TERMS & CONDITIONS
**Our assets will have a certified seal, if the seal is broken then the return is void and we will not accept your asset as a return.**
*Factory Information*
King Surplus is not making any representations, warranty of merchantability or any implied warranty of fitness for a particular purpose.
Packing Required for safe shipment & estimated Fees: ALL PACKAGING AND RIGGING SERVICES ARE PRICED ON A CASE BY CASE BASIS
Conditions for Rigging, Packaging & Shipping
- KSC has been in the AUCTION / LIQUIDATION business 50 years. We liquidate over 1 million items per year. All items are for sale at our 100,000 sqft warehouse and Brick & Mortar Store in Del Rio Texas. Buyers are encouraged to stop by to inspect items or browse our inventory of more than 50,000 items. All sales are FOB Del Rio Texas 78840 unless otherwise stated in our ads.
- BUYERS are 100% responsible for their packaging & shipping choices. Packaging & Shipping is a managed RISK. The cheaper the packaging or shipping cost the higher the risk.
- By bidding or buying on a KSC item buyers agree to hold KSC completely harmless for any damage or delay to their purchaser. If the buyer fails to recognize our terms and conditions after purchase, prior to leaving a KSC facility, we will charge a 10% restocking or reselling fee and refund you the remaining amount.
- BUYERS are welcome to use the SHIPPER of their choice or pick up themselves.
- BUYERS may also load and package their purchased items at our facility only after signing a liability release, hold harmless and load out agreement. Buyer must also have $1M General Liability insurance and proof of “VALID TEXAS” Workman’s Comp insurance to facilitate loading and packaging of their purchased items.
- Large items may require Rigging or Crane Fees: Rigging fees are quoted on a case by case basis, if you need a quote please ask prior to purchase or at time of purchase.
TERMS & CONDITIONS
1. SALES TAX: Buyers are responsible to pay sales tax in their State and in Texas if picked up at our Texas locations. Out of State buyers shipping items to themselves are tax exempt under Texas law with a legitimate shipping bill of laden from an ICC licensed shipper. However, if buyer picks up their item themselves or any shipper that is not ICC licensed the State law requires us to charge the buyer State Sales Tax. The only exception to this is if the BUYER is a businesses, government agency or non profit with a valid Resale or Tax Exempt Certificate. We are required to call the State that issued the Resale or Tax Exempt Certificate to varify that they are valid.
2. As you can see from our feedback, we at KSC will go out of our way to help our customers. However, please understand that we are liquidators; not dealers:
- In Texas we are considered a “Negotiated Sale Liquidator” which is similar to an online or public AUCTION. We go out of our way to fairly represent the asset in liquidation. If the BUYER is new to auctions and liquidations please keep in mind that we only have what you see in our photos.
- KSC will GUARANTY OUR WORD & WORKMANSHIP ONLY: If the asset received is not as shown in our photos, video or the description we offer a 14 day money back guaranty from the date of payment. Why from date of payment and not date of receipt? Texas consignment law and our contract requires us to pay our clients 20 days from receipt of payment.
- KSC staff will answer general questions to the best of their ability. However, KSC Staff may not possess the technical knowledge or experience to answers questions regarding purpose or that an asset is fit for a particular purpose. For this reason, KSC can not make operational guaranties or give advice on assets regarding use for a particular purpose. KSC also does not do we repair or sell parts. Buyers are responsible to satisfy themselves as to the merchantability or fitness for their purpose and we always recommend that the Buyer call the Original Equipment Manufactures (OEM) for manuals and application instructions.
- We only have what you see in our photos and we will guaranty our Word and Workmanship which means that the BUYER WILL BE GETTING THE SAME ITEM AND CONDITION AS SHOWN IN THE PHOTOS.
- KSC HAS A PROCESS FOR TESTING AND DESCRIBING ASSETS WE MIGHT NOT KNOW ANYTHING ABOUT:
- YELLOW TESTED > CONNECTED TO POWER OR ATTEMPT TO START: When possible we attempt to PLUG IN or POWER UP the asset in liquidation. However, some items may not be complete or we might not enough have 440v power to power up. If we are unable to power up an asset we will write on the YELLOW TAG: UNABLE TO TEST .
- Additionally, many times KSC employees may not have the expertises to properly operate the machine, so all we can do it plug it in and not operate so the buyer need to know this. Buyers are alway welcome to come by, send their representative or attempt to call KSC and attempt to walk our employees through the process of properly testing the equipment if they are willing to hold us harmless. Feel free to ask if you have questions.
