AND FUNDAMENTAL BREACH OF THIS AGREEMENT, OR WHETHER ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

SELLER’S LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE AMOUNT PAID OR PREPAID ON ACCOUNT BY BUYER FOR THE GOODS GIVING RISE TO SUCH CLAIMS. BUYER SHALL BE DEEMED TO ASSUME ALL LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR MISUSE OF THE GOODS BY BUYER, ITS EMPLOYEES, CUSTOMERS AND OTHERS.

SELLER SHALL NOT BE LIABLE FOR AND BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY GOODS BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION WITH OTHER PRODUCT(S).

i. RELATIONSHIP OF PARTIES. Seller and Buyer expressly understand and agree that Buyer is an independent contractor in the performance of each and every part of this order, is solely responsible for all of its employees, agents, and will indemnify Seller from any and all claims, liabilities, damages, debts, settlements, costs, attorneys' fees, expenses and liabilities of any type whatsoever that may arise on account of Buyer's activities or those of its employees or agents (including but not limited to direct and indirect distributors or sub distributors), including without limitation unauthorized representations or warranties (or failing to effectively disclaim all warranties and liabilities on behalf of Seller to the same extent as disclaimed herein) to its customers.

j. BASIS OF BARGAIN. EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS HEREIN ARE MATERIAL, BARGAINED FOR BASES OF ANY ORDER OR CONTRACT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER ANY ORDER OR CONTRACT AND IN THE DECISION BY EACH PARTY TO ENTER INTO SUCH ORDER OR CONTRACT.

k. PROPRIETARY DATA. Buyer agrees not to use or disclose drawings, specifications, technical information or other data furnished by Seller and identified by Seller as confidential or proprietary data without the prior written consent of Seller. Buyer agrees and acknowledges that any improvement or modification to such confidential or proprietary data shall be the sole property of Seller, regardless of whether any such improvement or modification was the creation of Buyer. Buyer further agrees to use all appropriate copyright and proprietary notices on all goods delivered hereunder regardless of their intended use. Buyer recognises that such proprietary data is unique and consents to the remedy of injunction in addition to damages for violation of the terms of this provision.

l. GENERAL. In the event of the appointment of a trustee, receiver, or liquidator for all or a portion of Buyer's property, Buyer's insolvency, or any voluntary or involuntary petition in bankruptcy by or against Buyer, Seller may terminate any order without further obligation or liability of Seller to Buyer.

In the event any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

RIGHT OF WITHDRAWAL

• The right of withdrawal by crediting the amount paid, is a particular form of warranty and is therefore subject to all the above provisions. It may be exercised, within 14 calendar days from the date of delivery, for products for which evidence defect attributable to the manufacturing / sales process, and not by improper use by the Purchaser or to damage caused by transport. 

  
  

  All transport costs (including insurances if any) are supported by the client.

  
  

  All returned products are tested before credit is issued. If no evidence of failure is detect on the returned products that can attributed to improper use by the Purchaser, the credit is issued to the same account/method used during the payment method used by the customer.

  
  

TRANSPORT INSURANCE

ENTIRE AGREEMENT