Terms & Conditions
Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to, and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or purchase products from Berl's Commercial Supply.
Formation
Berl's Commercial Supply (Seller) Terms & Conditions and Terms of Sale exclusively govern all product purchases, whether placed by phone, email, fax, chat, purchase order, in person, or via the website, and prevail over any additional or inconsistent terms in any Buyer document, which are expressly objected to and shall not be binding upon Seller unless specifically accepted in writing by Seller’s authorized representative. If a purchase order or other document is submitted to Berl's Commercial Supply that contains terms and conditions contrary or in addition to the terms and conditions contained herein or in the Berl's Commercial Supply acknowledgment, Berl's Commercial Supply’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by the Buyer, and will not constitute a waiver by Berl's Commercial Supply of any of the terms and conditions contained herein or in Berl's Commercial Supply’s acknowledgment.
Copyright
The entire content included in this site, including but not limited to text, graphics, product descriptions, product specifications, images, or code is copyrighted as a collective work under the United States and other copyright laws and is the property of Berl's Commercial Supply. The collective work includes works that are licensed to Berl's Commercial Supply. Copyright 2021, Berl's Commercial Supply ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Berl's Commercial Supply or purchasing Berl's Commercial Supply products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Berl's Commercial Supply or to purchase Berl's Commercial Supply products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by Berl's Commercial Supply. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Berl's Commercial Supply used in the site are trademarks or registered trademarks of Berl's Commercial Supply or its vendors and suppliers.
Prices & Typographical Errors
Product pricing can change at any time without notice. Prices do not include shipping and handling fees or applicable duties and taxes. In the event that a Berl's Commercial Supply product is mistakenly listed at an incorrect price, Berl's Commercial Supply reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Berl's Commercial Supply reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Berl's Commercial Supply shall issue a credit to your credit card account in the amount of the incorrect price.
Product Images, Descriptions & Substitutions
Images of and descriptions for products listed on this website have been provided by our suppliers, and are intended for demonstration purposes only. Berl's Commercial Supply makes no claims in the accuracy of images provided by its suppliers. Certain product options are not available in image format, therefore we encourage you to read all product descriptions carefully when making your product selections. Color samples may vary in color due to graphical variations in monitors. Some products may be substituted (including country of origin) and may not be identical to the images or descriptions featured on this website. Therefore Berl's Commercial Supply is not liable for any losses or damages incurred as a result of incorrect images or color variations.
California Proposition 65
Pursuant to California's Safe Drinking Water & Toxic Enforcement Act ("Proposition 65" or "Prop 65"), the State of California maintains a list of chemicals that it has classified as carcinogens or reproductive toxicants. The State's Prop 65 list changes frequently; the most current list is available at the website of the State's Office of Environmental Health Hazard Assessment ("OEHHA") at www.p65warnings.ca.gov.
Products on California's Proposition 65 list may contain certain chemicals and, therefore, are subject to the warning requirements of California Proposition 65. Proposition 65 requires that packages of products containing certain chemicals identified by the State of California as causing cancer, birth defects or other reproductive harm contain warnings. Berl's Commercial Supply relies on the manufacturer regarding the hazardous chemicals in their products and makes no representations or warranties regarding the information provided by the manufacturer.
Green Product Information
For its customers' convenience, Berl's Commercial Supply has published on its website information pertaining to the environmental attributes of certain products, referred to on the website as “What Makes It Green." This information has been provided to Berl's Commercial Supply by its suppliers and manufacturing partners. While due diligence is conducted to verify the validity of these environmental attributes, Berl's Commercial Supply makes no claims in the accuracy of this information.
Indemnification
You agree to indemnify, defend, and hold harmless Berl's Commercial Supply, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from Buyer's use of, or inability to use any goods furnished hereunder, as well as any negligent, intentional, California Proposition 65 warnings, or tortious act or omission of Buyer, or from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Buyer agrees to indemnify Berl's Commercial Supply, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees related to the labeling and customer notification requirements of California's Proposition 65. Berl's Commercial Supply relies on the manufacturer regarding the hazardous chemicals in their products and makes no representations or warranties regarding the information provided by the manufacturer.
