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Terms and Conditions
Thank you for visiting www.used-tools-equipment.com (this “website”). The purpose of this website is to sell equipment, tools, materials, and vehicles that were purchased for and used by a not-for-profit organization at a construction site. Kingdom Support Services, Inc. (“KSS” or “we”) endeavors to recover funds through the sales.
Our earnest desire is to have happy buyers. We look forward to working with you.
© 2016 Kingdom Support Services, Inc. All rights reserved.
Acceptance of Terms
By using this website, you agree to these Terms of Service (“Terms”). Please read them carefully. If you do not agree to be bound, you must not use this website.
Our products and services made available to you through this website are diverse. So, sometimes additional terms may apply. Additional terms will be available with the relevant products and services, and those additional terms become part of your agreement with us.
We may revise these Terms from time to time, for example, to reflect changes to the law or changes to a service. Please check this page regularly. The revised Terms will apply to the use of this website from the date of their publication on this website.
You agree to accept responsibility for all activities that occur under your account. This website is directed to adults. You represent that you are of sufficient legal age and competence to use the products and services made available to you through this website. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
License to Use Website
If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access and use this website, subject to the restrictions set out below. Unlicensed access is unauthorized. All rights not expressly granted to you in these Terms are reserved and retained by KSS.
You may not:
- Misuse this website or its services, such as interfering with or accessing this website or its services using a method other than what is explicitly provided;
- Use this website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of this website;
- Use this website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
- Send misleading, unsolicited, or spam e-mails or communications, including through phone calls;
- Use data mining, robots, or similar data gathering and extraction tools;
- Post or distribute artwork, electronic publications, flyers, trademarks, photos, text, videos, or articles (collectively “Content”) from this website on the Internet, including any websites, file-sharing sites, video-sharing sites, or social networks; and
- Reproduce, duplicate, copy, distribute, or otherwise exploit any Content on this website for a commercial purpose or for money, even if no profit is involved.
No Implied Endorsements
Any reference to a third party product or service is in no event an approval or endorsement by us of that third party, product, or service.
All products are used and sold “AS IS.” Please see additional information in the “As Is” Sale and Limitation of Liability section.
To assist you in making your purchase decision, we may characterize the condition of an item as “like new,” “good,” or “acceptable.”
“Like new” refers to a well-cared-for item that has seen limited use and remains in great condition. The item is complete and undamaged, but may show some signs of wear.
“Good” refers to an item showing wear from consistent use, but it remains in good condition and works fine. It may be marked, have identifying markings, or show other signs of previous use.
“Acceptable” refers to an item that is fairly worn but continues to work. Signs of wear can include aesthetic issues, such as scratches, dents, and worn corners. It may be marked, have identifying markings, or show other signs of previous use.
We attempt to be as accurate as possible. However, we do not warrant that Content on this website, including descriptions of the products and their condition, is accurate, complete, reliable, current, or error-free. Some pictures are not of the actual item included in your order, for example, if many of a similar item are available for sale. We may periodically add, change, improve, or update the information on this website without notice.
Returns and Refunds
Please review our Return and Refund Policy.
Please review our Shipping Policy.
Some Items Unavailable for Purchase Online
Some items, such as heavy equipment and vehicles, are not available for purchase online. The online listings are for informational purposes only. If you are interested in purchasing such items, please call us at (845) 524-3586.
This website is not intended for use outside the United States. For international purchase or shipping, please contact us directly.
We cannot confirm the price of an item until you order. Prices listed do not include freight, handling, shipping, taxes, or other fees. Despite our best efforts, a small number of the items in our catalog may be mispriced.
