We (B2E Surplus aka Back to Earth Surplus) are a commercial and industrial surplus product dealer. We acquire our products from company closures, obsolete systems, government surplus, overstock, etc. Unless otherwise indicated, all products include our 90-day warranty. However, most products do not include a "manufacturer's warranty". We present our surplus products as accurately as possible.
CONDITION - NEW - Our "new" products are generally "new surplus". They are generally "unused spares", "overstock", etc. When a manufacturer's warranty is not present, we will offer a 90-day in-house "materials and craftsmanship" warranty. Please see our "full warranty terms" listed below.
CONDITION - REFURBISHED - Products are cleaned, inspected, tested and serviced as-needed. We use a network of reliable technical service companies to accomplish this. Refurbished products will include a 90-day warranty. When exceptions and additional explaination is required, individual product listings will contain further details regarding product condition and refurbishment.
FULL WARRANTY TERMS AND CONDITIONS
Subject to the exclusions described below, all B2E Surplus products (“Products”) are warranted to be free from defects in materials and workmanship under normal use and service. Unless otherwise set forth in a quotation or agreed to by B2E Surplus in writing, standard Products are warranted for 90 days from the date of delivery to the buyer.
EXCLUSIVE REMEDY. In the event that B2E Surplus determines that a Product contains a defect in materials or workmanship, then B2E Surplus, in its sole discretion, will (a) repair the Product, (b) replace the Product, or (c) refund the purchase price of the Product. THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDY OF REPAIR, REPLACEMENT OR REFUND IS BUYER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY. IN NO EVENT SHALL B2E SURPLUS’ LIABILITY UNDER THIS WARRANTY EXCEED THE PURCHASE PRICE OF THE PRODUCT GIVING RISE TO THE WARRANTY CLAIM. All Products which are repaired or replaced shall be warranted only for the unexpired portion of the original warranty period.
EXCLUSIONS. This warranty does not cover (a) any failures which are not attributable to defects in materials or workmanship, including without limitation, failures caused by accidents, inadequate maintenance, misuse, unauthorized modifications or repairs, improper storage, and normal wear and tear, (b) any consumable parts or accessories, such as cutter blades, nut splitter chisels, punches, dies, chains, wedges, and strands, that are designed to wear over time or through use of the Product, or (c) electronics, motors, batteries, and engines, as these items are warranted by their manufacturer.
WARRANTY RETURNS. No Products shall be returned without prior authorization from B2E Surplus. Buyer shall prepay all shipping charges for the return of Products to B2E Surplus’ designated service location.
LIMITATION OF LIABILITY. IN NO EVENT SHALL B2E SURPLUS BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. B2E SURPLUS' LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO ANY ORDER IS LIMITED TO THE ORDER PRICE FOR THE SPECIFIC PRODUCT THAT GIVES RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BY OPERATION OR LAW, OR OTHERWISE.