Terms and Conditions

You, the Buyer, understand and agree that the following Terms and Conditions govern the relationship between the Buyer and 5 Star Restaurant Equipment, LLC, the use of its website, and any purchases Buyer makes from 5 Star Restaurant Equipment, LLC.  Acceptance of these terms is a requirement for any sale by 5 Star Restaurant Equipment, LLC.  By making use of 5 Star Equipment, LLC’s website and/or by entering into any transaction with 5 Star Restaurant Equipment, LLC, Buyer represents and warrants that he/she has read and understood these Terms and Conditions and agrees to be bound by them.

General

This website is owned and operated by 5 Star Restaurant Equipment LLC, a Florida corporation.  To purchase from 5 Star Restaurant Equipment LLC, the buyer must agree to and accept all terms and condition enumerated here.

5 Star Restaurant Equipment LLC strives to create a positive experience for all our customers and welcomes your suggestions. We value our reputation and hope you will give us the opportunity to proactively address any concerns you may have.

Please do not hesitate to contact us by phone 941-483-3492, fax (941-483-4472), or email us with any questions.

5 Star Restaurant Equipment LLC has the discretion to update these Terms and Conditions at any time. We will revise the iteration date at the bottom of this page to reflect the most recent update. We encourage Users to frequently check this page for any changes to stay informed. The buyer acknowledges and agrees that it is Buyer’s responsibility to review these Terms and Conditions before purchase and to periodically check and be aware of modifications

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by 5 Star Restaurant Equipment LLC.  5 Star Restaurant Equipment LLC has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Buyer’s Responsibility

Buyer is responsible for obtaining all information necessary to make an educated decision regarding the purchase. The buyer accepts responsibility for checking applicable state and local codes and for ensuring items meets those codes before purchasing.

Buyer will not hold 5 Star Restaurant Equipment LLC responsible for anything not stated in the listing or included in the picture, including, but not limited to, assumptions made by the buyer or any verbal statements.

Please be sure to choose the proper type, size, and color or finish of equipment if applicable.  It’s the buyer’s responsibility to make sure the equipment will fit properly and in the finish they selected upon checkout.

Payments

Buyer is responsible for paying for the item(s), taxes, and fees associated with their purchase. All prices on ( WEB ADDRESS HERE)  are listed in US dollars. All orders are on a prepaid basis and payments will be processed immediately in full.

Payment may be made with American Express, Visa, MasterCard, or Discover. Customers may enter credit card information with confidence via our secure checkout.

We accept credit card payments drawn on US banks only. If you are ordering from outside the US or intend to pay with a card drawn on a foreign bank, please contact 5 Star Restaurant Equipment LLC prior to check out.

Other accepted payment types include wire transfers, money orders or certified bank checks. Purchases made via wire transfer need pre-approval. The buyer must pay all fees charged by his bank so that 5 Star Restaurant Equipment LLC receives the full payment amount (in U.S. dollars). Purchases made via money orders or certified bank checks require pre-approval.  This slows down the order process.  All funds most clear the bank before equipment will be shipped out.  If you have a deadline for receipt of order, we suggest you use another payment method.

Sales Tax

Sales tax is charged on all items received in Florida or picked up from our warehouse in person.  Sales tax rate is determined by the applicable tax rate of the area where the item is received. Items purchased online or in the showroom and picked up in store will be charged the 7% tax rate of this area.  Sales taxes and fees for other states, as charged by our suppliers, are added to the invoice during checkout.  All equipment resale companies located in Florida must provide proper state documentation to be tax free in Florida.  Please call us for more information.

Please be aware there may be other sale or use tax obligations that apply to your purchase for which you are responsible.

Condition of Merchandise

5 Star Restaurant Equipment, LLC and its suppliers make every effort to present all items for sale as accurately as possible based on the information available to us and on our knowledge at time of posting. While we stand behind the accuracy of our listing, there may be some small details that are not included in product descriptions.  Therefore, there is no guarantee regarding accuracy of this information.  5 Star Restaurant Equipment, LLC shall not be liable for any inaccuracy in the description of any product on its website, on packaging, or as otherwise provided by the manufacturer.

