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Customer Service & Terms of Use Agreement

1.         User Agreement.  Halcyon Electronics LLC d/b/a Electronic Surplus and/or its subsidiaries, affiliates, divisions and related companies (collectively called the “Company”) provide this Site to you, subject to this Terms of Use Agreement (the “Agreement”), which governs your use of the Company’s website located at www.electronicsurplus.com and all associated sites linked to it by the Company (collectively called the “Site”).  Please read this Agreement carefully.  By accessing and/or using this Site, you represent to Company that: (a) you are 18 years of age or older; (b) you are authorized to make promises, representations, purchases and agreements on your own behalf or on behalf of your employer or business enterprise (collectively included in the term “you” for purposes of this Agreement); and (c) you agree to be legally bound and to abide by this Agreement.  IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THIS SITE. COMPANY MAY REFUSE YOUR ACCESS TO THE SITE IF YOU DO NOT FULLY COMPLY WITH THIS AGREEMENT.

2.         Amendments.  Company reserves the right, in its sole discretion, to change, modify, supplement or otherwise amend all or any part of this Agreement (collectively called “Amendments”) at any time, effective immediately, upon notice published on the Site. Your continued use of the Site constitutes your binding acceptance of such Amendments.  You agree to review this Agreement periodically to become aware of such Amendments and to ensure your compliance with them.  All Amendments are hereby incorporated into this Agreement by this reference.  If at any time this Agreement is no longer acceptable to you, then you must immediately cease all use of the Site. 

3.         Privacy Policy.  Company’s Privacy Policy applies to your use of this Site and its terms are made a part of this Agreement by reference.  Any questions not addressed in the Privacy Policy, should be sent tosales1@electronicsurplus.com. 

4.         Electronic Communications.  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.

5.         Copyright and Trademarks.  You acknowledge and agree that all content available on or accessed through the Site, including without limitation, all materials, documents, information, images, photographs, illustrations, audio and video clips, text, graphics, links, digital downloads, user interfaces, icons, software, trademarks, service marks, logos, designs, titles, words, phrases and codes are the property of Company and/or related third party and are protected by U.S. and international copyright and trademark laws (collectively called the "Content").  The compilation of the Content on the Site (meaning the collection, arrangement, assembly, look and feel) is also the exclusive property of Company and also protected by U.S. and international copyright and trademark laws.  ALL RIGHTS ARE RESERVED IN CONNECTION WITH THE CONTENT.  You agree to comply with all applicable copyright and intellectual property laws and regulations and any additional copyright notices, information, or restrictions contained in any Content. 

6.         Your Use of Site and Content.   You may not use the Site for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others. In no case shall you use and/or re-publish the Site or its Content without express prior written permission of Company.  You may not modify, publish, transmit, transfer or sell, resell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit the Site or its Content, in whole or in part, except as expressly permitted in this Agreement.  You agree that you do not acquire any ownership rights by accessing or downloading any of the Content and you may not store electronically any portion of any Content.  You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any such downloaded Content.  Company reserves all rights in the Site and the Content not expressly granted hereunder. 

7.         Equipment.  You are solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the Site and all charges arising from or relating thereto.

8.         Disclaimers.  Company attempts to be as accurate as possible, but Company does not represent, guarantee or warrant that the Site and its Content are accurate, complete, reliable, current, or error-free.  Company does not represent, guarantee or warrant that the Site and your use of the Site will be free from technical inaccuracies, typographical errors, interruptions, interferences, viruses, attacks, corruptions, defects, omissions, deletions, delays or failures in operations or transmissions, and/or theft, destruction, unauthorized access or security intrusions by any person or entity and Company expressly disclaims any liability relating thereto.  You acknowledge and agree that Company reserves the right to do any of the following, at any time, without notice to you: (a) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (b) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (c) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

9.         No Warranties.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND PURCHASE OF ANY PRODUCTS FROM OR ON THE SITE ARE AT YOUR SOLE RISK.  THE SITE AND ALL PRODUCTS MADE AVAILABLE THROUGH THE SITE, TO THE GREATEST EXTENT PERMITTED BY LAW, ARE PROVIDED AND/OR SOLD TO YOU BY COMPANY "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, PRODUCT COMPATABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. 

