Terms of Use

Effective Date: November 6, 2026

These Terms of Use (“Terms”) govern your access to and use of psurplus.com and the services offered by American Premium Surplus (“American Premium Surplus,” “APS,” “we,” “us,” or “our”).

By accessing or using the website, creating an account, requesting a quotation, submitting materials, downloading documents, or otherwise using our services, you agree to these Terms.

If you are using the website on behalf of a company or other organization, you represent that you are authorized to act on its behalf.

1. Business Use and Eligibility

This website is intended for business-to-business (B2B) use only.

By using the website, you represent that:

• you are at least 18 years old;
• you are using the website for legitimate business or professional purposes;
• any information you provide is accurate and not misleading; and
• if you act for a company or organization, you are authorized to do so.

The website is not intended for consumer retail transactions.

2. Nature of Our Services

American Premium Surplus facilitates the sale and brokerage of surplus chemicals and related materials.

Depending on the transaction, materials may be owned by American Premium Surplus or by a third party.

American Premium Surplus may therefore participate in a transaction as a direct seller or may facilitate a transaction involving materials owned by another party.

In all cases, communications, quotations, negotiations, and transaction coordination are handled through American Premium Surplus unless we expressly state otherwise.

The website itself does not provide online checkout or payment processing, and purchases are not completed merely by using the website.

3. Inventory and Availability

Materials displayed on the website represent current or recent business opportunities and do not constitute a permanent catalog.

Inventory may:

• become unavailable;
• be sold;
• be withdrawn;
• change in quantity;
• change in condition; or
• otherwise become unavailable without prior notice.

Displaying a material on the website does not guarantee that it remains available when you contact us.

Submitting a quotation request does not reserve the material.

4. Quantities, Weights, and Packaging

We intend listed quantities, weights, and packaging information to be accurate.

However, minor and infrequent differences may occur due to package-weight variation, final handling, measurement, or other practical circumstances.

Unless otherwise specifically agreed in a final transaction document, website quantities should not be treated as an absolute guarantee of the final delivered quantity.

Where weight is identified as gross weight, it includes the applicable packaging as described on the website or in the relevant transaction documents.

5. Product Descriptions and Technical Information

Product descriptions, conditions, specifications, manufacturer information, technical details, and similar information may be supplied by manufacturers, suppliers, owners of the materials, or other third parties.

American Premium Surplus may review such information for business and presentation purposes but does not independently test or verify every technical statement.

You are responsible for determining whether a material is suitable for your intended use.

Before purchasing, processing, transporting, storing, or using any material, you should conduct any technical, regulatory, safety, compatibility, or other evaluation appropriate to your business.

6. TDS, SDS, COA, and Other Documents

Technical Data Sheets, Safety Data Sheets, Certificates of Analysis, and other documents made available through the website may originate from manufacturers, suppliers, material owners, or other third parties.

Unless American Premium Surplus expressly states otherwise, APS:

• is not the original author of those documents;
• does not independently verify all information contained in them;
• does not guarantee that a document is complete, current, or applicable to every intended use; and
• provides access to such documents for business evaluation and transaction-related purposes.

Users remain responsible for obtaining and reviewing all documentation necessary for their intended use and for complying with applicable safety and regulatory requirements.

Access to certain documents may require a verified account.

TDS, SDS, COA, inventory PDFs, and other protected materials made available through the website may be used for legitimate internal business evaluation and transaction purposes related to American Premium Surplus.

Unless separately authorized, you may not commercially redistribute, resell, republish as your own, or systematically distribute these documents.

Third-party technical documents remain the property of their respective manufacturers, suppliers, or other owners; American Premium Surplus does not claim ownership of their copyright.

7. Quotation Requests

A quotation request submitted through the website is an inquiry only.

It:

• is not a purchase order;
• does not create a contract;
• does not reserve inventory;
• does not guarantee price;
• does not guarantee availability; and
• does not obligate American Premium Surplus to sell, broker, supply, or obtain any material.

A transaction becomes binding only when the applicable commercial terms are separately agreed by the relevant parties through appropriate transaction documents or communications.