Sales Tax and Regulatory Fees
Items sold by KSS may be subject to state and local sales and use taxes and regulatory fees. The amount of tax charged on your order will depend on many factors, including the type of item purchased and destination of the shipment. If an item is subject to sales tax in the state to which the order is shipped or delivered, tax is generally calculated on the total selling price of each individual item. In accordance with state tax laws, the total selling price of an item will generally include shipping and handling charges. Factors can change between the time you place an order and the time of credit card charge authorization, which could affect the calculation of sales taxes. If you are exempt from paying sales tax for a given transaction, you are responsible for submitting the specific tax exemption documents for each applicable state where you are claiming sales tax exemption.
Vermont Sales: Vermont sales tax was not collected on this sale. Sales tax is due on the purchase and it is not exempt from Vermont Sales and Use tax. Vermont requires the purchaser to pay the Use tax due on his or her tax return.
Colorado Sales: Kingdom Support Services, Inc. is not required to, and does not, collect Colorado sales
or use tax. Under Colorado law, purchases are not tax-exempt merely because they were made over the internet or because a seller is not required to collect Colorado tax. Colorado law requires Colorado purchasers to review untaxed purchases and, if any tax is owed, file a Colorado use tax return and pay any tax due. Visit Colorado.gov/Tax/Usetax for more information.
Pennsylvania Sales: Pennsylvania sales or use tax may be due in connection with the purchase and
delivery of tangible personal property to Pennsylvania individuals and businesses. The
purchaser is required to file a use tax return if tax is due in connection with the
purchase and delivery in the Commonwealth. This notice is required pursuant to the
provisions of the Tax Reform Code of 1971. 72 P.S. § 7213.2.”
Risk of Loss
Some items purchased from KSS may be made pursuant to a shipment contract. For such items, the risk of loss and title pass to you upon our delivery to the carrier.
Acceptance of Orders
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. KSS reserves the right, without prior notice, to limit the order quantity on any item and refuse service to any customer. Verification of information may be required prior to the acceptance of any order. By placing a credit card order, you grant KSS permission to contact the credit card holder’s bank to verify the name and address.
“As Is” Sale and Limitation of Liability
Many jurisdictions have laws protecting consumers and other contract parties. We respect such laws. Nothing herein waives rights or responsibilities that cannot be waived.
ALL MATERIALS, PRODUCTS, TOOLS, EQUIPMENT, AND VEHICLES ON THIS WEBSITE ARE SOLD ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED BY LAW, KSS AND ITS CONSIGNORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNLESS OTHERWISE SPECIFIED IN WRITING, KSS AND ITS CONSIGNORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE CONDITION AND FUNCTIONALITY OF THIS WEBSITE OR THE MATERIALS, PRODUCTS, TOOLS, EQUIPMENT, VEHICLES, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE.
THE CONTENT AND INFORMATION PRESENTED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AS TO SUITABILITY, RELIABILITY, ACCURACY, APPLICABILITY, MERCHANTABILITY, FITNESS, NONINFRINGEMENT, RESULT, OUTCOME, OR ANY OTHER MATTER. KSS AND ITS CONSIGNORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT AND INFORMATION PRESENTED ON THIS WEBSITE, INCLUDING DESCRIPTIONS OF THE PRODUCTS OR THEIR CONDITION. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
KSS AND ITS CONSIGNORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, TOOLS, EQUIPMENT, VEHICLES, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Breach of Terms
If you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to this website, prohibiting you from accessing this website, contacting your Internet service provider to request that it block your access to this website, and bringing legal action against you.
Law and Jurisdiction
These Terms are governed by and construed according to the laws of the state of New York, U.S.A., without regard to conflict-of-laws provisions. Any legal action relating to these Terms must be brought in a state or federal court having jurisdiction in the state of New York, U.S.A.
If a provision of these Terms is determined by a court of competent jurisdiction to be void, invalid, unenforceable, or illegal, the other provisions will continue in effect. Failure of KSS to enforce any provision of these Terms does not constitute a waiver of such provision or of the right to enforce such provision.
These Terms constitute the entire agreement between you and KSS in relation to your use of this website, and supersede all previous agreements with respect to your use of this website.