Welcome to the Bertech.com website and mobile application owned and operated by Interstate Group Inc., d/b/a Bertech (“Bertech,” “we” or “us”). The Bertech.com website and mobile application, together with the content, software, services, and functionality offered on or through the website and mobile application, are collectively referred to as the “Bertech Property” in these Terms and Conditions. Including any and all terms, conditions, and policies specified on any Bertech packing slips, invoices, and on the Bertech Property (collectively, the “Terms”).
The Bertech Property offers industrial and electronic supplies to help keep your business running. We make the Bertech Property available to you subject to your agreement to these Terms. The purchase of products and services available through the Bertech Property or through various authorized online platforms such as (Amazon as a reseller of Bertech products (item must state sold by Amazon) or Bertech’s Amazon store, Digi-Key, Fastenal and any other third party specified on www.bertech.com, collectively, “Online Platform Partners”) is subject to additional terms and policies as may be specified by the Online Platform Partners. You should review those terms and policies before making a purchase. These Terms (including all documents, policies, conditions and notices) referenced in these Terms and on the Bertech Property) are collectively referred to as the “Agreement.” In this Agreement, the words “include” and “including” will not be construed as terms of limitation.
The Agreement is a legally binding contract between you and Bertech. By accessing the Bertech Property in any way, including, without limitation, browsing the Bertech Property, using any information contained on or in the Bertech Property, creating a User Account (defined below), and/or submitting information to Bertech, you agree to and are bound by this Agreement, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law, and subject to exclusive venue in Los Angeles County.
Our collection and use of personal information in connection with your access to and use of the Bertech Property, whether or not you are a registered user, is described in our Privacy Policy.
ORDERING
When you make a purchase through Bertech or through its Online Platform Partners, such sale is subject to these Terms. Should you make a purchase through one of our Online Platform Partners, depending on whether the item is being shipped directly from Bertech (which will be subject to these Terms if provided a Bertech packing slip or invoice), or directly from the Online Platform Partner, you may be subject to the terms, conditions, and policies specified by such Online Platform Partner and such terms may supersede and override these Terms and any and all customer service related issues will be handled by such Online Platform Partner. If you are unsure as to what Terms apply, please review the terms provided by such Online Platform Partner where you are making such purchase. Please note that Bertech does not authorize any third-party sales or reselling other than directly through its website or through its Online Platform Partners. Any reselling after purchasing from Bertech or Online Platform Partners is expressly prohibited and may only be allowed if expressly authorized in writing by Bertech.
With respect to your purchase, we will do everything possible to process your order on the same day received, and if the product is in stock, ship immediately thereafter. We strive to provide the best quality products at the fastest speeds. In addition, we refuse the right to cancel or not process any order and refuse service to any customer at our sole discretion.
Our minimum order is $75.00 USD but may be modified at Bertech’s sole discretion at any time. Orders below that amount may be subject to a minimum $20.00 service charge added to them or as otherwise specified by Bertech upon purchase. International orders have a minimum purchase amount of $1,000.00 USD but may be modified at Bertech’s sole discretion at any time. All purchases made through the Bertech Property will reflect the name “Interstate Group, Inc.” on your credit card statement, so please review carefully.
Upon Bertech’s receipt and acceptance of a purchase order, if such purchase order does not specify a delivery date, customer agrees to accept all items pursuant to a purchase order within 30 days of Bertech’s acceptance of such purchase order and any fees associated with such purchase order will become due immediately. If the customer provides us with a delivery date, customer agrees to accept all items within 30 days of that delivery date. If customer refuses to accept delivery of such items under the purchase order or attempts to cancel such purchase order after Bertech’s receipt of such purchase order, then all fees specified in such purchase order will become immediately due and customer agrees to remit payment for the full purchase order immediately.
All purchases through the Bertech Property will be subject to these Terms.
RESELLERS
Third party reselling of any Bertech products is expressly prohibited unless Bertech has authorized such reseller in writing. Any third party sales is subject to Unauthorized Dealers and Online Retailers Policy found on the Bertech website and these Terms. Please be careful not to purchase any Bertech branded items from an unauthorized reseller or anyone not in compliance with Bertech’s Terms or the Unauthorized Dealers and Online Retailers Policy – such products are not deemed approved by Bertech and are not considered authentic since Bertech cannot stand behind such purchase in any way.
PRICE & DELIVERY
We will be pleased to quote you competitive pricing on larger quantities or specialty items not mentioned on our website at our sole discretion and such quote and/or pricing may be subject to change at any time at Bertech’s sole discretion. All price quotations are valid for 5 days unless otherwise specified by Bertech. Clerical errors are subject to correction at Bertech’s sole discretion.
