These Terms and Conditions (“Terms”) set for the legally binding terms governing your access to and use of the websites “consbrgs.com” and “shop.consbrgs.com” and their respective content. This notice applies to the Consolidated Bearing Company websites listed above, including official corporate websites, which are all collectively referred to as the “Website”. The Website is subject to the following terms and conditions, which set forth the legally binding terms for your use of the Website.
In these Terms, “you” and “your” refer to each person who visits, uses or accesses any of the Website, and his or her agents; “Buyer” refers to any person who visits, uses or accesses any of the Website and purchases products from us (“Products”), typically Authorized Distributors (“Distributors”, who are authorized to distribute the Products to purchasers (“End Buyers”)); and “Seller”, “CBC”, “we”, “us” and “our” refer to Consolidated Bearing Company. These Terms explain our obligations to you and your obligation to us in relation to the use of the Website.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION IN SOME SITUATIONS, WHICH MEANS THAT YOU MAY HAVE TO SUBMIT ANY DISPUTE RELATED TO THESE TERMS OR THE WEBSITE OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION PROVISION ALSO INCLUDES CLASS ACTION AND JURY TRIAL WAIVERS, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION AND WAIVE YOUR RIGHT TO A TRIAL BY JURY. DO NOT ACCESS OR USE ANY PART OF THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
Conditions of Use; Your Consent
By using this Website, you acknowledge that you have read, understand and agree to these Terms. Please read this Agreement carefully and save it. If you do not agree to these Terms, do not use this website.
Products and Services sold are expressly subject to the Terms set forth herein. We shall not be bound by any terms of your or Buyer’s purchase order which provide conditions additional to or different from the terms herein. Your or Buyer’s acceptance of Products constitutes acceptance of these terms and conditions of sale.
The terms hereof shall survive delivery of the Products ordered hereunder. All rights that are not expressly granted under these Terms are reserved by us and our licensors or third-party providers.
We offer discounts for large purchases.
For orders with a total purchase value greater than $1,000.00 we offer a five percent (5%) discount off distributor net pricing,
For orders with a total purchase value greater than $2,500.00, we offer a ten percent (10%) discount off distributor net pricing; and
For orders with a total purchase value greater than $5,000.00, we offer a fifteen percent (15%) discount off distributor net pricing plus free standard freight.
Shipping Options and Order Confirmation
We offer many different shipping options on this Website. On the “Checkout” screen page of this Website where you finalize your order, we only display the most popular options. If you do not see your preferred shipping choice, please enter your request in the “Order Comment or Special Instructions”
We review and confirm all online orders before shipping. If you have not received an order confirmation, your order has not been accepted or received. Please contact us again.
Orders placed after 5:00 PM Eastern Time will be confirmed the following business day.
Shipment and Delivery
Shipping and Delivery dates are approximate and based on prompt receipt of all necessary information. Buyer shall pay all transportation and delivery charges to final destination.
Our obligation to ship on time is expressly made subject to the terms of the force majeure clause set forth below. We shall make every reasonable effort to meet any delivery date(s) required by Buyer, but we will not be liable for our failure to meet such date(s).
Shipping specifically excludes cartage, insurance charges or taxes unless we decide in our sole discretion to use our own transportation equipment.
Risk of Loss
The risk of loss of the goods shall pass to Buyer upon loading of the goods into transportation equipment at the shipping point unless transportation is provided by our equipment. Title will pass and all risk of loss shall be upon the Buyer from point of shipment.
Pricing is in US Dollars. Unless otherwise specifically agreed, all prices are for Products packed for domestic shipment and for delivery F.O.B. shipping point; the shipping point will be one of Seller’s warehouses.
Prices are based on present costs and subject to change before delivery in order to cover our increased costs applicable thereto.
In the event, that sales tax is determined to be due upon any purchase, Buyer will pay the amount of such tax to us for payment to the appropriate taxing authorities. If we pay such taxes, Buyer shall reimburse us therefor.
