TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS THROUGH MYPARTS.CAT.COM
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 AN ORDER FOR PRODUCTS FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH THE APPLICABLE SELLER, OR (C) ARE PROHIBITED FROM ACCESSING THS SITE OR ANY OF THE SITE’S CONTENTS, GOODS OR SERVICES BY APPPLICABLE LAW. PRODUCTS PURCHASED FROM THIS SITE WILL ONLY BE DELIVERED TO ADDRESSES IN THE UNITED STATES. PRODUCTS PURCHASED ON THIS SITE MAY NOT BE EXPORTED OR OTHERWISE TRANSPORTED OUTSIDE THE UNITED STATES.
- Terms of Sale; Effectiveness and Amendment. These terms and conditions (as the same may be modified or updated as provided herein, these “Terms of Sale”) apply to the purchase and sale of products available for purchase through myParts.Cat.Com (this “Site”), including all of the software, parts and components contained therein, together with any available related manuals, materials, or other information (“Products”) for delivery to buyers located in the United States. This Site is operated by or on behalf of Caterpillar Inc., a Delaware corporation with offices located at 100 N.E. Adams Street, Peoria, IL 61629 (together with its parents, subsidiaries and affiliates under common ownership with Caterpillar Inc., “Caterpillar”). The sales made through this Site will be fulfilled and made by either (a) Caterpillar, or (b) the authorized Caterpillar dealer of the Products (“Dealer”) who is identified as the Seller in the Shipping Confirmation (as defined below). The entity listed as the Seller in the Shipping Confirmation (whether Caterpillar or the applicable Dealer) shall be deemed to be the “Seller” under these Terms of Sale. To the extent any translated version of these Terms of Sale conflicts with the English version, the English version controls.
Caterpillar reserves the right, in its sole discretion, to update or modify these Terms of Sale at any time. All such modifications and changes shall apply to your purchase of Products from this Site from and after the time that such modifications and changes are posted on this Site. 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 this Site following the posting of any changes to these Terms of Sale will constitute your acceptance of and agreement to those changes. Please review the most current version of these Terms of Sale at any time at http://myParts.Cat.Com//en/usa-parts/termsconditions.
- Order Acceptance and Cancellation. 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 Caterpillar or neither Caterpillar nor the applicable Dealer shall be obligated to sell the Products to you. Caterpillar may choose not to accept any orders in its sole discretion. After Caterpillar 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. Subject to Section 15 below, the contract for sale shall be between you or the entity you represent (“you” or “your”) and the entity listed in the applicable Shipping Confirmation as a Seller (each such selling entity shall be referred to herein in such capacity as the “Seller”). Your order may be fulfilled by Caterpillar and a Dealer through separate shipments or deliveries and, in such case, you will have a separate contract of sale with each such Seller. Once your Order has been shipped or is picked up you will receive an e-mail that (a) states your order has shipped or has been picked up, and (b) includes the name of the Seller, the fulfillment details, your order number and the purchase price, shipping charges and Taxes for the order (the “Shipping Confirmation”). The date of the Shipping Confirmation shall be referred to herein as the “OMS Invoice Date”.
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 1-888-CAT-1460 (“Customer Care”). Notwithstanding anything else to the contrary, Caterpillar and any Dealer that might be a Seller reserve the right, at their respective 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. Caterpillar reserves the right to screen you and your order for, among other things, compliance with applicable law and Caterpillar policies. If Caterpillar, in its sole discretion, determines that you or the order do not comply with any such law or Caterpillar policy, then Caterpillar shall have the right to cancel your order without any cost, liability or obligation to Caterpillar or any Dealer. In addition, Caterpillar and the Dealer reserve the right to cancel your order if at any time prior to shipment Caterpillar or said Dealer, as applicable, determine that it does not have the Products you ordered in inventory. Such cancellation and termination shall be at no cost, liability or obligation to Caterpillar or any Dealer.
- Prices and Payment Terms.
All prices posted on this Site are subject to change without notice. The price charged for a Product will be the price reasonably determined by Caterpillar to be in effect at the time the order is placed and will be set forth in your Order Confirmation. Price increases will only apply to orders placed after such increases are shown on the prices in this Site. Posted prices do not include taxes or other governmental fees or charges (the “Taxes”) or charges for shipping. All such Taxes and shipping charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order Confirmation. The Taxes and shipping charges included in the Order Confirmation will be calculated using the information available at the time of the Order Confirmation; however, said Taxes and shipping charges may change prior to the final order fulfillment and issuance of the Shipping Confirmation due to changes in the source of said fulfillment and any changes to the information used to calculate the Taxes. The Seller is not responsible for pricing, typographical or other errors on this Site or offered by the Seller and the Seller reserves the right to cancel any orders arising from such errors.
