Terms and Conditions for the Sale of Parts and Other Services offered by Northland Inc. dba MyTractor.
GENERAL TERMS AND CONDITIONS OF SALE
Company. This website www.mytractor.us is owned and operated by the Northland Incorporated.
Acceptance: The customer’s payment constitutes acceptance of the terms and conditions on this page.
Definitions: As used in these General Terms and Conditions of Sale, the term “Goods” shall mean the equipment, fixture, product or machinery and other tangible property from time to time sold or offered for sale by Northland Inc. dba MyTractor:
hereinafter referred to as “Seller”; the “Seller” shall mean the entity selling or offering such Goods and the term “Buyer” shall mean the entity to whom such Goods is sold or offered.
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 Canadian 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.
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 information, drawings or materials; or (c) changes in the laws, codes, rules or regulations applicable to the goods after the date of quotation by Seller.
Minimum Order There is a minimum order of US$100 on all call in or fax orders. The online shopping cart has no minimum to buy. Returns on all orders of US$100 and less will be subjected to an administrative charges (equal to Northland Inc. dba MyTractor
expenses for shipping, handling and administration), in addition to bank, and restocking fees.
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 INCIDENTAL, 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 initialing 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 & 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.
MERCHANDISE RETURNS
Prior to returning parts to Northland Inc. for any reason, you must contact our sales department (1-877-668-7278) and obtain a Return Goods Authorization (RGA) number. The return must be sent freight prepaid, with the RGA number clearly marked on the outside of the package to our warehouse. The address for the shipment returns will be provided upon issue of the RGA number. Return parts will be subject to a 20% restocking charge. The original or copy of the packing list or invoice must be included. Items being returned must be in new and saleable condition and purchased from one of our websites within the preceding thirty (30) days.
Restocking fees does NOT apply to the shipment of cores for refund or rebuilding.
Failure of Buyer to provide Seller with an itemized list of defects within the specified number of days shall be deemed acceptance of the Goods or Services. In the event of multiple shipments, each separate shipment shall be separately accepted. Buyer expressly waives any right to reject Goods that substantially conform to the specifications relating thereto and any right to revoke acceptance after such times has passed as specified.
WARRANTY
Northland Inc. dba MyTractor
is an agent for Sparex USA.
General Warranty
Sparex Inc. warranties most items distributed by them to be free from defects in material and workmanship for a period of one year from date of purchase. Sparex Inc reserves the right to inspect any item prior to granting warranty. We pledge our support in obtaining settlement of reasonable and justifiable claims. Sparex Inc. will not assume any responsibility for loss of time, labor or crop for any warranted parts. Warranty does not extend beyond the point of installation. It is the installing mechanics responsibility to check components before and during installation. When a 3rd party is involved in installation of Sparex parts, only the product is warranted.
Items not covered by Sparex Inc standard one-year warranty:
Electrical (Starters, Alternators & Coils) – Electrical warranty is 90 days from date of installation. Electrical parts are warranted only against manufacturers defect.
Seats – Sparex Inc offers only a limited warranty on our “economy” seat range.
Spindles & Front Supports – These parts are NOT covered by warranty when installed on tractors with loaders.
Hydraulic Pumps – Returned Hydraulic Pumps will be checked by our technical department. Any pump found with contamination inside will not be warranted. Any pump found with a blown seal due to incorrect installation or rotation in the wrong direction will not be warranted. Any pump found to have been taken apart will not be warranted unless done so with prior authorization.
Pistons, Rings or Liners – ordered without the overhaul kit are not warranted since we cannot be assured of the quality of your other components
Paint – Sparex Inc. does not control the application of its products nor the condition of the surfaces to which they are applied. Sparex Inc. offers the following limited warranty – we guarantee your satisfaction with the performance of this product when applied on a properly prepared surface according to the label directions. Specialty colors are not returnable.
WHILE EVERY EFFORT HAS BEEN MADE TO ENSURE THE INFORMATION IN THIS CATALOG IS CORRECT, SPAREX CANNOT BE HELD RESPONSIBLE FOR ANY ERRORS.
PRICES, TERMS AND DISCOUNTS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
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.
DAMAGED SHIPMENTS & SHORTAGES ON TRUCK FREIGHT & UPS
On all freight shipments ownership passes from us to you upon leaving our dock. The bill of lading is an acknowledgement by the transportation company of the receipt in GOOD CONDITION of the shipment. Any damage or shortages cannot be considered our responsibility. It is important that upon receipt of all shipments that you check for damage or shortages and if such are in evidence have the driver record and sign for these on both copies of the freight bill. After this you should promptly file a freight claim for the damage or shortage with the carrier. Do not destroy packing until inspection has been made by the carrier or his agent.
PICK UP ORDERS
There are no Pick Up Orders. Parts are shipped from the nearest warehouses in 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.
PHONE ORDERS
We will not accept responsibility for errors in phone orders. We encourage you to order ONLINE at www.mytractor.us or to FAX in your orders, our FAX number is 1-866-683-9120.
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.
CANCELLED ORDERS
Orders CANNOT be cancelled or changed in any way after they are entered in our system. If the parts are no longer needed, then the customer can call for a RGA number and the parts can be returned to the parts warehouses. Restocking fees may be charged at 20%.
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, Variety Marketers 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. Variety Marketers 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, labor 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, labor difficulties, fires, floods, war, civil insurrection, riot, act of God and the effects of civil disobedience.
PART NUMBERS.
While Northland Inc. dba MyTractor
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 20% restocking fee , freight both ways and other shipping and administrative costs.
FUNDS RETURNS.
Funds will be returned at the earliest possible convenience to Variety Marketers It is necessary sometimes to source parts from external warehouses and companies. For funds to be refunded for these parts from external warehouses Northland Inc must first be reimbursed, then funds will be reimbursed to the customer. This process can take from 1 day to 3 months. Banking, shipping, and other costs related to the Goods return and a 20% restocking fee will be deducted from the sum to be reimbursed.
INTERNATIONAL SHIPPING
Northland Inc. dba MyTractor
does NOT ship to international destinations. Parts can be delivered to freight forwarders in the USA or Canada, and its the customer’s responsibility to pay and arrange freight with the freight forwarders. The weight of all items are 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.
