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Terms and Conditions

Terms and Conditions

Welcome to www.restaurantmall.com.

If you visit or shop at www.restaurantmall.com, you accept these terms and conditions. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Orders . Payments . Pricing and Tax . Shipments . Returns . Warranties . Copyright, Trademarks, and Disclaimers

Orders

Order Validation
Information you provide us when placing your order, such as billing/shipping address and phone number will be used to verify your payment. Incorrect information will result in a delay in processing and may impact the final shipping date of your order. We will attempt to contact you using the email address and/or phone number you provided with the order to request additional information that we may require to verify your payment. www.restaurantmall.com will not be responsible for any damages and/or expenses resulting from this delay.

Orders with information cannot be verified may be cancelled; however, we reserve the right to cancel any order without giving any reason. If we cancel your order, we will attempt to notify you via the email address you have given us with the order. Your credit card will normally not be charged if we cancel an order, but we will process a refund if the charge has been made against your card.

Order Acceptance
Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you via the e-mail address you provided when you placed the order.
Order Changes/Cancellations
To cancel or request a change on an order, please contact us during business hours 9am-5pm Monday through Friday Pacific time. Restaurant Mall will change or cancel your order and credit your account if any changes have been made before shipments. Special order items cannot be canceled, refused, or returned. For regular stocked items (except for freight damage refused at time of delivery), if an order is canceled or refused after it has been shipped, you will be responsible for the full cost of roundtrip shipping and handling charges, plus any applicable restocking fees (minimum of 30%.).

Backorder Policy
Though we strive to ensure adequate stock levels, but on occasion, some items may be temporarily out of stock due to manufacturers' delays and/or unexpected demand. Any order placed for unavailable merchandise will be noted on the packing list included with your order. In this event, your credit card will not be billed for the backordered items until time of shipment (not applied to special orders). All backorders are shipped standard ground service without any additional shipping charges.

Special Order Policy
All special order items must be paid in full prior to ordering. Special order items cannot be canceled, returned or exchanged. You will be notified when your special order arrives.

Payments

Payment Options
Credit Cards: We accept Visa, MasterCard, Discover, American Express, and PayPal. Generally, credit and debit cards are not charged until your order is shipped. However, all credit card payments are pre-authorized in the amount of the order with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information. For special order items, your credit card will be charged when your order is sent to the manufacturer for processing.

Pay by Check or Wire Transfer: To pay by check or wire transfer, please contact Customer Service to place your order. Orders paid by check or bank wire transfer will not be shipped until funds have been cleared by your financial institution. The product will not be held or reserved for you during this waiting period. RestaurantMall.com will not be responsible for any direct, indirect, incidental, special or consequential damages and/or expenses resulting from delays.

Pay by Purchase Order: RestaurantMall does not offer credit terms. However, there are some exceptions, such as for government and large institutions. If you meet these requirements and would like to pay by purchase order, please contact Customer Service.
Note: Debtor is liable/responsible to RestaurantMall for any attorney fees and/or costs incurred to collect bad debts.

Pay by COD: RestaurantMall does not accept COD orders.

Pricing and Tax

Pricing
All prices are in US dollars. www.restaurantmall.com will always place your order with the best available pricing. Please contact www.restaurantmall.com if you find a better price elsewhere. www.restaurantmall.com is not responsible for typographical errors. Prices are subject to change without notice.

Tax
Sales tax is charged on orders delivered within the state of California. In other states, some manufacturers may charge sales tax for drop shipment orders. If that is the case, www.restaurantmall.com will collect the sales tax from the customer prior to shipment.

Shipments

Shipping Policies

All shipments will be delivered curbside only. Delivery does not include inside delivery, unpacking, installing, and removing packaging material. Lift gate service can be arranged in advance for an additional fee. Please contact Customer Service for date sensitive orders, or if you have a special shipping consideration such as difficulty of access. If our shipping carrier determines that your address is inaccessible for delivery, please contact www.restaurantmall.com immediately.

If you request delivery services directly from the carrier, you may be responsible for additional fees.

An extra charge will be added for overnight or 2nd day delivery. Large, heavy or equipment items are not eligible for overnight or 2nd day shipment. Express orders received after 12 pm Pacific Standard Time will be processed the following business day.

All shipments to Alaska and Hawaii require a shipping quote and customer approval before processing. We are unable to deliver outside of the United States or to Post Office Boxes.www.restaurantmall.com normally ships via United Parcel Service and a variety of common carriers. We reserve the right to select the shipping method for all orders.


Lift gate

Freight delivered via common carrier may require lift gate service if your facility does not have a loading dock. If you opt for lift gate service, an additional fee will be added to your order. Please note that lift gate service unloads your shipment to the curb; it is not an inside delivery.

Redelivery or Reconsignment
If the freight carrier attempts delivery and is unable to deliver for reasons that are within your control, redelivery fees may apply. Once a shipment is in transit, additional fees may apply if there is a change in the delivery address.

