Terms and Conditions

These Terms and Conditions for the online sales of spare Parts apply to all purchase orders, offers, and contracts made by Zahid Tractor and Heavy Machinery Co. Ltd (“ZT”), with the customer (“Customer”) for the online sales of spare parts (“Parts”, “Part” or “Products”) through the Website. In the event of any conflict or inconsistency between these Terms and Conditions with any other form or document or terms and conditions issued by the Customer, these Terms and Conditions shall prevail. By using the Website and/or submitting online purchase orders, the Customer agrees to be bound by these Terms and Conditions, including those terms and conditions related to privacy and/or other policies that may be published from time to time. ZT may change these terms and conditions at any time. Any changes will take immediate effect on the date they are published.

Scope

After accepting the purchase order(s) and issuing the related invoice(s), ZT performs services that include, according to the details of each order, the following:

1.         Customer’s Warranties and Undertakings

The Customer warrants and undertakes, as of the date of using the Website and placing any purchase order(s), the following:

1. The Customer’s commercial establishment, in any form, whether a sole proprietorship, a partnership, a business entity, or a company, is established and registered in accordance with the laws and regulations in the Kingdom of Saudi Arabia, and that it holds all licenses, permits, approvals and records for the exercise of its activities issued from all official relevant authorities according to the type and nature of the licensed activities, and to deliver valid copies of supporting documents to the ZT whenever requested to do so, and that it is fully responsible for amending and/or updating the Shareholders’ Agreements, the Commercial Registers, articles of association and/or any other statutory documents and ensuring their validity at all times.
2. The representative/individual assigned to act on behalf of the Customer’s commercial entity or the company or the sole proprietorship has all the necessary legal powers and authorities to place the orders and that he/she promptly provides valid copies of the supporting documents and/or evidence to the ZT whenever he/she is required to do so.
3. The Customer’s Commercial establishment is not subject to any statutory, contractual or other restrictions that prevent it from exercising its activity and/or placing online purchase orders or conducting business in the Kingdom of Saudi Arabia.
4. The Customer’s Commercial establishment has all the rights, powers and authorities required to use the Website and benefit from the Products and services.
5. Any information or data provided by the Customer is considered accurate, complete, valid and not misleading for the purpose of benefiting from the Products/ services.
6. The Customer’s Commercial establishment shall be committed to cooperate and promptly respond to any request for additional information to ensure the best use of the Website and its services.
7. The email address used for communication should be of a valid business address/domain and in some cases personal.
8. Providing a valid customer phone number is mandatory.
9. To be responsible for the security of username and password and to prevent third party access and/or use.

2.       Customer’s Undertakings regarding the Order and Use of the Products

2.1    To provide all necessary information regarding the order and to inform and/or update the information immediately and ensure accuracy. Such as but not exclusive to the ‘Customer Line Item’ which controls the line item sequence of the order being purchased online otherwise if left blank will result in the order sequence being made alphabetically.

2.2    To be fully responsible for anything related to the use of the Products and/or Parts and the method of their use (including instructions of use).

2.3    The Customer may not assign and/ or transfer the purchase order to any other party and/ or transfer any benefits or obligations arising from its request to any parent company, subsidiary, affiliate, or any third party without ZT’s prior written consent.

2.4    The Customer fully knows that unless otherwise required by or stated in the applicable law, any request for amendment, change, return or cancellation is not acceptable and non-enforceable unless approved in writing by ZT. ZT is entitled to deduct and/or claim any costs incurred as a result of fulfilling its obligations towards any third party/contractor as a result of order change or cancellation by the Customer. This includes but is not limited to freight charges and other handling charges.

2.5    The Customer accepts that ZT is entitled to deduct and/or claim any costs incurred as a result of no response by the customer to ZT of any kind of communication two weeks after the confirmed delivery/pickup date. Incurred cost is applicable at the rate of 10% of item gross value for each week delay after second week from the confirmed pickup/delivery date. Three months from the confirmed pickup/delivery date, the online order becomes invalidated, it is considered as cancelled, and applicable charges will apply.

