1. General Provisions
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly made available online, through any mobile device, by email or by telephone. UrParts is an Internet based public marketplace that enables professionals to efficiently find, buy and sell parts. UrParts provides you with the leading manufacturers' and dealers' latest selections, parts from private sellers as well as useful supplementary services. UrParts acts as a link between potential buyers and sellers. The principal purpose of these web sites is to introduce buyers and sellers. Any sale agreement on parts that has been located through the web site is made solely between the buyer and seller. UrParts is not party to any such agreement. All information on a particular parts originates from the seller and not UrParts. UrParts is not responsible for and does not guarantee the performance or suitability of any part.
The material that appears on the web sites is given for informational purposes only. Although we hope that all users of the web sites will act with diligence and follow good practice, we cannot verify the information supplied. Before purchasing a part you found on UrParts web site, you should confirm with the seller all information that is important to your purchasing decision. When buying a part please use your own judgement in the same way you would when buying similar items through a newspaper advertisement. Should you decide to purchase anything as a result of information obtained through UrParts, your contracting party would not be UrParts but the seller of such item. Each part supplier remains responsible at all times for the accuracy, completeness and correctness of the descriptive information communicated on our website. UrParts.com does not constitute and should not be regarded as a recommendation or endorsement of the quality or service level of any connections made available via our service.
2. Registration
To obtain access to UrParts services, you are required to a) give your contact details and other personal information by filling in a registration form provided online and b) agree to be bound by this User Agreement. UrParts retains the information you provided so that you may use the web site without having to re-enter your information. Only legally competent persons may register as a user of the web site.
By registering as a user you confirm that the disclosed information is true and accurate and that you will promptly update any changes to the information under My Account on the site. UrParts has the right to refuse any future use of the web site if it has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. If you do not follow the terms and conditions of this User Agreement, UrParts may resort to any available legal action. As part of the registration process you are requested to select a password. It is your responsibility to preserve the confidentiality of the password and notify UrParts by e-mail of any known or suspected unauthorised use of the password. Until receipt of such notification you are responsible for all use of the user name and password.
3. Privacy
UrParts is committed to protecting the privacy of the users of its web site and uses all reasonable efforts to ensure that the retained data is protected against unauthorised access. No security system is impenetrable and therefore we cannot guarantee the security of our database, nor can we guarantee that the information you supply won't be intercepted while being transmitted to us over the Internet. UrParts has the right to use and disclose to third parties your user information (e.g. user name and e-mail address) unless you specifically instruct us otherwise. Information may be disclosed to parties that we believe might be of interest to you, such as vendors of related products and services. Information is disclosed within the extent of applicable law. By using the services you give your consent to these privacy provisions.
4. Advertising
By inputting your information on UrParts you request that the information be published. A valid contract is made between UrParts and the user once we have verified and accepted your information. UrParts reserves the right to reject or withdraw any information at its discretion. UrParts will contact you by e-mail if your information is not fit for publication. UrParts may deny access to the web site for users that do not act professionally or in accordance with good practice. The preconditions for publishing requests are evaluated individually for each individual. Purchase offers received through the web site are not binding unless the offer contains full details on the material substance of the transaction, such as terms of delivery and payment. Due to data indexing times and security measures on UrParts, content may not be instantly visible online. Indexing times may vary according to server load. To ensure the security of our customers and visitors, content is checked for fraudulent, misleading and illegal content. This verification can take up to 72 hours, after which content will be visible on UrParts.
4b. Communication
It is your responsibility as the seller to give true and complete product information and its condition, availability, delivery timeline as well as all other details that might be relevant for a potential buyer in accordance with applicable law, administrative statutes and good business practice. You are responsible for promptly answering any requests that you can quote and messages thereafter. You agree to be bound by the guarantee, price and other information supplied to the buyer. You are not required or encouraged to respond to requests that you cannot supply. Abuse of the service such as repeated unsolicited messages, replying to buyers with generic content or redirects is not permitted and could result in cancellation of account without refund.
5. Prices and Terms of Payment
You may register as a user of the web site free of charge. Buyers can use the service free of charge but are bound by a 'fair usage' policy regarding the number of requests submitted and genuine intention to purchase. UrParts reserves the right to apply a charge to buyers. Suppliers that reply to requests are subject to charge as specified in a price list that is valid at the time and are agreeing to a renewing subscription (e.g. montly, biannually, annually or other special agreement). If you wish to cancel your Subscription Agreement with us, in order to avoid paying any further subscription charges, you must cancel the service at least 48 hours prior to the end of the relevant time period by contacting us.The applicable rate of VAT will be added to all prices within ROI. Payments are made through bank transfer or by credit card. No communication can take place before due payments have been made.