Delivery Guidelines
We go to great lengths to ensure that items are packaged properly and inspected before shipment. Even so, damage and loss may occur in transit. At the time your shipment is received, it is your responsibility to follow these guidelines:

Before you sign the delivery receipt (or bill of lading), and before the driver departs:

  • Verify the number of cartons.
  • Open, unpack and thoroughly inspect your shipment for any damage.
  • If damages or shortages are discovered, you must make a notation on all copies of the freight bill describing the damage or shortage in detail.
  • It is your right to refuse any shipment that shows signs of damage or shortage at the time of delivery. Please see the "Canceled/Refused Orders" section of this policy.
  • Your signature on the delivery receipt is your acknowledgment that the shipment was received in good condition and without damage or shortage.
  • Inspect the Shipment before signing Bill Of Lading (BOL) / Receiving Document
  • Please Refuse to accept the delivery if the driver is not ready for inspection
  • In case of Minor Damage, Mention it on BOL
  • In case of Major Damage, Refuse the delivery
  • Delivery without damage comments on BOL will not be Responsible for any kind of CLAIMS / REFUNDS / CHARGEBACKS

If concealed damage is discovered, save all shipping cartons and packing materials, immediately request an inspection by the carrier, and file a freight claim.

If packing materials are not saved, your opportunity to recover damages will be restricted. Failure to follow any of the above mentioned guidelines will also restrict your ability to return merchandise or file a claim for damages.

The freight carrier is responsible for loss or damage.

All shortages or damaged deliveries must be reported to www.restaurantmall.com within 24 hours of receipt of shipment. RestaurantMall.com cannot be held responsible for damaged or lost merchandise that is signed for as free and clear of damage and loss.

Returns

We hope you will be completely satisfied with your purchase. However, if you are not, please contact us by email. You may return your purchase within 15 days of the shipment date.

No returns will be accepted for special order items. Before returning any item, you must contact Customer Service for return authorization and instructions. Returns are subject to restocking fees (minimum of 30%) and you will be responsible for roundtrip shipping and handling charges.

All returns must be properly packed and shipping costs prepaid. Returned items and equipment must be in new, unused condition and must be in original packaging. All returns will be inspected for damage or usage prior to issuance of a credit or refund. RestaurantMall.com will refuse all COD deliveries. Also, shipments that do not clearly state the RMA identification number will be refused.

Warranties

Product Warranties

All products sold by www.restaurantmall.com come with the standard manufacturer's warranty.

RestaurantMall.com and its manufacturers do not provide any warranty service pertaining to adjustments that may be needed for proper operation of gas or electric equipment. These adjustments should be made by your installer at the time of installation

If your equipment is not working properly, please contact the manufacturer. You will find their contact information in the warranty information packet. Or, contact customer service for help finding an authorized service center.

Please read your warranty carefully. If you are experiencing problems, they may be caused by improper installation, misuse, or neglect. This may not be covered by the manufacturer's warranty and you may be charged for the service call and replacement parts.

Please be advised that credit can not be applied to your account if you do not return the item to the manufacturer or other arrangements have been made by the manufacturer to check out the equipment. Any returned item must also have an authorized RA number provided by RestaurantMall.com. In addition, return credit or replacement is subject to the discretion of the manufacturer. If the item is not found to be faulty or is returned in poor condition indicating misuse, the return or warranty repair may be rejected.

Commercial equipment for home use voids all warranties. Commercial refrigeration, electric or gas equipment could void your homeowners' insurance. It is the sole responsibility of the homeowner to verify insurance.

Copyright, Trademarks, and Disclaimers

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.restaurantmall.com. The collective work includes works that are licensed to www.restaurantmall.com. Copyright 2003, www.restaurantmall.com 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 www.restaurantmall.com or purchasing www.restaurantmall.com 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 www.restaurantmall.com or to purchase www.restaurantmall.com 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 www.restaurantmall.com. 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 www.restaurantmall.com used in the site are trademarks or registered trademarks of www.restaurantmall.com

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.restaurantmall.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.restaurantmall.com 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 this site or the server that makes the site available are free of viruses or other harmful components. www.restaurantmall.com 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.

Limitation of Liability
www.restaurantmall.com 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 of the products, even if www.restaurantmall.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a www.restaurantmall.com product is mistakenly listed at an incorrect price, www.restaurantmall.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.restaurantmall.com 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, www.restaurantmall.com shall issue a credit to your credit card account in the amount of the incorrect price.

Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.restaurantmall.com 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
www.restaurantmall.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.restaurantmall.com.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, 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. You agree 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 www.restaurantmall.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.restaurantmall.com products) must be commenced within one (1) year after the claim or cause of action arises. www.restaurantmall.com'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. www.restaurantmall.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

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 www.restaurantmall.com 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.


Participation Disclaimer
www.restaurantmall.com 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, www.restaurantmall.com 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, www.restaurantmall.com 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 www.restaurantmall.com in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless www.restaurantmall.com, 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 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.

Third-Party Links

In an attempt to provide increased value to our visitors, www.restaurantmall.com may link to sites operated by third parties. However, even if the third party is affiliated with www.restaurantmall.com, www.restaurantmall.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.restaurantmall.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.restaurantmall.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).