TERMS AND CONDITIONS

MACHINE SALES GENERAL TERMS AND CONDITIONS

The conditions and terms stated below constitute the entire agreement between the parties named therein.

1. Unless the machinery is paid for in full in cash at the time of delivery, Seller retains and Customer grants to Seller a security interest in such machinery within the meaning of the Uniform Commercial Code together with all and any substitutions, additions or accessions, and in any and all proceeds from the sale, exchange or disposal thereof. Customer, prior to or after delivery, specifically agrees to enter into and execute a Financing Statement, or statements, and a Security Agreement, setting forth the terms and conditions of the Agreement between the parties In relation to the security Interest of the In event Customer fails to enter into such Security Agreement with the Seller, the entire balance of the purchase price shall at Seller’s option become due and payable, and the Seller shall have all remedies available to him provided for and set out in the Uniform Commercial Code, and at Seller’s option this order may be treated by Seller as a Security Agreement insofar as the law allows and insofar as Seller’s security interest is perfected. Customer further agrees to execute and deliver to Seller any other Notes, or evidences of indebtedness that may be required by the Seller. However, any Note taken herewith shall evidence indebtedness only and is not to be considered or construed to be payment for said machinery. Inclusion of proceeds herein does not authorize Customer to sell or otherwise dispose of subject property.
2. Claims for shortage in shipments must .be made within fifteen (15) days from receipt of shipment. The Seller’s responsibility for shipments ceases upon delivery to transportation company and all claims for shortage or damages occurring thereafter must be made by the Customer directly to the transportation company.
3. The Customer agrees that this order shall not be countermanded by him and that when it is accepted (and until the execution and delivery of the Security Agreement(s), Financing Statement(s) and Note(s) required to consummate the sale as above specified) it will cover all agreements between the parties relative to this transaction, and that the Seller Is not bound by any representations of terms made by any agent relative to this transaction which are not embodied.
4. The Customer shall, at his own expense, maintain such insurance as requested by the Seller in advance of shipment. It is agreed that the machinery which is the subject of this agreement will be well taken care of and kept in good repair at the expense of the Customer and that the Customer will promptly pay all ad valorem taxes thereon and the Customer has no authority to have said machinery charged with a lien for repairs or improvements and if said machinery should become charged with any lien, or the value thereof become impaired by neglect or otherwise, or should the possession of same be changed from the Customer, or should the same be removed from the State of Mississippi, without the written consent of the Seller, or the holder hereof, or should said machinery, or any part of it, be seized in any legal proceeding, or should Customer become insolvent, or the Customer (or either of them) be adjudged a bankrupt or have a receiver appointed for its, his, her or their machinery, or should default be made in the terms of this agreement, this entire Indebtedness shall immediately become due and payable at the option of the Seller, or holder of this note.
5. It is agreed that the Seller, or the holder hereof, on the happening of any of the things and events in the preceding paragraph, may take peaceable possession of said machinery and may otherwise enforce all rights granted by the Uniform Commercial Code or other applicable.
6. The remedies provided for herein are not exclusive and any action to enforce compliance with the terms and conditions hereof shall not waive or affect any of the Seller’s or holder’s rights to have any recourse to said machinery.
7. All replacement parts, additions, repairs and accessories incorporated in or affixed to any of the subject machinery shall become a part thereof and title thereto shall vest in Seller.
8. The Customer agrees to pay all reasonable attorney’s fees, collection charges or other expenses occasioned by Customer’s failure to abide by any of the terms and conditions hereof.
9. THE SELLER SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY DAMAGES, WHETHER ON ACCOUNT OF PERSONAL INJURIES OR OTHERWISE SUFFERED OR SUSTAINED IN THE OPERATION OF SAID MACHINE, NOR FOR ANY DAMAGES RESULTING TO THE CUSTOMER BY REASON OF ANY DELAYS OR ANY ALLEGED FAILURE Of ANY MACHINE TO OPERATE. SELLER IS NOT RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL SELLER, NOT· BEING THE MANUFACTURER OF THE MACHINE, NOR MANUFACTURER’S AGENT MAKES NO WARRANTY OF THE MERCHANTABILITY OR FITNESS OF THE MACHINE FOR ANY PURPOSE. ALL LIABILITIES ARISING THEREFROM ARE ASSUMED BY CUSTOMER AT ITS SOLE RISK AND EXPENSE. NO ORAL AGREEMENTS, GUARANTY, PROMISE, CONDITION, REPRESENTATION OR WARRANTY SHALL BE BINDING.
10. It is understood and agreed that title to and rights of possession of the machinery shall remain vested in the Seller until any indebtedness and all sums due or to become due from the Customer whether evidenced by note, book account, judgment or otherwise, shall have been fully paid to Seller at which time ownership shall pass to Customer.
11. In order for warranty or extended coverage to be applicable, it is mandatory that reasonable maintenance and operation practices be followed as outlined by the manufacturer. A minimum of one oil sample from each compartment at recommended change Intervals as per service manual is required. Failure to submit on samples as required makes this coverage subject to termination without notice.

