PARTS.CAT.COM – TERMS AND CONDITIONS OF SALE
These terms and conditions together with the other documents incorporated below are the basis on which Finning (UK) Ltd agrees to supply you with goods from this Website. Please read these terms carefully before placing orders on line with us.
We recommend that you print off and retain a copy of these terms and conditions.
From time to time we may update these terms and conditions. We will notify you by e-mail of any such update.
This Website is primarily designed for use by business customers in the UK who require parts and consumables for their Caterpillar manufactured equipment. As such we expect such users to have the necessary technical knowledge and competence to determine the products which they require. We cannot be held liable for the consequences of the selection, or subsequent fitting or use, of incorrect products. Please note that we reserve the right at any time, without notice, to make changes to the content of the Website, including in relation to the prices, specifications and availability of parts and consumables.
Important references used in these terms and conditions
“we”, “us”, “our” and “Finning” means Finning (UK) Ltd.
“you”, “your”, “Customer” means the customer entering into a contract on line for the purchase of Goods from Finning.
“Confirmation of Order” means the email communication provided by Finning to you confirming acceptance of your Order and that the Goods have been despatched.
“Force Majeure Event” means any circumstance beyond the reasonable control of Finning including severe weather, accident, trade sanction, national emergency, utility outage or labour dispute.
“Goods” means the goods listed for sale on our Website.
“HMRC” means Her Majesty’s Revenue and Customs Service.
“Order” means an order placed on line by the Customer requesting to purchase Goods from Finning.
“Order Acknowledgement” means an email communication from Finning to the Customer acknowledging receipt of an Order. This does not constitute acceptance by Finning of the Order.
“Website” means parts.cat.com
1. The Contract Process
1.1 All Orders placed are subject to acceptance by Finning. After you submit an Order we will send you an Order Acknowledgement to let you know that we have safely received it. A sale contract will not be formed between the Customer and Finning until we issue you with a Confirmation of Order via email.
1.2 If for any reason we are not able to accept your Order, or any part of it (for example the Goods or some parts of them are no longer available or are out of stock) we will inform you by e-mail or telephone and, subject to your agreement, we will only proceed with those elements of the Order which we can fulfil.
2. Health and Safety
2.1 All Goods are sold subject to the condition that any directions, warnings and advice given by the manufacturer and supplied with the Goods, or which are subsequently notified by Finning to the Customer in writing, are strictly observed and that their contents are specifically drawn to the attention of the Customer’s employees and own customers.
2.2 It is your responsibility to ensure that the Goods ordered are correct and fit for your intended purpose: Finning shall not have any responsibility to you for any claims, damage or expenses which you suffer as a result of your failure so to do.
3. Warranty and Damage
3.1 Goods are supplied to you with the benefit of a warranty from the manufacturer, provided that you comply with the provisions of clause 3.2 below. A copy of manufacturer warranty for any Goods is available from Finning on request.
3.2 If any Goods become defective during the applicable warranty period after having been put into use, other than as a result of the Customer’s acts or omissions, you must contact the Service Department at your local Finning branch [http://www.finning.co.uk/about/locations/] and they will assist you in processing any warranty claim with the relevant manufacturer.
3.3 In the case of Goods delivered to you damaged, or a shortage of delivery or non-conformity with Order, you must contact us on 0330 123 9211 within five Working Days of delivery, specifying in reasonable detail the circumstances and confirming whether you require a credit or replacement Goods. We will arrange to collect and replace any non conforming Goods as required.
4. Delivery
4.1 We provide three delivery options:
i) “Collect from counter” – if this option is selected Finning will make the Goods available for collection at the Finning branch selected by the Customer on line, and there is no charge for this option;
ii) “Deliver to Customer site” – if this option is selected by the Customer on line, Finning will arrange for the Goods to be delivered to the nominated site and a charge will be added to the Order prior to check-out, based on the total weight of the Order;
iii) “Order over 800kg” –if the total weight of the Order is over 800kg the Website will direct you how to contact us to advise of the delivery cost prior to your making an Order or our taking payment.