Pricing for bearings requiring special internal clearances and/or precision not contemplated by this Website or set forth on the “Place Order” page of this Website will be quoted upon request. These bearings are considered special and thus not-returnable.
Split Pillow Block Assemblies consist of a housing, bearing, adapter and seals. For orders of Split Pillow Block Assemblies in the SAF, FSAF, SAFS, FSAFS, SD, SDAF, and SN series, a ten percent (10%) discount shall apply.
Any Buyer purchase order is subject to approval and acceptance by authorized representative of Seller at its main office in New Jersey and subject to the terms set forth herein.
Buyer and End Buyer agree to inspect the Products within seventy-two (72) hours after receipt of the Products, and Buyer agrees to promptly notify us of any readily-apparent defects or nonconformities. Buyer and End Buyer each waive any right to object to such readily-apparent defects or nonconformities later than seventy-two (72) hours after receipt of the Products.
Delivery in Installments
Partial shipment may be made and payment therefore shall become due in accordance with the terms hereof. All such partial shipments shall be invoiced separately and paid for when due, without regard to subsequent deliveries. Delay in delivery of any such installment shall not relieve Buyer of the obligation to accept and pay for the remaining deliveries.
Domestic Buyers – Payment is Net 30 days for Buyers located within the United States of America who are in good standing. This means that the net amount due us is expected to be paid in full by the respective Buyer within 30 days of the date when the goods are dispatched.
Should the financial responsibility of a Buyer at any time become unsatisfactory to us, we shall have the right to require payment for any shipment hereunder in advance or in the alternative, the provision of satisfactory security. If Buyer fails to make payment in accordance with the terms of this Agreement or fails to comply with any provision hereof, we may at our option, in addition to other remedies, cancel any unshipped portion of an order and other pending orders. Buyer shall remain liable for all unpaid accounts. Buyer agrees to pay all collection costs and expenses, including reasonable attorney’s fees, incurred by us in collecting or attempting to collect such accounts.
International Buyers – For Buyers located outside of the United States, payment in full is due in advance of shipment via wire transfer to the account provided by Seller.
LIMITED REPLACEMENT WARRANTY
- CBC represents and warrants each new product to be free from material defects in material and workmanship under normal use and maintenance for one (1) year from the date of purchase. We represent that goods offered pursuant to published specifications on this Website will materially conform to MANUFACTURER’S PUBLISHED SPECIFICATIONS published specifications. If Buyer is purchasing custom goods, we warrant that the goods will materially conform to the specifications mutually approved by the parties.
- The Buyer’s sole and exclusive remedy for Product(s) that are determined to contain material defects shall be replacement of the defective Product(s). Our sole obligation under this warranty shall be limited to replacing any part of the defective Product (or the whole defective Product) which under normal and proper use and maintenance proves defective in material or workmanship.
This Limited Replacement Warranty shall be void unless Buyer or End Buyer returns the defective product with written notice of all alleged defects, and with all shipping or other charges prepaid, to CBC, but in no event may that date be greater than one (1) year from delivery, and the product is found by CBC to have been properly (i) mounted or installed; (ii) lubricated; (iii) loaded and (iv) used.
III. The Buyer’s sole and exclusive remedy for Product(s) that are determined to have been shipped in error shall be the return of erroneous Product and replacement with proper Product provided that Buyer must give notice of such shipping error within thirty (30) days of Buyer’s receipt of such erroneous Product(s).
- 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 anyway 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.
- Except for this Limited Replacement Warranty described above, CBC MAKES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED BY LAW, IN CONNECTION WITH THE PRODUCT(S). CBC EXPRESSLY DISCLAIMS, WITHOUT LIMITATION, ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- CBC EXPRESSLY DISCLAIMS WITHOUT LIMITATION, LIABILITY FOR ANY CLAIMS, LOSSES, DAMAGES, OR INJURIES 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.
- 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.
