Terms and Conditions
TERMS: By placing its order with Construction Equipment Parts, Customer agrees to accept all of the terms set forth in these Terms and Conditions of Sale. Should Customer disagree, Customer must give written notice to Construction Equipment Parts within five (5) days’ receipt of the Terms and Conditions and immediately return all items purchased to Construction Equipment Parts.
PAYMENT: Payment must be made in accordance with the terms set forth on the invoice for all items purchased and services performed (collectively the “Parts”). If any payment is not made on a timely basis, Construction Equipment Parts has the right to terminate its performance or may continue to perform and seek recovery of all amounts owing under the Agreement.
THE PART WILL FIT: Construction Equipment Parts represents that as long as Customer has provided all the accurate information needed to identify the correct Part, the Part provided by Construction Equipment Parts will fit the application for which the Customer has requested. If the Part does not fit, Customer shall repackage the item and contact Construction Equipment Parts to allow Construction Equipment Parts to arrange for reshipment, at Construction Equipment Parts expense, and Construction Equipment Parts will replace the Part or refund the amount paid, at the option of Construction Equipment Parts. Note that this return shall not be at Construction Equipment Parts expense if the reason the Part does not fit is that Customer failed to give complete and accurate information to Construction Equipment Parts. Customer must notify Construction Equipment Parts in writing within two weeks of shipment of the Part to Customer or it shall be conclusively presumed that the Part fit.
LIMITED WARRANTY: ALL PARTS SOLD BY CONSTRUCTION EQUIPMENT PARTS HAVE A 30 DAYS LIMITED WARRANTY. RECONDITIONED PARTS HAVE A 90 DAYS LIMITED WARRANTY. ALL WARRANTEES RUN FROM THE DATE OF SHIPMENT. UNLESS OTHERWISE NOTED, THE LIMITED WARRANTY IS THAT THE PARTS SUPPLIED ARE FREE FROM MANUFACTURER’S DEFECT. THIS WARRANTY EXCLUDES IMPROPERLY INSTALLED PARTS, FAILURE DUE TO IMPROPER MAINTENANCE OF THE PART, ABUSE OF THE PART, OR ANY USE FOR WHICH THE PART IS NOT EXPRESSLY DESIGNED. THE SOLE REMEDY FOR ANY CLAIM UNDER THIS WARRANTY IS REPLACEMENT OF THE PART BY CONSTRUCTION EQUIPMENT PARTS OR AT CONSTRUCTION EQUIPMENT PARTS OPTION, REPAIR AND RETURN OF THE PART TO THE CUSTOMER. Should Construction Equipment Parts determine that replacement or repair are not possible, Construction Equipment Parts may, at its sole discretion, elect to refund the total amount of the order including freight. Customer is responsible for all labor to remove or reinstall the part and to package the part for redelivery to Construction Equipment Parts. Customer shall contact Construction Equipment Parts to permit Construction Equipment Parts to arrange for redelivery, at Construction Equipment Parts expense, for return of the part. Construction Equipment Parts will cover the cost of shipment of the replacement or repaired part to the place of delivery for the original part. CONSTRUCTION EQUIPMENT PARTS DISCLAIMS ANY LIABILITY FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES INCLUDING LOSS OF USE, LOSS OF PROFITS OR ANY OTHER DAMAGES OF ANY NATURE WHATSOEVER. CONSTRUCTION EQUIPMENT PARTS HEREBY DISCLAIMS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ALL WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO OBTAIN THE BENEFIT OF THE WARRANTY THE CUSTOMER MUST NOTIFY CONSTRUCTION EQUIPMENT PARTS IN WRITING PRIOR TO THE EXPIRATION OF THE WARRANTY. Customer agrees to follow all manufacturer’s instructions and recommendations and will not rely upon any representations or suggestions by representatives of Construction Equipment Parts other than those representations made in writing. No individual of Construction Equipment Parts has the authority to make any oral representations regarding the use, suitability, method of application, or otherwise concerning the Parts.
RETURNED PARTS: Parts may not be returned without the advance consent of Construction Equipment Parts. Any Parts that are allowed to be returned must be in first class, saleable condition. Construction Equipment Parts reserves the right to assess a handling and restocking charge of 20% and all shipping costs on return to be born by Customer.
CANCELLATIONS: Orders for custom Parts, or any Parts not normally kept in inventory on a shelf, cannot be cancelled or returned without consent of Construction Equipment Parts and typically a 20% cancellation fee will be assessed.
ORAL REPRESENTATIONS OF CONSTRUCTION EQUIPMENT PARTS: The Customer is not entitled to rely on any oral representations of any member of Construction Equipment Parts regarding the Parts and no wavier of any of the terms set forth herein shall be valid unless in writing.
SHIPPING: Should the Customer desire the Parts be shipped to Customer, Construction Equipment Parts will coordinate shipping but only as agent for Customer and shall not be liable for any loss or damage to the Parts in shipment or for any expenses of shipment and any risk of loss shall be on Customer from the date the product is picked up for shipment by the freight company. By placing an order, customer understands that further lead time may be necessary for processing and handling.
CORE RETURN: In the event credit is offered for a core return, the core return must be received by Construction Equipment Parts within 45 days of the invoice. Any core returns received thereafter are not entitled to any credit.
REPRESENTATION OF CUSTOMER: Customer represents that it has full authority to enter into this Agreement and there is no law, ordinance, or contractual restriction that would prevent Construction Equipment Parts from fulfilling its obligations. In the event of the same, Customer agrees to pay Construction Equipment Parts 100% of the purchase price set forth in this Agreement less any monies received from Construction Equipment Parts as a result of disposition of the Parts called for herein.
TAXES: Any tax now in effect, or hereafter imposed, on any article sold by Construction Equipment Parts will be added to the existing price, including sales tax.
SERVICE CHARGE: Customer agrees to pay Construction Equipment Parts, a SERVICE CHARGE of 1 ½% PER MONTH, an ANNUAL PERCENTAGE RATE OF 18%, on the outstanding balance of all invoices past due. This SERVICE CHARGE is in addition to and not in lieu of any other remedies Construction Equipment Parts may have provided, however Construction Equipment Parts reserves the right to require payment in advance of shipment.
ATTORNEY’S FEES: Should this account be placed in the hands of an attorney for collections, purchaser agrees to pay an attorney’s fee of thirty (30%) of the total amount due at the time the account is referred to the attorney. Customer further agrees to pay all attorneys fees incurred by Construction Equipment Parts in the event there is litigation concerning Parts supplied to the Customer or any of the terms of this Agreement.