1. Unless otherwise stated all prices quoted are exclusive of freight delivery costs, insurance and other charges in relation to the transfer of the goods from the premises of Bernie's Produce to the location designated by the customer all of which charges shall be payable by the customer.
2. Unless otherwise agreed in writing, Bernie's Produce reserves the right to vary all prices without notification.
3. Bernie's Produce will make every endeavor to complete delivery within the period, if any stated, but Bernie's Produce can accept no liability for delay in delivery or non-delivery.
4. Claims for goods sent by carriers other than Bernie's Produce are to be made against the carrier. The customer is responsible for the immediate examination of the goods upon delivery and any deficiency or damage thereof must be reported to Bernie's Produce within seven (7) days otherwise no claim for such damage or deficiency shall be considered.
5. Product wrongly ordered by the customer and accepted for credit return by Bernie's Produce shall be subject to a 5% restocking fee.
6. Title to and property in all goods supplied by Bernie's Produce is retained by Bernie's Produce until such time as the purchaser has paid in full all debts outstanding by the purchaser to Bernie's Produce. The purchaser agrees to provide Bernie's Produce access to any premises where Bernie's Produce goods are located to enable Bernie's Produce to recover possession of these goods.
7. The customer agrees to return all pallets provided by Bernie's Produce and otherwise indemnifies Bernie's Produce for the replacement cost of any pallet not returned within 30 days.
8. In the event of default pay, all administration, legal and bank fees arising as a result of failure to pay by the due date together with interest on the amount outstanding time to time at the rate of 1.5% per month calculated from invoice date.
9. All Bernie's Produce accounts operates under a credit limit. Once this credit limit is reached your account will be placed on hold and no further purchases can be made on account until payment is received.
10. Bernie's Produce shall not be responsible for damage or fault in performance arising out of incorrect or inappropriate operation of the goods by the customer.
11. Except as expressly provided to the contrary in this agreement, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in anyway to the product are excluded. To the extent permitted by law Bernie's Produce is hereby excused from all liability or any form of loss or damages whether incidental, special, consequential, general or otherwise (including loss of profit and revenue and not withstanding that Bernie's Produce may have been advised of such potential loss or damage) arising out of any breech by or fault on the part of Bernie's Produce under or in connection with the supply of the product any defect or alleged defect in the product or any negligent act or omission breach of contract or howsoever. Note: If any of the provisions of this contract are unlawful or invalid by reason of any applicable statute or rule of law then such provisions shall be severed from this contract, which shall remain valid and binding on the parties. .
