Home|Products|About Us|Contact Us|Find Us

Terms and Conditions :

In these conditions:

(a) 'the Company' means R.T. Bearings Limited;

(b) 'Contract' means any contract between the Company and the Customer for the sale and purchase of the Goods, incorporating these Conditions;

(d) 'Goods' means any Goods agreed in the Contract to be supplied to the Customer by the Company (including any part or parts of them).

In these conditions:

(a) references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time

amended, consolidated, modified, extended, re-enacted or replaced;

(b) references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires; and

1. Acceptance & Variation

(a) No Contract shall arise until the acceptance by the Company of an order (which shall be deemed to be an offer by the Customer to purchase Goods subject to these conditions)

and these conditions shall apply to all sales by the Company to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to

apply under any purchase order, confirmation of order, specification or other document).

(b) The Customer shall ensure that its order is complete and accurate and no variation of or departure from these conditions shall have effect unless accepted in writing by the Company

and countersigned by a Director of the Company.

2. Specification

No illustrations, drawings, catalogues or descriptive material shall form part of any contractual specification or data unless expressly so incorporated.

The Company may alter details of construction and finish without notice, and where the specification includes items of a specified quality, model or make any substitute

therefore items of a similar quality, model or make.

3. Confidentiality

Any technical drawings, specifications or illustrations supplied by the Company are supplied only on the basis that the information contained therein shall not be disclosed to any person

or entity without the prior written consent of the Company, shall remain the property of the Company and shall be returned to it forthwith upon demand.

4. Delivery

(a) Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the Company's place of business and

the Customer shall take delivery within 7 days of notice that the Goods are ready for delivery.

(b) Any delivery time or date quoted by the Company is an estimate only and shall not be made of the essence by notice.

The Company shall not be liable in any way for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of

goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence)

nor shall the Customer be entitled to rescind the Contract for failure to meet estimated date or for any consequences of delay unless such delay exceeds 180 days.

(c) Without prejudice to the foregoing no claim for damages or shortages will be considered unless the Company and the carrier are advised in writing with 3 days of delivery and

any claim for non-delivery must be notified in writing to the Company and the carrier within 10 days of the expected delivery date.

(d) If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer

has not provided appropriate instructions, documents, licences or authorisa-tions risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company's negligence),

the Goods will be deemed to have been delivered and the Company may store the Goods until delivery whereupon the Buyer will be liable for all related costs and

expenses (including, without limitation, storage and insurance).

(e) If the Company delivers to the Customer a quantity of Goods of up to 5% more or less than the quantity accepted by the Company the Customer shall not be entitled to object to or

reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such Goods at the pro rata Contract rate.

5. Price and Payment

(a) Unless otherwise agreed by the Company in writing the price of the Goods shall be the Seller's quoted price, such prices being valid for 14 days only or until earlier acceptance by the Buyer,

exclusive of any value added tax and all costs or charges in relation to loading, unloading, carriage and insurance all of which amounts the Customer will pay in addition when it is due to pay for the Goods.

(b) Prices quoted at the time of an Order placed by the Customer may be increased as the Company shall think reasonable on account of increased cost of materials,

labour or parts arising after formulation of a quotation or tender the price for the Goods.

(d) Payment is required on or before delivery save where the Company has accepted a credit account with the Customer (any such credit facilities being liable to immediate withdrawal at the

absolute discretion of the Company) payment in the case of credit accounts being made at the end of the month next following the month in which the Goods are sent to the Customer and

no payment shall be deemed to have been received until the Company has received cleared funds

(e) Unless specifically agreed in writing there shall be no refund of any charge made for packing except in the case of non-expendable pallets or containers which are charged for and for which

credit will be given if returned in good condition, carriage paid.

(f) All payments payable to the Company under the Contract shall become due immediately upon termination of this Contract despite any other provision.

(g) The Customer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a

valid court order requiring an amount equal to such deduction to be paid by the Company to the Customer.

(h) If the Customer fails to pay the Company any sum due pursuant to the Contract the Customer will be liable to pay interest to the Company on such sum from the due date for payment at the

annual rate of 4% above the base lending rate from time to time of Barclays Bank Plc, accruing on a daily basis until payment is made, whether before or after any judgment.

The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

6. Risk and Transfer of Title

(a) The Goods are at the risk of the Customer from the time of delivery.

(b) The ownership of the Goods shall remain with the Company and the Company reserves the right to dispose of the Goods in accordance with the terms of sale or until such time as the

Customer sells the Goods to their customer by way of bona fide sale at full market value until payment has been made in full for the Goods and all other sums which are or which

become due to the Company from the Customer on any account.

