Terms and Conditions

GENERAL TERMS OF SALE

  1. With respect to goods purchased by Buyer from Seller (“Goods”), no contract exists until Buyer places order for delivery and such order is accepted by Seller’s acknowledging receipt of the order, by Seller’s commencement of work on the Goods ordered, or by Seller’s shipment of the Goods, whichever occurs first. Any acceptance will be limited to the express terms contained on the face hereof. Additional or different terms in Buyer’s form or any attempt by Buyer to vary in any degree any of the terms of this of this quotation shall be deemed material and are objected to and rejected, but this shall not prevent the formation of a contract between Buyer and Seller unless such variances are in the terms of the description, quantity, price or delivery schedule of the goods, and the order shall be deemed accepted by Seller without said additional or different terms.
  2. All agreements are contingent upon strikes, accidents and other reasons for delay beyond Seller’s control.
  3. Where a separate charge is made for specially designed tools and dies, Seller will maintain such tools and dies without further cost to Buyer for the life of such tool or die so long as the part remains active and the design is not changed and Seller will not use such tools and dies for others without Buyer’s permission, but Buyer acquires no right to remove any such tools or dies from Seller’s factory.
  4. Seller warrants to Buyer that the Goods purchased by Buyer from Seller shall be free from defects in material and workmanship. This warranty is the only warranty applicable to the Goods. THERE ARE NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY DISCLAIMED.
  5. All Goods shall be inspected by Buyer when received and Seller shall not be liable for any defect unless notified in writing within 60 days after delivery.
  6. Seller’s liability for breach of warranty shall be limited solely and exclusively to repairing or replacing, at Seller’s option, the defective Goods. In no event shall the liability of Seller for breach of any contractual provision relating to the Goods exceed the purchase price of the Goods quoted herein. In no event shall Seller be liable for any special, incidental or consequential damages arising out of Buyer’s use or sale of the Goods or Seller’s breach of any contractual provisions relating to the Goods, including but not limited to any loss of profits or production by Buyer. Any action resulting from any breach by Seller must be commenced within one year after the cause of action accrued.
  7. Except to the extent caused by Seller’s breach of warranty, Buyer shall indemnify and hold harmless Seller, its employees, officers and directors, and their respective successors and assigns, (collectively, “Indemnities”) from and against any and all liability, damages, claims, causes of action, losses, costs and expenses (including attorneys’ fees) of any kind (collectively, “Damages”) arising out of injuries to any person (including death) or damage to any property caused by or related to the Goods or any negligent act or omission of Buyer, its employees or agents. Buyer shall indemnify and hold harmless each of the Indemnities from and against any and all Damages, royalties and license fees arising from or for infringement of any patent by reason of any sale or use of the Goods or the manufacture of the Goods to Buyer’s specifications or sample. Upon the tendering of any of the foregoing suits or claims to Buyer, Buyer shall defend the same at Buyer’s expense. The foregoing obligations of Buyer shall apply whether Seller or Buyer defends such suits or claim.
  8. Seller reserves the right to over and under ship by not more than 10% of specified quantity.
  9. Small quantities are considered prototype quantities and cannot be returned since the cost of re-inspecting and handling them is generally higher than the value of the parts. Larger quantities may not be returnable depending on the ability to re-sell these parts within a reasonable time period. Special runs are not returnable.  All returns must be authorized and an Authorization Number is required. Please contact our Customer Service.  Unauthorized returns will be returned at customer’s expense. All authorized returns must be in their original packaging and labelling to insure lot control integrity.  Parts cannot be altered or used in any fashion. Parts from separate lots cannot be mixed. A restocking fee will be charged to authorized returns. Additional charges may be required for re-inspection, cleaning and repackaging.  Credit for damaged parts will not be issued. All returns will be shipped to the authorized return centre pre-paid by sender. Actual credit issued will be for the quantity of acceptable parts at the original piece price, less the restocking charge, less the original freight and any other charges that are necessary to return the parts to a saleable condition.

The product data reported in this catalogue represents typical values and is not intended to duplicate any specific customers test results. For product-specific AQL’s, contact your sales representative, as indicated tolerances may not apply. The catalogue data presented is intended to be used as a guide only. It is not intended to be used to determine the suitability of the product for any specific customer application. Barnes Group strongly suggests that each customer thoroughly test the product to determine the actual suitability of the product in their specific application. The customer is responsible for determining the suitability of products in their applications. For more detailed information about these catalogue products please contact your sales representative.