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INTRODUCTION
- We've
made our sales agreement as straight forward and user friendly
as possible. It protects us as the company, but more
importantly, it protects your rights as a customer. We've
placed it here for your reference. You'll be happy to know
that it's all here in full and there is no "fine
print" hiding within the agreement. If you have ANY
questions about this agreement, please feel free to contact
us directly and we will be happy to help. Thanks for
choosing to be a customer. We truly do appreciate your
business!
APPENDIX
A: BASIC INFORMATION - All
purchases from Restaurant Equipment World™. (A Pierce Sales
Company, Inc.) are subject to the following terms and
conditions:
Restaurant
Equipment World™, a Pierce Sales Co., Inc. company, is
referred to as PSCI throughout this document.
Buyer
hereby agree to prices, terms and conditions presented in this
document.
APPENDIX
B: SHIPPING - We
have determined that shipping on most items we sell averages
about 10% of their cost. Therefore, buyer agrees that shipping
is charged at a rate of 10% of the total cost of the items
(before tax cost of items). If however shipping exceeds
the 10% figure we will contact you and provide a proposal
containing the revised shipping cost for your approval before
processing the order. Please note: The minimum
shipping and handling charge for all orders is $9.95.
1.
WARRANTY -
Restaurant Equipment World™, a Pierce Sales Company, Inc.,
seller, agrees to deliver commercially acceptable equipment and
products in accordance with manufacturer supplied specification
sheets which customer agrees have been furnished by Seller.
Seller does not make any express or implied warranties about
products unless specifically stated on Sales agreement form.
Manufacturer's warranty only applies if specifically listed on
sales agreement form. Manufacturer's refrigeration four 4 year
extended motor compressor warranty, manufacturer's one year
labor warranty, are applicable only when specifically furnished
as part of the manufacturer's warranty or as itemized on the
face of this order. Restaurant Equipment World, Inc., a Pierce
Sales Company. Inc. company, is not responsible for any
consequential damage or spoilage due to the installation,
operation, or time or manner of service of any equipment, or
date or time of delivery. Used equipment, if any, is sold for
parts only unless a 30 day warranty of major components is
specifically stated, and if so such warranty is subject to prior
authorization of repair by Restaurant Equipment World, Inc., a
Pierce Sales Co., Inc. Company, or of providing refund of
purchase price at option of PSCI. Minor repairs on used
equipment, adjustment, cleaning, repainting, and normal service
are not included.
2.
CANCELLATION -
Order can be canceled only on terms that will compensate Seller
against loss to include loss of management time. The restocking
charge is a minimum of 20% and all merchandise returned must be
freight prepaid and only with our written authorization. All
merchandise will be subject to factory return freight and repair
charges, if required. Special order and custom fabrication items
cannot be returned. Deposits, at option of PSCI can be applied
on a pro rata basis to each individual line item. If customer
provides deposit on new or used equipment and does not meet
timely agreed on payment schedule, order can be canceled at
option of PSCI. On used equipment if customer does not make full
payment within 14 days of agreeing to purchase equipment, then
PSCI and buyer agrees not to hold PSCI responsible for any
damages. It is agreed that no verbal commitment to hold used
equipment is binding.
3.
STORAGE OF CUSTOMER'S PROPERTY - When
buyer is unable to accept delivery as agreed, diversion
warehouse and re-delivery charge will be added to invoice.
4.
FREIGHT AND DELIVERY -
Unless otherwise specified, the price quoted is F.O.B. the
manufacturer's plant and is based on continuous and
uninterrupted delivery of completed order, unless distinctly
stated otherwise. Inside delivery, if requested, is extra.
5.
DELAYS IN DELIVERY -
Seller agrees to maintain and achieve delivery schedules
mutually agreed upon, and reconfirmed at time of placing order,
and all deliveries are contingent on wars, strikes, fires,
floods, accidents and other contingencies beyond the control of
Restaurant Equipment World, Inc., a Pierce Sales Co., Inc.
company. Buyer is responsible for costs associated with delays
caused by, but not limited to, problems with access to building
or work area, other trades not finished, building not secure for
equipment storage, or space not clear of debris, etc.
6.
TERMS -
Cash or certified check on delivery unless stated otherwise in
writing. All claimed must be made in five days of receipt of
goods. Interest at 1 1/2% per month will be charged on all past
due accounts. Buyer agrees that all funds are due at Restaurant
Equipment World, Inc., a Pierce Sales Co., Inc. company, offices
in Orlando, Florida.
7.
