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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
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 Restaurant Equipment Paradise. The collective work includes works that are licensed to Restaurant Equipment Paradise. Copyright 2003, Restaurant Equipment Paradise 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 Restaurant Equipment Paradise or purchasing Restaurant Equipment Paradise 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 Restaurant Equipment Paradise or to purchase Restaurant Equipment Paradise 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 Restaurant Equipment Paradise. 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 Restaurant Equipment Paradise used in the site are trademarks or registered trademarks of Restaurant Equipment Paradise
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, Restaurant Equipment Paradise disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Restaurant Equipment Paradise 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. Restaurant Equipment Paradise 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 Restaurant Equipment Paradise 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 Restaurant Equipment Paradise 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 Restaurant Equipment Paradise product is mistakenly listed at an incorrect price, Restaurant Equipment Paradise reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Restaurant Equipment Paradise 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 cancelled, Restaurant Equipment Paradise shall issue a credit to your credit card account in the amount of the incorrect price.
Term; 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 Restaurant Equipment Paradise 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 Restaurant Equipment Paradise 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 Restaurant Equipment Paradise.
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 Restaurant Equipment Paradise 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 Restaurant Equipment Paradise products) must be commenced within one (1) year after the claim or cause of action arises. Restaurant Equipment Paradise'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. Restaurant Equipment Paradise 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 Restaurant Equipment Paradise 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 Restaurant Equipment Paradise 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, Restaurant Equipment Paradise 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, Restaurant Equipment Paradise 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 Restaurant Equipment Paradise in its sole discretion.
Indemnification You agree to indemnify, defend, and hold harmless Restaurant Equipment Paradise, 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, Restaurant Equipment Paradise may link to sites operated by third parties. However, even if the third party is affiliated with Restaurant Equipment Paradise, Restaurant Equipment Paradise has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Restaurant Equipment Paradise. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Restaurant Equipment Paradise 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).
SHIPPING OPTIONS, TAXES AND FEES
Shipping is available only within the contiguous United States (excludes Alaska and Hawaii) and to Canada.
For shipments to Canada that are coordinated by Restaurant Equipment Paradise, all applicable fees (e.g., Canada customs duties, Canada taxes and customs brokerage fees) must be determined in advance and added to the order or the shipment cannot be made. For shipments to Canada that are self-brokered, the buyer must make ALL shipping arrangements and inform Peach Trader of the details.
Standard packing charges (e.g., for wrapping, strapping to pallet) are disclosed in the listing. Additional protective packing (e.g., crating or box construction) is usually available. The buyer must request this service in advance and cover the additional packing charges.
Handling fees for customer pickups (of used items at the Peach Trader warehouse) are disclosed in the listing.
Only curbside delivery is offered. The seller does not offer or arrange for inside delivery.
Liftgate services are available for an additional fee. This service must be specified during checkout.
Residential delivery is available for an additional fee. This service must be specified during checkout.
Insurance on shipments is not a standard service. The buyer may call to discuss options and fees.
Signature services are not standard. The buyer may call to discuss options and fees. There is no expectation of a signed proof of delivery otherwise.
Sales tax of 8% is charged on all items received in CT or picked up from our warehouse. Sales taxes and fees for other states, as charged by our suppliers, are added to the invoice during checkout.
Any minimum order fees charged by suppliers will be added to the invoice during checkout.
Free shipping promotions are granted with the agreement that the merchandise will be kept. Any amount disclosed as Shipping Promotion will be considered as part of original shipping costs during a refund calculation.
All requests for non-standard services must be made in writing to Peach Trader.