6. Product Information
All information on parts found through the web site originates entirely from the buyer or seller. The seller alone has evaluated and given his opinion on the condition of the part. The evaluation is therefore not made by any impartial third party and UrParts does not take any responsibility for the truthfulness or accuracy of such evaluation.
7. IntellectuaProperty Rights
All content such as text, graphics, software and other material of the web site as well as the arrangement and compilation of such content are the property of UrParts. All use including distribution, publication, reproduction, display or other exploitation of the content on the web site is strictly prohibited unless expressly authorised in writing by us.
8. Indemnity and Limitation of Liability
The contents of the site is provided "as is" and "as available". No warranty, either expressed or implied, is made in relation to the accuracy, reliability or contents of the site. UrParts will indemnify errors in services that are liable to charge if the error was caused by negligence on our part. We will either correct such error or indemnify the direct damage caused by the error. The choice between these remedies is to be made at our sole discretion and in any case the indemnification is limited to the price paid for the service. UrParts cannot be held liable for any indirect damages whatsoever or damages caused by circumstances beyond our reasonable control or originating from the user or any third party. We do not warrant that the site or the servers provide are free of errors, viruses or other harmful components and as such cannot warrant delivery of every single communication between users. We reserve the right to alter the site or withdraw access to it at our sole discretion. Within the web site you may find links or references to third party materials and websites. While we encourage you to consult such websites, we assume no responsibility for material created or published by such sites and the presence of such links does not indicate approval or endorsement of any material or product information contained on any linked site.
9. Availability
UrParts may at any time delete, modify or supplement the content of the web site without prior notice. We reserve the right to terminate, change, suspend or discontinue any aspect of the web site in whole or in part at our sole discretion. The web site may be temporarily unavailable for maintenance or other reasons.
10. Amendments to Agreement
Internet is an evolving medium. UrParts may change the terms of this User Agreement from time to time in which case we will post the revised terms on the web site. By continuing to use this service following such changes you agree to be bound by the amended User Agreement.
11. Feedback
If you have any comments or improvement suggestions regarding the web site, please forward your comments and/or a copy of the material you believe to be inaccurate to the address in Contact Us along with an explanation of your objection or suggestion.
12. Invalidity of Provisions
If any provision or provisions of this User Agreement shall be held to unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law.
13. Force Majeure
A party may delay performance of an obligation under this Agreement if it cannot perform the obligation because of an event that is beyond its reasonable control and was not reasonably foreseeable when the Agreement was made. This event includes but is not limited to the following: strike, lockout, telecommunications failure, fire, theft, water damage, sabotage and vandalism.
14. Terms and Termination
These terms and conditions come into effect at the point of account creation and they are in force until further notice. UrParts may at any time and at its sole discretion deny access without refund to the web site from a User that does not follow these terms and conditions, disturbs other users of the website, behave in an unprofessional manner, not honour agreements or warrantee, supply faulty or incomplete goods/orders or is using UrParts site and or content for competitive advantage.
15. Headings
The headings of the clauses in this Agreement shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof.
16. Governing Law and Jurisdiction
This User Agreement and the relationship between the user and UrParts shall be governed by and interpreted in accordance with the laws of Republic of Ireland excluding its rules for choice of law. All disputes that cannot be solved amicably shall be finally settled by the courts of Republic of Ireland.
16. Trademark acknowledgments
All manufacturer's names are for reference only. UrParts is not affiliated with any of this companies.
Hitachi® is a registered trademark of Hitachi
KOMATSU® is a registered trademark of KABUSHIKI KAISHA KOMATSU SEISAKUSHO Corp.
Volvo® is a registered trademark of AB Volvo.
Case® and CNH® Capital are registered trademarks of CNH America LLC
Cummins® is a registered trademark of Cummins Inc.
DAF® is a registered trademark of DAF Trucks N.V. / PACCAR Inc
Doosan® is a registered trademark of Doosan Corporation Mottrol (“DSE”)
Hitachi® is a registered trademark of Hitachi,Ltd.
Hyundai® is a registered trademark of Hyundai Construction Equipment Americas, Inc.
JCB® is a registered trademark of J C Bamford Excavators Ltd ("JCB")
John Deere® is a registered trademark of Deere & Company
Liebherr® is a registered trademark of Liebherr-International Deutschland GmbH.
New Holland® is a registered trademark of CNH America LLC
Kobelco® is a registered trademark of Kobelco Construction Machinery Co., Ltd.
Samsung® is a registered trademark of Samsung Engineering Co., Ltd
MAN® is a registered trademark of MAN Truck & Bus GmbH, a wholly-owned subsidiary of Volkswagen AG.
DEUTZ® is a registered trademark of DEUTZ AG
Terex® is a registered trademark of Terex Corporation
Perkins® is a registered trademark of Perkins Engines Company Limited