Terms and Conditions

Pirate Parts

TRINITY Pumpworks, LLC
15600 S. Telegraph Rd. Suite C
Monroe, MI 48161
Telephone:
+1 734 241 4910
Fax:
+1 734 682 5198
E-Mail:
info@pirateparts.com

All Pirate Parts products are sold in accordance with these General Terms and Conditions. These Terms and Conditions supersede all prior terms and conditions and shall be the sole terms and conditions which apply to any sale of products.
Acceptance by buyer of the products provided by Pirate Parts pursuant to any order or request from buyer shall be deemed a full acceptance by buyer of all the Terms and Conditions set forth herein.
In case of any discrepancy between the Terms and Conditions specified herein and those set forth in any other documents, the Terms and Conditions herein shall govern and control.

  • (a) Subject to the limitations hereafter set forth.Pirate Parts warrants the products sold by it to be free from defects in workmanship or material for a one year period starting from shipment from Pirate Parts factory. Pirate Parts obligation under this warranty for any products found byPirate Parts to be defective in workmanship or material is limited to, at Pirate Parts option, repairing or replacing. F.O.B.Pirate Parts factory where the products were manufactured or refunding the amount which Pirate Parts received from buyer for such products.
    In no event shall Pirate Parts be liable for incidental, consequential, special or other damages of any nature. It is expressly agreed that THIS WARRANTY SHALL BE IN LIEU OF ANY OTHER WARRANTY EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO WARRANTY IS MADE AGAINST CORROSION.
  • (b) In addition, this warranty shall not apply if the product has been subject to misuse, negligence or accident, or has not been operated or installed in accordance with Pirate Parts instructions or has been operated under conditions more severe than, or otherwise exceeding, those set forth in the specifications for the product or service. This warranty shall not be effective if the buyer or user fails to adequately protect the products from adverse environmental conditions before and after start-up.
  • (c) Pirate Parts does not warrant that its products meet the requirements of any safety code of any state, municipality or other disjunction or that they will perform as anticipated or desired by buyer or user and buyer or user assumes all risk and liability whatsoever resulting from the use thereof, whether used singly or in combination with other machines, apparatus, or equipment.
  • (d) Products furnished byPirate Parts but not manufactured by Pirate Parts will carry only the warranty of the manufacturer of such products, if any. Pirate Parts does not warrant any products not manufactured by .
  • (e) Products shall be subject toPirate Parts standard manufacture variations. All tables published byPirate Parts are based upon information believed reliable; however, Pirate Parts does not guarantee accuracy of same. All measurements and weights set forth in such tables are subject to reasonable tolerance variations.
  • (f) Any claim on account of defective materials, or for any cause whatsoever, shall conclusively be deemed waived by buyer or user unless (l) Pirate Parts is promptly given notice in writing of any such defect; (ll) buyer or user has kept such products or services in condition so that Pirate Parts can examine same; and (lll) no machining, bending, welding, heating, or altering or any kind is done to said products after same are shipped from Pirate Parts factory. NO WARRANTY IS MADE AGAINST CORROSION.
  • (g) The liability of Pirate Parts for any loss or damage in any way resulting to buyer or user or any other person from any failure of a product to conform to order or specification, or on account of breach of warranty, or negligence or failure to conform to any standard of care in anything done or omitted by Pirate Parts or any employee or agent or on account of patent infringement, shall not in any event exceed the amount which Pirate Parts received from buyer for the product or service found to be defective.
    Where other manufacturer’s or suppliers’ products used in Pirate Parts products prove defective, Pirate Parts liability shall exist only to the extent that Pirate Parts is able to recover from such manufacturer or supplier for said defects.
  • (h) Pirate Parts liability for damage to or loss of property of buyer or others during performance of work thereon by Pirate Parts or while in Pirate Parts possession shall not exceed the price received by Pirate Parts for its work on the article lost or damaged.
  • (i) Pirate Parts disclaims to the full extent permitted by law all warranties, expressed or implied, including any implied warranty of merchantability, fitness for any particular purpose or against infringement to any person other than buyer.

Pirate Parts retains the right to make substitution and modification to its product or services providing that said changes do not affect the performance of those items.
Pirate Parts retains for itself all proprietary rights in and to all designs, engineering details and data concerning the products sold by it.
Any taxes or charges which Pirate Parts may be required to pay or collect under any existing or future law upon or applicable to the sale, purchase, lease, furnishing, manufacture, processing, transportation, delivery, storage, use or consumption of the product shall be for the account of buyer.
Failure of Pirate Parts to enforce any of these conditions or to excise any right arising from the default of buyer or user shall not affect or impair Pirate Parts rights in case such default continues or in the event of any subsequent fault of buyer or user, nor shall failure constitute a waiver of any of these conditions.

