These terms and conditions form the basis on which you can visit us (Berger Tools Ltd) and our website (Berger Tools Ltd website). Please read them carefully as they contain important information. If at any stage you do not agree then you must cease using the website.
Berger Tools Ltd is a limited liability company incorporated in England and Wales under company number 03058050, of Units B1-B2 Chaucer Business Park, Watery Lane, Kemsing, Kent TN15 6QY with VAT Number GB 624 9033 48. Berger Tools Limited is referred to within this website as “The Company”, "we" "us" or "our".
You can download a PDF version of the Terms of Website UseOther Applicable Terms
www.berger-tools.co.uk is a site operated by Berger Tools Ltd ("We"). We are registered in England and Wales under company number 03058050 and have our registered office & trading address at Units B1+B2 Chaucer Business Park, Watery Lane, Kemsing, Kent TN15 6QY. Our VAT number is GB 624 9033 48.
We are a limited company.
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us by completing our contact form.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of Sale.
Whenever you make use of a feature that allows you to upload content to our site, or to contact other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
When you upload or post content to our site, you grant the following licenses:
We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please complete: contact form.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
To contact us, please use: contact form.
This is privacy notice of Berger Tools Ltd.
You can download a pdf version of the policy here.
We respect your privacy and are determined to protect your personal data. The purpose of this privacy notice is to inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from). We’ll also tell you about your privacy rights and how the data protection law protects you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below.Who We Are and Important Information
What is the purpose of this privacy notice?
This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you register for an account, sign up to our newsletters or purchase a product.
This website is not intended for children and we do not knowingly collect data relating to children.
You must read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Berger Tools Ltd is the controller and responsible for your personal data (collectively referred to as, “Berger Tools”, "we", "us" or "our" in this privacy notice). For all data matters contact our data representative, our contact details are units B1+B2 Chaucer Business Park, Watery Lane, Kemsing, Kent, TN15 6QY, +44 (0) 1732 763377,: Contact form: click here
Berger Tools is the controller and responsible for this website.
Third-party links outside of our control
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.
When you leave our website, we encourage you to read the privacy notice of every website you visit.
Personal data, or personal information, means any information about an individual from which that person can be identified. You can find out more about personal data from the Information Commissioners Office.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together:
- Identity Data includes First Name, Last Name, Title.
- Contact Data includes Invoice Address, Statement Address, Delivery Address, email address, telephone numbers
- Company Data includes job title, Company name, Trading name, VAT Number, Company registration number
- Financial Data includes bank account, payment card details (encrypted) and credit checks
- Transaction Data includes details about payments to and from you/ other products/ services you have purchased/ enquired about from us.
- Technical Data includes IP Address, your login data, browser type and version, location, operating system and platform, other technology on the devices you use to access this website.
- Profile Data includes your username, password (hashed to make them unidentifiable), enquiries or orders made by you, your interests, preferences, feedback.
- Usage Data includes information about how you use our website, products and services.
- Marketing & Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website page/ feature. However, if we combine or connect aggregated data with your personal data so that it can be directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect your personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact using our Contact Form if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
Performance of a contract with you
To process and deliver your order/ enquiry including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business,
provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(e) Marketing and Communications
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services including new products that may be of interest to you
Necessary for our legitimate interests (to develop our products/services and grow our business)
We have established the following personal data control mechanisms:
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may have to share your personal data with the parties set out below for the purposes set out in the table in above.
We may share your data with third parties who are based within the European Economic Area (EEA)
Whenever we transfer your personal data outside the European Economic Area (EEA), we ensure a similar degree of protection is afforded to it by implementing safeguards
- Removal of Identity data
- Limit data to only that necessary to offer the product / service you require
- Confidentiality Agreements in place
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers including contact, identity, financial and transaction data for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Your legal rights below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Unless subject to an exemption under the data protection laws, you have the following rights under the Data Protection Legislation:
- The right to access;
- The right to be informed;
- The right to rectification;
- The right to erasure;
- The right to restriction of processing;
- The right to withdraw consent where consent was the lawful basis for processing;
- The right to object to our processing; and
- Right to data portability.
If you wish to exercise any of the rights set out above, please contact Samantha Goldsmith (Data Representative)
No fee required – with some exceptions
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
This version was last updated on 15.07.22
Please keep us informed if your personal data changes during your relationship with us. It is important that the personal data we hold about you is accurate and current.
To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance contact our Data Representative through this Contact Form or +44 (0) 1732 763377.