4.2 Orders placed by you before 6pm on any Working Day will be delivered on the next Working Day subject to your Order being accepted, and subject to the delivery address being mainland UK or Northern Ireland, excluding postcodes IV, KW1-14, PA34, PA37-39, PH19-40, PH41, PH49-50. Orders placed after 6pm on any Working Day will be delivered within 2 Working Days thereafter, subject to the exclusions in the previous sentence.
4.3 For delivery times to any other UK destinations you should contact our team on 0330 123 9211
4.4 Time of delivery is not and shall not be deemed to be of the essence of the contract.
4.5 In the case of a Force Majeure Event delaying any delivery, such delivery will be made by Finning as soon as reasonably practicable. You may terminate the Order if Finning does not deliver within 30 days of the Order being placed.
5. Price and Payment
5.1 All prices are listed on the Website exclusive of VAT which shall be charged in addition by Finning at the rate prevailing from time to time.
5.2 All prices shown will be nett of any formal discount arrangements which Finning and the Customer may have in place.
5.3 Prices quoted do not include delivery charges. Your delivery charges will be shown once you have completed your selection of Goods and confirmed a delivery address.
5.4 Whilst we make every effort to ensure that the prices listed on our Website are accurate, in the event that we do discover a pricing error for any Goods which you have ordered, we will inform you as soon as possible and offer you the Goods at the correct price. You are not required to proceed with the purchase of the Goods at the corrected price, nor is Finning required to sell to you at the erroneous price.
5.5 Prices quoted on the Website may be changed at any time without notification, to reflect pricing alterations made by our suppliers.
5.6 For payment by Credit Card/Purchase Card
i) Payment can be made by credit card (and the following cards are accepted: MasterCard, and Visa Credit Card) or purchase card. Finning may accept payment by debit card in limited cases, at its sole discretion;
ii) By using a credit card or purchase card to pay for an Order, you confirm that the card being used is the Customer’s and that any individual, employee or agent of the Customer using the card has been given consent by the Customer to do so;
iii) The Customer authorises Finning to debit their credit card or purchase card for the total amount of the Order prior to the despatch of the Goods to the Customer’s nominated delivery address;
iv) All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment Finning will not accept the Order. Finning shall not be obliged to inform the Customer of the reason for the refusal, and will not be liable for the transaction not being completed. Finning is not responsible for any charges levied by the Customer’s bank or card issuer as a result of Finning processing of Customer’s credit card payment in accordance with Order.
5.7 For payment on Account
i) By selecting to pay for an Order on Account, the Customer authorises Finning to debit their Account by the total amount of the Order prior to the despatch of the Goods to the Customer’s nominated delivery address and issue an invoice accordingly;
ii) The Customer acknowledges that Finning may decline the Order if there is insufficient credit on the Customer’s Account;
iii) Payment shall be due nett monthly (that is, no later than the last day of the month following the month of Order) unless expressly agreed otherwise by Finning, and time of payment shall be of the essence;
iv) If the Customer cannot accept delivery when it has been notified that the Goods are completed and ready for delivery, then the time when the Goods are ready shall count as the delivery date and payment shall be made accordingly unless otherwise agreed in writing by Finning;
v) Finning shall be entitled to charge interest on overdue accounts at 4% above Lloyds Bank plc base lending rate for the time being in force calculated at monthly pro rata rates;
vi) If the Customer disputes an invoice it must raise this with Finning no later than 5 Working Days from receipt of the invoice, and the Customer may not withhold or delay payment of those elements of the invoice which are not in dispute.
6. Promotions and Campaigns
6.1 From time to time we may advertise special offers, discounts and other incentives (“Promotions”) on the Website. Such Promotions will apply to on line purchases only and will not be valid for purchases from Finning by any other means.
6.2 The terms and conditions of any such Promotions will be set out on the Website and we reserve the right to cancel or withdraw Promotions at any time.
7. Title and risk
7.1 Risk in Goods which you purchase from us shall pass to you when you collect them from our branch or when they are delivered to your nominated delivery address in accordance with clause 4.
7.2 Title in the Goods will remain with Finning and will not pass to the Customer until Finning has received, in full and in cleared funds, payment for those Goods.
8. Export
8.1 All purchases which you make from us are subject to the export control regulations of, but not limited to, the United Kingdom, European Union and the United States of America. Our supply of Goods is made in accordance with information supplied to us by the Customer at time of ordering. Export, re-export, retransfer or use of Goods contra to these regulations is a criminal offence and is the responsibility of the Customer.