DEFAULT -
Upon default on the terms of this agreement, the existing
outstanding balance plus late payment will immediately become
due and payable without notice or demand and Restaurant
Equipment World, Inc., a Pierce Sales Co., Inc. company, shall
have the right to enter the premises wherever the merchandise is
located and take possession thereof and remove the same. All
payments may be retained as liquidated damages and the equipment
may be sold with or without notice at public or private sale,
and the proceeds less expenses shall be credited against the
amount unpaid and the buyer agrees to pay any difference after
the sale without further demand and all legal expenses and
attorney fees incurred for the collection of any unpaid balance.
No invoice alteration or modification by purchase order or
otherwise of any provision of this agreement shall be binding
unless in writing and signed by an officer of Restaurant
Equipment World, Inc., a Pierce Sales Co., Inc. company. No
breach or modification of any term of this proposal, once
accepted as a firm agreement, shall be considered a precedent or
warrant for subsequent breach. Buyer agrees that if for any
reason it is necessary to hire an attorney, to enter in
litigation, or incur any legal expense to enforce any provision
of this agreement, buyer agrees to pay all reasonable costs.
8.
INSTALLATION/ERECTION - The
price from Seller does not include inside delivery, uncrating,
repairs which may be needed due to improper uncrating or any
building alteration, plumbing, wiring, ventilation, gas piping,
roughing in, final connections or installation of any kind or
adjustments unless specifically stated. Also Seller shall not be
responsible for any errors in measurements caused by or
furnished by customer. Buyer is responsible for canopy gauge and
size and is responsible for making sure canopy meets local codes
and that make-up air is specified, if needed.
9.
TITLE - Restaurant
Equipment World, Inc., a Pierce Sales Co., Inc. company, as
seller will retain title to the property herein described until
paid in full. The Buyer agrees not to remove equipment or any
part thereof without written consent of the Seller. Buyer at his
own expense shall carry insurance to protect the interest of the
seller. Buyer agrees to do all acts necessary to perfect and
maintain retention of title in Seller.
10.
CLAIMS -
Buyer accepts responsibility for filling any and all claims with
carrier for loss, damage, etc. Loss or damage should be noted on
the freight bill and/or receipt. Concealed damage must be
registered with carrier within 15 days of shipment. All claims
must be filed immediately. All crating and packaging material
must be saved for carrier inspection.
11.
INTERPRETATION OF CONTRACT - This
contract shall be interpreted under the laws of the Sate of
Florida and is subject to approval by an authorized officer of
Restaurant Equipment World, Inc., a Pierce Sales Co., Inc.
company. It is understood that no agreement, oral or written,
either express or implied, and no representation, either
contemporaneously with, or prior to the execution of this
instrument, have been made shall limit or qualify the terms of
this agreement.
12.
COURT OF VENUE - Buyer
agrees that the Court of Venue is to be an appropriate court in
Orange County, Florida. Buyer consents to jurisdiction being in
Orange County, Florida and agrees not to contest this consent of
jurisdiction and agrees to pay all costs associated with a
change in jurisdiction if jurisdiction is contested by buyer.
13.
TEMPERATURES & EQUIPMENT - Buyer
agrees that seller is selling equipment to perform only in
accordance with manufacturer's specification and performance
criteria and if modifications to factory equipment are requested
such as specific temperatures of health departments that any
modifications would cost extra and would possibly void any
factory warranties.
14.
ADDITIONAL INTERNET TERMS - While
we try extremely hard to insure that all prices are correct and
up to date, with over 10,000 items in our online catalog
mistakes can happen. Therefore, Restaurant Equipment World™
and Pierce Sales Co., Inc. are not responsible for typographical
or pricing errors. We reserve the right to update pricing,
add items, or discontinue carrying items at any time at our sole
discretion. All prices listed are contingent on this order
being placed via our online internet store. Showroom
prices may be slightly higher. Shipping for all items is
billed separately. Prices quoted for an order are
contingent on customer picking up the items ordered from our
showroom in Orlando, Florida. Minimum order quantities
apply on some items. Shipping and delivery charges will be
discussed between you and a member of our sales
staff. Due to our large sales volume some items may not be
in stock in our showroom. Orders placed via our web site
are not accepted by Restaurant Equipment World™ or Pierce
Sales Co., Inc. until the customer's credit card has been billed
for the amount agreed upon by both parties for the merchandise
ordered online.
15.
REMAINDER IN FULL EFFECT - If
for any reason a court of law determines any part of this
agreement to be invalid, the remainder of the agreement shall
remain in full effect without delusion.
16.
CHANGES TO THIS AGREEMENT - Changes
are to this agreement are not valid if made verbally even if
they are expressed or implied. The only changes to this
agreement which are valid are those made in writing by an
authorized officer of Pierce Sales Company, Inc.
Contract
Copyright Notice:
©1997-2004
Restaurant Equipment World™
©1997-2004 Pierce Sales Co., Inc.
All rights reserved. |