2.6    To use the Parts / Products in the Kingdom of Saudi Arabia and not export it.

2.7    The Customer may cancel his account on ZT’s website [using his account control panel on the website].

2.8    In order to initiate order processing, Customer should respond immediately, and at the maximum within no more than two (2) days from the date when the order is placed to either one of the available communication methods (Email or Phone). If no response within two days, ZT has the absolute right to cancel such orders.

3.     Parts availability 

3.1 Customer has to select the appropriate and permissible order type based on customer order requirements. 

        Emergency order: Standard customer order, parts will be allocated from available stock and backorder will be created for non-available parts. ZT has the sole right not to fulfil emergency orders, in whole or part, which are placed for parts in a large number of quantities from available stock and backorder the remaining quantities.

        Bulk order: This order type to be used for bulk quantity orders, parts will be back-ordered.

3.2    Parts availability that is displayed on the website may change at any given moment, including before and after order placement. Customer will be notified of any changes through one of the available communication methods (Email or Phone).

3.3    Customer should contact ZT if a “Contact dealer” message is displayed on the website to check the availability of the requested parts before placing the order.   

3.4    Customer to contact specified PCC coordinator (“Support Team”) if not sure which order type to select.

4.       Pickup/Delivery Information

4.1    It is agreed that delivery of the parts shall be picked up at the ex-works ZT’s facility, unless agreed otherwise. Pickup methods are the default options available for all customers. Customer can select the appropriate Pickup Method based on the customer preference to backorder non-available parts. Additional backorder charges will apply according to the customer selected Pickup Method.

4.2    Delivery methods are provided as an option exclusively for customers with existing valid agreements with ZT for site delivery. Customer can select the appropriate Delivery Method based on the customer preference to backorder non-available parts. Additional backorder charges will apply according to the customer selected Delivery Method.

4.3    Availability in the selected Dealer Store may change at any point in time. The Customer will be contacted to decide on the backorder preference for non-available parts. Additional backorder charges will apply according to the newly selected customer Pickup/Delivery Method.

4.4    Backorder parts availability may change at any point in time depending on availability in the supplier’s (“CAT’s”) facility. Backorder preference (Regular/Airfreight/Courier Express) will apply from the moment the parts become available to ship at the supplier’s facility.

4.5    Backorder preference (Regular/Airfreight/Courier Express) may change based on the back ordered products’ characteristics (hazmat, product dimension, product weight, etc.).

4.6    Pickup/Delivery Methods selected on the Website, or later selected during follow-up communication are summarized in the below table:

4.7    Delivery Dates: Unless otherwise expressly agreed, delivery dates are approximate only and are based on prevailing market conditions and they may differ due to uncontrollable variables. The customer requested delivery date on the website is not the actual date of delivery/pickup. The approximate delivery/pickup date will be communicated on the Order Under Processing email after placing the order. Orders with Pick up delivery method is to be collected at the delivery counter from the pre-selected Dealer Store. Delivery dates for non-available “Contact Dealer” part(s) may change according to the supplier availability and selected Pickup/Delivery Method.

4.8    ZT’s responsibility for part(s) ceases upon requesting the Customer to receive the part(s). If the Customer fails to receive the part(s) within two weeks from confirmed delivery/pickup date, ZT shall not be held liable for any damages or losses in whole or part occurred to the part(s) –Allah forbids- and ZT will not be responsible in any way for storing the part(s), and it has the right to dispose of and/or sell the part(s) to any third party, with reservation of its right to claim the remaining amount and/or any other compensation or losses arising accordingly.

4.9    Backorder charges are strictly non-refundable.

5.       The Authorities of ZT

ZT reserves its right to reject or cancel any purchase order and/or remove, amend or re-draft the content on its Website or cancel any requests at its sole and absolute discretion. 