- UNKNOWN TAG: There are times our staff does not have the training or expertise to make a condition statement. In those cases they state the manufactures name, model and photograph the factory tag. We will photograph any apparent missing items or damage. However we do not always know when parts or pieces are missing, it will be the buyers responsibility to ensure they know what they are buying. ALL UNKNOWN assets are sold ASIS WITH NO RETURNS WHATSOEVER.
3. BUYERS REMORSE: If you make a mistake just tell us the truth and we will try to help you. Send us a message with BUYERS REMORSE in the subject and our customer service manager will contact you directly to help. Be honest. We are good people and willing to help. Look at our feedback and see we bend over backwards to help our customers.
4. NOT HAPPY: Call us! We are a family owned and operated company. Give us an opportunity to help. Leaving negative feedback will not help your case.
5. Returns: If we have an asset that is listed with a return policy you must follow the steps outlined in order to qualify for a return.
1. King Surplus requires pictures andor videos to review any return claim.
2. IF APPROVED, we will send you a Confirmation Number along with contact information for your case.
3. If you do NOT have a RETURN # from King Surplus our shipping dock will not reject your shipment.
4. Our assets have certified seals on them. If the seal is broken the return is voided. We will not accept your return.
5. Upon approval of return, Buyer must notate return # on shipping label or BOL. Shipments must be prepaid, if they arrive COD they will be rejected.
6. Item must be photographed on the truck or in the hands of ups, fedex or usps personnel and/or freight carrier
a. Seals must be photographed and shown in the ship out pictures
b. Item must be returned to us in the exact same condition, all parts included.
c. If anything is missing, damaged or not approved for return, shipment will be rejected and refund denied.
6. PAYMENT TERMS:
Just FYI: In the state of Texas it is illegal to purchase an item from any retailer then stop payment without properly returning the item. Any amount over $700 is a felony. If a credit card company or PayPal allows a buyer to stop payment the venue is Val Verde County, Del rio Texas and falls under Texas law. This is public notice, as required by law, that we AUTOMATICALLY file charges WITHOUT NOTICE on all theft by check, ACH and credit card purchasers.
Our payment terms must be strictly adhered to:
1. Payment in full is due with in 48 hours on all items below $10K.
2. Any item above $10K requires payment in full or a 10% non-refundable deposit within 48 hours. The balance will be paid within 7 calendar days after the deposit.
3. We accept the following methods of payment:
- KSC DOES NOT ACCEPT AMERICAN EXPRESS or DISCOVER, even through PAYPAL. KSC reserves the right to cancel any sale paid with AMEX OR DISCOVER
- $1 to $2000 Paypal. If payment is made through PayPal in any amount greater than $2000 KSC reserves the right to cancel the sale and refund the funds.
- $1 to $4000 MasterCard or Visa through our Merchant account with signed Credit Card authorization form. (NOT THROUGH PAYPAL).
- Up to $10,000 Company check sent overnight (10 day hold for clearing). NO SNAIL MAIL!
- Over $10k or INTERNATIONAL BUYERS please contact us directly for payment options.
4. KING SURPLUS COMPANY (KSC) IS A TEXAS COMPANY WHICH IS LICENSED AND BONDED TO OPERATE AND SELL ANY OFFERING WE MAKE UNDER TEXAS LAW, buyers in other States may not have the same laws so it is the buyers responsibility to satisfy themselves what and how they are buying is legal in their State. Regardless, KSC WILL NEVER SELL IN ANY OTHER STATE OTHER THAN THE STATE OF TEXAS. All assets offered & sold by KSC are FOB DEL RIO TEXAS Del Rio, Val Verde County Texas regardless of their location.
5. ALL BUYERS WILL BE BUYING FOB OUR TEXAS LOCATIONS REGARDLESS OF WHERE THEY ARE LOCATED. ALL OFFERINGS AND SALES ARE OFFERED IN TEXAS AND WILL BE GOVERNED BY AND ACCORDING TO TEXAS LAW. ALL SALES ARE ENTERED INTO AND FINALIZED IN DEL RIO TEXAS, Val Verde County. KSC will operate under all Texas laws including Texas Sales Tax rules and other laws regardless where the sale is made or shipped to. By bidding buyer agrees to our standard terms & conditions for all sales. Jurisdiction/Venue: This agreement is deemed to be entered into, executed, and performed in DEL RIO Texas and shall be construed, interpreted, governed, and enforces in accordance with the law of the State of Texas. The proper Venue for enforcement of this agreement shall be Val Verde County, Texas.