Limitation of Liability
Berl's Commercial Supply shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance or delivery of the products, even if Berl's Commercial Supply has been advised of the possibility of such damages. Berl's Commercial Supply shall not be liable for any shipments or deliveries that arrive before or after the anticipated date. Berl's Commercial Supply shall make no monetary concessions or financial reimbursements related to early or late product deliveries to the buyer’s shipping address. Berl's Commercial Supply is not liable for the delay or default in delivery resulting from any cause beyond Berl's Commercial Supply’s reasonable control, including, but not limited to, governmental action, strikes or other labor troubles, fire, damage or destruction of goods, wars (declared or undeclared), acts of terrorism, manufacturers' shortages, availability or timeliness of transportation, inclement weather, materials, fuels, or supplies, and acts of God (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event: (a) the time for Berl's Commercial Supply performance shall be extended reasonably and the Parties shall adjust all affected dates accordingly; (b) the purchase price shall be adjusted for any increased costs to Berl's Commercial Supply resulting from such Force Majeure Event, and (c) Buyer shall not be entitled to any other remedy. Partial shipments are permitted at Berl's Commercial Supply’s discretion.
Sales Taxes
Berl's Commercial Supply charges sales taxes on shipments to the states where the company has physical or economic nexus unless an approved sales tax exemption certificate is provided prior to purchase. Buyers are responsible for the payment of all applicable sales taxes for shipments to all other states and territories. Buyers shall reimburse any taxes imposed upon sales or shipments unless Berl's Commercial Supply receives an acceptable tax exemption certificate prior to purchase or collects the sales tax on your behalf.
Message to Kentucky Customers & Sales Taxes
Berl's Commercial Supply is not required to collect Kentucky sales or use tax and does not collect sales or use tax from Buyer. Your purchase may be subject to Kentucky use tax unless the purchase is exempt from taxation in Kentucky. Your purchase is not exempt from taxation in Kentucky merely because it is made over the Internet, by catalog, or by other remote means. The Commonwealth of Kentucky requires all Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and to pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue.
Message to Washington State Customers & Sales Taxes
Berl's Commercial Supply is not required to collect Washington State sales or use tax and does not collect sales or use tax from Buyer. Your purchase may be subject to Washington use tax unless the purchase is exempt from taxation in Washington. Your purchase is not exempt from taxation in Washington merely because it is made over the Internet, by catalog, or by other remote means. The State of Washington requires all Washington purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and to pay use tax on those purchases unless exempt under Washington law. The tax may be reported and paid on the Washington State individual income tax return or by filing a consumer use tax return with the State of Washington’s Department of Revenue.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Berl's Commercial Supply or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Information Collection and Use
While using our Service, we may require that you provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include but is not limited to, your email address.
We collect this information in order to:
• facilitate and improve your online shopping experience;
• provide and deliver products and services, process transactions, and send you related information, including confirmations, receipts, invoices, and return authorizations;
• provide, maintain, and improve the Services, manage your online account, and send you support and administrative messages;
• investigate and prevent fraudulent transactions and other illegal activities;
• respond to your comments and questions and provide customer service;
• personalize the Services and provide you with newsletters, marketing or promotional materials, content, or features that are targeted toward your interests.
Berl's Commercial Supply takes reasonable measures, including administrative, technical, and physical safeguards, to protect information about you from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction.
You may opt out of receiving any promotional emails by following the unsubscribe link provided at the bottom of the email sent to you.