5.1    ZT may terminate a customer’s right to use the Website, for example, if the customer violates any provision of the Terms and Conditions or any provision of the applicable law, and prevent him from future use of the Website and/or take any other appropriate legal measures or actions if required.

5.2    Under any circumstances, ZT shall not be liable to the customer or any third party for any damage or loss, whether direct, indirect, consequential, special, punitive or incidental, including but not limited to, loss of revenue, loss of profit, loss of a contract or investment, operational loss, or any other damage that the customer may incur.

5.3    In any event, ZT’s total liability shall not exceed a maximum of the total amount paid to ZT by the customer.

5.4    ZT may hold the customer’s Products in the event of delay or failure to fulfil its payment obligations and may terminate the contract and/or sell the Products if necessary to meet any due amounts.

5.5    ZT has the right to suspend performance, in whole or in part, in the event that the customer breaches any of the provisions contained herein or breaches any of its obligations or violates any provision of the applicable law or if it does not pay the amounts due in a timely manner.

5.6   ZT has the right to cancel any order if the customer fails to respond within two days from order placement to either one of the available communication methods (Email or Phone). Order processing will be initiated only after the customer’s response to either one of the available communication methods.

6.       Limited License of Use

ZT grants the customer a limited, non-exclusive, non-transferable, and non-assignable license to use, browse, and submit online purchase orders. ZT may change, suspend, or remove any feature of the Website at any time. ZT may, without notice or liability, impose restrictions on certain features or restrict access to the Website or any part of it. The customer is not entitled to transfer any part of its obligations or rights related to its order to any other party. 

7.       Fees

7.1    The fees specified by ZT are based on the prices at the time of issuing the invoice. In the event that the price increase or if the costs of labour or shipping and delivery and transportation increase for reasons beyond ZT’s reasonable control, ZT has the right to proclaim such price/ cost increase. Non-Available parts including “Contact dealer” part(s) will be subjected to additional charges depending on the customer selecting the Pickup/Delivery Method.

7.2    The customer shall be responsible to pay taxes and/ or any other government fees that may be imposed by official authorities.

7.3    All fees mentioned are in the currency enforced in the Kingdom of Saudi Arabia and are in Saudi Arabian Riyals (“SAR”).

7.4    Prices stated by or agreed with ZT are based on the price at the moment of the offer. If the price subsequently increases prior to acceptance or should the costs of performance increase thereafter for reasons beyond ZT’s reasonable control, ZT shall be entitled to pass on the corresponding price/cost increase to the Customer. All quoted prices are based on the exchange rates and customs duties prevailing at the offer date and do not include sales, use, value-added or other taxes (Taxes); therefore any exchange rate or customs duties changes and/or all Taxes shall be borne or reimbursed by Customer. Prices changes can occur at any moment between the time it takes for searching for parts, at the time of placing the order and until the invoice is issued.

8.       Payment Terms

8.1    Except where otherwise agreed, the customer should pay the invoice in full immediately before delivery of the Products. ZT shall have priority in fulfilling its full entitlements from the customer before any other third parties or creditors.

8.2    ZT reserves the right to cancel any purchase order or suspend or terminate any performance if the customer fails to pay the invoices on time. If the customer’s financial status becomes unsatisfactory to ZT at ZT sole discretion, ZT may request cash payments or satisfactory guarantees before it performs the orders or delivers the Products.

8.3    If the customer fails to pay due amounts, ZT has the right to retain any amount paid to it on account as compensation, and accordingly, the customer grants ZT the right to hold the Products and the right to sell them in order to meet its financial entitlements and any pending amounts due, without prejudice to ZT’s right to claim any remaining expenses or other damages incurred by it due to non-payment.

8.4    In the event the Customer cancels his account on the Website, all open orders and due amounts will remain applicable, and ZT has the right to claim any due amounts. In case of cancellation/deactivation of the account by Customer on the Website, all open/pending/online registered and all due amounts shall remain applicable. ZT reserves its right to claim any due amounts in such a case.