PAYMENT TERMS
Purchases can be made by check and credit cards, unless credit is approved by Bertech in its sole discretion and subject to Bertech’s credit requirements. For an open account, please send us banking information plus three credit references and any other documentation that may be requested by Bertech. Invoice payments are due within thirty days from the date of the invoice. No statement will be issued unless expressly requested in writing, but Bertech reserves the right not to provide one. For all online orders, your credit card will be charged upon checkout and your credit card statement will indicate “Interstate Group, Inc.”
OTHER INFORMATION
Taxes will be added to each invoice unless you have specified that the product is for resale and have provided us with a completed and signed resale card and if such resale has been approved by Bertech in writing and subject to the Terms. A minimum $5.00 handling charge to cover shipping materials and processing applies to all orders, which will be added to the freight charges shown on your invoice – such fee may be subject to change at Bertech’s sole discretion.
CANCELLATIONS
Orders for special or custom products or for items not ordinarily stocked may not be cancelled or returned without our Bertech’s prior written consent. Such cancellations, if approved by Bertech may be subject to a minimum cancellation or a re-stocking charge of 15 percent or more at Bertech’s sole discretion.
TRANSPORTATION
All shipments, are generally F.O.B.,Torrance, California but we may ship from other warehouses at our sole discretion. However, the transfer of ownership occurs at Torrance, California upon pickup by the shipping carrier. As a result, Common Carriers require you to report any damage caused during shipment immediately to them for prompt processing of any claims and such damage must be handled between you and your shipping carrier. All orders are shipped via commercial carriers. In order to best serve our customers, we also allow you to ship on your shipping account. Bertech does not take any responsibility for any errors or mishandling of your shipping number and will not be subject to any fees associated with such shipment.
DISCREPANCIES AND RETURNS
Bertech considers all purchases to be final upon purchase. It is important that if there are any discrepancies in a shipment, whether it be quantity, price, part number, or product size variation, it must be reported NO LATER THAN 3 BUSINESS DAYS FROM RECEIPT OF THE SHIPMENT. Bertech assumes that the merchandise was received in accordance with the packing slip unless we are notified within the 3 business days. Any exchange based on such size variance shall be subject to Bertech ’s approval and inspection. Please note that there may be a variance in size in all of our products – Bertech cannot guarantee every product will be exactly to the specified size. Prior to returning any merchandise, please call our customer service department for an RMA (Return Material Authorization) number. RMAs will be provided on a case by case basis and are subject to Bertech ‘s prior written approval. Upon Bertech ’s review and in the event a defect is not determined based on Bertech ’s policy and sole discretion, an exchange may be granted. However, the Customer may incur additional fees which includes re-stocking fees, freight, etc. Under no circumstances will we accept returns after the 3rd business day of shipment. Returned product must be in original packaging, unused, undamaged, and in saleable condition. Bertech shall have no responsibility for Customer’s failure to review and analyze products upon receipt in a timely manner.
TRADEMARKS AND INTELLECTUAL PROPERTY
Bertech has invested a great deal into its brand with being in business for over 30 years. We have a registered trademark and continue to enforce our brand, logos, intellectual property, trademarks, and trade dress, Worldwide. Use of our trademarks, logos, trade dress, color scheme, or any intellectual property on the Bertech Property or identifying Bertech is expressly prohibited and must not be used without prior written consent from Bertech. Any modification of our labels, logos, brand, and our intellectual property is a violation of our intellectual property rights and will be subject to enforcement. We reserve the right to revoke any authorized use of our intellectual property at any time at our sole discretion. Our Unauthorized Dealers and Online Retailers Policy exists not only to protect our consumers from unauthentic products, but also for the protection of our intellectual property rights and our brand. Our brand is trusted by the biggest companies and organizations in the World and therefore we must ensure our intellectual property rights are honored at all times.
WARRANTY DISCLAIMER AND WAIVER FOR SERVICES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND BERTECH DISCLAIMS, AND BUSINESS CUSTOMER WAIVES, ALL OTHER WARRANTIES FOR SERVICES AND SALES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. THE WARRANTIES SET FORTH IN THIS SECTION II ARE EXPRESSLY CONDITIONED UPON THE USE OF THE SERVICES FOR THEIR INTENDED PURPOSE AND SHALL NOT APPLY TO SERVICES WHICH HAVE BEEN SUBJECT TO MODIFICATION BY BUSINESS CUSTOMER OR ANY THIRD PARTY.
