TERMS AND CONDITIONS
All products (the “Products) sold by Amcan Bearing USA, Inc. Or Amcan Bearing Company
(herein referred to as “Amcan Bearing”) to the Buyer are subject to the following terms and
conditions (the “Terms and Conditions”)
PRICE – Prices in effect at time of shipment will prevail. Prices are subject to change if
Products are not shipped within 10 days of order acknowledgement.
PAYMENT – Unless otherwise agreed in writing, terms of payment are NET 30 days,
subject to credit approval. Otherwise, COD or advance payment is required. Should
the financial responsibility of the Buyer at any time become unsatisfactory to Amcan
Bearing, Amcan Bearing shall have the right to require payment for any shipment
henceforth in advance. If Buyer fails to make payment in accordance with the terms of
this Agreement or fails to comply with any provision hereof, Amcan Bearing may at its
discretion, in addition to any other remedies, cancel any unshipped portion of an order
and other pending orders. In the event the Buyer fails to make payment in accordance
with the terms of this Agreement, the account shall be deemed to be delinquent and a
late charge of two percent (2%) per month will be assessed on the unpaid balance.
Buyer agrees to pay all costs and expenses required to collect this unpaid balance.
QUOTATIONS – Verbal quotations are subject to immediate acceptance and are valid
only for the day on which the quotation was made. For longer validity, a written
quotation must be issued. All prices quoted by Seller are subject to change without
notice.
PRIOR SALE – All merchandise quoted for delivery from stock is subject to prior sale.
DELIVERY – Delivery dates given in advance of actual shipments are estimates and
are not guaranteed delivery dates. Method of delivery will be per Buyer’s specification.
Title will pass to Buyer F.O.B. point of shipment, and as such, responsibility and risk will
pass to Buyer.
CANCELLATION – No order may be canceled or changed in whole or in part without
the consent of Amcan Bearing. No order may be extended beyond the original shipping
date specified without the consent of Amcan Bearing.
ACCEPTANCE – Buyer agrees to inspect the Products within seventy – two (72) hours
after receipt of the Products, and Buyer agrees to promptly notify Amcan Bearing of any
readily-apparent defects or non conformities. Buyer waives any right to object to such
defects or nonconformities later than seventy-two (72) hours after receipt of the
Products.
RETURNS – No returns will be accepted without an approved Return Merchandise
Authorization (“RMA”) form. Authorized returned goods may be subject to a restocking
charge at the discretion of Amcan Bearing. Authorized returned goods, purchased prior
to 1 (one) year from date of RMA issuance will be subject to a mandatory minimum 35%
restocking charge.
WARRANTY - All products (as defined below) sold by Amcan Bearing USA, Inc. Or
Amcan Bearing Company (“Amcan Bearing”) to Buyer are subject to the following Limited
Warranty:
1.
The products covered by this Limited Warranty are those sold by Amcan Bearing
to Buyer as set out in detail in Exhibit A attached hereto and made a part hereof
(hereinafter referred to as “Products”).
2.
Amcan Bearing warrants that the Products shall be free from defects in material
and workmanship and should be fit for the ordinary purposes for which such Products
are used. This warranty does not apply to any Product which has been subject to
misuse, mishandling, improper storage, misapplication, neglect, improper maintenance,
accident, improper installation, improper mounting, improper lubrication, modification
(including but not limited to use of unauthorized parts or attachments), or adjustment or
repair by anyone other than Amcan Bearing or its authorized agents.
3.
Amcan Bearing’s sole obligation for any claim of any kind with respect to a
defective Product, and Buyer’s sole and exclusive remedy for such claim, shall be
limited to replacing the Product, or in Amcan Bearing’s sole discretion, refunding or
crediting to Buyer the purchase price of the defective Product.
4.
Amcan Bearing’s obligations hereunder are conditional upon Buyer satisfying
each of the following requirements:
A.
Buyer shall have notified Amcan Bearing in writing within 15 (fifteen) days
of the discovery of a purported defect in a Product. Any claim by Buyer shall be
deemed waived if such written notice is not delivered to Amcan Bearing within the
stated 15 (fifteen) day period.
B.
The Product shall have been returned to Amcan Bearing, freight prepaid,
at 1010 Republic Drive, Unit #2, Addison, Illinois 60101, within one year of its sale to
Buyer.
C.
Amcan Bearing shall have found the Product defective.
D.
Amcan Bearing shall have found the Product to have been properly
mounted, lubricated, loaded, otherwise installed, and used (as applicable).
5.
Except for the specific warranty contained hereunder, Amcan Bearing makes no
other indemnity, representation or warranty, express or implied, including without
limitation any implied warranty of merchantability or fitness for a particular purpose. No
person has been authorized by Amcan Bearing to make any further or contrary
indemnities, representations or warranties.
6.
Amcan Bearing shall not be liable for special, exemplary, punitive, incidental,
direct, indirect, general or consequential damages, or any other loss, cost or expense
with respect to the Products, whether or not such damages or loss is based on contract,
warranty, gross or ordinary negligence, strict liability or otherwise (including without
limitation lost profits or savings, loss of business or use, loss sustained as a result of
injury or death, or loss of or damage to property or the property’s use). This disclaimer
shall apply to the above described circumstances, whether or not foreseeable and
whether or not Amcan Bearing was advised of the possibility of such damages or loss.
7.
The exclusive remedies provided hereunder shall not be deemed to have failed
of their essential purpose as long as Amcan Bearing performs in the manner prescribed
herein.
8.
Any cause of action for breach of this Limited Warranty must be commenced by
Buyer within fourteen (14) months from date of shipment of the subject Product to
Buyer.
9.
Delivery of Products to the common carrier for shipment to Buyer shall constitute
delivery to Buyer and title shall be deemed to pass to Buyer at point of shipment,
whereupon risk of loss or damage shall cease to be that of Amcan Bearing and shall be
that of Buyer.