10.      Limitation of Liability. YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER LOSS OR DAMAGE, OF ANY KIND OR NATURE WHATSOEVER, WHETHER GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INCOME OR DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL INJURY, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OR INABILITY TO USE THE SITE AND/OR ANY PRODUCT HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE FOREGOING, COMPANY IS FOUND TO BE LIABLE FOR ANY DAMAGE OR LOSS UNDER THIS AGREEMENT, THEN COMPANY’S TOTAL LIABILITY TO ANY PERSON OR ENTITY FOR ALL DAMAGES SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT.  IF THE CLAIM DOES NOT INVOLVE A PRODUCT, THE COMPANY BEARS NO LIABILITY.  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.   SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11.      Breach of Agreement and Indemnity.  If you breach this Agreement, Company may, in its sole discretion and without prior notice, terminate and/or block your access to the Site, without liability to you or any third party. You acknowledge that your breach of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate and therefore, you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances.  These remedies are in addition to any other remedies Company may have at law or in equity.

You further agree to defend, indemnify and hold Company (which term includes its shareholders, members, managers, directors, officers, employees, agents, representatives, successors and assigns) harmless from and against any and all demands, liabilities and claims arising out of or related in any way to your breach of this Agreement.  You also agree that Company will be entitled to recover from you, and you agree to pay, all costs, losses, damages, expenses and attorneys fees incurred by Company as a result of or connected in any way with your breach, in addition to any other relief granted to Company.

12.      Sales Terms and Policies

Please review these policies carefully as they govern and set out your rights and obligations with respect to your purchases from the Site, including important limitations and exclusions.  By placing an order on this Site you expressly acknowledge and agree that this Agreement applies to your order(s) and that:

  • Company reserves the right, in its sole discretion, to refuse or cancel any order, to limit the provision and quantity of any product to any person, entity or geographic area, to terminate your account and/or to require additional qualifying information prior to accepting or processing any order.
  • Company reserves the right to change the terms and conditions of a sale, to change the products offered by the Company and/or to change the prices for any products, at any time, for any reason, without notice. 
  • Company reserves the right to cancel your order if there is a typographical error concerning the pricing or availability of the product ordered, without any liability or obligation to you or any third party. 
  • Your order cannot be changed, modified, or canceled once your order is in processing.
  • Company will send you an order confirmation via email, which will include the price of the product(s) and the estimated shipping charges.  Your final invoice will be adjusted to reflect actual shipping costs.
  • All sales are governed by Ohio law and therefore, applicable sales tax will be added to all orders placed by customers residing in Ohio.
  • If your order does not meet the minimum requirement of $14.00 of merchandise (excluding all shipping costs) then an up charge will be added to your order to meet the minimal charge.
  • You are responsible for maintaining the confidentiality of your account and password and for all activities/purchases occurring under your account or password.
  • THE DISCLAIMERS, NO WARRANTIES AND LIMITATION OF LIABILITY PROVISIONS SET FORTH IN SECTIONS 8, 9, AND 10 OF THIS AGREEMENT APPLY TO ALL PRODUCTS SOLD TO YOU.  

Payment Methods – You can pay for your purchase by credit (American Express, Discover, MasterCard, and Visa), debit, or check card associated with a billing address within the United States and most United Statesterritories.  Company requires the credit, debit, or check card security code for all orders to protect against the unauthorized use of your credit card by other persons.  Company does not begin payment processing until Company receives all of the required information and full payment or a full authorization in the case of credit card.  Company will begin payment processing for orders placed on weekends or holidays on the next business day.  If you wish to pay by cashier's check or money order, you must place your order by phone at (440) 205-8388. The cashier's check or money order must be payable to Electronic Surplus and mailed to 8755 Munson Road #6, Mentor, Ohio 44060, along with your order confirmation.  Company must receive your payment within 10 calendar days or your order will be cancelled.  Please allow one business day for order processing after Company receives your payment.

Domestic Shipping -- The estimated shipment date on your order is based on product availability, payment processing time, and warehouse processing time and does not include transit time.  Company strives to ship all orders the same business day they are received, but that is not guaranteed.  Orders processed after 12:30 p.m. EST or on weekends may not ship until the following business day.  If an item is not in stock you will be notified of the product's status within 1 Business Day.  Shipping charges at checkout reflect basic shipping for small packages under the specified weight; Company will contact you with additional shipping charges for heavy or large orders.  Shipping Options are: Ground shipping which is usually delivered within 2-3 business days after shipment; 2-Day shipping and Next Business Day shipping. UPS is our preferred domestic carrier, but Federal Express and USPS may also be used upon customer’s request or for expidited service.  Delivery of your order is beyond Company’s control once it leaves our facility and therefore, Company does not assume liability for late deliveries, regardless of the delivery method you specify.  Risk of loss and title for all products will pass to you upon our deposit of the product to the shipping carrier. Contact the Company for rates, restrictions, costs, and arrangements for all other shipments.  In the case of an international shipment, please contact the Company to determine if that is possible and to obtain the applicable shipping and handling charges and other applicable taxes and fees. Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to bidding or buying. 