(c) If such payment is overdue in the whole or in part the Company may (without prejudice to any other right of the Company) recover and re-sell the Goods or any of them and may enter

upon the premises of the Customer for that purpose.

(d) Such payment shall become due immediately the Customer has a bankruptcy Order made against him or makes an arrangement or composition with his creditors, or otherwise takes the

benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal),

or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager,

administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding up of the Customer

or for the granting of an administration Order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer.

7. Responsibility for the Customers property

Property delivered to the Company by or for Customers in accordance with Contracts with the Company shall be responsibility of the Company whilst at its works and insured against loss

and/or damage by fire, lighting, explosion and aircraft perils only and shall be insured by the Company accordingly, all other loss and/or damage being at the Customers own risk.

8. Quality and Warranties

(a) Where the Company is not the manufacturer of the Goods, the Company will endeav-our to transfer to the Customer the benefit of any warranty or guarantee given to the Company.

(b) The Company warrants that (subject to the other provisions of these conditions) upon delivery and for a period of 12 months from the date of delivery, the Goods will:

(i) be of satisfactory quality within the meaning of the Sale of Goods Act 1994; and

(ii) be reasonably fit for any particular purpose for which the Goods are being bought if the Customer had made known that purpose to the Company in writing at the time of making an order

and the Company has confirmed in writing that it is reasonable for the Customer to rely on the skill and judgement of the Company.

(i) the Customer gives written notice of the defect to the Company, and (if the defect is as a result of damage in transit) to the carrier, within 7 days of the time when the Customer discovers

or ought to have discovered the defect in any event before the expiration of twelve months from the date of delivery of the Goods to the Customer; and

(ii) the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Customer (if asked to do so by the Company) returns such Goods to the Company's

place of business at the Customer's cost for the examination to take place there.

(d) The Company shall not be liable for a breach of either of the warranties in condition 8(b) if:

(i) the Customer makes any further use of such Goods after giving such notice; or

(ii) the defect arises because the Customer failed to follow the Company's oral or writ-ten instructions as to the storage, installation, commissioning, use or mainte-nance of the Goods or

(if there are none) good trade practice; or

(iii) the Customer alters or repairs such Goods without the written consent of the Company.

(e) Subject to conditions 8(c) and 8(d) if any of the Goods do not conform with either of the warranties in condition 8(b) the Company shall at its option repair or replace such Goods

(or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Customer shall, at the Customer's expense,

return the Goods or the part of such Goods which is defective to the Company. This shall not apply to wear and tear but to defects only.

(f) If the Company complies with condition 8(e) it shall have no further liability for a breach of either of the warranties in condition 8(b) in respect of such Goods.

(g) Any Goods replaced will belong to the Company and any repaired or replacement Goods will be guaranteed on these terms for the unexpired portion of the 12 month period.

9. Limitation of Liabilities

(a) Subject to condition 8, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors)

to the Customer in respect of:

(i) any breach of these conditions; and

(ii) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

(b) All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent

permitted by law, excluded from the Contract save that nothing in these conditions excludes or limits the liability of the Company for death or personal injury caused by the

Company's negligence or fraudulent misrepresentation.

(i) the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or

contemplated performance of this Contract shall be limited to the Contract price; and

(ii) the Company shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of good-will or otherwise), costs,

expenses or other claims for consequential compen-sation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

10. Goods for use abroad

The Company shall not be liable in respect of any Goods used outside the United Kingdom and shall be responsible for any defect arising wholly or partly attributable to the use of

any Goods in conditions, being conditions of road services, temperatures or otherwise, not generally obtaining in the U.K. The Company shall not be responsible for providing that any design,

specification or component complies with any foreign law, regulation or requirement and shall not be liable for any failure to comply forthwith.

11. Assignment

The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company but the Company may assign the Contract or any part of it to

any person, firm or company.

12. Force Majeure

The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods Ordered by the Customer (without liability to the Customer)

if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God,

governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes

(whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that,

if the event in question continues for a continuous period in excess of 180 days, the Customer shall be entitled to give notice in writing to the Company to terminate the Contract.

13. General

(a) Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.

(b) If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unen-forceable or

unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of

the Contract and the remainder of such provision shall continue in full force and effect.

(c) Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.

(d) Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Customer will not be deemed a waiver of any subsequent breach or default and

will in no way affect the other terms of the Contract.

(e) The parties to this Contract do not intend that any term of this Contract will be enforce-able by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

(f) The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of

the English courts.