Plant Parts Ltd. Conditions of Sale – FDC is a trading name of Plant Parts Ltd.
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 contact take precedence over and completely replace any other terms and conditions put forward by the Purchaser.
- 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.
- 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.
- Assignment.The contract 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 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.
- Description.All Equipment sold by Plant Parts Ltd. is described by one of the following 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.
New Genuine (Gen). Product produced by the original machine/equipment manufacturer
New OEM (OEM). Product produced by a supplier that also supplies the genuine machine/equipment manufacturer
New Non-Genuine (NG). (Also known as Aftermarket) – Product produced by a third party manufacturer that is compatible with the genuine part.
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.
- Order Acceptance. Order are not accepted as valid purchase orders until the proposed order has been checked by Plant Parts Ltd. for stock, price, tax status, delivery cost & other factors. Purchase orders are confirmed as valid once all the necessary checks have been completed.
If a proposed purchase order cannot be fully satisfied Plant Parts Ltd will contact the enquirer to discuss options for resolving issues including but not limited to a full refund.
- 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.
- Law. Unless specified elsewhere on the contract, 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.
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
- 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.
- Delivery. Point of delivery is defined in the contract and shall be interpreted in accordance with INCO terms 2010. Any delivery period indicated on the website is an estimate based on our experience but is not a guaranteed time period, merely a statement of intent.
All delivery prices are exclusive of all taxes and duties which are the sole responsibility of the purchaser.
If you are unable to accept our goods from our couriers, and they have had to return the items to us a reshipping fee will be levied.
- Returns. All returns require prior authorization for Plant Parts Ltd. Products are accepted by Plant Parts Ltd. solely at our discretion. Any refunded value is determined by:
- The cost of returning any product will be born solely by the returnee
- The condition of returned products – any damage whatsoever will normally render the product valueless (including packaging) and so refund will be given
- Products ordered in error:
- Standard Stock Items when returned for credit where the customer has requested Plant Parts check the order will normally incur a 15% quality checking and administration charge
- Standard Stock Items when returned for credit where the customer has NOT requested Plant Parts check the order will normally incur a 25% quality checking and administration charge
- Non stock or special order items are not returnable
For customers outside the EU responsibility for satisfying local taxation and customs charges is solely the responsibility of the customer and purchaser
- Liability. Our liability to you for the Goods shall be limited to the purchase price of the Goods. Claims for consequential losses will not be accepted by Plant Parts Ltd.
The sale is made on the basis that a qualified person who is familiar with the equipment will fit and test the parts interoperability before handing the machine back to the operator. Plant Parts Ltd. will not be held liable for any damage resulting from incorrectly fitting parts.
All manufacturers’ trade marks and names are recognized as belonging to their owners.
Where part numbers or other manufacturers data is used this is for reference purposes only and does not imply that parts supplied by the Final Drive Centre or Plant Parts Ltd. originate from any specific manufacturer.
Any advice given by the Final Drive Centre or Plant Parts Ltd. is given in good faith but should be checked before purchase.