Terms & Conditions:
The terms and conditions set forth below apply to all
transactions and agreements between Buyer and MKE Surplus, LLC. Any sale of services or products by MKE
Surplus, LLC is expressly conditioned upon these terms and conditions. Buyer hereby acknowledges reading these Terms
and Conditions and agrees that said Terms and Conditions shall apply to any
purchase or transaction between Buyer and MKE Surplus, LLC.
Buyer acknowledges that the parts, equipment or other property being sold (referred to herein as “the Parts”) are not brand new and may be used, reconditioned, re-purposed or salvage. Buyer accepts full responsibility to determine that the Parts are suitable for Buyer’s intended purpose and are in a safe working condition. Buyer agrees to have a licensed electrician or other qualified technician or expert inspect and install the Parts. The product is provided on an “as is” basis. MKE Surplus, LLC makes no representations or warranties or guarantees, express or implied, regarding the Parts, including any warranty of merchant ability or warranty of fitness for any particular purpose. Unless otherwise agreed in a writing signed by MKE Surplus, LLC, Buyer’s use of the Parts is at Buyer’s sole risk and Buyer and Buyer’s agents, heirs and assigns shall have no recourse against MKE Surplus, LLC or its members relating to any personal injuries, property damage, economic claims or any other damages that may arise out of the use of the Parts.
Buyer agrees that Buyer is voluntarily and unequivocally waiving any liability in the part of MKE Surplus, LLC relating to the purchase and use of the Parts. MKE Surplus, LLC shall not be liable to Buyer or any third party for any indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for personal injury, death, or loss of profits, property, or revenues of any kind which exceed the purchase price of the Parts.
In consideration for Buyer’s agreement to have the Parts inspected before use, Buyer shall have the right to return any defective or inoperable Parts to MKE Surplus, LLC and receive a full refund of the amount Buyer paid for the defective or inoperable Parts that are returned.
In the event of any disputes between Buyer and MKE Surplus, LLC, venue shall lie in Milwaukee County, Wisconsin. The maximum liability of MKE Surplus, LLC with respect to the sale of the Parts shall be an amount equal to the purchase price paid by Buyer for the Parts.