Terms and Conditions - MK Tractor Parts

Other Terms: These General Term and Conditions of Sale contains all of the terms applicable to any sale of or offer to sell now or in the future Goods. Seller specifically objects to any additional or different terms contained in any document used by Buyer. Any acceptance of Goods by Buyer or any payment by Buyer of any part of the purchase price shall be deemed to be a waiver of any additional or different terms contained in Buyer’s documents and an acceptance of all of these General Terms and Conditions of Sale, notwithstanding the acknowledgement by Seller of Buyer’s purchase order or other document provided by Buyer. No order for Goods or Services shall be binding on Seller until it is acknowledged in writing by Seller.

Price: Unless otherwise stated, all prices are in US Dollars. Prices relating to Goods are ex factory, place of manufacture or storage warehouse. No amount is included in any price for sales, use, privilege, excise or other taxes imposed on or measured by the gross receipts from the sale of the Goods. Buyer shall promptly pay any such charge directly to the governmental authority assessing them or reimburse on demand any such charges paid by Seller. All shipping, insurance, crating, freight and other charges shall be paid by Buyer unless otherwise arranged with Seller.

Payments: All payments shall be in US Dollars, freight collect without offset, backcharge, retention or withholding of any kind. All invoices shall be payable within thirty (30) days for accounts granted credit status, and all other invoices shall be payable before shipping of Goods. Any amounts not paid when due will be subject to interest at the rate of 1-1/2% per month or the highest nonusurious rate permitted by applicable law, whichever is less. Payments made through a confirmed irrevocable letter of credit in form and on banks acceptable to Seller will be considered on a per request basis.

Shipment: Prices include the cost of packing and crating required for normal domestic transportation. Freight charges included in any price are subject to adjustment for actual cost incurred by Seller. In the event that any Goods will be shipped out of the continental limits of the Canada and the United States of America, all fees and expenses relating to export documentation, export-packing, marking or importation into the country of destination shall be the responsibility of the Buyer.

Shipping Times. All orders are shipped out by default, UPS ground and will reach within 1-5 days. Selectively, USPS/Canada Post mail will be used and can take within 1-10 days to reach, depending on delivery locations. Any other shipping types are to be requested at the time of ordering. These includes next day, 2 day, 3 days or Saturday deliveries. International ocean shipments can take 30-90 days to reach depending on location.

Large items shipped within the Continental USA and Canada will ship by truck freight. Truck freight items are typically shipped by UPS Freight, MyYellow, OnTrac. Truck freight items can take up to 10 days for deliveries.

Changes: Seller reserves the right to change the details of any Goods provided that such change shall not impair the performance or critical dimensions of such Goods.

Additional Costs: In addition to the purchase price, Buyer shall pay Seller any cost incurred as a result of (a) changes in the Goods or Services or delays in delivery requested by Buyer; (b) delays in delivery arising from Buyer’s failure to provide accurate part numbers, serial numbers and/or models numbers of machines/engines.; or (c) changes in the laws, codes, rules or regulations applicable to the goods after the date of quotation by Seller.

Interpretation: Any sale or agreement to sell Goods shall be interpreted according to the laws of the State of Ontario, Canada excluding any provision thereof that would direct the application of the laws of another jurisdiction. Buyer agrees that any sale of or agreement to sell Goods will be deemed to be made and performed solely in Ontario, Canada to the exclusion of all other jurisdictions.

Limitation of Liability: Either neither Seller nor Buyer shall have any liability to the other for any incidental or consequential damages arising from the sale of Goods or the failure of either party to fully perform any agreement to sell Goods. SELLER SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE OR COST ARISING FROM THE FAILURE TO DISCOVER OR REPAIR LATENT DEFECTS OR DESIGN DEFECTS IN ANY GOODS. BUYER SPECIFICALLY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM FOR INCIDENTIAL, RESERVOIR, SPECIAL, INDIRECT, CONSEQUENTIAL AND EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO MULTIPLE DAMAGES UNDER ANY DECEPTIVE TRADE PRACTICE OR CONSUMER PROTECTION LAWS.