PARTS SALES GENERAL TERMS AND CONDITIONS

The conditions and terms stated below constitute the entire agreement between the parties named therein.

1. All items not shipped are Back Ordered and will be forwarded as soon as possible unless otherwise advised.
2. The Seller’s responsibility ceases when shipment has been delivered in good order to the transportation company.  If the shipment arrives in bad order, Customer is to have receipt noted by the carrier’s agent. Claims for concealed shortages and or damages will not be considered unless made within 10 days after receipt of shipment.
3. The liability of the Seller is limited solely to the replacement of any repair parts which its inspection at its shop discloses to be defective as to workmanship or material.  ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED.
4. Customer agrees to pay Seller for all parts at its office in Flowood, Rankin County, Mississippi, as well as for all goods or services heretofore or hereafter bought or ordered from Seller together with a monthly delinquency charge at the rate of 1.5% per month on all accounts which are not paid within the month following the date of the statement on which a charge first appears and 33% attorney’s fees if the account is placed in the hands of an attorney or if judicial proceeding are used for collections.

PUCKETT MACHINERY COMPANY’S PARTS.CAT.COM PARTS WARRANTY, TERMS AND CONDITIONS

The following outlines the terms and conditions for the sale of Parts (the “Terms and Conditions”) from Puckett Machinery Company and its subsidiaries.

