TERMS AND CONDITIONS OF USE
USE OF THIS SITE
This Site, its entire contents, all web pages found within this Site, and the materials and information on this Site is provided by Seller and may be used for informational and transactional purposes only. Access to this Site is limited to viewing the information solely for legitimate business purposes.
COPYRIGHT, TRADEMARKS AND OTHER MATERIALS
The information and other materials contained on this Site (including, without limitation, text, images, photographs, graphics, logos, audio and video clips, trademarks, and service marks) are owned or licensed by Seller or other parties, and are protected by copyright, trademark and other applicable laws. As such, the materials contained on or made available through this Site may not be reproduced, copied, edited, published, transmitted or uploaded in any way. All rights to the intellectual property contained on this Site including copyright, trademarks, trade secrets, and patent rights are expressly reserved. Access to this Site does not constitute a right to copy, modify, publicly display, sell, or resell any of the intellectual property of Seller or others contained in this Site.
DISCLAIMER; LIMITATION OF LIABILITY
All information on this Site is subject to change without notice. While efforts have been made to make this Site helpful and accurate, due to the open nature of this Site, and the potential for errors in the storage and transmission of digital information, Seller does not warrant the accuracy of information obtained from this Site. ALL MATERIALS POSTED ON THIS SITE IS “AS IS” AND WITHOUT WARRANTIES EXPRESS OR IMPLIED. SELLER DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER DOES NOT REPRESENT OR WARRANT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST BUSINESS, PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR DATA, EVEN IF SELLER IS EXPRESSLY ADVISED OR OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, TORT OR OTHERWISE.
This Site may be linked to other sites, which are not maintained by Seller and are not responsible for the content of those sites. These links are provided for convenience purposes and are not under the control of Seller and do not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The inclusion of any link to such site does not imply an endorsement, sponsorship, or recommendation, with respect to any third party’s site, or any products or services provided by a third party. Seller disclaims liability for links (I) from another sites and (ii) to another sites. Once linked to another site, you are subject to the policies of the new site. In order to link to Seller, all users must comply with Linking Terms.
By linking to the Seller Site, all “Linkers” accept and acknowledge the following terms of linking:
Linker agrees that: (a) it will not at any time do or cause to be done any act or thing in any way impairing the image or reputation of Seller; and (b) it will only link to the home page of this Site in connection with the use of the Sellers’ trademarks or reference, Linker shall not in any manner represent that it is endorsed by or that Linker is acting in a representative capacity for Seller. Without limiting the foregoing, you are expressly prohibited from framing any of the materials contained on this Site. Except for the uses set forth herein, Linker shall not utilize the Sellers’ name or its relationship for any purposes of or in any manner, which intentionally or unintentionally gives rise to advertising or publicity, without Sellers’ written consent prior to publication. Seller reserves the right to rescind this consent with or without cause at any time. In such event, Linker shall remove its link to the Site within 24 hours of receipt of notice.
LINKER EXPRESSLY AGREES THAT THE USE OF SELLER’S MATERIALS AND SITES ARE AT LINKER’S SOLE RISK AND DOES NOT WARRANT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SELLER PROVIDES THIS ACCESS “AS IS” WITHOUT WARRANTY OF ANY KIND. SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULTS FROM USE OF ANY OF THE MATERIALS PROVIDED HEREUNDER OR ACCESS TO ANY OF THE SERVICES DESCRIBED HEREIN.
GOVERNING LAW; LIMITATIONS:
These terms and Conditions shall be construed, interpreted and performed exclusively according to the laws of the State of Florida. Any legal action with respect to or related to any transaction must be commenced within one year after the cause of action has arisen. Any legal action shall only be filed in the state and federal courts of State of Florida and that venue shall exclusively lie in Miami‑Dade County, Florida.
ERRORS ON OUR WEBSITE:
TERMS OF PURCHASE
SELLER MAKES NO WARRANTIES OR REPRESENTATIONS EXPRESSED OR IMPLIED OF ANY KIND WITH RESPECT TO ANY GOODS SOLD BY IT, WHETHER AS TO WORKMANSHIP, PERFORMANCE, QUALITY, DURABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY. THE ONLY WARRANTIES APPLYING TO THE GOODS SOLD HEREUNDER ARE THOSE (IF ANY) SPECIFICALLY PROVIDED IN WRITING BY THE MANUFACTURER.
LIMITATION OF LIABILITY:
ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. SELLERS’ LIABILITY IN ALL EVENTS IS LIMITED TO AND SHALL NOT EXCEED THE PURCHASE PRICE PAID.
Seller will make a prompt good faith effort to correct or provide an adjustment with respect to any product that proves to be defective within the manufacturer’s warranty period. Before returning any product, you must contact Seller for information and a return goods authorization number.
