Bailey Privacy Notice

Last Updated: 12/27/2024

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1. Presentation

Bailey International, LLC, Hydrolico International Inc, and their respective parent companies, subsidiaries, and affiliates (collectively, “Hydrolico,” “we,” or “our”) have created these Terms and Conditions (“Terms”) governing our provision of products and services.

Our Privacy Policy and Online Services Terms of Use are available here and are incorporated into these Terms by reference, as if they were completely restated here.

BY ORDERING PRODUCTS (DEFINED BELOW) FROM HYDROLICO, THE CUSTOMER (DEFINED BELOW) AGREES TO THESE TERMS, WHICH, TOGETHER WITH ANY PURCHASE ORDER (DEFINED BELOW) AND ALL PRODUCT SPECIFICATIONS (DEFINED BELOW) PROVIDED OR SIGNED BY THE CUSTOMER AND ACCEPTED BY HYDROLICO, COLLECTIVELY FORM A BINDING AND ENFORCEABLE AGREEMENT BETWEEN HYDROLICO AND THE CUSTOMER.

These Terms modify and replace the existing Hydrolico Terms and Conditions. These Terms come into effect on May 1, 2023.

2. Definitions

Unless the context requires otherwise, the following words or phrases, when capitalized, have the meaning ascribed to them below:

  • 2.1 Purchase Order
    “Purchase Order” means all documents titled “Purchase Order” and any other order request confirmation, including signed drawings, online orders, fax orders, email orders, letters, and telephone confirmations.
  • 2.2 Customer
    “Customer” means the customer named on any purchase order or supply agreement for any product, and includes individuals, as well as any business or other person that the individual represents.
  • 2.3 Products
    “Products” or “Product” means all hydraulic components manufactured or distributed by Hydrolico and all other goods purchased by Bailey for resale, as well as all services provided by Hydrolico in connection with any Products.
  • 2.4 Product Specifications
    “Product Specifications” means all descriptions, documents, images, drawings, manuals, instructions, and warnings that in any way describe or specify the design, function, appearance, materials, use, operation, maintenance, disposal, disassembly, or demolition of any Product supplied by Bailey.

3. No Variation of the Terms

  • The Product supply arrangement between Hydrolico and the Customer is subject to and governed by these Terms.
  • Any variation or different terms proposed by the Customer are expressly rejected.
  • All orders are subject to Hydrolico’s acceptance.
  • In case of conflict between these Terms and any Purchase Order, these Terms will prevail.

4. Ordering Procedures

  • Orders must be submitted via a Purchase Order including:
    • Order number
    • Products
    • Prices
    • Quantities
    • Required delivery date and location
    • Customer contact information
  • Customer warrants authority to enter into a binding agreement.
  • Hydrolico will confirm acceptance or refusal in writing.
  • Hydrolico may refuse orders within five (5) business days if:
    • More information is needed
    • Products cannot be delivered in time

5. Product Pricing

  • Prices follow Hydrolico’s price schedule at order time.
  • Prices exclude taxes; Customer is responsible for:
    • Sales, use, excise, property, business and other taxes
    • Import taxes, customs duties, and fees
  • Orders not processed are subject to price change.
  • Volume discounts at Hydrolico’s discretion.
  • Non-refundable deposits may apply for:
    • Custom-made products
    • Expedited shipping
  • Custom Product cancellations are not allowed after production begins.

6. Payments

  • Payment is due before shipment unless otherwise agreed.
  • Credit terms available at Hydrolico’s discretion.

Address for payment:
Hydrolico International Inc.
Accounts Receivable
55 rue Théodore-Viau, Terrebonne, QC J6Y 0J8, Canada

  • Late payments may cause:
    • Suspension or cancellation of orders
    • Interest charges of 1% monthly (12% annually)

7. Shipping

  • Delivery is FOB Hydrolico shipping point.
  • Hydrolico determines shipping method unless otherwise agreed.
  • Approximate delivery dates; not liable for delays.
  • Customer bears risk of loss upon delivery to carrier.
  • Multiple batch deliveries allowed; each batch billed separately.
  • Storage fees apply: 5%/month of the Purchase Order amount.
  • Special/custom orders cannot be cancelled.
  • Hydrolico may cancel orders if:
    • Payment issues
    • Unsatisfactory financial condition
    • Legal non-compliance
    • Breach of Terms or Privacy Policy

8. Product Returns

  • Authorized at Hydrolico’s sole discretion.
  • RMA required (call 450-628-6644 / 877-628-6644 or email info@hydrolico.com)
  • Products must be:
    • Returned within 45 days
    • Unused and undamaged
    • Safely packed and labeled
  • Credit issued at lower of original invoice or current price.
  • Special/custom products cannot be returned.
  • Restocking fee: up to 20% of invoice + shipping/tax/customs
  • Payment due within 15 days of invoice

9. Custom Products

  • Hydrolico may design custom products based on:
    • Customer drawings/instructions
    • Signed Drawings become part of the Terms
  • Key Attributes (e.g., bore diameter, stroke, mounting type) cannot be modified without Customer consent.
  • Customer liable for design, quality, and operation.
  • Tools/templates remain Hydrolico’s property.
  • Customer guarantees IP rights over provided designs.

10. Limited Warranty; Warranty Disclaimers

  • 1-year warranty for Hydrolico-manufactured Products for material/workmanship defects.
  • Warranty voided by misuse, improper installation, or modification.

Warranty Conditions:

  • Notify Hydrolico within 15 days of issue
  • Obtain RMA
  • Follow return procedures
  • Submit detailed report + photos
  • Allow inspection

Hydrolico’s Remedies:

  • Refund, replace, or pay lowest return shipping rate

DISCLAIMER:
HYDROLICO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR PARTICULAR USE.

  • Third-party products sold “as-is.” Manufacturer’s warranty may apply.

11. Limitation of Liability

  • No liability for:
    • Indirect, consequential, or punitive damages
    • Loss of profits/use
  • Maximum liability = Purchase price + delivery cost
  • Customer waives set-off or non-performance defenses

12. Intellectual Property

  • Hydrolico will defend Customer from IP claims only if:
    • Product solely designed/manufactured by Hydrolico
  • No defense if:
    • Customer-supplied designs/info
    • Product combination or modification
  • Customer indemnifies Hydrolico for IP claims from customer designs

13. Entire Agreement

  • These Terms + related Purchase Orders/Product Specs = full agreement
  • Amendments must be in writing, signed by both parties
  • No assignment without written consent

14. No Waiver

  • Failure to exercise rights is not a waiver

15. Severability

  • Invalid provisions do not affect the rest of the Terms

16. Force Majeure

  • Neither party liable for delays due to events like:
    • Natural disasters, war, pandemics, terrorism, strikes, cyberattacks, etc.
  • Deadlines extended for time lost due to Force Majeure

17. Sending Notices in Writing

  • Notices are valid when:
    • Delivered in person
    • Sent via registered mail
    • Sent by traceable electronic means

Send to:
Hydrolico International Inc., 55, Théodore-Viau, Terrebonne, Quebec, Canada J6Y 0J8

18. Compensation

THE CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS HYDROLICO FROM:

  • Misuse or improper installation of Products
  • Non-compliance with Hydrolico specs/instructions
  • Violation of any law
  • Breach of Terms or agreements

19. No Third-Party Beneficiaries

  • Only parties to these Terms have enforceable rights

20. Applicable Law

  • Governed by laws of Quebec and Canada
  • Legal claims must be filed in Terrebonne, Quebec