Terms of use

If You Do Not Agree With Any Term Or Provision Of These Terms Of Use, Please Exit This Site Immediately. Please Be Advised That Your Continued Use Of This Website Or The Products Or Information Provided Thereby Shall Indicate Your Consent And Agreement To These Terms Of Use.

Section 1- Proprietary Rights

As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, body, and the look and feel, design and organization of the Website, and all materials and content related to our programs even if the materials or content are not accessed through the Website. Your use of the Website does not grant to you ownership of any content, software, code, body or materials you may access on the Website.

Section 2- Prohibited Conduct

Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:

1. Not to access the Website using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers
2. Not to engage in multi-level marketing using the Website, including, without limitation, pyramid schemes, and similar marketing concepts
3. Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes
4. Not to solicit personal information of another person or request or obtain access to an account of another person
5. Not to bully, intimidate, or harass any person
6. Not to use the Website in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory
7. Not to take any action that could disable, overburden, or impair the operation or availability of the Website, such as a denial-of-service attack
8. Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Website, or to artificially generate traffic to another website
9. Not to facilitate or encourage any violations of these Terms and Conditions
10. Not to issue chargeback disputes against us
11. Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property
12. Not to copy, distribute or disseminate the Website or any portion thereof, and not to transfer the Website, or any portion thereof, to another person or 'mirror' the Website, or any portion thereof, on any other server
13. Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Website or any portion thereof.

Section 3- Seller Guidelines

1. In the course of your use of the Website, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the T&C, we shall have the right to suspend or terminate your account on the Website or indefinitely block you from accessing the Website
2. As a registered seller, you shall list item(s) for sale on the Website in accordance with the policies which are incorporated by way of reference in this T&C. You must be legally able to sell the item(s) you list for sale on our Website and must have all the necessary licenses and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties
3. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Premium Surplus reserves the right to delete such multiple listings of the same product listed by you in various categories. Premium Surplus reserves the right to restrict the selling of products originating from certain countries
4. Seller’s liability to Buyer on any claim, whether based on contract, warranty, tort (including but not limited to negligence, negligence per se, vicarious liability, etc.), strict liability, or any other claim that may arise with respect to the goods or services delivered hereunder, shall in no case exceed the purchase price of the goods and services or part thereof. In no event shall Premium Surplus be liable to Buyer for any special, punitive, direct, indirect, pecuniary or non-pecuniary, incidental or consequential damages arising out of, or as a result of, the sale, delivery, non-delivery, servicing, use or loss of use of the goods or any part thereof, or for any charges or expenses of any nature incurred, regardless of Seller’s negligence and Buyer agrees to indemnify and hold Premium Surplus harmless from any and all such claims of damage by Buyer or others
5. Seller expressly disclaims any and all liability for the proper design, manufacture, or operation of any goods, parts or components designed, manufactured or supplied by the Buyer to the Seller, or third-party parts specified by Buyer. This includes any design, modification or addition to Seller’s goods that is provided by the Buyer to the Seller, whether or not Seller has agreed to such Buyer’s design, modification or addition
6. It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. Premium Surplus shall not be responsible for any deficiency and/ or omission on your part
7. Seller shall, at its own expense, pack, load, and deliver Goods to the Delivery Point and in accordance with the invoicing, delivery terms, shipping, packing, and other instructions printed on the face of the Purchase Order or otherwise provided to Seller by Buyer in writing. No charges will be allowed for freight, transportation, insurance, shipping, storage, handling, demurrage, cartage, packaging or similar charges unless provided for in the applicable Purchase Order or otherwise agreed to in writing by Buyer
8. You shall be responsible for the content posted or transmitted on the Website by you. The content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, and you are not entitled to any payment or other compensation for such use
9. Premium Surplus reserves the right to reject, edit, modify and delete any posts or listings made by the Seller
10. As a Premium Surplus Seller, you are strictly prohibited to share your company name and contact details in the product listings. Purposefully participating in such activities whether in text, images and videos may result in deletion of the product listing and complete ban from using the services
11. Premium Surplus can also help Sellers setup their profiles and list products on the website, if we receive a help request via email

Section 4- Bidding Guidelines

By submitting an item for sale, bidding for an item or purchasing an item from Premium Surplus you are agreeing to be bound by these Terms & Conditions.