8. Accounts

Eligible users may create accounts on the website.

You are responsible for:

• maintaining the confidentiality of your account credentials;
• providing accurate information;
• protecting access to your account; and
• notifying us if you reasonably believe your account has been compromised.

An account does not create a customer relationship, guarantee access to inventory, guarantee transaction approval, or obligate APS to enter into any transaction.

Certain documents or features may be available only to verified account holders.

9. Early Access and Communications

Users may choose to subscribe to communications regarding available materials and business opportunities.

Subscribers may receive early access to selected offers before public release.

Early access is a business service provided at our discretion and is not a guarantee that every offer will be distributed in advance or that any particular advance period will apply.

Availability remains subject to change even after an early-access communication is sent.

Marketing preferences and privacy practices are governed further by our Privacy Policy.

10. Supplier Submissions

Submitting materials through the website is a request for evaluation only.

A submission:

• does not require American Premium Surplus to purchase or broker the material;
• does not constitute acceptance of an offer;
• does not guarantee that the material will be marketed or sold; and
• does not create a commitment by APS.

You represent that you are authorized to submit the information and files you provide.

You retain ownership of your submitted content.

By submitting information or files, you grant American Premium Surplus a limited, non-exclusive right to store, review, reproduce internally, and use the submitted information as reasonably necessary to:

• evaluate the material;
• communicate with you;
• evaluate potential transactions;
• market or broker the material where authorized; and
• facilitate or complete a potential transaction.

This limited permission does not transfer ownership of your documents or intellectual-property rights to American Premium Surplus.

11. Confidentiality of Business Identities

American Premium Surplus does not automatically or publicly disclose supplier or buyer identities merely because a listing, inquiry, or submission exists.

Where appropriate to facilitate a transaction, relevant information may be disclosed when authorized, requested, or reasonably necessary to proceed with a transaction.

Communications and transaction coordination generally remain through American Premium Surplus.

12. Acceptable Use

You may use the website only for lawful business purposes.

You may not:

• provide intentionally false or misleading information;
• impersonate another person or company;
• attempt to gain unauthorized access to accounts, systems, files, or administrative functions;
• circumvent authentication, document-access, rate-limiting, or other security controls;
• interfere with the operation or security of the website;
• introduce malicious code;
• abuse quotation, contact, supplier, or subscription forms;
• use automated systems to extract inventory or protected information in a manner that materially burdens the website or circumvents access restrictions;
• misuse protected documents;
• use the website or its information to commit fraud or unlawful activity; or
• use the website in violation of applicable trade, export, sanctions, or other laws.

13. Account Suspension and Termination

American Premium Surplus may suspend, restrict, or terminate access to an account when reasonably necessary because of:

• suspected misuse;
• false or misleading information;
• security concerns;
• attempted circumvention of access controls;
• misuse of protected files or services;
• unlawful activity;
• material violation of these Terms; or
• conduct that reasonably threatens the website, APS, its users, its business operations, or transactions.

We may take temporary protective action while investigating a security or abuse concern.

Termination or suspension of an account does not eliminate obligations arising from prior transactions.

14. Export Controls and Sanctions

You are responsible for complying with applicable trade and regulatory requirements.

You may not use the website, request, purchase, receive, resell, export, re-export, transfer, or otherwise deal with materials in violation of applicable United States export-control laws, sanctions, embargoes, restricted-party requirements, or other applicable trade restrictions.

You represent that your use of the website and participation in transactions will comply with applicable laws and that you will not knowingly cause American Premium Surplus to participate in an unlawful transaction.

APS may decline, suspend, or terminate a transaction where compliance concerns exist.

15. Intellectual Property

Unless otherwise indicated, the website design, text, graphics, branding, logos, software, arrangement, and original website content are owned by or licensed to American Premium Surplus and are protected by applicable intellectual-property laws.

You may use the website and its content for legitimate internal business purposes related to evaluating potential transactions with APS.

You may not reproduce, republish, systematically extract, resell, or commercially exploit substantial portions of the website or its inventory database without authorization.

Third-party trademarks, product names, technical documents, and other third-party materials remain the property of their respective owners.