Returns and Refunds -- If a product offered by Company is not as described, your sole remedy is to return the product in unused condition.  All product returns must be authorized by the Company within fifteen (15) calendar days of the invoice date.  You must return the product to the Company within fourteen (14) calendar days of the issuance of the RMA from the Company.  All products must be packed in the original packaging including any accessories, manuals, documentation, and registration that shipped with the product.  You will be responsible for any loss or damage to the product during return shipping and the cost of freight.  Company will assess a 15% restocking fee on any returned product.  This fee will not apply to products returned for exchange or replacement.  All refunds will be based on your original method of payment.  Shipping fees are not refundable.  All authorized defective returns which are timely returned will be replaced or repaired, at Company’s sole discretion.  Products purchased under specific government or education contracts and or regulations may be subject to different return policies. 

Dead On Arrival (DOA) Products -- A product is considered Dead on Arrival (DOA) if it shows symptoms of a hardware failure, preventing basic operability, when you first use it after opening the box. If you believe that your product is DOA, please call us within fifteen (15) calendar days of the invoice date.  Upon its return, Company will determine whether the product is DOA and will, in its sole discretion, replace the defective product or refund the purchase price.   If Company determines that a returned product is not DOA or determines that you have misrepresented a returned product’s condition, then Company may impose a 15% restocking fee.

Questions or Assistance -- For questions, assistance or order status information please contact us by phone at (440) 205-8388 Monday - Friday from 9 a.m. to 4 p.m. EST.  Please contact the manufacturer directly if you have any questions or issues related to the product’s manufacturer’s warranty (if any), technical support and customer service.

13.      Miscellaneous.  This Agreement constitutes the entire agreement between you and Company and governs your use of the Site, superseding any prior agreements between you and Company.  If any part of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  Company's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement.  Company will not be responsible for failures to fulfill any obligations due to causes beyond its control. No Company employee or agent has the authority to vary this Agreement or any other Company policies, in whole or in part.  This Agreement will inure to the benefit of Company's successors and assigns.  Except as set forth herein, this Agreement shall not benefit or create any right or cause of action in or on behalf of any third party.  This Agreement may not be assigned by you without the prior written consent of Company.

14.      Governing Law.  All disputes, claims or controversies arising out of this Agreement, or the validity or performance of this Agreement (collectively referred to as the "Litigation") shall be governed by and construed and enforced in accordance with the laws of the State of Ohio without regard to any conflict of laws principles. You and Company hereby: (a) irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the federal or state courts located in Cuyahoga County, Ohio for the Litigation, (b) waive any objection to such venue/jurisdiction, and (c) agree not to plead or claim that the Litigation has been brought in any inconvenient forum or that there are indispensable parties to the Litigation that are not subject to such venue/jurisdiction.  Nothing herein will prohibit the parties from settling their disputes in any forum as they may mutually agree, including binding or non-binding mediation or arbitration.

15.      Notices.  Any notices to be given to Company pursuant to this Agreement may be given by U.S. mail to Electronic Surplus, 8755 Munson Road #6, Mentor, Ohio 44060.  Any notices to be given to you pursuant to this Agreement will be sent to the email address you provide to Company and will be deemed given 24 hours after the email is sent, unless we are notified that the email address is invalid.  Alternatively, we may give you notice by certified mail, postage prepaid, to the address you provide to Company, if an address was supplied.  In such case, notice shall be deemed given 3 days after the date of mailing.

16.      Links to Other Sites.  This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Company’s control, and Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

17.      Void Where Prohibited.  Company administers and operates the Site from its location in Mentor, Ohio.  Although the Site is accessible worldwide, not all features and products provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.  Any offer for any feature or product made on the Site is void where prohibited. 

18.      Feedback and Information.  Any feedback you provide at this Site will be deemed to be non-confidential and Company will be free to use the same on an unrestricted basis.  You are not authorized to post on or transmit to the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law. If you do so, you agree to assume all claims, costs, losses, expenses, damages and liabilities caused by such activity and will indemnify, defend and hold Company harmless from and against the same. 

This Agreement was last revised and posted on the Site on January 31, 2010 to be and have effect from that date forward.