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terms of sale

Terms of Sale; Effectiveness and Amendment

These terms and conditions (these “Terms of Sale”) apply to the purchase and sale of products through shop.perkins.com (the “Site”).  This is an agreement between you or the entity you represent (“you”) and Perkins Engines Inc., a Delaware corporation with offices located at 100 N.E. Adams Street Peoria, IL 61629 (together with our parents and subsidiaries that may make any Sites available to you, “Perkins,” “we,” “us,” or “our”).  To the extent any translated version of these Terms of Sale conflicts with the English version, the English version controls.

THESE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  PLEASE READ THEM CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AND ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE.  PRODUCTS PURCHASED FROM THIS WEBSITE WILL ONLY BE DELIVERED TO ADDRESSES IN THE UNITED STATES.

We reserve the right, in our sole discretion, to update or modify these Terms of Sale at any time.  All such modifications and changes shall apply to your access and use of the Site from and after such modifications and changes are posted on the Site, and you should review these Terms of Sale prior to purchasing any product that is available through this Site.  Your continued access to and use of the Site following the posting of any changes to these Terms of Sale will constitute acceptance of those changes. Please review the most current version of these Terms of Sale at any time at http://shop.perkins.com

These Terms of Sale are an integral part of the Site Terms of Use that apply generally to the use of our Site http://shop.perkins.com/terms-of-use.  You should also carefully review our Privacy Policy before placing an order for products through this Site at http://shop.perkins.com/privacy.

Order Acceptance and Cancelation

You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order.  All orders must be accepted by us or we will not be obligated to sell the products to you.  We may choose not to accept any orders in our sole discretion.  After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered.  Acceptance of your order and the formation of the contract of sale between Perkins and you will not take place unless and until you have received your order confirmation e-mail.  You have the option to cancel your order at any time before we have sent your order confirmation e-mail by sending us an e-mail to our Customer Service Department at the address provided under Contact Us below. 

Prices and Payment Terms

All prices posted on this Site are subject to change without notice.  The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail.  Price increases will only apply to orders placed after such changes.  Posted prices do not include taxes or charges for shipping and handling.  All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail.  We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.  We accept Visa and

Shipments; Delivery; Title and Risk of Loss.

We will arrange for shipment of the products to you.  Please check the individual product page for specific delivery options.  You will pay all shipping and handling charges specified during the ordering process.  Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.

Returns and Refunds

Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of shipment and provided such products are returned in their original condition. To return products, you must complete the returns form on the Site, more details can be found at http://shop.perkins.com/shipping-and-returns, and obtain a Return Merchandise Authorization (“RMA”) number before shipping your product.  No returns of any type will be accepted without an RMA number.

We will provide you with a prepaid United Parcel Services (UPS) returns shipping label after completing the returns form on the Site but you are responsible for arranging shipment back to us. You can either call UPS to arrange a pick or deliver the package at a UPS store near you. Returns will be inspected upon arrival at our returns center.  If the return reason was for an incorrectly ordered product and the product can be restocked a refund of the product full price minus shipping costs at time of purchased and any handling and restocking fees (as found at http://shop.perkins.com/shipping-and-returns) will be processed accordingly, provided that the items was received in its original condition as shipped to you. Any item returned as defective we will issue you a full refund for the item purchase price at the time of order along with appropriate shipping and tax charges.

Refunds are processed within approximately fourteen (14) business days of our receipt of your merchandise.  Your refund will be credited back to the same payment method used to make the original purchase on the Site.  WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

Limited Warranty

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

THIS LIMITED WARRANTY CAN ALSO BE FOUND AT https://www.perkins.com/en_GB/aftermarket/warranty/genuine-parts.html AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

 THIS WARRANTY IS IN PLACE OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. SPECIFICALLY, PERKINS MAKES NO OTHER WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PERKINS BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH DAMAGES ARE A DIRECT RESULT OF PERKINS’ NEGLIGENCE.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.  NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

  • Warranty Holder.  This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product.
  • Warranty Period.  This limited warranty starts on the date of your purchase and lasts for twelve (12) months (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
  • Warranty Coverage.  This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
  • Limits to Warranty Coverage.  This limited warranty does not cover any damages due to: transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Perkins; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
  • Remedies.  With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective product. 
  • Warranty Service.  To obtain warranty service purchaser must present the failed product and/or accessory product along with the original proof of purchase to any Perkins authorized distributor service centers found by visiting www.perkins.com/distributor
  • Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.  OUR  LIABILITY  WILL  UNDER  NO  CIRCUMSTANCES  EXCEED THE  ACTUAL  AMOUNT  PAID  BY  YOU  FOR  THE  DEFECTIVE  PRODUCT  THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANYCONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Compliance With Export Law