Availability is subject to change at any time. Seller makes no representations or warranties regarding the accuracy or availability of inventory.
Before purchase and use of a product, you must review your local codes, regulations and state laws to be sure that the product or product use is in compliance. SELLER DOES NOT WARRANT ANY PRODUCT IS FIT FOR A PURPOSE NOR GUARANTEE COMPLIANCE AND SHALL NOT BE RESPONSIBLE FOR HOW THE PRODUCT IS USED.
If purchaser represents a company or commercial business, Seller makes no warranties to those defined as consumers in the Magnuson‑Moss Warranty‑Federal Trade Commission Improvement Act.
MANUFACTURERS’ WARRANTIES AND SALES LITERATURE:
Copies of any applicable manufacturers' warranties are available from the manufacturer. For all Warranty work, your first course of action is to contact the manufacturer. As a service, Seller may obtain copies of warranties and guarantees from the manufacturer and will furnish them to purchasers who request them. Address these requests to Seller at CS@chefs-warehouse.com.
Requests must include original order number and manufacturer model number for which a copy of a warranty is requested. Seller assumes no responsibility for the content or accuracy of such warranties or sales literature by performing this service.
Seller shall not be held liable for any delay in or impairment of performance resulting in whole or in part from acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of Seller in the conduct of its business.
On all open account sales, Purchaser hereby grants to Seller a priority lien and/or purchase money security interest in the products and any accounts receivable or cash from resale thereof until full payment is made to Seller. Purchaser shall file any financing statements or other appropriate documentation to assure the validity, priority, and enforceability of the lien. Purchaser does hereby grant Seller an irrevocable Power of Attorney to such file financing statements and all such documents necessary for it to secure its lien.
Purchaser shall not assign any order or any interest therein without the written consent of Seller. Any attempted assignment without Sellers’ prior written consent shall be void.
MODIFICATION OF TERMS:
Sellers’ acceptance of any order is subject to Purchasers’ assent to all of the terms and conditions set forth in these Terms of Purchase. Purchasers’ assent of these terms is presumed from Purchasers’ receipt of an acknowledgment of an order or from Purchasers’ acceptance of any or all of the products ordered. All other terms and conditions are expressly rejected, and no other additions or modifications are valid unless agreed to by Seller and evidenced by a written agreement.
Seller and Purchaser are independent contractors. Purchaser is not authorized to, and shall not make any representations on behalf of Seller, or binding upon Seller.
Sellers’ ability to keep information current and accurate is limited by manufacturers and other industry sources maintaining their information. THEREFORE SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE ACCURACY OF THE DATA CONTAINED IN ANY SELLER MATERIAL OR THE SELLERS SITE.
CONDITIONS OF SALE:
Prices herein are subject to change without notice. All items will be invoiced at current prices in effect on the date shipped unless other terms have been agreed and documented in a quotation. Failure to accept these charges or respond to our attempts to contact you within 48 hours within the normal business hours of Mon- Fri: 8:00 am to 5 pm EST, may result in order cancellation; however, we reserve the right to cancel any order you place with us without giving any reason.
CANCELLING AN ORDER:
If the order has not shipped, we will attempt to stop the order and cancel or refund any charges we have posted for the order. However, you will remain responsible for any shipping costs on any order shipped prior to cancellation.
If you're not satisfied with an online purchase, Seller will refund or exchange the product within 30 days of the ship date, less shipping charges subject to the following:
1. For all exchanges or returns, you must provide the original invoice or a record of the purchase in our system.
2. The product must be in its original condition and box containing its UPC bar code, packaging, and all accessories and must be received in saleable condition.
3. A Return Authorization (RA) number must be obtained from Customer Service via phone or email.
4. No used, custom manufactured nor products made to order may be returned, nor do we accept returns on parts.
Any stocked Product purchased online (excludes special orders) maybe returned to us if it meets our return policy and accompanied with the invoice, credit card used to make the online purchase, and a form of personal picture identification. The decision to accept, offer repair, assess a restocking fee, or refund a return store credit is at the sole discretion of the manager.
Upon our acceptance of a returned product, the purchase price will be refunded (less restocking fees if applicable) based upon original payment. Credit card refunds will be issued to the original card charged for the purchase. Individual credit Card bank policies will determine when your accounted is credited.
FEES AND ADDITIONAL CHARGES:
Non‑defective products returned for exchange or refund are subject to a restocking fee to be determined if returned opened or in a non‑factory sealed box. Products returned in new and unopened condition will receive a full refund, less shipping charges.
Charges for Products returned with any missing or broken items such as manuals and/or accessories may be assessed.