8.5    Any ZT approved refunds will be processed in the same method as of original payment.

9.       Force Majeure

ZT assumes no responsibility for any delay, damage, or loss as a result of force majeure or circumstances beyond its reasonable control, including but not limited to, war, invasion, governmental decision, royal decrees, terrorism, fire and flood, pandemic or epidemic (such as Coronavirus or other infectious diseases) or negligence or non-performance by third parties or contractors or suppliers. 

10.    Modification

ZT has the right to amend or change these Terms and Conditions at any time without the requirement to notify the customers. Any such amendments and/or modifications shall be considered effective on the date the updated version is published on the Website. The customer shall review the Terms and Conditions periodically and in a regular manner. 

11.    External Websites

The Website may contain ads or other external links/websites. ZT does not verify or endorse or control the content of any of the external websites. ZT shall not be responsible in any way for the content displayed on such external links or websites. 

12.    Use of Website

The Customer shall not use the Website or its content:

• For any illegal use.
• To participate in any illegal acts.
• To violate any local or international laws, regulations, rules or policies.
• To violate ZT’s Intellectual Property rights or the Intellectual Property rights of others. 
• To present false or misleading information. 
• To download or transmit viruses or any other type of harmful codes that may be used in a way to affect the functionality or the operation of the Website or any other related websites.
• To collect or track the personal information of others.
• For any other harmful or immoral purpose.

13.    Intellectual Property Rights

13.1  All Intellectual Property rights in the contents of the Website are owned by ZT or its affiliates or its licensors and may be protected by copyright, trademark and other relevant laws in force.

13.2  All content on the Website, including but not limited to, text, graphics, button icons, images, software, audio and video clips, downloads, interfaces, codes are exclusively owned by ZT.

13.3  All trademarks, logos, service marks, and trade names appearing on the Website represent the registered and/or unregistered trademarks of ZT or its affiliates or of other owners of the trademarks or trade names.

13.4  The customer may not copy, reproduce, modify, broadcast, or store any part of the Website for any purpose without the prior written consent of ZT.

14.    Order Information

14.1  ZT may retain any information and/or data provided by the customer while using the Website, and ZT does so in accordance with the Privacy Policy.

14.2  Customer acknowledges that it is solely responsible for maintaining a backup copy of its order or any other data and that ZT bears no liability for its loss or deletion.

15.    Customer’s Complaints

Any customer complaints should be submitted to Email and contact information present in Order under Processing email signature.

16.    Compliance with Laws and Regulations

The Customer must comply with all laws and regulations that are in force in the Kingdom of Saudi Arabia, along with these Terms and Conditions for using the Website and placing purchase orders.

17.    Applicable Law and Dispute Resolution/Jurisdiction

These Terms and Conditions shall be governed by and interpreted in accordance with the laws, provisions, instructions, regulations and rules in force in the Kingdom of Saudi Arabia, provided that any dispute shall be attempted to be resolved in an amicable manner. In the absence of an amicable resolution, such dispute shall be referred to the competent courts in the Kingdom of Saudi Arabia. 

ZT VAT Registration Number:

300145971110003

 ZT Branches (Stores) CR numbers: 

Abha Branch: 5850002954

Al Kharj Branch: 1011023613

Arar Branch: 3450011120

Dammam Branch: 2050001999

Hail Branch: 3350004911

Al Hafuf Branch: 2252008168

Jazan Branch: 5900008913

Jeddah Branches: 4030044304 – 4030005320 

Jubail Branch: 2055000262

Al Madinah Al Munawwarah Branch: 4650006225

Makkah Branch: 4031025105

Najran Branch: 5950011208

Riyadh Branches: 1010374056 – 1010357411 – 1010374056 ­– 1010180461

Tabuk Branch: 3550003537

Tubarjal Branch: 3402017425

Wadi Ad Dawasir Branch: 1185000740

Yanbu Branch: 4700001667

At Taif Branch: 4032228162