Merchandise must be handled, uncrated, assembled, installed, and adjusted by knowledgeable, licensed, authorized and experienced personnel. Improper installations may cause malfunction and may void any warranty.

Warranty Coverage

5 Star Restaurant Equipment, LLC does not provide or sell any warranties on any product purchased to Buyer other than those which may be provided by the manufacturer of such product.

No other warranty to customer from 5 Star Restaurant Equipment, LLC is express or implied. Seller specifically disclaims the implied warranties of merchantability and fitness for a particular purpose.

Any manufacturer warranty is given in lieu of all other warranties, express or implied, in fact or by law, or arising by reason of custom or usage in the trade or by course of dealing, including, without limiting the generality of the foregoing, any warranty of merchantability or fitness for a particular purpose.

It is Buyer’s responsibility to handle any and all claims, issues, concerns directly with the manufacturer of the equipment purchased.  We will give you aid when we can to help point you in the right direction; however, the manufacturers of the equipment will only deal you the buyer/owner directly.  5 Star Restaurant Equipment, LLC shall have no responsibility to present, advocate, or prosecute any warranty claims to any manufacturer on Buyer’s behalf, and undertakes no duty to do so.

Misuse or mishandling of equipment can result in the manufacturer’s warranty being voided. The buyer should be aware that a commercial equipment warranty might be voided if the equipment is placed in a residential setting.

Buyer will hold 5 Star Restaurant Equipment, LLC harmless for all matters relating to any manufacturer’s warranty, including, but not limited to, any matters regarding the manufacturer’s performance per the warranty.

Shipping Selection

Shipping to: United States 48 Continental States

Excludes: Alaska/Hawaii/Puerto Rico, US Protectorates, APO/FPO

We ship only within the Continental U.S.A – No Shipping directly to Alaska, Hawaii, P.O Boxes, or Internationally, we will ship to a provided freight forwarder.  There are additional freight charges to Martha’s Vineyard and Nantucket – If possible please provide a day time phone number for shipping purposes and if a lift gate delivery is required (see additional fees below).

We can ship to Canada but orders must be pre-approved before checkout. All shipments to Canada will be self-brokered by the buyer, the buyer must make ALL shipping arrangements and inform 5 Star Restaurant Equipment LLC. of the details.

Only curbside delivery is offered. The seller does not offer or arrange for inside delivery.  It is Buyer’s responsibility to make arrangements to get equipment moved safely inside.

Please inspect all items before signing for delivery.  Note any missing, damaged or extra items.

Any broken or damaged items need to be called into our office with in TWO business days of receipt.  If the driver will not wait for you to do a full inspection, please note that on the shipping company’s copy of the bill of lading.  Make sure you note the shipping companies copy the driver takes as well.  This way it will be on record with the shipper.

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.

Optional Delivery Add-ons

There are multiple services that will expedite or ease the delivery of your shipment. These are considered non-standard delivery add-ons to our standard shipping service pricing and as such each item will have a fee associated with it. Usage of these optional delivery add-ons is at the discretion of the buyer and are not required in order for shipment to take place. These non-standard add-on delivery services are available for selection by contacting us prior to making a purchase. Optional delivery add-ons have fees that are not covered by free shipping promotions.

Non-Standard Add-on Delivery Services that may require extra charges include:

Residential Delivery: Shipping carriers offer residential address drop-off service for an additional fee. Schools, military bases, home businesses and churches are considered to be residential addresses.

Liftgate Delivery: Liftgates are used to lower the contents of the delivery truck to ground-level. If your order contains heavy items and you do not have a loading dock, forklift, or other methods to unload the delivery, then a liftgate is highly recommended.

Call before Delivery: If selected, an agent of the freight carrier will call you prior to delivery. To help you avoid potential re-delivery fee’s, we recommend this service to ensure you are available to receive your shipment.

Insurance on shipments are not a standard for our shipping or delivery service. The buyer may call to discuss options and fees. Any minimum order fees charged by suppliers will be added to the invoice during checkout.

