BearingsRUs Terms & Conditions of Sale

1. About us

1.1 Company details. BearingsRUs Ltd (company number 08716981) (we/us/ours) is a company registered in England and Wales and our registered office and main trading address is at Units 10 & 11 St. Andrews Court Off Leeds Road, Huddersfield, United Kingdom, HD1 6QB. Our VAT number is 421 6524 23. We operate the websites www.bearingsrus.co.uk and www.bearingsrus.com.

1.2 Contacting us. To contact us, please telephone our Customer Service Team as follows:

· BearingsRUs.co.uk customers: Tel: +44 1484 515360 / Email: [email protected]

· BearingsRUs.com customers: Tel: +1 917 398 0700 / Email: [email protected]

How to give us formal notice of any matter under the Contract is set out in clause 15.2.

2. Our contract with you

2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

2.2 Terms that apply to you. If you are purchasing goods from outside of the UK (for delivery outside of the UK), then clause 6 (International delivery) will apply to you. If you are purchasing goods from inside of the UK (for delivery inside of the UK), then clause 7 (Domestic delivery) will apply to you. The remaining Terms shall apply to you in full, regardless as to where you are ordering the Goods from (or where you are requesting delivery of the Goods to).

2.3 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter, unless the circumstances require otherwise (including where you place an order with us via telephone, in which case the delivery terms and fees will be as set out to you separately and shall be deemed as part of the Contract). You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.4 Language. These Terms and the Contract are made only in the English language.

2.5 Your copy. You should print a copy of these Terms or save them to your computer for future reference.

3. Placing an order and its acceptance

3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

3.2 Orders over 70kg in weight. In the event that the Goods that you wish to purchase exceed 70kg in weight, you will not be able to complete your order online. In these circumstances, you will be prompted to contact us via telephone to place your order (at which point we will confirm the relevant delivery terms and fees for the Goods). Each order placed via telephone is an offer by you to buy the Goods that you specify to us subject to these Terms.

3.3 Correcting input errors. Our online order process allows you to check and amend any errors before submitting your order to us. In the event that you are placing an order via telephone, you will be given an overview of your order to check. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

3.4 Acknowledging receipt of your order. After you place an order online, you will receive an automated email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.5.

3.5 Accepting your order. We will confirm our acceptance to you by sending you an email that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.

3.6 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

4. Our goods

4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the Goods accurately, we cannot guarantee that: (i) the Goods as delivered will correspond exactly with the images on our site; or (ii) your computer's display of the colours accurately reflect the colour of the Goods. The look and colour of your Goods may vary slightly from those images.

4.2 Because we do not manufacture the Goods that we sell, all sizes, weights, capacities, dimensions and measurements indicated on our site merely reflect the manufacturer’s specifications for those particular Goods.

4.3 The packaging of your Goods may vary from that shown on images on our site.

5. Return and refund

5.1 You may not cancel the Contract or receive a refund after we have sent the Dispatch Confirmation to you (unless we expressly agree in writing otherwise).

5.2 If you wish to discuss cancelling a Contract and receiving a refund, please email or telephone our Customer Service Team by using the relevant contact details set out in clause 1.2 above. If you are emailing us, please include details of your order to help us to identify it.

5.3 We may, at our total discretion, agree to cancel a Contract and issue a full refund once you have been in touch with us. However, we are not obliged to do so.

6. International delivery (for customers outside of the UK)

6.1 In the event that you have ordered Goods for delivery outside of the UK, this clause 6 shall apply.

6.2 We will deliver the Goods in line with the shipping method that you choose and pay for at the time of checkout. In the event that you place an order via telephone (as a result of the weight of the Goods exceeding 70kg), we will confirm the delivery arrangements with you separately (and those arrangements will form part of this Contract). You should ensure that you are familiar with the terms and conditions of any shipping method that you choose.

6.3 The Goods are deemed to be delivered at the point that they are delivered to the delivery address (as you have nominated to us) by the relevant carrier, and the Goods are at your risk from that point onwards (unless otherwise stated).

6.4 If you order Goods from our site for delivery outside of the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount. Responsibility for payment of any such import duties and taxes will depend upon: (i) the terms & conditions of the shipping method chosen by you at checkout; or (ii) any Incoterms® specified as being applicable in the delivery of the Goods. If you have any questions about who is responsible for import duties or taxes for your specific purchase, please contact us.

6.5 In the event that any Incoterms® are referenced in your chosen shipping method (such as Incoterms® DAP (Delivered at Place) or DDP (Delivered Duty Paid)), those particular Incoterms shall apply. The “named place” for the purposes of any Goods sent under Incoterms® DAP or DDP shall be the delivery address (as you have nominated to us) unless otherwise agreed. The applicable version of the Incoterms® shall be the 2020 Rules (unless they are updated, in which case the updated version shall take precedence).

6.6 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.

6.7 Any and all dates or times for delivery given are estimates, and the time for delivery of the Goods shall not be deemed to be of the essence.

7. Domestic delivery (for customers inside the UK)

7.1 In the event that you have ordered Goods for delivery within the UK, this clause 7 shall apply.

7.2 We will deliver the Goods in line with the shipping method that you choose and pay for at the time of checkout. In the event that you place an order via telephone (as a result of the weight of the Goods exceeding 70kg), we will confirm the delivery arrangements with you (and those arrangements will form part of this Contract). You should ensure that you are familiar with the terms and conditions of any shipping method that you choose.

7.3 Unless otherwise agreed, we shall prepare the Goods for collection from our premises by the relevant carrier (either the courier or postal service who will be responsible for delivering the Goods to you).

7.4 The Goods are deemed to be delivered at the point that we provide them to the relevant carrier, and the Goods are at your risk from that point onwards.