Upon receipt of the order, Caterpillar will confirm to its reasonable satisfaction that you have the credit available to pay for the order and a hold will be placed against your credit card in the amount of the order before issuance of the Order Confirmation. Caterpillar will receive full payment at the time of the issuance of the Shipping Confirmation by collection of the funds through the applicable credit card. The Seller accepts the forms of payment listed on this Site for all purchases. All credit card processing is performed by a third-party processor. You acknowledge that the credit card and related financial information you provide in connection with your order will be provided to such third-party processor, and you expressly authorize and grant Caterpillar permission to share such information, which may include, but not be limited to, credit card and any other personal information you provide in connection with your order. You represent, warrant and agree that (i) the credit card or payment information you supply in connection with the order is true, correct and complete, (ii) you are duly authorized to use such credit card or other authorized form of payment for the purchase, (iii) charges incurred by you will be honored, as applicable, by your credit card company or the company supporting your payment, and (iv) you will pay the amount set forth in the Shipping Confirmation, as well as all applicable Taxes and shipping charges (as the same may adjusted in accordance with Section 3(a) above).
CATERPILLAR PROVIDES A LIMITED WARRANTY (A “LIMITED WARRANTY”) FOR THE PRODUCTS PURCHASED FROM THIS SITE THAT IS SET FORTH IN AND SUBJECT TO THE TERMS AND CONDITIONS OF THIS SECTION 6 AND THE CATERPILLLAR WARRANTY STATEMENT FOR THE APPLICABLE PRODUCT (AS AMENDED, MODIFIED OR REPLACED FROM TIME TO TIME, EACH A “WARRANTY STATEMENT”). THE CURRENT VERSION OF THE WARRANTY STATEMENTS FOR THE PRODUCTS SOLD ON THIS SITE MAY BE ACCESSED THROUGH https://myParts.Cat.Com/en/usa-parts/warranty. CATERPILLAR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO CHANGE OR MODIFY THE TERMS OF THIS LIMITED WARRANTY INCLUDING THE APPLICABLE WARRANTY STATEMENT AT ANY TIME. SUCH CHANGE MAY BE THROUGH A CHANGE TO THIS SECTION 6 OR TO THE APPLICABLE WARRANTY STATEMENT. ALL SUCH CHANGES AND MODIFICATIONS SHALL APPLY TO THE PRODUCTS YOU PURCHASE FROM AND AFTER THE EFFECTIVE DATE OF SAID CHANGE OR MODIFICATION.
THIS WARRANTY IS IN PLACE OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. SPECIFICALLY, NEITHER CATERPILLAR NOR ANY DEALER MAKES ANY OTHER WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CATERPILLAR OR ANY DEALER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH DAMAGES ARE A DIRECT RESULT OF THE NEGLIGENCE OF CATERPILLAR OR ANY DEALER. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY CATERPILLAR OR ANY DEALER OR ANY OF THEIR RESPECTIVE AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OR EXCLUSION OF 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.
THE REMEDIES DESCRIBED IN THE LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND THE ENTIRE OBLIGATION AND LIABILITY OF CATERPILLAR OR ANY DEALER FOR ANY BREACH OF THIS LIMITED WARRANTY. THE TOTAL AGGREGATE LIABILITY OF CATERPILLAR AND ANY DEALER UNDER THIS LIMITED WARRANTY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THIS SITE, NOR WILL CATERPILLAR OR ANY DEALER 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 ANY CONSEQUENTIAL, 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.
To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to: Chief Legal Officer, 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.
Any dispute resolution proceedings under or arising out of these Terms of Sale 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 Caterpillar 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 Caterpillar 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.
- To the Customer. Any notice to you may be provided under these Terms of Sale by: (i) sending a message to the e-mail address you provide or (ii) by posting to this 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 Caterpillar. To give us notice under these Terms of Sale, you must contact us by personal delivery, overnight courier or registered or certified mail to Caterpillar Inc., 100 N.E. Adams St., Peoria, IL 61629-6490, Attn: Chief Legal Officer. We may update the physical mail address for notices to us by posting a notice on this 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.