8.2 As a minimum, Goods must not be supplied to Cuba, Iran, North Korea, Sudan or Syria nor to a person or organisation appearing on a UK government recognised “denied parties list”, including for example Bank of England Terrorist lists, EU Sanctions and US Denied Parties Lists.
8.3 The Customer must advise Finning of the delivery address and ultimate destination of the Goods, along with the agreed form of Incoterms 2010 where applicable. Where Orders are placed by UK Customers who are using a freight forwarder, Finning must be informed in writing, prior to delivery of the Goods, of who is to be named as the exporter with HMRC. For the avoidance of doubt, where a freight forwarder is involved, under no circumstances does Finning give the Customer any approval or authority, express or implied, for Finning to be named as the exporter.
8.4 Finning reserves the right to delay despatch of Goods or terminate the sale contract entirely if it does not receive satisfactory evidence as to the identity of the exporter and the ultimate destination of the Goods.
9. Returns
9.1 Should you wish to return any Goods after they have been delivered, please call us on 0330 123 9211. Any such return will be subject to the Finning Returns Policy . Please read this policy before returning any Goods, and we would point out in particular the 15% administration fee which may be applied to Goods which are returned other than pursuant to Clause 3 (warranty and damage). All returns must be sent to Finning (UK) Ltd, Kingswood Lakeside Business Park 127, Hickling Road, Cannock WS11 8JH.
9.2 Other than pursuant to your rights under clause 3 above (warranty and damage) you cannot return any Goods which are flagged on our Website as “non returnable”. Neither can you return any Goods 90 days or more after their delivery date.
10. Liability
10.1 Finning shall not be liable to the Customer and the Customer shall indemnify Finning from and against all actions, costs, claims and demands of whatever nature made against or incurred by Finning in respect of any loss and damage including consequential loss or damage caused:-
i) by the failure of the Customer or its employees, servants or agents to observe the directions and advice given by the manufacturer in the instruction manual supplied with the Goods;
ii) by any defect arising from fair wear and tear, wilful damage, abnormal working conditions or any alteration, adjustment adaptation or repair by a party other than Finning; or
iii) by any unauthorised or fraudulent use of the password or passwords which are used by you and/or your employees to access and use the Website.
10.2 Finning shall have no liability whatsoever to the Customer in respect of any failure to perform obligations as a result of a Force Majeure Event.
10.3 Finning shall not be liable to the Customer for any indirect or consequential damages or loss, or for any loss of profit, business, revenue, production or loss or corruption of data arising from a defect in the Goods.
10.4 Nothing in these terms and conditions shall in any way exclude or limit Finning’s liability to the Customer for:
i) death or personal injury caused by our negligence;
ii) any fraud or fraudulent misrepresentation perpetrated by us;
iii) defective Goods under the Consumer Protection Act 1987;
iv) any matter for which it would be illegal for us to seek to exclude our liability.
11. Termination
11.1 If you wish to return any Goods after have been despatched to you, you must comply with our Returns Policy and the provisions in clause 9 above.
11.2 If for any reason you fail to make any payment due to us, or we have reasonable grounds to believe that any such payment may not be made in full, we may terminate any Order then in progress. In such event we are not obliged to supply any Goods ordered by you.
12. Proper Law of Contract
These terms and conditions and any contract made between Finning and the Customer in accordance with them will be subject to and constructed in accordance with English Law and Finning and the Customer hereby submit to the non-exclusive jurisdiction of the English courts.
13. Rights of Third Parties
No persons other than Finning and the Customer shall have any rights under the Contracts (Rights of third Parties) Act 1999 to enforce any of the terms and conditions of a sale contract formed hereunder and Finning and the Customer reserve the right to amend such sale contract without giving notice or requiring the consent of any third party.
14. Anti-Bribery and Corruption
The Customer shall comply with all applicable laws, statutes, regulations in force from time to time relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010. Upon reasonable request by Finning the Customer agrees to provide information about the measures it has in place to comply with the Bribery Act 2010.
Finning is authorised and regulated by the Financial Conduct Authority for credit-related, regulated activities.