- BUYER AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS OR THIS LIMITED REPLACEMENT WARRANTY SHALL BE SETTLED BY 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, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. SUCH ARBITRATION SHALL BE HELD IN OR NEAR NEWARK.
- 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.
Delays; Force Majeure
We shall not be liable for loss or damage due to delay in delivery or manufacture resulting from any cause beyond our reasonable control, including but not limited to compliance with any regulations, orders, or instructions of any federal, state or municipal government or any department or agency thereof, acts of God, acts or omissions of the Buyer, acts of civil or military authority, fires, strikes, factory shutdowns or alterations, embargoes, war, riot, delays in transportation, or inability due to causes beyond our reasonable control to obtain necessary labor, manufacturing facilities or materials from our usual sources; any delays resulting from any such cause shall constitute cause for extending delivery dates and receipt of the goods shall constitute a waiver of all claims for damages. In no event shall we or Buyer be responsible for special or consequential damages.
Authorized Distributors can return certain goods in accordance with the Return Goods Policy they have been provided with separately. Please see our Return Goods Policy for details.
Buyer can cancel its order, reduce quantities, revise specifications or extend schedules only by mutual agreement as to reasonable and proper cancellation charges which shall take into account expenses already incurred and commitments made by us, and Buyer shall indemnify us against any loss resulting therefrom.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AND CONDITIONS AS A COURT WOULD.
Venue; Governing Law
THE RIGHTS AND OBLIGATIONS OF THE BUYER AND SELLER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW AND THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW. The provisions of the United Nations Conventions on Contracts for the International Sale of Goods shall not apply.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Consolidated Bearing Company. The collective work includes works that are licensed to Consolidated Bearing Company. The contents of this Website may not be reproduced (including extracts) unless permission is granted in writing by us. Any unauthorized use, including without limitation the reproduction, distribution, display or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
This Website has links and images of products from various manufacturers. Manufacturer’s names and/or product identities are registered trademarks, trademarks or servicemarks of their respective companies.
The trademarks, service marks, trade dress and logos (“Trademarks”) used and displayed on this Website are Trademarks used under license. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Website and no such right is granted by your use of this Website. The Trademarks on this Website may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
This Website is provided “as is” and without express or implied warranties of any kind, including without limitation, the implied warranties of merchantability, fitness for any particular purpose or non-infringement. We do not represent or warrant that this Website will be uninterrupted or error free.
In no event will we be liable for any damage based upon or resulting from any use or inability to use this Site. You acknowledge by your use of this Website, that your use is at your sole risk. To the extent your jurisdiction does not allow the exclusion or limitation of certain warranties, the scope and duration of such warranty in these jurisdictions and the extent of any of our liability will be the minimum permitted under such law.
Every care has been taken to ensure the accuracy of the data contained in this Website. No liability can be accepted for any errors, omissions or manufacturing design changes.
Use of Website
This Website, or any portion of this Website, may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us. We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that the customer conduct violates applicable law or is harmful to our interests.
You agree to defend, indemnify and hold harmless Consolidated Bearing Company, its affiliates, officers, directors, managers, employees, agents, consultant sales field and licensors, from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violations of these Terms or other applicable agreement between us. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall cooperate as reasonably requested by us.
Users outside of the United States
The Website is controlled, operated and administered by Consolidated Bearing Company from its offices within the United States of America. We make no representation that materials on or within the Website are appropriate or available for use at other locations outside of the U.S. and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the materials on or within the Website in violation of U.S. export laws and regulations. If you access the Website from a location outside of the U.S., you are responsible for compliance with all local laws. If you reside outside the U.S., any information you provide to use on or through the Website will be transferred out of your country and into the U.S. If you do not want your personally identifiable information or other information to leave your country, do not provide your information to us. By providing your information to us, you explicitly agree that we may transfer your information to the U.S. Please note that personally identifiable information collected on the Website may be stored and proceeded in the U.S. or in any other country in which we or any of our affiliates, subsidiaries or service providers maintain facilities.