Order Fulfillment

Shipping

Orders are shipped after processing.  We try very hard to ship all in-stock products within 1-3 days of placing your order.  But please allow up to 10 business days for items to be shipped, unless noted in item listing.  Generally, transit of shipment is 3-7 business days but may take longer. Due to occasional stock issues or custom-made merchandise, orders may potentially take 4-6 weeks to ship.  We cannot guarantee shipping times of items that are not regularly stocked in our warehouse.  Quantities may vary on website due to current pending orders.  If you have questions about your order, order status can be checked by calling customer support at 941-483-3492.  Once your order has been shipped out. You will receive an email giving you the tracking number for your shipment.

Buyer pays all costs relating to the shipment, including charges by the shipping company that were not paid during check out. These might include, but are not limited to: additional charges due to inaccurate information provided to 5 Star Restaurant Equipment LLC relating to the delivery, charges due to failed delivery attempt(s) by the shipping company, and any Non-Standard Add-on Delivery Services fees.

Any shipment that is refused or cannot be delivered and is returned by the carrier will be considered an unauthorized return.

Delivery & Receipt of Order

The buyer is responsible for inspecting the shipment during delivery by the shipping company for damages, both obvious and hidden. The buyer will accept the delivery and note on the delivery receipt any damages or concerns.  If the delivery driver will not wait for you to inspect your equipment during time of delivery. Note that on both the driver’s copy and your copy of the delivery receipt.  This will go a long way if you find any issue’s later upon inspecting the equipment.  If the item is damaged beyond the point of being in working or usable condition, please refuse delivery, please note it was damaged upon delivery on driver’s receipt and immediately notify 5 Star Restaurant Equipment LLC.  We will work with the shipping provider to replace the item for you.

Failure to notate any defects could result in a significant reduction in the carrier’s liability during damage claims. The buyer is responsible for notifying, filing any loss or damage claims in the manner and time frame directed by the carrier. Most freight claims must be made within five (5) days of delivery.  We will do what we can to aid you in this process.  However, Buyer is responsible for any concerns, issues, or charges for these shipments and agrees to hold 5 Star Restaurant Equipment LLC, its suppliers, and its vendors harmless for any claims relating to the shipping of any product.

Problem Reporting

Problems or concerns must be reported by email to 5 Star Restaurant Equipment LLC within 10 days of receipt of the item. If you call to report an item damaged in transit, we do not consider the report official until we have confirmation of damages. The buyer must send an email stating concerns and include pictures of any damages to 5 Star Restaurant Equipment LLC.  We will send you a confirmation email after that. Stating we are aware of your concern.

Any reports of malfunction may require a detailed inspection report from a qualified technician. The buyer agrees to cooperate with problem identification and correction efforts.  Note that some areas have limited technicians. It could take a few days to locate a technician. Just know will be doing our best to help service your equipment as fast as we can.

The buyer agrees to abide by 5 Star Restaurant Equipment LLC decisions regarding problem resolution.

Cancellation, Return, and Refund Policies

Cancellation Policy

5 Star Restaurant Equipment LLC retains the right to cancel any order with a full refund and will not be held liable for any other loss or damage arising from such cancellation.

Any request for cancellation must be made and confirmed via email with 5 Star Restaurant Equipment LLC as soon as possible. If you call or speak to customer support, please be advised that cancellation is not confirmed without a confirmation email from 5 Star Restaurant Equipment LLC.

If a cancellation request is not received in a sufficient time frame for the shipment to be held by the supplier, it will be considered a request for return.

Refunds from cancelled orders will be subject to a 5% cancellation fee. This fee will be waived in the following situations:

1. There was a problem caused by 5 Star Restaurant Equipment LLC, its suppliers or its vendors, such as the item being discontinued or being on back-order.

2. The customer chooses to receive a store credit good for six months. (A refund of any balance of such, the remaining amount store credit not used will be subject to the 5% cancellation fee.)

If the supplier does not allow a cancellation (such as for a manufactured-to-order item), the cancellation request may be denied or may be subject to higher cancellation fees (usually a minimum of 25%).

Custom or manufactured-to-order items cannot be cancelled.

In rare circumstances, a custom or manufactured-to-order item that has not started production can be cancelled; however, there is a minimum of 25% cancellation fee for such items.

The buyer agrees to abide by 5 Star Restaurant Equipment LLC’s decisions regarding cancellation fees.

