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Terms of Sale.

 

1.     Precedence. Unless otherwise stated in the Purchase Order all Sales made by Plant Parts Ltd. are subject to the terms of contract as defined in the Purchase Order. These conditions of contact take precedence over and completely replace any other terms and conditions put forward by the Purchaser.

2.     Definitions. The Purchase Order is all written and verbal correspondence between Plant Parts and the Purchaser undertaken up to the acceptance of the Purchasers order. The Purchasers specification and Plant Parts offer will normally constitute the Purchase Order. The Seller is Plant Parts Ltd. of Unit 11a, Lady Lane Industrial Estate, Hadleigh, Ipswich, Suffolk, IP7 5BS, England.  The Purchaser is the person or organisation named in the Purchase Order, Invoice or otherwise defined. Equipment means all the goods and services which are the subject of the Purchase Order.

3.     Transfer of Property and Risk. The Equipment will become the property of the purchaser upon payment of the full contract price. Risk in the machinery or plant shall pass to the Purchaser upon delivery in accordance with the contract.

4.     Assignment. The Purchase Order may not be assigned to another party without the prior written consent of Plant Parts Ltd..

5.     Price. The agreed selling price as stated on the Purchase Order is deemed to be in full and final settlement and is inclusive of duties and taxes applicable to the point at which the title to the goods is transferred as defined on the Purchase Order. The Purchaser is responsible for all duties, taxes and levies arising from International, National, State and Local Authorities beyond the point at which title to the equipment passes to him.

6.     Description. All Equipment sold by Plant Parts Ltd. is described by one of 7 categories:

New.  Unused, complete with protective treatments as applied by the manufacturer and fitting and safety literature.  The equipment will be subject to a warranty or guarantee as defined by the manufacturer.

Reconditioned. The full functionality of the equipment as if in new condition will be provided. Materials and finishes will be to a similar standard to a new equipment and a similar life expectancy will be provided. Warranties will be provided as defined on the Purchase Order.

Good Used. Equipment in this category will be in a condition that allows the purchaser to utilise the equipment without any major repair or modification being required. Equipment in this category will be part worn and may have minor deficiencies or imperfections which do not detract from its function. Warranties or guarantees are not normally provided for this category of equipment, exceptions to this condition will be specifically stated in the Purchase Order.

Used - Functional. Equipment in this category will operate or provide the principal functions) but will be worn and may have ancillary parts missing. Examples of this category would be engines that have not been run for some time, digger buckets that have been welded, cabs with broken window glass etc. No guarantees or warranties are provided for this class of equipment.

Suitable for repair. Equipment will be suitable for repair by a skilled machine fitter using good quality standard hand tools. Examples of this category would include hydraulic rams requiring replacement seals. No Guarantees or warranties are provided for this class of equipment.

Suitable for reconditioning. Equipment will be suitable for repair by a skilled machine fitter with access to workshop machine tools. Examples of this category would include hydraulic final drives with damaged gears. No guarantees or warranties are provided for this class of equipment.

Scrap. Plant Parts Ltd. bears no responsibility for this class of Equipment beyond its scrap metal value.

        If upon receipt, the Equipment is found to differ from the category then Plant Parts Ltd. will be responsible for providing  either a replacement part, or the cost of modifications / repair to make the equipment comply with the defined category, or will provide  a full refund. The course of action will be at Plant Parts Ltd.ís discretion and will be in full and final settlement. Claims for consequential losses arising from Plant Parts Ltd. actions or inactionís will not be considered.

        Upon receipt the Purchaser will satisfy himself that the Equipment or services provided by Plant Parts Ltd. meets with the defined category. Claims for breakageís or wrong supply must be made within 8 working hours (8 AM - 5 PM Monday - Friday only) from receipt of the equipment or services, claims made after that time will be dealt with at Plant Parts Ltd. sole discretion.

        It is the Purchasers sole responsibility to satisfy himself that the Equipment is safe and fit for his purpose before use.

        It is the Purchasers sole responsibility to ensure that before use all lubricants, sealing valves, safety levers etc. are fully compliant with the normal operating conditions.

7.     Warranty.  All Equipment sold by Plant Parts fall into one of the categories defined in the above section, the category is defined in the Purchase Order. Where services are supplied by Plant Parts no warranty is provided unless specifically included in the Purchase Order.

8.     Law. Unless specified elsewhere on the Purchase Order, English Law will apply to any disputes or litigation arising directly or indirectly from this Sale.

9.     Time of completion. Whilst we will endeavour to complete performance of the contract by the date provided therefore time shall not be of the essence of the contract.

        Where fulfilment in any respect of the contract is hindered by any cause not entirely within our control (Including but not limited to industrial action, strikes, lockouts, fire or accident, delay in delivery of or defects in materials and damage to goods in transit) a reasonable extension in time shall be granted having regard to all the circumstances and the contract shall not be cancelled.

        We shall in no case be under any liability to meet any claim for direct or indirect loss or damages arising from our failure to complete performance by the date provided therefore whether or not such failure is due to any cause within our control

10.  Order Acceptance Unless otherwise stated in writing all offers made by Plant Parts Ltd. are subject to availability (e.g. prior sale) and have a validity of 10 days.  Plant Parts Ltd. reserves the right to refuse any order (whether the Purchaser has indicated his intention to purchase or not) up to the time at which the Purchasers payment clears into Plant Parts Ltd. bank account.

        Plant Parts Ltd. will normally only accept orders by letter or fax transmission. Acceptance of the order will normally only be made against full payment in advance, generally this will be by bank credit transfer or clearance of the Purchasers cheque.

11.  Termination. Cancellation by Purchaser whether verbal or written, will not be accepted by Plant Parts Ltd. at any time. All requests for termination must be notified in writing.. Where Plant Parts Ltd. has not incurred any losses a full refund will usually be given subject to an administration charge defined by Plant Parts Ltd..

12.  Definition of delivery.  Point of delivery is defined in the Purchase Order and shall be interpreted in accordance with INCO terms 1990

13.  Statutory Interest. We charge interest on all overdue accounts in accordance with the UK Governments current rates and legislation

iss 3 - 24-3-1999

These terms may be changed by Plant Parts Ltd. without notice.

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