Terms and Conditions
CONDITIONS OF USE
Welcome to our online store! Surplus Filter and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully as they form a binding Agreement between you and Surplus Filter regarding the use of our services and website. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. We also have other policies and procedures including, without limitation, Shipping, Return, Privacy Policies and others.
PRIVACY
Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Surplus Filter (website: SurplusFilter.com) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Surplus Filter or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Surplus Filter, with copyright authorship for this collection by Surplus Filter, and protected by international copyright laws.
TRADE MARKS
Surplus Filter’s trademarks and trade dress may not be used in connection with any product or service that is not Surplus Filter’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Surplus Filter. All other trademarks not owned by Surplus Filter or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Surplus Filter or its subsidiaries.
LICENSE AND SITE ACCESS
Surplus Filter grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Surplus Filter. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Surplus Filter. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Surplus Filter and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Surplus Filter’s name or trademarks without the express written consent of Surplus Filter. Any unauthorized use terminates the permission or license granted by Surplus Filter. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Surplus Filter so long as the link does not portray Surplus Filter, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Surplus Filter logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Surplus Filter and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Surplus Filter reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Surplus Filter and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Surplus Filter and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Surplus Filter and its associates for all claims resulting from content you supply. Surplus Filter has the right but not the obligation to monitor and edit or remove any activity or content. Surplus Filter takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Surplus Filter are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Surplus Filter and its associates attempt to be as accurate as possible. However, Surplus Filter does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Surplus Filter itself is not as described, your sole remedy is to return it in unused condition. Please read our Return Policy as it applies to all returns.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Surplus Filter ON AN "AS IS" AND "AS AVAILABLE" BASIS. Surplus Filter MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYCOMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYCOMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MYCOMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYCOMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITED PRODUCT WARRANTY
We warrant that, at the time of delivery of a Product to a User or Customer, the Product will not be materially defective or damaged (the “Limited Warranty”). Customers residing in Brazil have the right to cancel and return their order within 7 days, for any reason. All Limited Warranty coverage terminates if the User or Customer sells or otherwise transfers a Product. This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, incorrect part number exchanges or buyer’s remorse. We unfortunately cannot guarantee that the appearance and details in our website images are 100% accurate representations of a Product, and product dimensions might in some cases be approximate for shipping purposes. Accordingly, this Limited Warranty does not cover such matters. This limited warranty starts on the date of the delivery of the Product to the User or the Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, Surplus Filter acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period. With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or Customer along with the shipping fees corresponding to the defective or damaged Products. Promptly following delivery of a Product, you will inspect the Product. If a Product is materially defective (including any error by Surplus Filter or its third party affiliates) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy.
PAYMENTS AND FEES
To pay for Surplus Filter’s products and services, you need a valid payment method (e.g. a credit card, PayPal) that you're authorized to use. All fees will be charged to your payment method. Note that you might need to reimburse us for any chargeback fees for returns that aren't in line with our policies.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). The fees for the Products and the Services (if and as applicable), as well as any associated delivery costs will be indicated on the Site when you place an order or pay for the Service. We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Surplus Filter for damages resulting from such unauthorized use.
With regard to payment methods, you represent to Surplus Filter that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.
You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
APPLICABLE LAW
By visiting Surplus Filter, you agree that the laws of the state of TEXAS, UNITED STATES OF AMERICA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Surplus Filter Company or its associates.
DISPUTES
Any dispute relating in any way to your visit to Surplus Filter or to products you purchase through Surplus Filter shall be submitted to confidential arbitration in the State of TEXAS, and County of Nueces within the UNITED STATES OF AMERICA, except that, to the extent you have in any manner violated or threatened to violate Surplus Filter’s intellectual property rights, Surplus Filter may seek injunctive or other appropriate relief in any state or federal court in the state of TEXAS, UNITED STATES OF AMERICA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping, Returns, and Privacy policies, posted on this site. These policies also govern your visit to Surplus Filter. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the Header menu, or at the bottom of our Web Page. Or you can email us at: customer.service@surplusfilter.com