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Terms and Conditions

Trade

Bearingsrus Limited registered US address 42 Broadway Suite 12-581, New York, 10004. UK Registered address Units 10-11 St. Andrews Court, Off Leeds Road, Huddersfield, West Yorkshire, England, HD1 6QB. Registered UK 4159928. VAT registered UK 873-3078-11.

Price

The price quoted will exclude any delivery charge unless otherwise stated. The price will be in US Dollars unless otherwise stated. Quotations are valid for 30 days unless otherwise agreed. Unless otherwise stated, the price quoted is an illustrative estimate only and the price charged will be the price current at the time of delivery. Rates of tax and duties on goods will be those applying at the time

of delivery. At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.

Delivery

All delivery times are quoted as estimates only. Orders are usually dispatched same day unless otherwise stated (depending the time of order). Deliveries are dispatched Monday to Friday. Exclusions include Saturday & Sunday & US holidays. If we fail to deliver within a reasonable time, you may by informing us in writing cancel the contract, however, you may not cancel if we receive your notice after the goods have been dispatched and if you cancel the contract you can have no further claim against us under that contract. If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay including indirect or consequential loss, or increase in the price of the goods. You may at any time enquire about the lead time of your order; we will get back to you with a tracking location upon enquiry. We may deliver the goods in instalments. Each instalment will be treated as a separate contract. We may decline delivery if we believe it would be unsafe, unlawful or unreasonably difficult to do so, or the premises or the access to them are unsuitable for the delivering vehicle.

Payment Terms

You are to pay us in US Dollars when you order unless you have an approved credit account. If you have an approved business credit account, payment is due no later than the 30th day of the month following the month in which we issue our invoice unless otherwise agreed in writing. If you fail to pay us in full on the due date we may suspend or cancel future deliveries, we may cancel discount offered to you, you must pay us interest at the rate set for the purpose of the s6 of the Late Payment of Commercial Debts (Interest) Act 1998, calculated on a daily basis from the date of our invoice until payment, compounded on the first day of each calendar month and before and after any judgement. If you have an approved credit account we may withdraw it or reduce your credit limit or bring forward your due date for future payment. We may do any of those at any time without notice. You do not have the right to set off any money claim from us against anything you may owe us. You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur directly or indirectly and including legal costs following any breach by you of any of your obligations under these terms.

Title

Until you pay all debts you may owe us all goods supplied by us remain our property. You must store them so that they are clearly identifiable as our property. You must insure them against the risks for which a prudent owner would insure them and hold the policy on trust for us. You may use those goods and sell them in the ordinary course of your business but not if we revoke that right by informing you in writing or you become insolvent. You must inform us in writing immediately if you become insolvent. If your right to use and sell the goods ends you must allow us to remove the goods. We have your permission to enter any premises where the goods may be stored at any time to inspect them and after your right to use and sell them has ended, to remove them using reasonable force if necessary. Despite our retention of title to the goods we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date. You are not our agent. You have no authority to make any contract on our

behalf or in our name.

Risk

The goods are at risk from the time of delivery. Delivery of goods via our delivery services are covered under the courier terms of sale. If any goods are damaged or not delivered you must write to tell us within five working days or the expected delivery time. You must give us and any carrier a fair chance to inspect the damaged goods.

Warranties

We warrant that the goods comply with their description on our acknowledgement of order form and are free from material defect at the time of delivery as long as you comply with risk clause. We give no other warranty and exclude any warranty, term or condition that would otherwise be implied as to the quality of the goods or their fitness for any purpose. If you believe that we have delivered goods which are defective in materials or workmanship you must inform us in writing with full details as soon as possible and allow us to investigate (we may need access to your premises and product samples). If the goods are found to be defective in material (following our investigations) and you have complied with our conditions in full, we will (at our option) replace the goods or refund the price. We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent. In any event our total liability to you for all claims is limited to damages equal to the price of the goods. Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.

Specification

If we prepare the goods in accordance with your specifications or instructions you must ensure that the specifications or instructions are accurate, that the goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them, that the specifications and/or designs will not result in the infringement of any rights belonging to a third party. If there is any such claim or threatened claim by a third party in respect of such specifications or designs you will indemnify us in respect of all damage costs or expenses (including legal fees) which we may incur in connection with any such claim or threatened claim.

Export Terms

These terms shall apply to exports where consistent with any written agreement between us. Where the equipment is supplied by us to you by way of export from the United Kingdom then the ‘Incoterms’ of the International Chamber of Commerce which are in force at the time of the date when the contract is made shall apply. If there is any conflict between the Incoterms and the terms in these terms of trading then these terms shall prevail. You are responsible for complying with any legislation or regulations governing the importation of the equipments into the country of destination and for the payment of any duties due. Unless otherwise agreed between us the equipment shall be delivered f.o.b. to the air or sea port of shipment and we shall be under no obligation to give a notice under section 32(3) of the Sale of Goods Act. You are responsible for arranging the testing and inspection of the equipment at our premises before shipment except where otherwise agreed. We are not liable for any defect in the equipment which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit. Payment of all amounts due to us shall be

made as stipulated by us. We shall have no liability for death or personal injury arising from the use of the equipment where the equipment is to be delivered in the territory of another State (within the meaning of s.26(3) (b) Unfair Contract Terms Act 1977).

Return of Goods

We will accept the return of goods from you only by prior arrangement (confirmed in writing), on payment of an agreed handling

Charge, usually 30% of the value (unless the goods were defective when delivered) and where the goods are as fit for sale on their return as they were on delivery. Return of goods does not include a refund of carriage unless we are at fault for incorrect goods supplied.

Shipping

Shipping rates are defined clearly throughout our checkout process and are subject to change without prior notice, notwithstanding any orders already made during such change will be honoured at the rate set at the time of the order being placed.
Cancellation

If the order is cancelled (for any reason) you are then to pay us from all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order. We may suspend or cancel the order by written notice if you fail to pay us any money when due (under the order or otherwise) you become insolvent or you fail to honour your obligations under these terms. You may not cancel the order unless we agree in writing, then our cancellation terms apply.

Waiver and variations

Any waiver or variation of these terms is binding in honour only unless made (or recorded) in writing, signed on behalf of each party and expressly stating an intention to vary these terms. All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

Force Majeure

Suppose we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control. We may then cancel or suspend any of our obligations to you, without liability. Examples of those circumstances include act of God, accident, explosion, fire, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

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