Terms of Service
Last updated:
1. Acceptance of terms
These Terms of Service (“Terms”) govern your access to and use of the website, catalogue, quotation tools, and related services (collectively, the “Services”) offered by ROCK TEARR PARTS and its affiliates (“Rock Tearr Parts”, “we”, “us”, “our”). By accessing the Services, requesting a quote, placing an order, or otherwise using our channels, you (“you”, “Customer”, “Buyer”) agree to these Terms. If you do not agree, do not use the Services.
If you use the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” includes that entity.
2. OEM disclaimer and independence
Rock Tearr Parts is an independent manufacturer and supplier of OEM-compatible and aftermarket spare parts for heavy equipment and related applications. Unless a product is expressly sold and invoiced as genuine OEM-branded stock sourced from an authorised OEM channel, parts are not manufactured by, endorsed by, sponsored by, or affiliated with any original equipment manufacturer (OEM) whose name, model designation, or part numbering may appear in product descriptions, cross-references, or compatibility statements for identification purposes only.
Reference to OEM names, trademarks, model numbers, or part numbers is solely to denote the intended fitment or interchange and does not imply ownership of those marks. All trademarks remain the property of their respective owners. You must not represent Rock Tearr Parts or its products as OEM-authorised unless we confirm that in writing for the specific line item.
3. No partnership, agency, or employment
Nothing in these Terms, on the website, in quotations, invoices, packing lists, or in any communication shall be construed as creating a partnership, joint venture, franchise, agency, distribution mandate, exclusive relationship, or employment relationship between you and Rock Tearr Parts. Neither party may bind the other or make representations on the other’s behalf except as expressly authorised in a separate signed agreement.
4. Use of the website and accounts
You agree to use the Services only for lawful B2B purposes. You must not misuse the site (including scraping that degrades performance, attempting unauthorised access, introducing malware, or misrepresenting identity). We may suspend or terminate access where we reasonably believe there is abuse, fraud, or risk to security or other users.
5. Product information, quotations, and orders
Catalogue data, images, dimensions, weights, compatibility notes, and technical descriptions are provided in good faith for general guidance. Industrial parts may vary by serial range, supersession, regional specification, or engineering change. You are responsible for verifying suitability for your machine, application, and operating environment before purchase or installation.
Quotations are invitations to treat unless expressly stated otherwise. An order becomes binding only when we issue written order confirmation (including email) or dispatch goods in accordance with agreed terms. We may correct typographical, pricing, or specification errors before acceptance.
We do not guarantee uninterrupted availability of any SKU, stated lead time, or production slot. Allocation, force majeure, supplier constraints, export controls, or credit decisions may affect fulfilment.
6. Bulk orders and partial performance
For bulk, mixed-container, project, or high-volume orders, we may accept the order in whole or in part, allocate available quantities, or propose substitutes of equivalent form, fit, and function where agreed. You acknowledge that commercial supply of industrial parts may require phased shipments or partial fulfilment and that such partial fulfilment does not, by itself, constitute a repudiation of the entire bulk order unless we expressly refuse the balance in writing.
Where a bulk order is performed in instalments, acceptance of a conforming instalment does not waive your obligation to pay for that instalment. Disputes as to non-conforming lines must be raised in accordance with our Return & Refund Policy and the inspection provisions below.
7. Payment, invoicing, and payment disputes
Payment terms (advance, credit, letter of credit, documentary collection, etc.) are as stated on the proforma invoice, commercial invoice, or written agreement. Taxes, bank charges, and currency conversion are as agreed or as required by law.
You agree not to initiate a chargeback, payment reversal, or similar dispute with your bank or card issuer without first giving us written notice and at least fifteen (15) business days to investigate and, where appropriate, remedy the issue. Wrongful or bad-faith chargebacks may result in suspension of supply, recovery of costs (including legal fees where permitted), offset against other amounts due, and termination of further sales.
Set-off is permitted only to the extent mandatory law requires; otherwise, you may not withhold payment pending unrelated claims unless we agree in writing.
8. Delivery, risk, title, and export responsibility
Delivery terms (Incoterms® or other) are as stated on the invoice or contract. Risk of loss and title pass as agreed in those terms; where not specified, risk passes when goods are made available for collection by your carrier or leave our premises as per our standard practice, as confirmed on the invoice.
For export sales, you are solely responsible for import licences, permits, classification, sanctions screening, customs clearance, duties, taxes, levies, inspections, and compliance with the laws of the destination country and any transit countries. You warrant that you will not divert goods into embargoed jurisdictions or prohibited end-uses. You indemnify us against claims, penalties, or costs arising from your import/export compliance failures except to the extent caused by our deliberate misconduct.
9. Installation, use, and technical responsibility
Unless a separate written technical services agreement applies, parts are supplied as goods only. Selection of part numbers, verification against serial and engineering data, installation, torque, bleeding, calibration, commissioning, testing, and return-to-service are solely your responsibility and must be performed by qualified personnel in accordance with OEM or recognised industry service procedures where applicable.
We are not liable for damage, injury, downtime, or consequential loss arising from incorrect installation, misuse, modification, inadequate maintenance, or use outside rated specifications, except where mandatory law provides otherwise.
10. No guarantee of performance; warranty limitations
Except as expressly stated in a written warranty certificate or order confirmation for a specific line item, we disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement, to the fullest extent permitted by applicable law.
We do not warrant uninterrupted website operation, error-free content, or that any part will meet your specific productivity, fuel economy, emissions, or project schedule targets. Field performance depends on installation quality, operating conditions, maintenance, and machine health.
11. Limitation of liability
To the maximum extent permitted by law, Rock Tearr Parts and its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, production, contract opportunities, or project delays, whether or not advised of the possibility of such damages, arising out of or related to the Services or any products supplied.
We shall not be liable for machine downtime, site idle time, rental replacement costs, liquidated damages under your customer contracts, or any chain of economic loss except for direct physical damage to the delivered goods themselves where mandatory law imposes liability. Where liability cannot be excluded, our aggregate liability arising out of any order shall not exceed the amount actually paid by you to us for the specific goods giving rise to the claim in the twelve (12) months preceding the event, unless a higher cap is required by law.
12. Returns and refunds
Returns, inspections, and refunds are governed by our Return & Refund Policy at /return-refund, which forms part of these Terms. We reserve the right to refuse returns at our discretion where policy conditions are not met.
13. Intellectual property
Website content, layouts, logos, and marketing materials are owned by Rock Tearr Parts or its licensors. You may not copy, modify, or distribute them without permission, except for fair use or internal procurement records relating to your orders.
14. Compliance and sanctions
You represent that you are not subject to sanctions that would prohibit the transaction and that goods will not be used in violation of applicable export, anti-bribery, or anti-corruption laws. We may refuse or cancel orders where required by law or our compliance policies.
15. Governing law and disputes
These Terms are governed by the laws of India, without regard to conflict-of-law rules. Subject to mandatory consumer or small-claims protections where you qualify as a consumer under local law, courts at Faridabad, Haryana, India shall have exclusive jurisdiction, and you submit to that venue; we may also seek interim or protective relief in any competent court.
16. Changes
We may update these Terms by posting a revised version on the website with an updated “Last updated” date. Material changes for ongoing supply relationships may also be communicated where practicable. Continued use after posting constitutes acceptance of the revised Terms for new orders; confirmed orders remain subject to the Terms in effect at acceptance unless otherwise agreed.
17. Contact
For legal or contractual notices: info@rocktearrparts.com. Postal address: 12, Main Road Palwali, 121002, HR, IND.