Waiver: The waiver by either Seller or Buyer of any breach under these General Terms and Conditions of Sale shall not be deemed to be a waiver of any subsequent breach of a like or different nature. The failure to enforce any provision of these General Terms and conditions of Sale shall not be deemed a waiver of such provision.

Arbitration: Any dispute arising from or relating to the sale of Goods, including the interpretation of these General Terms and conditions of Sale, shall be resolved by binding arbitration according to the seller’s Arbitration Program.

Indemnity: BUYER HEREBY ASSUMES AND AGREES TO INDEMNIFY, DEFEND, PROTECT, SAVE, KEEP, AND HOLD HARMLESS SELLER, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, SUPPLIERS AND INVITEES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CLAIMS, CAUSES OF ACTION, LIABILITIES, DEMANDS AND EXPENSES (INCLUDING ATTORNEY FEES AND OTHER LEGAL EXPENSES) OF WHATSOEVER KIND AND NATURE, FOR INJURY TO, OR ILLNESS OR DEATH OF ANY PERSON AND FOR ALL DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, PERSONAL INJURY OR DEATH (COLLECTIVELY ?LOSSES?) RELATING TO, CONNECTED WITH IN ANYWAY, ARISING OUT OF, OR ON ACCOUNT OF THE GOODS PURCHASED HEREUNDER UNLESS SUCH LOSSES ARISE SOLELY FROM PROVIDING THE GOODS. The foregoing indemnity is a material part of this transaction, supported by and in consideration of a reduction in the purchase price and is intended to apply notwithstanding the joint or concurrent negligence of Seller. The Buyer is indemnifying Seller even though Seller may be jointly or concurrently negligent.

Risk of Loss: Seller shall bear the risk of loss of the Goods until the goods are delivered to the carrier, including carriers contracted, owned or controlled by Seller or notification to Buyer that the Seller is ready for shipments whichever occurs first. Thereafter, Buyer shall bear the entire risk of loss of the Goods. All shipments are shipped without insurance unless otherwise requested specified by Buyer.

Savings Clause: In the event that any term or provision of the Customer Order or these Terms and Conditions shall be invalid, illegal or unenforceable the parties hereto direct that no other provision shall be affected thereby and such invalid, illegal or unenforceable position shall be interpreted by court of competent jurisdiction so as to make it as valid, legal and enforceable as is possible under law.

Attorney Fees: In the event any action at law or in equity is required in order to enforce or interpret the terms and provisions of a Customer Order and/or these Terms and Conditions the prevailing party shall be entitled to receive reasonable attorney’s fees and costs of court in addition to such other relief as such party may show itself entitled.

Entire Agreement: These Terms and Conditions of Sale constitute the entire agreement of the parties and supersede all discussion, arrangements, negotiations, representations and warranties, if any, relating to the Goods covered hereby.

Facsimile: *A facsimile signature or initialling shall be deemed the same as an original so as to have same force and effect.

Export Laws: This Commodity may be subjected to the Export Laws of Canada and the USA.

PRICE POLICY

ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Current pricing is available on our website

TERMS
Invoiced payments are due on order and before parts have been shipped out.

WARRANTY

MK Online Distribution Inc  is an agent for several aftermarket parts re-sellers. All parts is warranted to be free from defects in material and workmanship for a period of one year from date of purchase. We reserve the right to inspect any item prior to granting warranty. MK Online Distribution Inc will not assume any responsibility for loss of time, labor, or crop for any warranted parts. Pistons, rings or liners ordered without the overhaul kit are not warranted since we cannot be assured of the quality of your other components.