1. FORMATION OF CONTRACT. Customer makes a firm offer to purchase the Parts described in an order submitted 1) through Puckett Machinery Company’s website at https://parts.cat.com/puckett; or 2) by fax, email or other contact with Puckett Machinery Company’s Parts Department (the “Order”) using the procedures described in such website and under these Terms and Conditions. Except as otherwise specified herein, Puckett Machinery Company accepts Customer’s offer at the earlier of when (a) Puckett Machinery Company sends Customer a written acceptance (by e-mail, fax, or otherwise), (b) Puckett Machinery Company ships Customer’s Order, or (c) Puckett Machinery Company accepts by the signature of its Parts Manager. Puckett Machinery Company’s acceptance and this agreement is conditioned on Puckett Machinery Company’s on-going determination that Customer and this agreement comply with all applicable laws and regulations. Puckett Machinery Company reserves the right to make partial shipment of one or more Parts contained in the Order, and unless otherwise specified in Puckett Machinery Company’s written acceptance, partial shipment of an Order shall be acceptance of only that portion of an Order. For Parts not currently in Puckett Machinery Company’s inventory, Puckett Machinery Company may place such Parts on backorder and notify Customer of such status, unless such Parts will be in Puckett Machinery Company’s inventory within thirty (30) days. Notwithstanding the foregoing, acceptance is strictly limited to the terms and conditions in this agreement. These Terms and Conditions will apply to Puckett Machinery Company’s invoice into which these Terms and Conditions are incorporated. Puckett Machinery Company objects to and rejects any provision additional to or different from the terms hereof that may appear in Customer’s purchase order, acknowledgement, confirmation, writing, or in any other prior or later communication from Customer to Puckett Machinery Company, or arising out of course of dealing or usage in the trade, unless such provision is expressly agreed to by Puckett Machinery Company in a writing signed by Puckett Machinery Company. Customer’s commencement of performance shall in all cases constitute Customer’s unqualified and unconditional acceptance of these Terms and Conditions Puckett Machinery Company’s invoice.
2. SHIPMENT, TITLE AND RISK OF LOSS. Parts shall be delivered EXW (as defined in Incoterms 2010) Puckett Machinery Company’s facility. Customer shall select the carrier and mode of transportation. Customer shall be responsible for costs of insurance and transportation and for all taxes, or other expenses incurred, or licenses or clearance required at any destination. Unless expressly stated in writing by Puckett Machinery Company, all shipment and delivery dates are estimates. Risk of loss or damage to the Parts sold shall pass to Customer upon delivery to Customer or a carrier at a Puckett Machinery Company facility, as applicable.
3. ACCEPTANCE AND REJECTION. Customer’s irrevocable acceptance of the Parts shall be conclusively presumed unless Customer gives written notice of a defect within ten (10) days after receipt. If Puckett Machinery Company delivers non-conforming Parts, Puckett Machinery Company will at its option and at Puckett Machinery Company’s expense promptly correct or replace the Part(s). If Customer desires to return a part for convenience, please see Puckett Machinery Company’s Parts Return Policy for eligibility and terms and conditions at the end of these Terms and
   Conditions.
4. WARRANTY. Puckett Machinery Company is not the manufacturer of the Parts. All Parts provided by Puckett Machinery Company are provided with only those written warranties made by the manufacturer(s) of the Parts and are subject to any limitations or exclusions provided by such manufacturer(s). PUCKETT MACHINERY COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PARTS OR CUSTOMER’S USE THEREOF. CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES, ALL WARRANTIES, OBLIGATIONS AND LIABILITIES OF PUCKETT MACHINERY COMPANY AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES AGAINST PUCKETT MACHINERY COMPANY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NON-CONFORMANCE OR DEFECT IN ANY PARTS PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS; ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; OR ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF PUCKETT MACHINERY COMPANY.
5. LIMITATIONS. PUCKETT MACHINERY COMPANY WILL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY) OR IN TORT, AND WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF PUCKETT MACHINERY COMPANY, OR OTHERWISE, FOR DAMAGES FOR LOSS OF USE, REVENUE OR PROFIT (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, REVENUE OR PROFIT BY CUSTOMER OR ANY CUSTOMER), OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY NON-CONFORMANCE OR DEFECT IN ANY PARTS PROVIDED UNDER THIS AGREEMENT, ANY NON-DELIVERY, ANY DELAY IN DELIVERY OR DELAY IN PERFORMANCE. WITHOUT LIMITING THE FOREGOING, PUCKETT MACHINERY COMPANY’S MAXIMUM LIABILITY HEREUNDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO PUCKETT MACHINERY COMPANY FOR THE PARTS SUBJECT TO THE CLAIM. THE PARTIES AGREE THIS PROVISION SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
   No action may be maintained by Customer unless written notice of the claim is delivered to Puckett Machinery Company within thirty (30) days after the event subject to the claim first becomes known to Customer, but in no case may Customer maintain an action unless it is brought within one (1) year after the cause of action accrues.
6. TAXES. Customer is liable for and shall pay all taxes, impositions and charges imposed by any U.S. taxing authority arising out of or in connection with this agreement. “Taxes” are defined as all taxes, fees, charges or duties and any interest, penalties, fines or other additional tax, including but not limited to sales, use, value added, gross receipts, stamp, custom, withholding, excise, transfer and similar taxes, or other taxes imposed in connection with the performance of this agreement, except U.S. federal and state income taxes imposed on Puckett Machinery Company. Customer will promptly reimburse Puckett Machinery Company on demand for any Taxes that are imposed on and paid by Puckett Machinery Company or for which Puckett Machinery Company is responsible for collection in connection with this agreement.
7. PAYMENT TERMS. Payment shall be made in United States Dollars. For Customers with an open credit account with Puckett Machinery Company or Caterpillar, those applicable payment terms shall apply. For Customers who do not have an open credit account with Puckett Machinery Company, payment is due upon order placement or prior to delivery. Puckett Machinery Company may, in its sole discretion, at any time: (a) revoke credit; (b) modify terms and conditions of credit; (c) require payment in advance; and/or (d) withhold Parts, until receipt of payment. If Customer fails to pay for Parts as and when due, Customer shall pay a late charge of 1.5% of the invoice balance
