Terms and Conditions

Warranty and Disclaimer of Liability:

The certification on the packing slip constitutes Bailey Hydraulics only warranty with respect to the products sold herein. Bailey Hydraulics liability, if any, for breach of this certification/warranty shall be limited to the cost of replacing the non-conforming part or the issuance of a credit by Bailey Hydraulics not to exceed the invoice value of the non-conforming part.

Except as expressly warranted above, Bailey Hydraulics makes no representations or warranties, express or implied, regarding the quality or fitness of the products subject to this order and Bailey Hydraulics EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITTNESS FOR A PARTICULAR PURPOSE. Bailey Hydraulics also disclaims and buyer hereby waives any liability of Bailey  Hydraulics whether arising from Bailey  Hydraulics negligence, in tort or otherwise arising by operation of law in connection with or related to this sale or to any of the products sold herein. IN NO EVENT SHALL BAILEY HYDRAULICS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, PRODUCTS PURCHASED FROM BAILEY HYDRAULICS, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF BAILEY HYDRAULICS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMGES SOME JURISDIICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABLITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF BAILEY HYDRAULICS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETEHR IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF YOUR USE OF THESE PRODUCTS EXCEED, IN THE AGGREGATE, THE TOTAL COST OF THE MATERIALS PURCHASED FROM BAILEY HYDRAULICS.