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1. PAYMENT TERMS: Unless otherwise st stated in the body of this quote, a full payment of the quoted price (“Contract price”) of the equipment less applicable state and local taxes is due upon signing this “Terms and Conditions of Sale” (the “Contract”). Equipment will not be ordered prior to signing of agreement and receipt of full payment. Balance of the Contract Price, including freight, applicable state and local sales tax, is due prior to delivery of the Equipment. Should Cerestaurants be unable to deliver or install the Equipment due to the Purchaser’s premises not being ready for a period of (30) days after Equipment is ready for delivery, the purchaser agrees to pay the balance of the Contract price, including freight charges, whether the Equipment was delivered or not. Credit Card payments may be accepted for payment and a 2.3% merchant processing fee(AMEX 3%) will be added to the total purchase price . Purchaser agrees to pay storage fees and re‐delivery charges if the equipment cannot be delivered on the scheduled trip. Cerestaurants shall retain title to the equipment until paid in full, and Purchaser also grants Cerestaurants a security interest in the Equipment.
2. DELAYS: Delay in equipment delivery due to, but not limited to, factory error, shipping error (on part of factory or carrier), strikes and acts of God shall not be the responsibility of Cerestaurants .
3. DAMAGE FREIGHT LIABILITY: Cerestaurants shall have no liability for damaged Equipment drop shipped from the manufacturer to Purchaser. If any Equipment arrives in damaged condition, Purchaser should not accept in unless the transportation carrier acknowledges the damage on the freight bill. In the event of concealed damage, the Purchaser shall immediately call the delivering carrier for a concealed damage inspection and save the cartoning. Purchaser shall notify Cerestaurants the same day of any damage. Under no conditions are deductions to be made from Cerestaurants’ invoice for any damage, loss, breakage or shortage. Reporting damage is the responsibility of the Purchaser (customer), not Cerestaurants.
4. CANCELLATION AND RESTOCKING: Should Purchaser elect to cancel the order after the signing of the Contract and payment of the initial down payment, the Purchaser agrees to a cancellation charge of up to (15%) of the net value of the subject order to cover Cerestaurants invested cost of specifying, engineering, drawing and order processing. Should Purchaser elect to change his order after Crestaurants placement of its order to specified manufacture(s), then Purchaser agrees to pay Cerestaurants the proportionate amount of fabrication completed at that time , up to ( 100 %) of the net value of Purchaser’s order, plus any freight charges that may occur due to the Purchaser’s cancellation. All other equipment and supplies will be subjective to a 50% restocking charge plus return freight charges. No returns accepted after 30 days of invoice date.
5. NEW EQUIPMENT‐ EXCLUSION OF WARRANTIES: All equipment is sold with the manufacturer’s warranty only. there are no warranties of either merchantability or fitness for a particular purpose use. In any event, Crestaurants shall not be responsible for any damages, including but not limited to special, consequential , direct or indirect. The manufacturer or its authorized Representative is solely responsible for warranty work.
6. RECONDITIONED USED EQUIPMENT‐WARRANTIES: Unless otherwise provided on the sales invoice or a manufacturer’s warranty has been transferred to Purchaser, all reconditioned used equipment is sold with a 90 days parts warranty.
8. FINANCE CHARGES: Unpaid past due balance will be charged 1 1/2% per month. (IF APPLY)
9. LEGAL FEES: The Purchaser is responsible for attorney’s fees, and other fees or costs associated with litigation or other efforts incurred to collect any amount due under this Contract.
10. MODIFICATION OF AGREEMENT: No provision of this Contract can be modified in whole or part except by a written agreement executed by the Purchaser and a duly authorized officer of Crestaurants. Standard Prepayment with order is 50% for purchases.