Product we verify as defective, we will reimburse you for your original shipping expense on the Product that you return for a refund. Products we determined not defective or having been used in a manner against the manufacturer's recommendations or outside of normal use, no credit will be issued, and the item may be returned to you at your cost.
PAYMENT AND SHIPPING
For Purchasers’ with open credit terms a payment due date will be indicated on your invoice. The due date is calculated from the date of shipment. We currently accept payments made with Visa®, MasterCard®, American Express® and Discover®), business or personal check, or bank wire transfer. Credit and debit cards are charged when the order is placed. Payment by check or wire transfer cannot be made online. Contact us for Orders in which payment is made by check, bank wire transfer. Such orders will not be shipped until funds have cleared your financial institution nor will orders be held or reserved for you during this waiting period. Seller will not be responsible for any direct, indirect, incidental, special or consequential damages and expenses resulting from delays caused by this waiting period.
SHIPPING CHARGES/SALES TAX:
Separate charges for shipping will be shown on the invoice. In some instances, additional shipping charges may require an additional and isolated invoice. Unless Purchaser provides us with a valid and correct tax exemption certificate for the product ship‑to location prior to our acceptance of the order, we are required to charge state and local tax as applicable. We will add sales tax to orders placed from within the following states: AL, AZ, AR, CA, CO, CT, DC, FL, GA, IL, IN, KS, KY, LA, MD, MA, MI, MS, NV ,NJ, NY, NC, OH, PA, PR, RI, SC, TN, TX, UT, VT, VA, WA, WY. If your state is not listed, customer is responsible for sales/use tax under their state law.
We do not guarantee the delivery date of any order. All orders placed through this site are subject to product availability.
Orders can only be shipped to a street address not PO Box. International orders require a prior freight approval quotation before shipment and validation including but not limited to verification of billing/shipping addresses, phone number and email address. International orders will be shipped to the customer’s forwarder in the continental United States. To ensure your order is processed and properly shipped we require the most current and accurate information.
Each order is limited to one "ship to" address. If you require multiple "ship to" addresses, please order separately for each address.
Most orders ship from Tampa, Florida, from where shipping charges are automatically calculated. Product shipped from the manufacturer will be calculated using it as a point of origin.
SHIPPING METHODS AND CHARGES:
FedEx or UPS package standard delivery is the primary shipping method for items weighing less than 150 pounds. Two‑day air and an overnight expedited shipments require additional fees. Shipping charges are automatically calculated online. Oversized and heavy items requiring special handling may be shipped via common carrier (truck freight). It is your responsibility to provide proper equipment and personnel to load and unload products delivered via common carrier. Drivers are not required to provide loading and unloading assistance. Commercial addresses with loading docks will have the delivery made at the dock. Common carrier shipments require a signature at the time of delivery.
IMPORTANT: If you require methods or services not specified above, including but not limited to inside delivery, lift gate delivery, set‑up and assembly, upstairs/high‑rise delivery, delivery notification, residential delivery, or date specific delivery, you must contact us for a price quote. The charges for these additional services will be in addition to any shipping charges.
You must examine all goods upon arrival. Please note that trucking regulations have changed regarding concealed damage. In order for claims to be valid, customers must notify the freight carrier within five (5) days of receipt. We strongly advise that you open boxes and crates upon delivery if there is any sign of external damage to packaging. Do not sign freight bill until you have examined the goods. If there is an issue with damage, please call Customer Service @ 813-985-8870 for direction on how to proceed.
We do not ship orders C.O.D. Where the shipper holds orders at the terminal, we will attempt to contact you to track your order for pick up. Orders maybe held for reasons including but not limited to inaccessible destination address, incorrect/insufficient contact/address information, etc. You are responsible for all storage, re‑delivery and other charges from holding the order at the terminal.
SPLIT SHIPMENTS AND BACK ORDERS:
We attempt to ship all stock orders complete in the fewest number of shipping cartons. We may split the order and ship from multiple locations and shipping centers. We may drop ship orders from the manufacturers.
Most in‑stock items are shipped within one two business days with once approved payment is received. "Special order" and “Non‑Stock” items will be shipped based upon vendor availability. We do not guarantee the timely delivery of any item. Please allow sufficient time for delivery.
ORDERS DAMAGED IN TRANSIT
To insure your order is complete and undamaged immediately upon receipt.
1. Inspect the entire shipment for visible damage prior to accepting the shipment. Note any damage on the delivery ticket/bill of lading before the delivery person leaves. For packages left at your doorstep, inspect the exterior of the carton(s) and note any large dents or tears on your packing slip (invoice).
2. Verify the number of packages delivered with the packing slip provided.
3. Unpack your order and inspect for hidden or concealed damage, even if you don’t plan on using the item right away. Do NOT accept orders with viable damage to packaging without opening and inspecting.
