2021-22 Bailey Hydraulics Catalog

Customer bears all risk of loss of Products, upon delivery by Bailey to the carrier or on pickup by Customer at Bailey’s plant. Customer shall be responsible for filing and pursuing claims with carriers for loss or damage to Products in transit. Customer shall obtain transportation permits as and when required. Bailey may deliver Products in more than one lot and invoice each lot separately. Any request by Customer to cancel any part of an order prior to delivery shall be made in writing. Customer shall pay full cost for completed custom orders and stocked custom components. Items held at Bailey at Customer request or as a result of default by Customer shall incur a warehousing fee of five percent (5%) per month of the total Purchase Order amount. Any orders shipped by Bailey and refused by Customer will be handled as a returned Products shipment. Special orders and/or custom Products, including, without limitation, cut rod and tubing, may not be canceled. Bailey may without prejudice to any other rights or remedies, terminate any Customer orders or defer shipment upon the occurrence of any of the following: (i) Customer fails to pay any sums owed to Bailey when due, (ii) Customer’s financial condition is unsatisfactory to Bailey, in our sole discretion, (iii) Customer fails to comply with any applicable law, rule or regulation, or (iv) Customer fails to comply with these Terms, the Privacy Policy, or any other agreement with Bailey. Returns Customer shall not return Products without prior written authorization from Bailey and marking any such return with a Bailey Return Merchandise Authorization Number (“RMA”) supplied by Bailey for such return. RMAs can only be obtained from Bailey by calling (865) 588-6000 or 800 800 1810, or by making a request online at www.baileyhydraulics.com. Customer shall assume all risk associated with the return of any Product. Returned Products shall be returned within forty-five (45) days, to the location designated by Bailey, unused, without damage, packaged securely, and marked with Customer’s name and the Product(s) RMA assigned by Bailey. Credit for any returned Products, if any such credit is due, will be issued based upon the lesser of original invoice price or current selling price. We reserve the right in our sole discretion to: (i) refuse to issue credit on any returned Products that we determine to be non-current, no longer stocked or offered by Bailey, or otherwise unsaleable, or (ii) elect to repair any defective Products and return the repaired Products to you. Special orders and custom Products, including, without limitation, cut rod and tubing, are not returnable. Except for nonconforming Products, Customer shall be charged a restocking fee of up to twenty percent (20%) of the total invoice cost on returns after 15 days, in addition to all freight charges, for all Bailey may elect to prepare one (1) or more drawings for custom Product design on behalf of Customer that are based on the design and direction of the Customer. Bailey will provide a copy of any such drawings to Customer as an offer to manufacture a custom Product in accordance with the drawings. To accept Bailey’s offer, Customer must sign and return the drawings to Bailey as instructed. Customer’s signature of any such drawings shall constitute verification by Customer that Bailey’s design of the custom Product meets Customer’s requirements. In the event that Customer provides one (1) or more of Customer’s own drawings for Bailey’s manufacture of a custom Product, Bailey may make any necessary modifications, in accordance with Bailey’s design and manufacturing capabilities, and thereafter provide Customer with drawings approved by Bailey for Customer’s acceptance and signature. Drawings signed by Customer according to the provisions of this section (“Signed Drawings”) shall become part of these Terms with respect to the applicable Products without regard to the original provider of such drawing(s) or whether any modifications thereto are made by Bailey or Customer. Once Bailey receives Signed Drawings, Bailey will not change any Key Attribute (defined below) of a custom Product design without obtaining Customer’s consent. Customer’s consent to any such changes will be in the form of Customer’s signature of updated Signed Drawing(s). Once Bailey receives Signed Drawings, Customer must request any changes to any Key Attribute of the custom Product’s design, by providing to Bailey, or requesting that Bailey provide, updated drawing(s) that reflect such proposed or requested modifications to the design for Customer’s signature. Bailey’s acceptance of any updated drawings will be communicated to Customer in writing. As used herein, “Key Attribute” includes bore diameter, stroke, retract, and mounting fit-up. Bailey may elect, but is not required, to allow Customer to designate in writing one (1) or more attributes of a custom Product’s general look, design, dimensions, or other attributes as a Key Attribute for the purposes of these Terms. Bailey reserves the right to allow or make changes to any attribute of a custom Product, other than a Key Attribute, as is reasonably necessary for Bailey’s manufacture of such Product in accordance with Bailey’s design, materials supply, and manufacturing capabilities. Notwithstanding the foregoing, Bailey reserves the right to allow or make changes to any custom Product, including a Key Attribute, and its associated Signed Drawings, without obtaining Customer consent, for any custom Product for which Customer signed the Signed Drawings prior to 1/16/15. Customer is fully responsible for the design, quality, and functionality or lack thereof of any and all custom Products, including, without limitation, any cylinder, hydraulic power unit, or other Product. Bailey bears no responsibility related to Customer or end user operation or use of any such custom Product. All drawings, special tools, dies, patterns, jigs, and fixtures created, purchased, or provided by Bailey shall be and remain Bailey’s sole property and Customer shall have no right thereto. Limited Warranty; Disclaimers of Warranties Unless otherwise specified, Bailey warrants Products manufactured by Bailey for a period of one (1) year from the date of purchase against operational failure solely to the extent caused by defective materials or workmanship, provided that: (a) such failure occurs during use of the Product in conformance with the Product Specifications provided by Bailey, and (b) there has been no disassembly, damage during shipment, abuse, misuse, misapplication, maintenance, alteration, or improper installation or maintenance or repair of the Product. Warranty coverage is conditioned upon Customer: (a) advising Bailey in writing of the warranty claim, within fifteen (15) days of the alleged operational failure, (b) obtaining from Bailey warranty personnel an RGA and location for return of the Product, (c) complying with all applicable procedures and instructions from Bailey regarding the return of Product, (d) providing to Bailey a complete written report of the circumstances of the claimed operational failure of the Product, and (e) providing Bailey a reasonable time to inspect the Product and investigate the claim. returned Products. Custom Products

Prices subject to change. For the most accurate pricing, please refer to our website at Baileyhydraulics.com or call one of our Customer Experience Representatives at 1-800-800-1810. 199

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