   each month until charges are paid in full, and Customer shall pay Puckett Machinery Company all reasonable attorneys’ fees and collection costs incurred by Puckett Machinery Company. In addition to any other right of set-off or recoupment Puckett Machinery Company has under applicable law, Customer agrees that, with respect to any amounts due from Customer or Customer’s affiliates to Puckett Machinery Company or Puckett Machinery Company’s affiliates, Puckett Machinery Company and its affiliates may set-off such amounts against any amounts owing to Customer or Customer’s affiliates.
8. FORCE MAJEURE. Puckett Machinery Company shall not be liable for delays in performance from causes beyond the reasonable control of Puckett Machinery Company. Examples of these causes include, but are not limited to (a) acts of God or of the public enemy, (b) acts of the Government in either its sovereign or contractual capacity, (c) fires, (d) floods, (e) epidemics, (f) quarantine restrictions, (g) strikes, (h) freight embargoes, (i) unusually severe weather, (j) earthquakes, and (k) inability, after commercially reasonable diligence, to obtain raw materials. Puckett Machinery Company shall notify Customer in writing within 10 days after the beginning of any such cause.
9. GOVERNING LAW AND JURISDICTION. This agreement shall be governed by and construed in accordance with the laws of the state of Mississippi except that Mississippi’s choice of laws rules shall not be invoked for the purpose of applying the law of another jurisdiction. Customer irrevocably consents and submits itself exclusively to the jurisdiction of the applicable courts of the County or Circuit Court of Rankin County, Mississippi.
10. NOTICES. Any noticed required or allowed under this agreement must be in writing and delivered to Puckett Machinery Company at 100 Caterpillar Drive, Flowood, MS, 39232 and to Customer at the address stated in the Order or the place of delivery of the Parts, or such other address as a party may provide to the other party by like notice.
11. INTERPRETATION. Headings used in these Terms and Conditions are for the convenience of the parties and do not form a part of or may be used to construe this agreement. No consideration will be given to the fact or presumption that one party had a greater or lesser hand in drafting this agreement. Neither party has an employee, agent, “borrowed servant,” partner, fiduciary, or other relationship, other than buyer and seller, and except as expressly stated herein, neither party has the right to control or direct the other party.
12. ENTIRE AGREEMENT. These Terms and Conditions and the Order contain the entire agreement of the Parties and supersedes any and all prior understandings and communications between Customer and Puckett Machinery Company related to the subject matter of this agreement, unless the Parties have previously entered into a written agreement covering Parts sales. When in conflict, these Terms and Conditions control over the Order. No amendment or modification of this agreement shall bind either party unless it is in writing and is signed by authorized representatives of Customer and Puckett Machinery Company.
13. COMPLIANCE AND IMPORT/EXPORT. In performing the obligations of this agreement, Customer will comply with all applicable statutes and government rules, regulations and orders. Customer understands and agrees that the Parts may not be exported outside of the United States. Customer agrees to indemnify and hold harmless Puckett Machinery Company from and against all claims, fees, expenses, fines, duties and other costs levied against Puckett Machinery Company by any manufacturer of the Parts or any governmental entity if Customer exports the Parts or if the Parts are exported by any subsequent purchaser.
14. WAIVER AND SEVERABILITY. Any failure, delay, or forbearance by Puckett Machinery Company in enforcing any provision of this agreement will not be construed as a waiver or
    relinquishment of such provision. If any provision of this agreement is or becomes void or unenforceable by law, the remainder shall be valid and enforceable.
15. ASSIGNMENT. This agreement shall not be assignable by Customer without the prior written consent of Puckett Machinery Company.
16. TERMINATION. Without limiting any other provision of this agreement, Puckett Machinery Company may terminate this agreement at any time by giving ten (10) days written notice to Customer. Puckett Machinery Company may terminate this agreement in the event of (a) Customer’s suspension, dissolution or winding-up of Customer’s business, (b) Customer’s insolvency, or its inability to pay debts, or its nonpayment of debts, as they become due, (c) the institution of reorganization , liquidation or other such proceedings by or against Customer or the appointment of a custodian, trustee, receiver or similar person for Customer’s properties or business, (d) an assignment by Customer for the benefit of its creditors, (e) any action of Customer for the purpose of effecting or facilitating any of the foregoing, or (f) unavailability of a Part from the manufacturer. Customer agrees that Puckett Machinery Company’s rights to terminate this agreement are reasonable, and that upon termination, Puckett Machinery Company shall not be responsible to Customer and Customer shall not make any claim against Puckett Machinery Company for any payment or indemnity for loss of goodwill, loss of profit, investments made, or otherwise.
17. WAIVER OF IMMUNITY. Customer unconditionally and irrevocably agrees that the execution, delivery, and performance of this agreement constitutes private and commercial acts rather than public or governmental acts, and agrees that in the event any legal proceedings are brought against it or its assets in relation to this agreement, no immunity (sovereign or otherwise) from such legal proceedings shall be claimed by it or on behalf of it, or with respect to its assets. Customer hereby waives any such rights or immunity (sovereign or otherwise) which it or its assets now have or may acquire in the future, to the maximum extent permitted by applicable law.
18. ATTORNEYS’ FEES; EXPENSES. Customer agrees to reimburse Puckett Machinery Company for the costs Puckett Machinery Company incurs (including attorneys’ fees) in any action or proceeding brought to enforce any provision of this agreement, or where any provision is validly asserted by Puckett Machinery Company as a defense.
19. QUOTES AND CUSTOMER AUTHORITY LEVEL. Customers who are given access to and utilize the Quoting and/or Customer Authority Level with Puckett Machinery Company on Parts.Cat.com will have their quote’s pricing expire after 30 Days from quote creation. In addition, it is upon the Customer to regulate and administer their Customer Authority Level access and order limits amongst other user(s) added to their Dealer account on Parts.Cat.com and Customer is responsible for all quotes and purchases made using their access credentials to Parts.Cat.com