16. Third-Party Websites and Services

The website may contain links to third-party websites or services.

American Premium Surplus does not control third-party websites and is not responsible for their availability, content, security, terms, or privacy practices.

Use of third-party services is subject to the terms and policies of those providers.

17. Website Availability

We may change, suspend, restrict, update, or discontinue portions of the website from time to time.

We do not guarantee uninterrupted, error-free, or continuous availability of the website or any particular feature.

Temporary interruptions may occur because of maintenance, security measures, technical failures, service-provider issues, or other circumstances.

18. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the website, its content, inventory information, and related online services are provided on an “as is” and “as available” basis.

Except for warranties expressly stated in a final transaction agreement, American Premium Surplus disclaims warranties regarding:

• website availability;
• continued inventory availability;
• completeness or accuracy of supplier-provided information;
• technical documents supplied by third parties;
• suitability of a material for a particular application;
• merchantability;
• fitness for a particular purpose; and
• non-infringement,

to the extent such warranties may lawfully be disclaimed.

Nothing on the website replaces your own technical, safety, regulatory, commercial, or legal evaluation of a material.

19. Limitation of Liability

To the maximum extent permitted by applicable law, American Premium Surplus will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including:

• lost profits;
• loss of production;
• loss of business opportunities;
• business interruption;
• loss of anticipated savings;
• loss of goodwill; or
• similar commercial losses,

arising from or relating to the website, information provided through the website, or a transaction.

To the maximum extent permitted by applicable law, the total aggregate liability of American Premium Surplus arising from a specific transaction will not exceed the amount actually paid to American Premium Surplus in connection with the specific goods, services, brokerage, or transaction giving rise to the claim.

Where American Premium Surplus acts solely as a broker or intermediary, its aggregate liability will not exceed the brokerage, commission, or service fees actually paid to American Premium Surplus for that transaction.

These limitations do not apply to liabilities that cannot legally be excluded or limited under applicable law.

20. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless American Premium Surplus and its officers, employees, representatives, and agents from claims, losses, liabilities, damages, and reasonable costs arising from:

• your material breach of these Terms;
• your unlawful use of the website;
• information or files you submit without sufficient authority or rights;
• your violation of applicable export-control, sanctions, trade, or other laws; or
• your infringement of the rights of another party.

This section does not require indemnification for liability caused solely by conduct for which American Premium Surplus cannot lawfully disclaim responsibility.

21. Privacy

Our collection and handling of personal information are described in our Privacy Policy.

Where optional analytics technologies are used, privacy choices are provided as described in that policy.

22. Governing Law and Venue

These Terms are governed by the laws of the State of Michigan, United States, without regard to conflict-of-law principles.

To the extent permitted by applicable law, any legal claim brought against American Premium Surplus arising from these Terms or use of the website shall be brought in a court of competent jurisdiction in Michigan.

American Premium Surplus may bring an action in Michigan or in another court of competent jurisdiction where the other party, relevant assets, transaction, or enforcement circumstances provide a lawful basis for jurisdiction or venue.

23. Changes to These Terms

We may update these Terms from time to time to reflect changes in our website, services, business practices, or applicable requirements.

The current version will be published on this page with its effective date.

Changes do not retroactively alter separately agreed transaction terms unless the applicable parties expressly agree otherwise.

24. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

Any invalid provision will be interpreted or limited as necessary to make it enforceable while preserving its intended purpose as closely as reasonably possible.

25. No Waiver

Failure by American Premium Surplus to enforce a provision of these Terms does not waive our right to enforce it later.

26. Entire Website Terms

These Terms, together with our Privacy Policy and any other terms expressly applicable to a particular website feature, govern use of the website.

A specific quotation, purchase agreement, invoice, order confirmation, brokerage agreement, or other transaction document may contain additional or different terms governing an individual transaction.

Where a specific transaction agreement expressly conflicts with these website Terms regarding that transaction, the specific transaction agreement controls.

27. Contact

Questions regarding these Terms may be directed to:

American Premium Surplus
888 West Big Beaver Road, Suite 200
Troy, MI 48084
United States
Email: info@psurplus.com