  • (a) Pirate Parts shall make delivery of all products F.O.B. the designated shipping point as specified in the quotation. Pirate Parts liability for any damage or loss incurred during shipment ceases upon delivery of the product to the carrier. Products stored at the request of the buyer shall be so stored at the risk of buyer. Buyer shall pay Pirate Parts reasonable storage charges. Method of shipment is Pirate Parts choice unless specified otherwise by buyer. Buyer specified method of shipment shall result in buyer assuming all risk for damages incurred in shipping. Damage and risk of loss of any kind or nature after delivery shall be at buyer’s own risk and expense.
  • (b) Pirate Parts is not liable for delays in delivery or failure to make delivery caused by the elements, acts of God, labor disruptions or shortages, lack of or inability to obtain materials, fuel, or supplies, acts of buyers, acts of civil or military authorities, or other causes beyond the reasonable control of Pirate Parts. In no event shall Pirate Parts be liable for any consequential damages or claims resulting from failure or delay in delivery.
  • (c) Pirate Parts shall maintain a purchase money security interest in the products for any portion of the purchase price not paid at the time of delivery and shall retain this interest until buyer has paid the full purchase price.

Standard Terms of payment are net thirty (30) days after shipment of each product or products subject to prior credit approval. Progress payments are required for all orders exceeding $15,000.00 USD. In the event the buyer requests or causes a delay in shipment, payment shall be due net thirty(30) days after the buyer is first notified that the products are ready for shipment. No product or products will be shipped outside of USA without Pirate Parts having received 100% payment in advance, unless other arrangements have been made and agreed by Pirate Parts in writing.
Thirty (30) days after payment is due, a late charge of 1.5% of the outstanding balance will be added each thirty (30) day delay in payment. If the invoice is paid full within 15 days of the shipping date then the amount due will be reduced by 1%.
Subject to the limitations set forth in Paragraph 1(g) and 1(i) above and in this Paragraph 8. Pirate Parts shall indemnify and hold harmless buyer of from and against all claims, suits, actions, damages, and costs for patent infringements (excluding any consequential damages, liabilities, costs and loss of revenue or profit resulting from loss of use of the products, but including costs of replacing the infringing products or otherwise curing the infringement, provided that:

  • (a) Buyer shall give Pirate Parts prompt written notice of any suit for or claim of infringement; and
  • (b) Pirate Parts liability under this indemnity shall not exceed the amount received by Pirate Parts from buyer or for such product. This indemnity shall not apply to any product not manufactured by Pirate Parts or to any product made, in whole or in part, to buyer’s specifications, and also shall not apply to the use of a product in combination with other material in such a manner that the combination (and not the product manufactured by Pirate Parts) is the basis for the claim of infringement. Pirate Parts shall be entitled, at its option, to settle or compromise any claim or suit for infringement and to intervene in and/or to control the defense of any warranty or indemnity, expressed or implied, with respect to infringement.

The partial invalidity of any of these Terms and Conditions arising by operation of law shall not affect the validity and applicability of the remainder thereof.
No statement or recommendation made or assistance given by Pirate Parts or its representatives to buyer or user or its representatives, in connection with the use of any products by buyer or user, shall constitute a warranty by Pirate Parts or a waiver or modification of any of the provisions hereof or create any liability for Pirate Parts.

There are no understandings or agreements between buyer or user and Pirate Parts relative hereto which are not fully expressed herein. No acknowledgement, purchase order or other document which contains any terms or conditions other than any and all of these is binding on Pirate Parts.
All orders placed by the buyer are subject to approval and written confirmation by Pirate Parts at its home office in Monroe (MI), United States of America and there shall be no contract between buyer and Pirate Parts prior to them of such confirmation by Pirate Parts.
Cancellation by the buyer of any order resulting from this proposal is subject to payment of costs incurred by Pirate Parts including costs/commitments incurred with Pirate Parts vendors. As a net minimum this cost will be 30% of the purchase price of the cancelled items. Return of items delivered under any resulting purchase order or contract is subject to a restocking change computed at 30% of the face value of the purchase order amount F.O.B. Pirate Parts plant. No products or other material will be accepted for credit after sixty (60) days from the day of purchase.