Terms and Conditions
1.1 These conditions shall be deemed to be incorporated by Berner UK Limited (hereinafter known as the Company) as conditions in any purchasers order, or contract accepted by us. No agent, or stockist, or other third party, and no employee of Berner other than a Director of the Company, selling our goods, is authorised to transact any business which gives any warranty, make any representation or incurs any liability on our behalf. We reserve the right to alter our product designs or construction details without notice. When these conditions or any other conditions which any other party may seek to incorporate into any contract conflict, these conditions shall prevail. Any notice required to be served pursuant to these conditions shall be served as follows:
(a) To the Seller – To Berner UK Limited, Pitreavie Business Park, Dunfermline, Fife, KY11 8UQ.
(b) To the Purchaser – to such address as the purchaser may notify to the Company or in default of notification to the address from which the goods and/or services were ordered or if the Purchaser is a company, at the option of the Seller to the Purchaser’s registered office. A properly addressed notice sent by first-class post to destinations in the United Kingdom or the Republic of Ireland shall be deemed to have been received, three days after the date of its despatch.
1.2 The Company supplies professionals or public authorities and bodies only. It does not supply consumers.
1.3 The products are designed exclusively for professional use and are not intended for consumer use or consumption. Therefore the supply and the purchase of our products is only for the purpose of own consumption or use by a professional user solely for the purposes of use in its business. The products must not be onward sold.
1.4 To the extent permitted by law, the Company shall not be liable for any costs, loss, claims, damages, liability or expenses suffered or incurred by the purchaser for any third party claims however arising (whether in contract, tort, breach of statutory duty, negligence other tort or otherwise) in respect of the products or their use. The purchaser hereby indemnifies and keeps indemnified the Company from and against all costs, loss, claims, damages, liability or expenses suffered or incurred by the Company or any of its affiliates against any claims or demands of third parties however arising (whether in contract, tort, breach of statutory duty, negligence other tort or otherwise) in respect of the products or their use.
2. TERMS OF PAYMENT
(a) Strictly net 30 days from date of invoice other than with express permission.
(b) We reserve the right to charge interest at the rate of 2.5% per month on extended terms of payment and overdue accounts.
(c) While any account of a purchaser is overdue the Company may withhold or suspend performance of any contractual obligation to such purchaser.
(a) Until payment has been made to the Company for the full contract price, the goods, including the price for installation or other work (if any) to be done by the Company, the property in such goods shall not pass to the purchaser who shall be bailee only.
(b) In case of default in full payment by the purchaser after delivery of the goods the Company may give notice to the purchaser terminating the purchaser’s right to possession whereupon the purchaser shall be bound at the purchaser’s own expense to redeliver the goods to the Company.
(c) In all such cases the Company may (with or without previous notice) itself retake possession of the goods and the Company is in such circumstances irrevocably authorised by the purchaser to enter the premises on which such goods as situated and to dismantle and remove the goods at the purchaser’s expense causing as little damage as possible but not being obligated to repair such damage.
All prices are subject to alteration without notice. If during the currency of any contract there be any increase in the cost in all cost of labour and/or materials required in connection with or for the purpose of such contract over the cost of such labour and/or materials prevailing at the date of acceptance, such net increase of cost shall be added to the contract price and payable by the purchaser. All prices are subject to the addition of VAT where appropriate.
5. MINIMUM INVOICE VALUE
Due to the high cost of processing small orders the minimum invoice charge will be £25.00 net for local deliveries and £75.00 net for carrier deliveries, excluding carriage. This carriage does not apply to part orders.
6. METHOD OF CARRIAGE
The method, and cost of carriage shall be decided by Berner. Carriage will normally be charged at a pre-determined rate, other than for the following, which will be sent carriage paid:-
(a) Goods despatched direct to third party on the instruction of a purchaser.
(b) Goods despatched on purchasers instructions by means more expensive than our chosen method.
Case pallets or metal containers will be charged, unless returned carriage paid in good condition within one month from the date of invoice.
8. RISK, DAMAGE AND LOSS
8.1 Risk in the goods will pass to the purchaser upon delivery of the goods to the purchaser’s premises.
8.2 The purchaser must inform us within three (3) days of the date of the passage of risk pursuant the clause 8.1 above if a claim, loss in transit, of non delivery of any of the goods is to be made and must follow up such notification with a written confirmation within a further 7 days. In respect of the purchaser’s obligations hereunder time shall be of the essence, NO CLAIMS WILL BE CONSIDERED AND NO LIABILITY ACCEPTED BY US UNLESS NOTIFICATION IS RECEIVED WITHIN THE TIME SPECIFIED.
9. RETURNED GOODS
All goods correctly supplied in accordance with purchaser’s order but which are subsequently returned will only be credited provided that the purchaser contacts the Company for prior authorisation and the following criteria are met:-
(a) The goods must be of current design and in resale-able condition, with original unmarked packaging
(b) The goods must be accompanied by a packing note stating the reason for return and the invoice number against which the goods invoiced.
(c) The cost of the out ward carriage, if paid by the Company, and a handling charge will be payable by the purchaser when the goods are exchanged with a minimum 15% of the net invoice value of the returned goods.