Return Policy

Regularly stocked items may be returned within 7 days of receipt of the item.

Not all items will qualify for returns. Used equipment, Custom or manufactured-to-order items, mishandled or misused equipment, and items that are not in resalable condition are ineligible for returns. Buyer’s remorse is not grounds for a return.  Approval of return requests is at the sole discretion of 5 Star Restaurant Equipment LLC.

A standard restock fee of 25% will be applied to returns. This may be modified at the discretion of 5 Star Restaurant Equipment LLC.

The buyer must reach a return agreement with 5 Star Restaurant Equipment LLC and obtain a Return Authorization number prior to returning any items. There is no guarantee that a credit will be made for an unauthorized return.

It is the buyer’s responsivity to pay for the return shipping back to 5 Star Restaurant Equipment LLC.  All return shipping will be setup by 5 Star Restaurant Equipment LLC.  The amount of money to return equipment will be deducted from any money due back to the customer as a refund or store credit.

When returning eligible merchandise: All merchandise must be returned complete in unused, uninstalled condition with original packaging, accessories and instructions, and wrapped securely to protect from damage in shipping. Any item damaged while being returned to 5 Star Restaurant Equipment LLC is the buyer’s responsibility.

Refused and returned goods will be inspected to assess fit for resale condition.

Refund Policy

In the process of a refund being issued by 5 Star Restaurant Equipment LLC, Buyer buyer will be responsible for the following costs unless otherwise stated in writing by 5 Star Restaurant Equipment LLC:

1. Original shipping costs, including shipping charges covered by   promotional free shipping discount

2. Return shipping cost, including any fee’s or charges by freight companies that 5 Star Restaurant Equipment had to cover to return the item.

3. Any accumulated storage fees from the carrier

4. Restocking fees

5. Cancellation fees

6. Repair or lost value charges for any damages incurred to product

7. Charges disclosed as non-refundable

If the seller agrees there is a misrepresentation, the seller will refund the purchase price of the merchandise upon its return to the specified return address that 5 Star Restaurant Equipment LLC gives the customer.

5 Star Restaurant Equipment LLC will deduct all applicable charges before issuing a refund.

The buyer’s account will be adjusted in the amount stated by 5 Star Restaurant Equipment LLC once all procedures have been followed.

If the buyer fails to follow these terms and conditions, there will be no credit issued.

The buyer must recognize that complexity of returns, cancellations, shipping, and returned equipment inspections may cause a refund to take up to two billing cycles.  5 Star Restaurant Equipment LLC customer service and accounting staff will work hard to complete the process as quickly as possible.

Prohibitions

Buyer must not misuse this Website. Buyer will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and 5 Star Restaurant Equipment LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

5 Star Restaurant Equipment LLC will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of 5 Star Restaurant Equipment, LLC and/or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by 5 Star Restaurant Equipment LLC and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order, you are offering to purchase a product on and subject to these Terms and Conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force of nature for which 5 Star Restaurant Equipment LLC will not be responsible.

In order to contract with 5 Star Restaurant Equipment, LLC you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. [Your Online Store URL Web guy will put link in here] retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be 5 Star Restaurant Equipment LLC or may in some cases be a third party. Where a contract is made with a third party 5 Star Restaurant Equipment LLC is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If we cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law 5 Star Restaurant Equipment LLC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect 5 Star Restaurant Equipment, LLC’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with 5 Star Restaurant Equipment LLC and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to 5 Star Restaurant Equipment LLC.

Indemnity

You agree to indemnify, defend and hold harmless 5 Star Restaurant Equipment LLC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

5 Star Restaurant Equipment LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and 5 Star Restaurant Equipment, LLC.  Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an officer of 5 Star Restaurant Equipment LLC.

Choice of Law – Venue

This contract shall be construed under the laws of the State of Florida. Any action by Buyer against 5 Star Restaurant, LLC to enforce any claim or right arising from these Terms of Conditions; from the use of this website; or from the purchase, shipping, use, failure, or return of any item purchased from 5 Star Restaurant, LLC, shall be brought exclusively in Sarasota County, Florida.

Quotes

Quotes on all products and shipping fees are subject to change after 30 days.

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