PUCKETT MACHINERY COMPANY’S PARTS.CAT.COM PARTS LEGAL & PRIVACY

LEGAL NOTICES
The information in this publication, including text, images, and links, are PROVIDED “AS IS” BY Puckett Machinery Company, SOLELY AS A CONVENIENCE TO ITS CUSTOMERS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Puckett Machinery Company assumes no responsibility for errors or omissions in this publication or other documents which are referenced by or linked to this publication. This publication could include technical or other inaccuracies, and not all products or services referenced herein are available in all areas. Changes are periodically added to the information, and Puckett Machinery Company may change the products or services described in this publication at any time.

Should you choose to respond directly to Puckett Machinery Company with comments, questions, suggestions, ideas or the like relating to this Web Site or Puckett Machinery Company products and services, you agree that such information shall be deemed as non-confidential and Puckett Machinery Company shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.

PRIVACY STATEMENT
We recognize and respect your need for privacy and security as you visit our site. When you visit our site to view any pages, read product information, or use our on-line calculators and tools, you do so without telling us who you are and without revealing any personal information. While we do not collect identifying information about visitors to our site, we do use standard software to collect information for the strict purpose of tracking activity on our site. This allows us to better understand how many people use our site and which pages and features are most popular. The only information we normally collect and store is: (a) The name of your Internet service provider, (b) the web site that referred you to us (if any), (c) The date and time the pages were accessed, and (d) the page or pages you requested.

There are instances where you may elect to provide us with personal information. If you fill out one of our feedback or request forms or send us email, you are transmitting the information that appears to you in the form or the message. This will typically include information like your name, mailing address, email address, the kind of request you are making, and any other information necessary to fulfill your request. You never transmit personally identifying information that you do not enter yourself. And this is always your option; this information cannot be collected unless you specifically elect to send it to us. This information is used internally only for the purpose of fulfilling the request or for contacting you directly and is not given or sold to any other organization.

We hope you find our website useful and informative and are always willing to answer questions and receive suggestions. If you have either, please contact our webmaster.

We reserve the right to change our privacy policy. A revised policy statement will only apply to data collected subsequent to its effective date. Any revisions will be posted at least 30 days prior to its effective date.