(d) Notification of return of goods must be lodged, in writing, within 3 working days of delivery date.
(e) Non standard and non-stocked goods which have been specifically purchased on behalf of a purchaser are Non-returnable.
10. SURCHARGES AND RECONDITIONED UNITS
(i) Surcharges: On certain products, surcharges will be applied in line with manufacturer’s recommendations as quoted to the purchaser at the time of order placement. Credits will be issued against such surcharges subject to the conditions laid out below on core returns.
(ii) Core Returns: Returns of core parts will only be accepted for credit of surcharge payments in accordance with the following conditions:
(a) Products to be returned to Berner under the core returns system must be in acceptable condition for reconditioning. It will be at the discretion of Berner to reject core returns deemed as unacceptable.
(b) The returned parts must be accompanied by all core returns paperwork fully completed, and an ‘Old Unit Return’ swing type ticket fully completed and attached to the product securely.
(c) Unauthorised core returns may be subject to a handling charge, the value of which will be at the reasonable discretion of Berner (this handling charge will be quoted as a percentage of the net invoice value of the original goods supplied by Berner). Plus all carriage charges incurred by Berner for the return of core to the Company and/or the purchaser’s premises, will be charged to the purchaser in full.
(d) The value of surcharge credit for accepted core returns will be at the level originally invoiced as a surcharge for the relevant unit(s).
Whilst every endeavour has been made to ensure that the goods are accurately described and believe to be fit for the purpose as stated in our catalogue or Web site, no warranty or representation to this effect is given, and no responsibility will be accepted in the event of any error or mis-description of any such unfitness, or any damage relating there from. Photographs, illustrations, advertising matter and technical brochures generally represent the goods offered but are not binding in detail. We reserve the absolute right to make detailed alterations to the materials and specifications. Weights, dimensions, electrical power, water and compressed air and other supplies data, are estimated and deviations shall not be a ground for claim against us.
12. DELIVERY OR ORDERS BY SCHEDULE
Orders on which deliveries are to be made at a scheduled rate are accepted on the following conditions:-
(a) No delay of delivery can be taken as agreed unless the purchaser has received our written consent.
(b) Delay of any delivery beyond two months from the date originally agreed will not be accepted.
(c) At least 14 days notice must be given of any intention to delay deliveries.
(d) Where we agree to a delay of delivery at purchaser’s request we reserve the right to adjust the prices. If we find this necessary, and to make a charge for any extra costs incurred attributable to the delay.
(e) Each delivery shall constitute a separate transaction.
(f) Quantities delivered in each time period in the schedule will be subject to a tolerance agreed in advance between the Company and the purchaser.
13. DELIVERY QUOTATION
Any date quoted for despatch is subject to stock remaining unsold upon receipt of the purchaser’s written order to proceed together with all necessary information and documents. Should we be delayed in or prevented from delivering the whole or any part of the goods ordered by reason of any strike, lock-out, stoppage of work, epidemics, riot, war, civil commotion, defective materials, shortage of supplies or by reason of any cause whatsoever beyond our control, the date of delivery shall be extended until the operation of the cause or causes preventing delivery has ceased. Whilst every effort will be made to estimate quoted delivery dates accurately they are not to be construed as forming part of the terms of the contract. The purchaser shall not be entitled to refuse to accept goods because of delay, howsoever caused, and we shall incur liability for failure to despatch or deliver such goods in due time. In the event of such delay continuing for an unbroken period of 60 days, we shall have the right by notice in writing to terminate the contractor contracts in question to the extent that they shall not have already been pre-formed.
(a) In lieu of any warranty implied by law we expressly guarantee to replace or make good any parts supplied by us which may be defective through faulty materials or workmanship, provided always, that such parts shall be promptly returned free to our works within 7 days of the defect becoming apparent and not later than 6 months after the date on which there were despatched by us in which respect time shall be of the essence of the contract.
(b) We shall not to liable for any loss incurred through stoppage, nor for any consequential damages, injury or expenditure however caused.
(c) This guarantee is in respect of material and workmanship only and shall not apply if the goods are altered or tampered with or if a defect shall be due to or brought about by fair wear and tear, carelessness on the part of the user, misuse or accident, or other cause outside our control, and providing the purchaser is not in default of payment or such sums due to us.
(d) The purchaser is responsible for ensuring the goods ordered are suitable for the purpose for which they are required.
(e) The liability under the guarantee herein is limited to repair and/or replacement. In no circumstances whatsoever shall we incur further liability under the said guarantee, save where you deal with us a consumer.
(f) Any express or implied condition of warranty or term statutory, or otherwise as to the quality, fitness, compliance with descriptions, or sample of the whole or part of the goods, or any replacement thereof, or as to the quality of any work or replacement is hereby excluded.
This contract is governed in all respect by Scottish Law and the consumer submits to the jurisdiction of the Scottish Courts.
Where the product code and part numbers of suppliers, other than Berner, are quoted next to those of Berner, this is done for reference only, and does not necessarily indicate the manufacturing source of the goods to be supplied by Berner UK Limited.
If any of the provisions of this Agreement are held to be invalid for any reason then this Agreement shall be read as if the invalid provisions of this Agreement shall not be affected thereby.