4. Should any damage be discovered, keep the shipping carton and any inner packaging.
5. Demand inspection from the carrier as well as a written request.
6. Hidden or concealed damage must be reported and an inspection requested within five (5) days of delivery to the trucking company.
7. Contact us at Customer Service @ 813‑985‑8870 to inform us of the situation with your order number, shipping information and tracking number.
We are not responsible for items you accepted and signed for at the time of delivery.
All shipping and insurance charges are the customers’ responsibility and non‑refundable after the services have been performed, including but not limited to original orders, returned item(s), and any exchanged item(s) except where Seller committed a shipping or order error.
In cases where a product is claimed to be defective or has been shipped in error, we will arrange for return shipping. Contact customer service for assistance. Shipping charges will be deducted from any credit on any item that we have paid for return shipping due to a defective product claim which upon receipt we determined to be non‑defective and in proper working order.
All returns must be received undamaged and in fully saleable condition.
After you have complied with the order check‑in procedure, we will arrange for return shipping to our distribution center for an item that was sent to you in error, received defective, or damaged in shipping
Special Orders are items not stocked in our warehouses and so designated on our website and are subject to a restocking fee.
· There is no restocking fee on special orders cancelled before processing.
· There is a 20% manufacturer restocking fee on special orders cancelled after processing but before shipment.
· "Special Orders" cancelled after shipment are subject to a 20% restocking fee plus the cost of shipping. Restocking fees vary by manufacturer and will be identified prior to the initiation of the return.
· Custom‑manufactured special order items are not returnable.
OSHA AND HAZMAT:
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances are available from Seller at CS@chefs-warhouse.com. The information and recommendations contained on the MSDS supplied by the manufacturer are considered to be accurate and reliable. Seller, however, makes no warranty with respect to the accuracy or reliability of the information and the suitability of the recommendations. Seller disclaims any and all liability to any user thereof.
Your privacy is a primary concern for us to ensure you the highest level of confidentiality and security. There are several places in the Site where we may ask for specific information. We may ask for your name, e‑mail address, phone number, address, customer or order number. On occasion we may ask certain marketing questions through a survey. Such surveys are strictly optional and solely for the purpose of improving service to you. Periodically, certain information may be shared with third parties; however, you may prevent the exchange of any information by sending an e‑mail to email@example.com from any e‑mail address that has been used to access the Site. This Site also uses “cookies” which are used to help personalize pages for specific users as well as identify the URL used to enter the Site.
INFORMATION COLLECTION AND USE:
We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. We collect information from our users at several different points on our website.
Seller allow customers that use this website to create an account registration that requires the completion of our registration form. During registration a user is required to give their contact information (such as but not limited to: name, email address, bill‑to and ship‑to address). This information is used to add a personalized experience to this website and to offer our customers ease of use during the order process.
SUPPLEMENTATION OF INFORMATION:
From time to time it is necessary for us to supplement the information we receive with information from 3rd party sources for us to make informed decisions concerning credit worthiness. Once we determine a user's credit worthiness, this information is destroyed.
CORRECTING/UPDATING PERSONAL INFORMATION:
If a user's personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data you provide us. Any request to delete an account must be done in writing. Please include contact information so we can complete the deletion of the account.
NOTIFICATION OF CHANGES
Shipping Charges, Terms & Conditions
(Continental U.S. Only. For Alaska, Hawaii, Puerto Rico, USVI, or International shipping, please contact customer service @ 813-985-8870)
Actual shipping charges on all products are calculated by the final weight of your order, ship-to zip code, and cube of the shipment.
We have negotiated shipping costs and have national contracts with the major freight lines. We pass those savings on to you. Our freight team will select the best available carrier unless you specify.
ITEMS TOO LARGE TO SHIP VIA UPS REQUIRE A SEPARATE FREIGHT QUOTE BASED ON DISTANCE, WEIGHT, TOTAL CUBE & ANY SPECIAL SHIPPING CONDITIONS OF THE SHIPMENT. PLEASE CONTACT US FOR AN ACCURATE QUOTE, OR WE WILL CALL YOU BEFORE YOUR ORDER IS PROCESSED.
SHIPPING CHARGES FOR ALL SMALLWARE ITEMS ARE CALCULATED AS FOLLOWS:
It is essential that you examine all goods upon arrival. Please note that trucking regulations have changed regarding concealed damage. In order for claims to be valid, customers must notify the freight carrier within five (5) days of receipt. We strongly advise that you open boxes and crates upon delivery if there is any sign of external damage to packaging. Do not sign freight bill until you have examined the goods. If there is an issue with damage, please call Customer Service @ 813-985-8870 for direction on how to proceed.