If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.
This acceptable use policy sets out the terms between you and us under which you may access our website berger-tools.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.
You can download a pdf version of the policy here.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
berger-tools.co.uk is a site operated by Berger Tools Ltd (we or us). We are registered in England and Wales under company number 03058050 and we have our registered office & trading address at Units B1+B2 Chaucer Business Park, Watery Lane, Kemsing, Kent TN15 6QY. Our VAT number is GB 624 9033 48.
We are a limited company.
We may from time to time provide interactive services on our site, including, without limitation:Prohibited Uses
You may use our site only for lawful purposes. You may not use our site:
You also agree:
We may from time to time provide interactive services on our site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
A cookie is a small file comprised of letters and numbers that we send to your browser and will be stored on your computer..
We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). This includes the ability to use of our Live Chat and display CAD drawing files using our third party providers Cadenas and Tawk.to
Analytical / performance / targeting cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. Targeting cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website more relevant to your interests. We may also share this information with third parties for this purpose.
Details of Third Parties:-
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Except for essential cookies, all cookies will expire after 5 years.
You can change which cookies you accept from us here: Set Cookie Preferences
You can download a pdf version of the Terms & Conditions of Sale (B2B)
You can download a pdf version of the Terms & Conditions of Sale V16 (Private Consumer)Order Acceptance
All orders are subject to written acceptance by the Seller and shall be deemed to incorporate these terms and conditions of sale.
No variations or additions shall form any part of any terms and conditions of sale unless expressly accepted on behalf of the company by an employee authorised to do so, with any such acceptance being in writing.
With respect to small, low value orders, we reserve the right to apply an order handling charge.
Goods are offered for sale subject to their availability and their being unsold at the time of order acceptance.
The Buyer is responsible for ensuring that the terms of the order and any applicable specification are complete and accurate. .
Quotations prepared and issued by the Seller remain valid for a period of 30 days.
Prices are in pounds sterling and value added tax is payable on all invoices at the rate prevailing at the time of invoice.
The Seller reserves the right to alter or amend prices as and when necessary and without prior notice.
Quoted prices are ex works prices to which carriage plus VAT is added at prevailing rate and depending on method of transport specified.
With schedule style orders (orders calling for delivery spread over a period of time) phased over a maximum of twelve months, the Seller reserves the right to invoice Goods provided in each consignment at prices prevailing at the actual despatch date of each consignment.
The Buyer shall not withhold payment in whole or in part as a result of any disputes with the Seller.
Where Goods ordered by the Buyer do not form part of the standard range of products normally offered by the Seller or are to be manufactured, processed or adapted to meet the special needs of the Buyer, the Seller reserves the right to require payment of up to 50 per cent of the total price prior to commencement of manufacture. The balance of payment to be made in accordance with the Seller’s standard terms and conditions of sale.
Payment shall be made by the Buyer in the currency specified in these terms. Unless otherwise stated and agreed with the Seller, payment shall be made 30 days from the date of the Seller’s invoice.
The Seller reserves the right, without the need to give notice, to charge the Buyer interest on any amount outstanding at a rate of 1.5 per cent per calendar month or part thereof. The Seller reserves the right to suspend any or all deliveries until the account is brought up to date and any amounts outstanding paid in full.
Where carriage and packaging or other charges may be shown separately on the invoice, they are payable in full by the Buyer as they form part of the overall price and shall be treated as such.
The Buyer undertakes to provide the Seller with bankers and trade references (normally two) and other references as may be required.
Any despatch or delivery date specified by the Seller to the Buyer is given in good faith and, while the Seller will endeavour to meet or even better the stated date, the Seller accepts no liability for any direct or consequential loss or damage arising from any delay in despatch or delivery.
Goods despatched by the Seller are deemed to have been received by the Buyer 5 days after the despatch date, unless the Seller receives written notification of non-delivery within 7 days of the invoice date.
The Buyer shall not be entitled to reject any Goods on the basis of short supply only.
Each delivery shall be considered a separate transaction and the failure of any one delivery shall not affect the due performance of a Contract as regards other deliveries.
If delivery should be delayed at the request of the Buyer, the Seller may place the Goods in store at the Buyer’s risk and the Buyer shall pay such storage costs and other costs incurred by the Seller as a result of such delay.
The Seller endorses the need for continuous product development and therefore reserves the right to amend product specifications as and when necessary and without prior notice.