Items not covered by our standard one-year warranty:

To the extent that goods are warranted by their original manufacturers, and to the extent that such warranties are assignable to Buyer, Seller assigns to buyer any rights and remedies it has relating to such Goods. EXCEPT WHERE OTHERWISE SPECIFICALLY PROVIDED FOR IN WRITING HEREIN, SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO GOODS OR SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY WILL EVER APPLY TO ANY EQUIPMENT THAT HAS BEEN REPAIRED OR ALTERED BY ANY PERSON IN A MANNER THAT SELLER DETERMINES ADVERSELY AFFECTS ITS PERFORMANCE OR RELIABILITY OR HAS BEEN SUBJECT TO MISUSE, NEGLECT, LACK OF MAINTENANCE OR ACCIDENT AND IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL SELLER BE RESPONSIBLE FOR ANY DAMAGES TO OTHER PROPERTY OF BUYER, LOSS OF USE OR DOWNTIME, LOSS OF PROFIT OR GOODWILL OR ANY INCIDENT OR CONSEQUENTIAL DAMAGES UNDER THIS WARRANTY.

NEW SURPLUS PARTS AND GOOD USED PARTS COMES WITH NO WARRANTY.

PICK UP ORDERS
There are no Pick Up Orders. Parts are shipped from the nearest of multiple parts warehouses across the USA and Canada. The shipping department will determine the least expensive shipping methods. Addresses on any of our websites are for mailing purposes only. Customers are not allowed to pick up from the dealer warehouses.

PAYMENTS

Payments in USA and Canada can be made by Credit Card, Paypal Verified Accounts, or Wire Transfer only.  Money Order, Personal Checks, or Company Checks will not be accepted. For all other countries, full payment by wire transfer must be made before shipments are initiated. Paypal payments from international customers will be accepted only from Paypal verified accounts.

BACK ORDERS
Unless otherwise instructed we will fill all back orders as soon as merchandise is received by us. Our invoice will clearly indicate which items if any have been back ordered.

SHIPPING METHODS

Typical shipping methods are DHL, UPS, and Purolator. Other shipping companies are sometimes used and these will be chosen by the shipping department. Customer preferences will be taken into consideration; however, MK Online Distribution Inc. reserves the right to choose the best shipping method.

Shipping services are provided by several courier, trucking companies to ensure timely delivery of parts. Delivery to the carrier, or notification that Goods are ready for shipment constitute delivery to the Buyer for all purposes. MK Online Distribution Inc.  cannot be liable for any delays in shipping for any reason.

DELAYS:

Seller shall have no liability for any failure to deliver the Goods or perform Services to Buyer if such failure arises from causes beyond the reasonable control of Seller, including but not limited to, delays of supplies, governmental action, shortages or materials, labour difficulties, fires, floods, war, civil insurrection, riot, act of God and the effects of civil disobedience. Seller shall have no liability for any failure to deliver the Goods or perform Services to Buyer if such failure arises from causes beyond the reasonable control of Seller, including but not limited to, delays of supplies, governmental action, shortages or materials, labour difficulties, fires, floods, war, civil insurrection, riot, act of God and the effects of civil disobedience.

PART NUMBERS.

While MK Online Distribution Inc. may assist customers in sourcing part numbers; it’s the customer’s responsibility to provide correct and up to date part numbers for all products. Parts returned where the customer provided no part numbers or an incorrect part number will be subject to the 15% restocking fee , freight both ways and other shipping and administrative costs.

INTERNATIONAL SHIPPING

MK Online Distribution Inc. does NOT ship to international destinations. Parts can be delivered to freight forwarders in the USA or Canada, and it’s the customer’s responsibility to pay and arrange freight with the freight forwarders.  The weight of all items is on our website. The freight dimensions of an order cannot be determined before shipping.

PRICES, TERMS AND DISCOUNTS ARE ALWAYS SUBJECT TO CHANGE WITHOUT NOTICE.

Parts are not original equipment parts and are not sponsored, affiliated or otherwise connected with any major brand.