7.5 You own the Goods once we have received payment in full and once delivery has been completed (in accordance with clause 7.4).

7.6 In the event that any Incoterms® are referenced in your chosen shipping method (such as Incoterms® DAP (Delivered at Place)), those particular Incoterms shall take precedence over any conflicting provisions in this clause 7. The “named place” for the purposes of any Goods sent under Incoterms® DAP shall be the delivery address (as you have nominated to us) unless otherwise agreed. The applicable version of the Incoterms® shall be the 2020 Rules (unless they are updated, in which case the updated version shall take precedence).

7.7 Any and all dates or times for delivery given are estimates, and the time for delivery of the Goods shall not be deemed to be of the essence.

8. Price of goods and delivery charges

8.1 The prices of the Goods will be as quoted on our site at the time you submit your order (and this shall be the case in the event that you are ordering via telephone, unless we confirm otherwise). We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 8.5 for what happens if we discover an error in the price of Goods you ordered.

8.2 Prices for our Goods may change from time to time, but changes will not affect any Contract for purchasing Goods that we have accepted.

8.3 The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being, and the price excluding tax is shown on our website. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

8.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order (if you are ordering online). If you are ordering via telephone, we will confirm the delivery charges and terms for your specific order to you before you decide whether to place an order with us.

8.5 We sell a large number of Goods through our site. It is always possible that, despite our efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

9. Payment.

9.1 Payment for the Goods and all applicable delivery charges is in advance in all cases. We will not dispatch your Goods until payment has been received in full.

9.2 You can make payment by following the onscreen prompts on our website (if you are ordering online). Alternatively, if you are ordering via telephone, we will let you know how to make payment at the time you place an order with us.

10. Manufacturer's guarantee

10.1 Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods. In the event that Goods have a manufacturer’s guarantee we will, to the extent that we are legally able, assign our rights under any such manufacturer's guarantee to you so that you may obtain the benefit of such a guarantee.

11. Our warranty for the goods

11.1 We do not warrant that the Goods comply with any laws, regulations or standards outside the UK. You are responsible for ensuring that the Goods comply with the laws, regulations or standards of your specific jurisdiction.

11.2 We provide a warranty that on delivery, the Goods shall be free from any defects that could have been reasonably identified from visual inspection. We do not manufacture the Goods and therefore give no warranty that the Goods: (i) are free from material or latent defects in design, material and workmanship; or (ii) are of satisfactory quality or fit for your intended purposes.

11.3 If you give us notice that the Goods are defective (and the defects in question could have been reasonably identified from visual inspection) within 7 days of receipt, then provided that: (i) you have not used the Goods further after giving us notice; and (ii) you have not intentionally or negligently damaged the Goods, we will (at our option) replace the defective Goods or refund the price of the defective Goods in full.

11.4 If you give us notice that the Goods are defective (and the defects in question are as a result of a material or latent defect in design, material and workmanship), then provided that there is a manufacturer’s guarantee for the Goods in question, we will use reasonable efforts to allow you to obtain the benefit of any such guarantee from the manufacturer.

11.5 Save for as set out at clause 11.2 above, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

11.6 These Terms also apply to any repaired or replacement Goods supplied by us to you in accordance with clause 11.3.

12. Our liability: your attention is particularly drawn to this clause

12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

12.2 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; or

12.3 Subject to clause 12.2, we will under no circumstances be liable to you for:

(a) any loss of profits, sales, business, or revenue;

(b) loss of business opportunity, agreements or contracts;

(d) loss of goodwill; or

(e) any indirect or consequential loss.

12.4 Subject to clause 12.2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed 200% of the price of the Goods.

13. Termination

13.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 3 days of you being notified in writing to do so;

(b) you fail to pay any amount due under the Contract or if there is any issue with receipt of that payment;

(d) you take any step or action in connection with the entering into of administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), the obtaining of a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or

(e) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

13.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

14. Events outside our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

14.2 An Event Outside Our Control shall include, but not be limited to: (i) acts of God, flood, drought, earthquake or other natural disaster; (ii) epidemic or pandemic; (iii) terrorist attack, civil war, civil commotion, riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo or breaking off of diplomatic relations; (iv) nuclear, chemical or biological contamination or sonic boom; (v) any law or action taken by a government or public authority which imposes an export or import restriction, quota or prohibition; (vi) collapse of buildings, fire, explosion or accident; (vii) any labour or trade dispute, strikes, industrial action or lockout; and (ix) total loss of the Goods in transit by the relevant carrier.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.4 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. Please contact us to discuss the terms of cancellation.

15. Communications between us

15.1 When we refer to "in writing" in these Terms, this includes email.

15.2 Any notice given under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post from within the UK, pre-paid airmail, pre-paid commercial courier delivery service or email.

15.3 A notice is deemed to have been received:

(a) if delivered by hand, at the time the notice is left at the proper address;

(b) if sent by pre-paid first class post from within the UK, at 10.00 am on the second working day after posting;

(c) if sent by pre-paid airmail or pre-paid commercial courier delivery service, at 10.00am on the fifth business day after posting; or

(d) if sent by email, at 10.00 am the next working day after transmission.

15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15.5 If deemed receipt under clause 15.3 would occur outside business hours in the place of receipt, it shall be deferred until business hours resume. In this clause 15, business day means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business, and business hours means 09.00am – 5.00pm Monday to Friday on a business day.

15.6 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16. General

16.1 Assignment and transfer.

(a) We may assign or transfer our rights and obligations under the Contract to another entity.

(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

16.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them, or any part of them, is unlawful or unenforceable, the remaining paragraphs (or remaining parts of any affected paragraph) will remain in full force and effect.

16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

16.6 Governing law and jurisdiction. The Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

Terms and Conditions

BearingsRUs Terms & Conditions of Sale