You understand and agree that any products you buy on this Site, including all of the software, parts and components contained therein, along with any related manuals, materials, information or data, including but not limited to any parts, support or services (collectively, the “Products”), are subject to laws, rules, regulations, directives, ordinances, orders, or statutes (the “Laws”) of the United States, local country Laws and may be subject to the Laws of other, applicable countries.  You agree to comply with such applicable Laws, which may include but are not limited to, the U.S. Export Administration Regulations, U.S. International Traffic in Arms Regulations, and Laws administered by the U.S. Treasury Department Office of Foreign Assets Control and U.S. Department of State.  Without limiting the foregoing, you  agree not to export, reexport, release, transmit or otherwise transfer the Products, whether directly or indirectly: (i) to any person or entity listed or otherwise deemed to be a blocked, prohibited or trade-restricted person or party by the U.S. Commerce Department, U.S. Treasury Department, or U.S. Department of State; (ii) for any purpose or use prohibited by the U.S. government, such as for nuclear, chemical, or biological weapons production or proliferation, or (iii) to any destination or transit point subject to comprehensive sanctions by the U.S. government, as may be amended from time to time.    Purchaser agrees that, in the case of a U.S. sanction, embargo, or other trade order or rule that prohibits or otherwise renders Caterpillar's performance under this Agreement in contravention of applicable Laws, we shall be excused from the performance of any obligations under any agreement with you for the purchase of the Products and the agreement shall be terminated with immediate effect, without cost or liability. 

Privacy

Our Privacy Policy, available at http://shop.perkins.com/privacy, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Contractual Statute of Limitations

You agree that you will not assert against Perkins any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Sale that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts are based were or could, with the exercise of reasonable diligence, have been known to you.

Dispute Resolution and Mandatory Arbitration

All disputes, claims and controversies relating in any way to your use of the Site, or to any products sold or distributed by such Site, or otherwise arising out of or relating to these Terms of Sale will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Sale.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Chief Legal Officer, Perkins Engines, Inc. c/o Caterpillar Inc., 100 N.E. Adams St., Peoria, Illinois 61629. The arbitration will take place in Chicago, Illinois in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules and Mediation Procedures. Your request for arbitration must be post marked within the time period specified above under “Contractual Statute of Limitations.” In no event shall demand for arbitration be made or permitted after the date when the institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

The arbitration panel shall consist of one individual appointed by Perkins and you. Such individual shall (i) have been selected from the AAA's list of potential arbitrators, (ii) have at least 10 years of experience in the discipline which is the subject of the Dispute, and (iii) be an attorney whose 10 years of experience has been in the realm of litigating and arbitrating issues which are of the subject of the Dispute. If Perkins and you fail to mutually agree upon an arbitrator within 15 business days after receipt of the request to arbitrate, then the arbitration panel shall be selected by the administrative office of the AAA. Such office shall, within five days after notice by any party to these Terms of Sale, select a single arbitrator who complies with the requirements otherwise set forth in this paragraph. The arbitrator shall render its decision as soon as reasonably possible after its appointment and must follow these Terms of Sale.

This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof. Any decision rendered by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in in accordance with applicable law in any court of competent jurisdiction.

The prevailing party in any arbitration or court proceedings shall be reimbursed by the other party for all costs, expenses and charges, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party.

  • Choice of Law
  • These Terms of Sale shall be governed by the laws of the State of Illinois, U.S.A. (regardless of the laws that might be applicable under its principles of conflict of laws). Each party submits to the exclusive jurisdiction of the courts of that place. The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
  • Severability
  • If any provision of these Terms of Sale, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Sale, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision.
  • Entire Agreement
  • These Terms of Sale (including the Terms of Use and any documents referenced in them) constitute the entire agreement between you and us with respect to your purchase of products on the Site and supersede and replace all prior agreements.  The section titles in the Agreement are for convenience only and have no legal or contractual effect. The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.
  • Assignment
  • You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section is null and avoid
  • Third Party Beneficiaries
  • These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
  • Notices.
  • To the Customer.  We may provide any notice to you under these Terms of Sale by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site.  Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting.  It is your responsibility to keep your e-mail address current.
  • To Perkins.  To give us notice under these Terms of Sale, you must contact us by electronic mail at customerservices-us@perkins.com or personal delivery, overnight courier or registered or certified mail to Perkins Engines, Inc. c/o Caterpillar Inc., 100 N.E. Adams St., Peoria, IL 61629-6490, Attn: Chief Legal Officer.  We may update the electronic mail or physical mail address for notices to us by posting a notice on the Site.  Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent.  Notices provided by registered or certified mail will be effective three (3) business days after they are sent.

 

 

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