All specifications, descriptions and drawings of Goods, including descriptions and illustrations shown in catalogues, price lists or other documents are intended for guidance purposes only and the Seller is not liable for their accuracy.
To the extent that the Goods are to be manufactured in accordance with a Specification supplied by the Buyer, the Buyer shall indemnify the Seller against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Seller in connection with any claim made against the Seller for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Seller's use of the Specification.
Returned Goods will not be accepted by the Seller unless prior written confirmation has been given and received by the Buyer.
Non-standard products or standard products modified to meet the Buyer’s requirements are not returnable.
The Seller reserves the right to impose a cancellation charge of 15% of the value of any Goods returned or the sum of 25 pounds sterling, whichever is the greater. The Buyer is responsible for the cost of packaging, freight and insurance of any and all returned Goods. Where the property in any of the Goods returned to the Seller has passed to the Buyer, such Goods shall, unless otherwise agreed in writing by the Seller remain the property and at the risk of the Buyer.
Once a contract has been formulated between the Buyer and the Seller, the Buyer will not be entitled to cancel the order wholly or in part without the express written agreement of the Seller.
The Seller reserves the right to claim from the Buyer compensation (but without limitation) in the event of the Seller or their Principals having purchased specific raw materials especially for the purpose of the contract.
Products claimed to be defective or not conforming to the Buyer’s order and accepted in writing by the Seller as such must be returned. No claim in respect of defective products will be considered unless the alleged defective products are returned to the Seller, at the Buyer’s expense and within a period of 30 days from the date of dispatch of the original consignment by the Seller to the Buyer.
The Buyer must allow the Seller full rights of access and information to investigate any such claims, including inspection of any equipment on or in which the Seller’s products have been used in connection with the claimed defect. Standard products claimed not to conform to the Buyer’s orders should be returned in good condition in accordance with these terms.
Written confirmation stating why the products have been returned must accompany the returned Goods.
At the discretion of the Seller such products will be replaced with those conforming to the Buyer’s original order if the error is found to be that of the Seller.
No claim for non-delivery of the whole or part of an order nor for damage in transit or shortage in delivery will be considered unless the Buyer provides the Seller and the Carrier concerned with written notice of the deficiencies within 3 days of the receipt of the products, or in the case of non-delivery within 7 days of invoice date.
The Seller shall be entitled to terminate, cancel, rescind and/or suspend and/or reduce the quantities to be supplied under any contract or order without liability for loss or damage resulting there from if the performance of its obligations under the contract or order is in any way adversely affected by any war, strike, lock-out, trade dispute, flood, severe or adverse weather conditions, accident to plant or machinery, shortage of any material or labour or any other cause whatsoever beyond the Seller’s reasonable control.
Notwithstanding delivery of the Goods or any document representing them, the Seller reserves the right of disposal of each item of the products and the property therein shall not pass to the Buyer until full payment is received by the Seller for all such products plus any default interest.
Until such date, the Buyer shall keep the Goods for the Seller in the capacity of fiduciary owner and shall automatically store the Goods in such a way that they can be recognised as such.
The Buyer shall insure the Goods in their own name and will hold any payments payable under such insurance policy upon trust to the Seller.
The Seller warrants that the Goods supplied are free from defects in material and workmanship and are satisfactory quality according to the Sale of Goods Act 1979.
The Seller’s liability is limited to the replacement or repair and at the Seller’s discretion of any defective Goods, providing that they have in no way been modified, abused or used for any purpose for which they were not designed. The Buyer must advise the Seller of any defect within a period of 30 days.
This contract shall be governed by English law.
Nothing in these Conditions shall limit or exclude the Seller's liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
Subject to points above:
The Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
The Seller's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Goods that are the subject of the applicable order.
After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
This clause shall survive termination of the Contract.
The headings used throughout are for convenience only and shall not affect the construction thereof.
These Conditions shall form the basis of the contract between Berger Tools Limited (“the Seller”) and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
These Conditions may not be varied except by the written agreement of [a director of] the Seller.
These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Buyer shall be responsible for selecting the Goods ordered and determining whether they are suitable for Buyer’s purpose. The Seller shall have no liability for the failure of Goods to perform in operating conditions unless the Buyer has stated in its order that such conditions would apply and the Seller accepted such stipulation in writing.
The Buyer is responsible for payment of all customs and other charges levied on Goods, if any.
All drawings, confidential information and other documents supplied by one party to the other shall remain the copyright and property of the party supplying the same and may not be copied or reproduced without its consent and such documents shall be returned in the event of a Contract not being made or completed.