Consolidated Bearings

Limited Replacement Warranty

This Limited Replacement Warranty applies to all Consolidated Bearings Company (“CBC”, “we” or “us”) branded products (“CBC Products”) that are purchased from CBC.

  1. Limited Warranties.
    1. CBC warrants that each new CBC Product purchased from CBC will be free from material defects in material and workmanship under normal use and maintenance for one (1) year from the date of purchase from CBC.
    2. We further warrant that CBC Products offered pursuant to specifications published by CBC will materially conform to CBC’s published specifications as of the date of purchase.
    3. For any custom CBC Products, we warrant that such custom CBC Products will materially conform to the specifications provided by or otherwise approved in writing by CBC.

 

  1. Warranty Period. Our warranties for CBC Products continue for a period of one (1) year from the date that we deliver such CBC Products.  All warranties and remedies contained herein shall expire with respect to a CBC Product on the first anniversary of our delivery of such product.

 

  • Exclusive Remedy.

 

  1. A buyer’s sole and exclusive remedy for CBC Product(s) that do not conform to the limited warranties described above shall be replacement of the defective CBC Product(s). Our sole obligation under this warranty shall be limited to replacing any part of the defective CBC Product (or the whole defective CBC Product) which under normal and proper use and maintenance proves defective in material or workmanship.
  2. This Limited Replacement Warranty shall be void with respect to any CBC Product unless (a) Buyer returns the defective CBC Product with written notice of all alleged defects, and with all shipping or other charges prepaid, to CBC within one (1) year from CBC’s delivery of such CBC Product; and (b) the product is found by CBC, using its reasonable business judgment, to have been properly (1) mounted or installed; (2) lubricated; (3) loaded and (4) used.

 

  1. This warranty does not apply in respect of damage to any product or accessory or attachment thereof caused by overloading or other misuse, neglect or accident, nor does this warranty apply to any product or accessary or attachment thereof which has been repaired or altered in any way which, in our sole judgment, affects the performance, stability or general purpose for which it was manufactured. In no event shall CBC have any liability whatsoever for a product that was: improperly (i) mounted or installed; (ii) lubricated; (iii) loaded; or (iv) used, including any use that was not in strict compliance with the manufacturer’s specifications.
  2. Third Party Products. This warranty applies only to CBC branded products. CBC does not warrant any third-party products that are sold by CBC.  We are not responsible for any defects in any products that are not CBC branded products.  Defective third-party products may be covered under the applicable manufacturer’s warranty.  Please contact the manufacturer if you find any defects in any third-party products.

 

  1. DISCLAIMERS
    1. Except for this Limited Replacement Warranty described above, CBC MAKES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED BY LAW, IN CONNECTION WITH ANY PRODUCT(S) SOLD BY CBC. CBC EXPRESSLY DISCLAIMS, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

  1. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, CBC EXPRESSLY DISCLAIMS LIABILITY FOR ANY CLAIMS, LOSSES, DAMAGES, OR INJURIES ARISING IN CONNECTION WITH THE PRODUCT, WHETHER BASED ON FRAUD (BOTH STATUTORY AND COMMON LAW), NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT, BREACH OF CONTRACT, OR ANY OTHER CAUSE OF ACTION.

 

  • Limitation of Liability. TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CBC BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, LOST PROFITS), SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR FOR ANY ATTORNEY’S FEES, COSTS OR INTERESTS OF ANY KIND.  TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, CBC’S MAXIMUM AGGREGATE LIABILITY ARISING FROM ANY PRODUCT SOLD BY CBC SHALL BE LIMITED TO THE GREATER OF (A) THE PRICE PAID TO CBC FOR SUCH PRODUCT, AND (B) $100

 

  • GOVERNING LAW. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS OR THIS LIMITED REPLACEMENT WARRANTY SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES.

 

  1. BY PURCHASING CBC PRODUCTS, BUYER AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS OR THIS LIMITED REPLACEMENT WARRANTY SHALL BE SETTLED BY CONFIDENTIAL ARBITRATION, USING A SINGLE ARBITRATOR, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, APPLYING NEW JERSEY SUBSTANTIVE AND PROCEDURAL LAW WITHOUT REGARD TO CONFLICTS OF LAWS RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.  SUCH ARBITRATION SHALL BE HELD IN NEWARK, NEW JERSEY. NOTWITHSTANDING THE FOREGOING, A BUYER may assert claims in small claims court if ITS claims qualify. The Federal Arbitration Act and federal arbitration laws apply to these Terms.

 

Application over Conflicting Terms.  These terms prevail over any terms or conditions contained in any other documentation or agreement and expressly exclude any buyer terms or conditions (including without limitation any terms included in any purchase order, confirmation or other communication or document issued or provided by a buyer in connection with any CBC Products).