Terms of Service
1. Definitions
Buyer: Any individual, company, or legal entity purchasing or ordering goods from MachinerySparePart.
Company / We / Us: MachinerySparePart, operating the website https://www.machinerysparepart.com.
Goods: Any machinery spare parts, components, or related products supplied by MachinerySparePart.
2. Scope of Application
a) These Terms & Conditions apply to all quotations, orders, contracts, and transactions between MachinerySparePart and the Buyer. Any terms proposed by the Buyer that conflict with these Conditions are expressly rejected unless agreed in writing.
b) These Conditions, together with order confirmations, invoices, delivery notes, and written agreements issued by MachinerySparePart, constitute the entire agreement between the parties. No variation shall be valid unless confirmed in writing by an authorized representative of MachinerySparePart.
3. Prices
a) Prices shall be those stated on MachinerySparePart’s invoice or quotation. Unless expressly stated, prices exclude taxes, duties, customs charges, and VAT, which shall be borne by the Buyer.
b) MachinerySparePart reserves the right to adjust prices due to changes in:
Exchange rates
Taxes, duties, or government charges
Raw material, labor, fuel, insurance, or shipping costs
Clerical or typographical errors
c) All quotations are non-binding invitations to treat and are subject to confirmation upon receipt of the Buyer’s order.
4. Payment Terms
a) Unless otherwise agreed in writing, payment is due in full within 30 days from the invoice date.
b) MachinerySparePart reserves the right to:
Suspend deliveries
Cancel outstanding orders
Withdraw credit terms
if payment is overdue or if the Buyer’s financial position appears unsatisfactory.
5. Quantities & Specifications
a) All quantities, dimensions, weights, and specifications are subject to reasonable commercial tolerances customary in the machinery spare parts industry.
b) MachinerySparePart shall not be liable for variations within such tolerances.
6. Special / Custom Orders
a) Where Goods are manufactured or supplied according to the Buyer’s drawings, samples, specifications, or instructions, the Buyer warrants their accuracy and suitability.
b) The Buyer shall indemnify MachinerySparePart against all claims, losses, or liabilities arising from compliance with such specifications, including intellectual property claims.
7. Delivery
a) For Ex-Works or collection sales, delivery is deemed complete when the Goods are loaded onto the Buyer’s or carrier’s vehicle.
b) For deliveries arranged by MachinerySparePart, delivery is deemed complete upon unloading at the agreed destination.
c) MachinerySparePart may deliver Goods in instalments, each of which constitutes a separate contract.
d) Delivery dates are estimates only and shall not be binding. Delays do not entitle the Buyer to cancel the order or claim compensation.
8. Export & Incoterms
a) “Incoterms” refers to the International Chamber of Commerce (ICC) Incoterms in force at the time of contract.
b) For international sales, Incoterms shall apply unless otherwise agreed in writing. In case of conflict, these Terms & Conditions shall prevail.
c) The Buyer is solely responsible for:
Import compliance
Customs clearance
Payment of duties, taxes, and local charges
Compliance with laws and regulations in the destination country
d) The Buyer must inspect Goods upon arrival. MachinerySparePart shall not be liable for defects that would be apparent upon reasonable inspection.
9. Risk & Title
a) Risk of loss or damage passes to the Buyer upon delivery.
b) Title to the Goods remains with MachinerySparePart until full payment has been received.
c) Until title passes, the Buyer shall store the Goods separately and clearly identifiable as MachinerySparePart’s property. MachinerySparePart may reclaim such Goods if payment is overdue.
10. Defects & Warranty
a) MachinerySparePart’s liability for defective Goods is limited, at its discretion, to:
Repair
Replacement
Refund of the invoice value of the defective Goods
b) All other warranties, express or implied, including fitness for purpose and merchantability, are excluded to the fullest extent permitted by law.
c) Any defect or shortage must be notified in writing within 3 days of discovery. Goods must be preserved for inspection. Failure to comply will invalidate any claim.
d) MachinerySparePart shall not be liable for defects caused by:
Improper installation or use
Incorrect storage or handling
Unauthorized modification
Normal wear and tear
11. Limitation of Liability
a) MachinerySparePart’s total liability, whether in contract, tort, or otherwise, shall not exceed the invoice value of the Goods concerned.
b) MachinerySparePart shall not be liable for indirect or consequential losses, including loss of profit, downtime, or business interruption.
12. Force Majeure
MachinerySparePart shall not be liable for failure or delay caused by events beyond its reasonable control, including but not limited to acts of God, war, strikes, epidemics, government actions, or supply chain disruptions.
13. Consumer Exclusion
These Terms & Conditions apply exclusively to business-to-business (B2B) transactions. They do not apply to consumers as defined under applicable consumer protection laws.
14. Waiver
Failure or delay by MachinerySparePart to enforce any provision shall not constitute a waiver of its rights. Any waiver must be in writing and applies only to the specific instance.
15. Severability
If any provision of these Conditions is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Governing Law & Jurisdiction
These Terms & Conditions shall be governed by and construed in accordance with the laws of the People’s Republic of China.
All disputes shall be subject to the exclusive jurisdiction of the courts of China.