1. The specifications mentioned on the product is SOLE responsibility of the seller at the time of sale. Any specifications given by Premium Surplus is given on behalf of the seller.
2. In the event of a purchaser cancelling the bid or failing to comply with the auction guidelines, any payment to account of the price made by such a purchaser shall be fortified and the concerned will revert to the seller. The lot thereafter may be re-sold and the defaulting purchaser shall pay to the seller any loss or damage sustained as a result of such a resale.
3. Each product shall be sold to the highest bidder and in the event of any dispute between bidders regarding any lot, such lot may be re-exposed for sale at our discretion.
4. Premium Surplus reserves the right to refuse the bid of any person and that without any reason. Premium Surplus reserves the right to bid as agent for any prospective buyer and further reserve to themselves the right to regulate the bidding and the conduct of the sale. Their decision on all matters affecting the sale shall be final and binding.
5. There is no obligation on Premium Surplus to recognize any transfer of a purchase.

Section 5- Shipping

Once your purchase has been confirmed, your order will be usually processed and shipped as soon as possible. We use courier companies who’ll have access to API and they will provide tracking information and keep you updated regarding the same after your placed order has been processed. All tracking numbers will be emailed once the order is processed. International shipments are subject to import taxes and duties by the destination country upon receipt which is the sole responsibility of the buyer.

Shipping costs will be calculated at the time of checkout and it may vary depending on weight, postal code, and shipping method. Shipping to remote locations may require additional time for delivery.

We may provide shipping time estimations for all of our products. We will work to get your order to you as quickly as possible, but please note that our shipping lead times are all estimations and we cannot guarantee an order to arrive by a specific time.

Estimated delivery dates are indicative & approximate values only and items can be shipped earlier or later also on case-to-case basis depending on availability of item and other factors. No refund, returns, replacement & exchange will be entertained for this reason.

• Bad weather
• Flight delays
• National holiday
• Order fulfilment process
• Customs clearance procedures
• Other unforeseen circumstances

While we will use our best efforts to fulfil all orders, we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.

In case of internal disturbances in the recipient destination (war, strife, riots etc.), we reserve the right to cancel an order and refund the money if we feel that a package cannot be delivered safely.

Section 6- Feedbacks And Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g., quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Premium Surplus feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Section 7- External Links

From our Website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone 'bad'.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE WEBSITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Section 8- Limitations On Use

You may not reproduce, resell, or distribute our products for any purpose unless you have been specifically permitted to do so under a separate agreement with Premium Surplus . You may not sell or enable any third parties to resell the products purchased by You, display on any website or otherwise publish the services or any Content obtained from a Service or otherwise generate income from the services or use the services for the development, production or marketing of a service or product substantially similar to our services.

Section 9- Indemnification

You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Website or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Section 10- Disclaimer Of Warranties

(A) THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE WEBSITE, IS PROVIDED 'AS IS,' 'AS AVAILABLE', WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

(B) WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR SERVICES (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE WEBSITE.

Section 11- Limitation Of Liability

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SELLERS (COLLECTIVELY, THE 'PROTECTED ENTITIES') BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE WEBSITE, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.

Section 12- Termination

We may terminate, change, suspend or discontinue any aspect of the Website's products or services at any time. We may restrict, suspend or terminate your access to the Website and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.

Section 13- Communication

If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.

Section 14- Force Majeure

Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.

Section 15- Governing Law And Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with American laws, and the courts of Michigan will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of use.

Section 16-Copyright

©Premium Surplus 2022. All rights reserved. All materials presented on this Website are copyrighted and owned by us, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this Website is expressly prohibited.

Section 17- Dmca Takedown Procedure

Premium Surplus will always respect the intellectual property of others, and we ask that all of our users do the same. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

• The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
• A description of the location of the Website which you allege has been infringing upon your work;
• Your physical address, telephone number, and email address;
• A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
• A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

Section 18- Modifications

We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Website and/or the products or services offered on or through the Website after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.

Section 19- Accepting This Terms Of Use

You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this agreement. You further agree that the terms and conditions set out under this agreement are fair, reasonable and just given the matters set out under this agreement and you waive any and all rights to have any claims against us on grounds set out above.