1. Precedence. Unless otherwise stated in the contract all sales made by Plant Parts Ltd. are subject to the terms of contract as defined in the contract. These conditions of contract take precedence over and completely replace any other terms and conditions put forward by the Purchaser.
2. Definitions. The contract 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 contract. The Seller is Plant Parts Ltd. of Crockatt Road, Hadleigh, Ipswich, Suffolk, IP7 6RD, England.
The Purchaser is the person or organisation named in the contract, Invoice or otherwise defined. Equipment means all the goods and services that are the subject of the contract.
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 contract 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 contract 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 contract. 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 4 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 new equipment and a similar life expectancy will be provided. Warranties will be provided as defined on the contract.
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 deficiencies or imperfections that do not detract from its immediate function. Warranties or guarantees are not normally provided for this category of equipment, exceptions to this condition will be specifically stated in the contract.
Unspecified. Equipment in this category may operate but may also provide no functionality and have a scrap value. No guarantees or warranties are provided for this class of equipment.
If upon receipt, the Equipment is found to differ from the defined 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.’s discretion and will be in full and final settlement. Claims for consequential losses arising from Plant Parts Ltd. actions or inaction’s 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 breakage’s 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 contract. Where services are supplied by Plant Parts no warranty is provided unless specifically included in the contract.
8. Law. Unless specified elsewhere on the contract, 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, 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, orders sent by email must be responded to by Plant Parts to ensure receipt. 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.
Most offers made by Plant Parts are subject to Prior Sale, where parts are no longer available the order will not be accepted.
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 contract and shall be interpreted in accordance with INCO terms 2010.
13. Statutory Interest. We charge interest on all overdue accounts in accordance with the Governments current rates and legislation.