LIMITATION OF LIABILITY
BERTECH AND ITS THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES IN THE PERFORMANCE OF SERVICES OR SALES. THE LIABILITY OF BERTECH OR ANY THIRD-PARTY PROVIDER PERFORMING SERVICES OR SALES IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE FOR THE PERFORMANCE OF THE PORTION OF SERVICES THAT GIVES RISE TO ANY PARTICULAR LIABILITY.
INDEMNIFICATION
You as the customer shall defend, indemnify and hold harmless Bertech, its third-party providers, and their respective officers, directors, employees, subcontractors and agents (each individually, an “Indemnified Party”) from and against any and all claims, suits, liabilities, damages, settlements, charges, taxes and any other losses or expenses (including reasonable attorneys’ fees) (collectively “Liabilities”) for physical injury to, illness or death of, any third party regardless of status and damage to or destruction of any tangible property which the third party may sustain or incur, to the extent such Liabilities relate to the services. In any action, suit or proceeding brought against an Indemnified Party by reason of any such claim as specified above, you as the customer shall resist and defend such action, suit or proceeding by counsel of your choice, at your sole expense.
LITERATURE
This Buyer’s Guide contains only a portion of the many quality products manufactured by our suppliers. If you desire a vendor catalog, data sheet or other product information, please call and we will be glad to provide it to you.
EXPORT
Subject to Bertech’s Terms and any other policies, export shipments of our products can be made anywhere in the world, except to countries prohibited by U.S. law. Please call us for further assistance or if you would like our catalog sent to your overseas facilities.
MODIFICATION OF TERMS
Bertech’s acceptance of any order is subject to your assent to the Terms and any other terms, conditions, and policies on the Bertech Property. Such Terms will supersede any and all terms provided by you or included in any of your purchase documentation, including purchase orders and your purchase of Bertech products will at all times only be governed by these Terms and Bertech’s policies. Your assent to these terms and conditions shall be presumed from your receipt of Bertech’s acknowledgment, or from your purchase or acceptance of all or any part of the products ordered. No additions or modifications of Bertech’s terms and conditions by you shall be binding upon Bertech, unless agreed to in writing by an authorized representative of Bertech. If a purchase order or other correspondence submitted by you contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Bertech’s acknowledgment, Bertech’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by you, and will not constitute a waiver by Bertech of any of the terms and conditions contained herein or in Bertech’s acknowledgment. Bertech reserves the right to accept or reject any order at its sole discretion without reason. Bertech reserves the right to limit the total quantity of items purchased per order and the number of individual orders placed by you per day.
GOVERNING LAW AND LIMITATIONS
The rights and obligations of the parties under these terms and conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these Terms shall be governed by the laws of the State of California, U.S., including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Notwithstanding the foregoing, any legal action by Customer with respect to any transaction must be commenced within six (6) months after the cause of action has arisen.
ASSIGNMENT
You may not assign any order, or any interest therein, without the prior written consent of Bertech. Any actual or attempted assignment without Bertech’s prior written consent will entitle Bertech to cancel such order at its sole discretion. The Terms herein or any rights obtained from a purchase of a Bertech product is non-transferable and is not any resale of any items is not authorized and subject to the Terms herein.
NO THIRD PARTY BENEFIT
The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
WAIVER, CHOICE OF LAW AND VENUE
The failure of Bertech to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by Bertech. All transactions shall be governed by the laws of the State of California, excluding its conflict of law rules, and to the extent allowed under these terms and conditions, both Bertech and you as the customer agree that venue shall be proper either in the state courts in Los Angeles County, California or the federal courts for the Southern District of California.
COMPLETE AGREEMENT
The terms and conditions in: (i) Bertech’s forms; (ii) acknowledgments; (iii) quotations; (iv) invoices; (v) web sites; (vi) catalogs; (vii) packing slips, (viii) Bills of Lading, and (ix) extension of credit are incorporated herein by reference, and constitute the entire and exclusive agreement between you and Bertech. For the avoidance of doubt, these Terms and any and all Bertech policies will supersede any customer purchase order terms and any and all terms provided by customers when purchasing Bertech products.
AUTHORIZATION
You represent that any person accepting these Terms on your behalf is authorized to do so and that all of your employees and representatives who access the Bertech Property or any other Bertech owned and operated website or application on your behalf or otherwise purchase products from Bertech your behalf has the legal right, and is duly authorized, to make such purchases and further authorized to enter into agreements relating to the purchase of products or services or to obtain pricing or discounts from Bertech on your behalf. You agree to indemnify and hold Bertech harmless against any breach of this representation.
