Bearing Superstore – Conditions of Sale of Goods and Services

1. Interpretation

1.1 In these conditions the following words and expressions shall, unless the context otherwise requires, have the meanings set out below:

Authorised Representative means a director of the Company or an employee authorised by a director to deal with the Customer in the ordinary course of business.

Company means Bearing Superstore.

Contract means any contract between the Company and the Customer for the sale and purchase of Goods and/or Services under these terms and conditions.

Customer means the company, firm, body or person purchasing the Goods or Services.

Event of Force Majeure means any event beyond the reasonable control of the Company including, but not limited to, fire, flood, explosion, war, civil disorder, government action, labour disputes, supplier failure, or any other exceptional cause.

Goods means all goods, materials, items or products supplied by the Company.

Order means any written or verbal order received by the Company from the Customer.

Price means the price payable by the Customer under the Contract.

Services means any work or services performed by the Company for the Customer.

1.2 The Contract shall come into effect upon acceptance of an Order by the Company. These conditions apply to the exclusion of all other terms.

1.3 Any variation to these conditions must be agreed in writing by an Authorised Representative.

1.4 Headings are for convenience only and do not affect interpretation.

2. Price and Quantity

2.1 Prices are those quoted at the date of the Order.
2.2 The Company may adjust prices unless a written price guarantee has been provided.
2.3 Any adjusted price shall be binding and shall not entitle cancellation.
2.4 Prices exclude VAT and any applicable duties or taxes.
2.5 A minimum order charge applies and will be provided upon request.
2.6 Foreign currency quotations are subject to exchange rate variation at invoice date.

3. Terms of Payment

3.1 Payment must be made in cleared funds within thirty (30) days of the invoice date.
3.2 Instalment deliveries will be invoiced separately.
3.3 Late payment entitles the Company to suspend deliveries and to charge interest at five percent (5%) above Barclays Bank plc base rate.

4. Delivery and Completion Dates

4.1 Stock supply is subject to availability.
4.2 Delivery dates are estimates only. Time is not of the essence unless agreed in writing.
4.3 The Company is not liable for delays caused by Force Majeure.
4.4 Delay or defect in one instalment does not entitle rejection of others.
4.5 Goods are sold ex-works unless stated otherwise.

5. Packing and Carriage

5.1 Returnable packaging must be returned within one month in good condition for credit.
5.2 Packing and carriage costs are excluded unless stated.
5.3 Packing methods are at the Company’s discretion.

6. Loss or Damage in Transit

6.1 Risk passes to the Customer upon despatch from the Company’s premises.
6.2 Claims will only be considered if written notice is provided within specified time limits.
6.3 Storage costs may be charged if delivery is refused or delayed by the Customer.

7. Title to the Goods

7.1 Risk passes on delivery; ownership passes only upon full payment.
7.2 Until payment, Goods remain the Company’s property and must be identifiable and insured.
7.3 The Company may repossess Goods if payment terms are breached.

8. Warranty

8.1 Defective Goods may be repaired, replaced, or credited within twelve (12) months of invoice date.
8.2 Goods must match specification or be of satisfactory quality.
8.3 Warranty is conditional upon proper use, payment, and compliance with instructions.
8.4 Replaced Goods become the property of the Company.
8.5 Services may be re-performed or refunded if defective.
8.6 Remedies are limited to repair, replacement, re-performance, or refund only.

9. Limit of Liability

9.1 The Company is not liable for indirect or consequential losses, loss of profit, or goodwill.
9.2 No liability exists for Customer-supplied designs, materials, misuse, or third-party services.
9.3 No liability is accepted for damage to property incorporating the Goods.
9.4 The Customer indemnifies the Company against intellectual property infringement claims.

10. Termination

10.1 Either party may terminate upon material breach, insolvency, or cessation of business.
10.2 Termination does not affect accrued rights or payment obligations.

11. Lien

11.1 The Company has a general lien over Customer property in its possession.
11.2 The Company may set off balances owed.

12. Tolerances and Tests

12.1 Reasonable tolerances in size, weight, and quantity are acceptable.
12.2 Requested testing and inspection will be charged and results are final.

13. Intellectual Property

13.1 The Customer warrants that supplied materials do not infringe third-party rights and grants all necessary permissions.

14. Non-Standard Orders

14.1 Non-standard Goods or Services may be cancelled if impractical, with payment due only for work completed.

15. Returned Goods

15.1 Returns may be accepted within ninety (90) days, subject to handling charges:
20% within 30 days
30% within 60 days
50% within 90 days

15.2 Charges are payable within thirty (30) days.
15.3 No obligation exists to accept returns of non-standard Goods.

16. Patterns, Dies, Tools, Drawings and Equipment

16.1 Customer-supplied tools are assumed fit for purpose.
16.2 The Company accepts limited liability for loss or damage.
16.3 Unused tooling may be disposed of after prolonged inactivity.

17. Assignment and Subcontracting

17.1 Customer rights may not be assigned without written consent.
17.2 The Company may subcontract at its discretion.
17.3 The Customer is responsible for third-party supplies obtained directly.

18. Health and Safety

18.1 The Customer must comply with all safety instructions and ensure Goods are used safely.

19. Notices

19.1 Notices must be in writing and delivered by hand, post, or facsimile.
19.2 Notices are deemed served according to delivery method.
19.3 Legal proceedings shall be served at the principal place of business.

20. Invalidity

20.1 Invalid provisions do not affect the validity of remaining terms.

21. Law and Jurisdiction

21.1 These conditions are governed by English law, with exclusive jurisdiction of the Courts of England and Wales.

22. Late Payment of Commercial Debts Regulations 2002

22.1 The Company reserves the statutory right to claim interest and recovery costs for late payment.