Terms of Sale.
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.
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.
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
Assignment. The Purchase Order may not be
assigned to another party without the prior written consent of Plant Parts Ltd..
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.
Description. All Equipment sold by Plant
Parts Ltd. is described by one of 7 categories:
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.
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.
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.
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.
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.
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
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.
is the Purchasers sole responsibility to satisfy himself that the Equipment is
safe and fit for his purpose before use.
is the Purchasers sole responsibility to ensure that before use all lubricants,
sealing valves, safety levers etc. are fully compliant with the normal operating
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.
Law. Unless specified elsewhere on
the Purchase Order, English Law will apply to any disputes or litigation arising
directly or indirectly from this Sale.
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.
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
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.
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
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..
Definition of delivery.
Point of delivery is defined in the Purchase Order and shall be
interpreted in accordance with INCO terms 1990
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.
Copyright © 1994 - 2015 Plant Parts Ltd. Disclaimer Terms of Sale
Plant Parts: Home of Komatsu Aftermarket (Non Genuine) Parts, all Final Drives / Track Gearboxes and many other Heavy Construction Equipment / Machinery Quality Parts.