General Terms  and Conditions

General Terms

Definitions:

Supplier is Cooper Supply & Management, LLC (CSM) a company registered in the state of New Jersey, U.S. in 2003, DBA Bermuda Supply.

Customer means the person or entity who orders, buys or agrees to buy Materials from the Supplier.

Material(s) means the goods or articles the customer orders, buys or agrees to buy from the Supplier.

Conditions means those articles and clauses set out in these Terms and Conditions.

Price or Prices are only those quoted in Bermuda Supply quotations/proforma invoices in for goods and include shipping, freight, packing, and unloading plus any other specified costs agreed including Customs duty and wharfage (i.e. Landing Tax) in Bermuda, and insurance, unless otherwise stated. Local delivery and any other local costs are typically not included but added to the Final Invoice if applicable.

The Supplier's quotation/pro-forma invoice is a document confirming commitment from the Supplier to provide specified goods to the Customer and is issued solely in order to obtain advance payment from the Customer. Actual prices and breakdown of charges shall be in accordance with a subsequent or Final Invoice as applicable.

The price of Material may be adjusted after the order to reasonably reflect any adverse cost impact to the Supplier for reasons beyond the control of the Supplier including but not limited to Customer changes or delays; legal/regulatory changes; changes in HM Customs rates of duty or wharfage; shipping company charges including fuel surcharges. 

Price-matching:  any request for price-matching must be accompanied by a current printed quotation from a local competitor for identical items or services, and all landed costs including shipping and  duty.

An order for material shall be made by payment by the Customer to the Supplier under these Conditions and shall be deemed to be the contractual offer by the Customer to purchase material pursuant to and based upon these Conditions.

Acceptance or Agreement to supply Material by the Supplier shall be subsequent to receipt of a payment by the Customer to the Supplier for the relevant Materials under these Conditions when the Supplier furnishes a documented formal invoice or otherwise indicates in writing including by email to the Customer that the order has been placed.

Manufacturer's Warranty means that which the manufacturer provides for overseas subtropical countries.

Web site is www.bermudasupply.com and mirrored domains of Cooper Supply & Management, LLC. Any other web site or domain linking or pointing to the parent web site is for purposes of propagation only and there is no intention to necessarily imply a contractual or other relationship with companies or the domains of companies owned by any third party.

Conditions applicable:

Upon Agreement to supply Material the Customer and Supplier are deemed to have accepted the Conditions as part of the contract for sale of Material.

Variation to these Conditions shall be inapplicable unless agreed to in writing by the Customer and Supplier. The Customer shall peruse the Terms and Conditions current at the time of order. The Supplier reserves the right to change future Terms and Conditions without prior notice.

Conditions applicable from Nominated Suppliers:

Where any Supplier is nominated by the Customer it shall be the Customer’s responsibility to be satisfied as to any specific  terms and conditions of the Supplier  where they differ, exceed, or supersede those of Bermuda Supply, particularly with regard to warranty, pricing, refunds, and supply timeframes. Upon any order to proceed with a nominated supplier  the Customer is deemed to have found the terms of the nominated supplier acceptable.  

Payment terms:

Payment shall be made in Bermuda or US Dollars by the Customer either by online bank transfer, payment at the bank over the counter to the local (i.e. Bermuda) bank of the Supplier, or otherwise by agreement and under the following terms: 

• ▪ minimum of the value of material and ocean freight payable upon ordering;
• ▪ Customs duty, wharfage and other charges constituting the balance owing due at the time of Final Invoice.

For non-payment within 30 days of Final Invoice the Customer will incur late fees, collection costs, and may invalidate any warranty.

Cancelations and Returns: 

All Materials provided by the Supplier  are IMPORTED on a project-specific basis making cancellation and return difficult or in some cases impossible.  The Supplier acts in good faith to specify products but it is the Customer's responsibility to ensure that the Material(s) ordered are fit for their intended purpose, meet required style and functionality, and fit the spaces required for cut-out and installation: Bermuda Supply bears no responsibility for third-party or existing kitchen design. 

However, Bermuda Supply recognizes that on occasion circumstances may require a Cancelation or Return, and we will work to accommodate Customer requests to change orders if possible under the following terms:

▪ orders from stock not yet received at the US port: can usually be canceled without charge;

▪ orders from stock received at the US port: can usually be canceled  with a 15% restocking fee;

▪ orders from stock arrived in Bermuda: cannot usually be canceled apart from the discretion of the Supplier subject to a 25% return fee;

▪ non-stock special orders: for Material not typically kept in stock or that requires any element of customization  cannot be canceled.

US Sales Tax:

US Sales Tax is not applicable to any Materials sold in Bermuda and sourced from Bermuda Supply's own lines of supply for appliances, cabinets and plumbing fixtures. Goods supplied by third-parties will often include US Sales Tax and Bermuda Supply is not responsible for any administration in reclaiming Sales Tax for such purchases on behalf of the Customer.

Delivery of the Material:

Dates provided by the Supplier for delivery of Material are provisional and may be subject to change. The Supplier cannot be held responsible for any loss or consequential loss to the Customer caused by early or late delivery for reasons beyond the control of the Supplier.

Exclusions:

Unless otherwise stated on the proforma invoice, prices EXCLUDE local delivery charges which are billed in arrears when requirements are known. Other local services such as removal of old appliances, or other products, delivery to dump, etc., must be requested in advance and are also billed for in arrears when the costs are known. Specifically excluded is installation, which can be arranged, but please provide notice when placing the order as time is required to schedule technicians.

Insurance During Transit:

The Supplier takes out insurance on behalf of the Customer against damage throughout shipment from US port to Bermuda. The insurance is held by the Freight Forwarder who will prepare and submit claim documents if required and negotiate any settlement with the insurance company on the Customer's behalf. This process may take several weeks depending on the claim documents and replacement parts or equipment required. Material(s) will be replaced only when they cannot be repaired.

Notice of any damages or shortages must submitted along with supporting photographs to the Supplier within 3 days of receipt of the Material for any credit or replacement to be given. Reimbursement to the Customer by the Supplier will be limited to the amount of any settlement of the relevant insurance claim.

Warranty

For Warranty Terms  visit this page Warranty. 

To obtain Warranty Service visit this page Service, Parts & Warranty. 

Title and Risk:

The Material shall be at the Customer's risk as from delivery. Ownership in the Material shall not pass from the Supplier until the Customer shall have paid the Price in full and no other sums whatever shall be due from the Customer to the Supplier.

Privacy:

The Supplier will not share Customers' contact details including email addresses or financial information with any third party.