Payment
Berl's Commercial Supply accepts payments by Visa, Mastercard, American Express, Discover, Paypal, and company checks. For companies with an established credit or open account with Berl's Commercial Supply, standard payment terms are Net 30 days from time of shipment. Berl's Commercial Supply may reduce or revoke credit at its sole discretion, at any time. Berl's Commercial Supply reserves the right to charge the Buyer a late payment fee at the rate of 1 ½ % of the amount due for each month or portion thereof that amount due remains unpaid, or such lesser amount as may be permitted under applicable law. All open account invoices must be paid with a company check, cashier's check, or wire transfer. If an invoice is to be paid with a credit card, a 3% transaction fee will be assessed in addition to the invoice total. Berl's Commercial Supply does not offer cash discounts for paying early. All payments must be made in US dollars and applied at the time of purchase. Berl's Commercial Supply further reserves the right to defer or delay orders and shipments until payment is first received for all balances due. Buyer agrees to assume responsibility and unconditionally guarantees payments for all purchases from Berl's Commercial Supply and it’s affiliated websites.
Warranty Disclaimer
This site and the materials and products on this site are guaranteed only by the manufacturers' warranties, which are typically extended for a period of 1 year from the date of purchase. Berl's Commercial Supply will make reasonable efforts to facilitate the warranty claim process between the Buyer and Manufacturer. For more information on a specific product manufacturer’s warranty, please contact our Customer Service team at 888-207-3005.
Berl's Commercial Supply is a reseller of goods only, and as such does not provide any warranty for the products it supplies. To the fullest extent permissible pursuant to applicable law, Berl's Commercial Supply disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Buyer and persons claiming through buyer shall seek recourse exclusively from manufacturers for any defects in or failures of goods, and this shall be the exclusive recourse of buyer and persons claiming through buyer for defective goods, whether the claim sounds in contract, tort, strict liability, pursuant to statute, or for negligence. Buyer may pass these terms to subsequent buyers and users of goods. Berl's Commercial Supply excludes and disclaims all other express and implied warranties, including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose. Berl's Commercial Supply assumes no responsibility whatsoever for any interpretation of plans, codes or specifications provided by the buyer, and buyer's acceptance and use of goods shall be premised on buyer's final approval or by buyer's reliance on architects, engineers, or other third parties rather than on Berl's Commercial Supply's interpretation. To the extent not prohibited by applicable law, in no event, whether in contract, warranty, indemnity, tort (including, but not limited to, negligence), strict liability or otherwise, arising directly or indirectly out of the performance or breach of these terms, shall Berl's Commercial Supply be liable for: (1) any incidental, indirect, punitive, special, consequential or similar damages such as loss of use, lost profits, attorneys' fees or delay damages, even if such damages were foreseeable or caused by seller's breach of this agreement; (2) any claim that properly is a claim against the manufacturer; or (3) any amount exceeding the amount paid to Berl's Commercial Supply for goods which are subject of such claim(s). All claims must be brought within one year of accrual of a cause of action.
Berl's Commercial Supply does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that 3rd party software used on this website are free of viruses or other harmful components. Berl's Commercial Supply does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Participation Disclaimer
Berl's Commercial Supply does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site such as product reviews, Berl's Commercial Supply is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Berl's Commercial Supply reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Berl's Commercial Supply in its sole discretion.
Miscellaneous
Buyer’s use of this site shall be governed in all respects by the laws of the state of Colorado, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Buyer agrees that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Berl's Commercial Supply products) shall be in the state or federal courts located in Broomfield County, Colorado. Any cause of action or claim buyer may have with respect to the site (including but not limited to the purchase of Berl's Commercial Supply products) must be commenced within one (1) year after the claim or cause of action arises. Berl's Commercial Supply's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Berl's Commercial Supply may assign its rights and duties under this Agreement to any party at any time without notice to buyer.
Term & Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process via phone, email, fax, online, or any other method. These terms and conditions, or any part of them, may be terminated by Berl's Commercial Supply without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Berl's Commercial Supply may deliver notice to the buyer by means of e-mail, a general notice on the site, or by other reliable methods to the address buyer has provided to Berl's Commercial Supply.