PARTS TERMS AND CONDITIONS
USED PARTS
Warranty. Used Products are sold on an AS-IS basis, without any warranty whatsoever, except as may be expressly stated in writing.
Seller expressly disclaims all warranties, either expressed or implied, including any implied warranty of merchantability or fitness for any particular use. Seller neither assumes nor authorizes any other person to assume any liability on its behalf in connection with this sale. Only the manufacturer’s warranty, if any, and provisions provided herein apply to this sale.
For used parts sold by Seller, as of the time of purchase the used parts are guaranteed to meet Caterpillar reusability guidelines. If Seller, in its sole discretion, determines the part is unusable per Caterpillar’s reusability guidelines, the customer will be refunded the costs for the part and shipping.
For rebuilt parts, there is a 90-day warranty beginning on Seller’s invoice date. For any rebuilt part that is returned to Seller for repairs under the warranty and Seller determines the part is damaged due to improper use or installation, the customer will be notified and may be required to pay for costs of repair and shipping.
Returns/Repairs. Before any part is returned for repair, the customer must receive a return authorization from Seller. If the customer fails to receive a return authorization prior to shipping the part to Seller, then Seller reserves the right to refuse to repair the part and will not incur any costs associated with the repair or shipping of the part. Any attempt to salvage or repair the part without prior approval from Seller will void any warranty provided by Seller. The customer is responsible for part and shipping costs for any part ordered due to customer error.
NEW PARTS
Warranty. Seller expressly disclaims all warranties, either expressed or implied, including any implied warranty of merchantability or fitness for any particular use. Seller neither assumes nor authorizes any other person to assume any liability on its behalf in connection with this sale. Only the manufacturer’s warranty, if any, and provisions provided herein apply to this sale.
For new/surplus parts, there is a 90-day warranty beginning on the Seller’s invoice date. On a case-by-case basis after the return authorization has been issued by Seller, the customer may (1) receive a refund for the part and shipping charges, (2) receive a replacement part if the part is available in current inventory, or (3) receive the part after it has been repaired.
Returns/Repairs. Before any part is returned for repair, the customer must receive a return authorization from Seller. If the customer fails to receive a return authorization prior to shipping the part to Seller, then Seller reserves the right to refuse to repair the part and will not incur any costs associated with the repair or shipping of the part. Any attempt to salvage or repair the part without prior approval from Seller will void any warranty provided by Seller. The customer is responsible for part and shipping costs for any part ordered due to customer error.
Parts Return Policy- New Parts Only.
Stock Items: Current Parts Furnished from Dealer Stock
Non-Stock Items: Parts that did not come from current dealer stock
Other vendor parts will be accepted for return only if our supplier will accept the return from Gregory Poole Equipment Company. Credit will be issued equal to the amount we receive from our supplier, less any freight charges incurred.
TERMS APPLICABLE TO ALL PARTS SALES
Payment Terms. Gregory Poole Equipment Company’s standard credit account terms apply to all purchases made on existing credit accounts. For online orders and cash sales, payment is due at time of purchase.
Orders. You agree that your order is an offer to buy, under and in accordance with these Terms of Sale, all Products listed in your order. All orders must be accepted by Dealer or Dealer shall not be obligated to sell the Products to you. Dealer may choose not to accept any orders in its sole discretion. After Dealer receives your order, you will receive an email that confirms receipt of your order and includes details relating to your order (the “Order Confirmation”). Acceptance of your order will not take place unless and until you have received the Order Confirmation; provided, that your Order is still subject to cancellation as provided in this Agreement. Upon issuance of the Order Confirmation, these terms and conditions will be the contract of sale for your order
Acceptance of Goods. Customer has a duty to inspect all goods immediately upon delivery. Customer will be conclusively presumed to have accepted goods in the condition existing at the time of delivery hereunder unless within forty-eight (48) hours thereafter Customer notifies Seller of any actual existing defects that the goods are rejected.
Cancellation. You have the option to cancel or modify your order at any time before the applicable Order Confirmation is sent by calling Caterpillar’s Customer Care at 1-866-CAT-1460 (“Customer Care”). Notwithstanding anything else to the contrary, Seller reserves the right, at its sole discretion, to cancel or refuse any order at any stage of the ordering process, including at any time up until the Shipping Confirmation has been sent. Seller reserves the right to screen you and your order for, among other things, compliance with applicable law and Seller or CAT policies. If Seller, in its sole discretion, determines that you or the order do not comply with any such law or policy, then Seller shall have the right to cancel your order without any cost, liability or obligation to Seller or CAT. In addition, Seller reserves the right to cancel your order if at any time prior to shipment Seller determines that it does not have the Products you ordered in inventory. Such cancellation and termination shall be at no cost, liability or obligation to Seller or CAT.
Title and risk of loss. Title and risk of loss will pass to you (a) in the case of shipment, upon delivery of the Products to the shipping address listed in the Shipping Confirmation, and, (b) in the case of pick up at the Seller’s location listed in the Shipping Confirmation or otherwise agreed to by the Seller, upon delivery of the Product to you or your representative at such location. Shipping and delivery dates are estimates only and cannot be guaranteed.
Limitation of Liability/Costs. Seller is not responsible for any incidental or consequential damages. Seller is not responsible for any labor or miscellaneous costs required to remove or reinstall any part covered herein. Seller will not provide, at its own expense, any rental equipment for Customer while the part is being repaired; however, Customer has the option, at its own expense, to rent replacement equipment from Seller.
Choice of Law/Jurisdiction. All transactions are governed by the laws of the State of North Carolina. Any lawsuit arising out of any transaction with Seller must be filed and litigated in the state or federal courts located in Wake County, North Carolina.
Attorneys’ Fees. The prevailing party in any dispute arising out of a transaction between Seller and Customer is entitled to recover its reasonable attorney’s fees and court costs.
