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TERMS & CONDITIONS OF SALE
These Terms & Conditions of Sale (“Terms”) constitute an agreement between you and The Seattle Restaurant Store (“SRS”) governing all purchases, whether made physically at the store or via srscooks.com (“Website”). Please read these Terms carefully. SRS reserves the right to make changes to these Terms. You should review these Terms periodically.
- FOB. All prices are FOB our Shoreline, Washington warehouse. Delivery is available for an extra charge.
- Listed prices. Prices listed on the Website do not include shipping, delivery, or sales tax. These charges will be computed at the time of sale or when a TruPrice quotation is issued.
- Installation. Permits, plumbing, wiring, and installation are not included. SRS will, however, arrange for third-party installation services at your request. You are responsible for paying any such third-party fees.
- Special order deposit. Special order items require a fifty percent (50%) deposit. The remaining balance is due at Will Call or upon delivery to Customer's premises.
- Special-order and used equipment sales. All sales are final on used and special order equipment. All special-order items must be prepaid in full and may not be returned or exchanged without the approval of SRS. If return is approved, special order items may be subject to a fifty percent (50%) restocking fee.
- Quotations. Written equipment quotations (including TruPrice quotations) may be withdrawn if not accepted within 30 days.
- Storage charges. Equipment must be delivered or picked up by customer within 24 hours of sale unless prior storage arrangements are made and authorized. Equipment left over this period may be subject to a minimum $10.00 per day storage fee. All related storage fees and open balances must be paid prior to the release of equipment.
- Proof of purchase. No merchandise will be released without proof of purchase.
- Personal checks. All personal checks must clear before items will be shipped.
- Refunds. We do not issue cash or credit card refunds on returned merchandise; however, we will gladly issue an in-store credit or exchange within 30 days of purchase.
- Returns. All returned merchandise must be unused, in original packaging, and accompanied by the original sales receipt.
- Verification of specifications. Customer is responsible for verifying all specifications, measurements, electrical, and plumbing requirements for equipment.
- Delivery. All deliveries require clear, unobstructed access. Customer is responsible for providing ample parking and agrees to make reasonable accommodations for deliveries to occur during regular business hours unless prior arrangements are made. The customer or designated representative must be present during deliveries to inspect and accept deliveries. Equipment will not be delivered into a residential dwelling. Excessive waiting time or delays to delivery may result in additional charges. All equipment must be paid in full prior to delivery.
- Duty to inspect. Customer (or a designated representative present at delivery) is responsible for inspecting all packages and packing materials, as well as equipment and items inside the packaging materials, before signing for deliveries or freight shipments.
- Warranties. All warranties are provided by the manufacturer directly to the end user. SRS is not responsible for any warranty or non-warranty related issues due to improper use/abuse, maintenance, and/or equipment failure. Customer is responsible for reading and understanding specific manufacturer's warranty guidelines. Failure to follow warranty guidelines may result in voiding manufacturer's warranty.
- Right to correct errors. We make every effort to ensure our Website and printed advertising materials are accurate; however, we reserve the right to correct typographical errors.
- Prices subject to change. All published prices, whether in electronic or print media, are subject to change without notice.
TERMS OF SERVICE FOR THIS WEBSITE
These Terms of Service for this Website (“Terms”) constitute an agreement between you and The Seattle Restaurant Store (“SRS”) governing your use of srscooks.com (“Website”). Please read these Terms carefully. You must be at least 18 years of age to use this Website. Access to this Website is conditioned on your assent to these Terms without modification by you. Your use of this Website constitutes your acceptance of these Terms. SRS reserves the right to make changes to these Terms. You should review these Terms periodically.
- Ownership and copyright. Except for items in the public domain, the information and all other materials comprising this Website (collectively, “Materials”), are wholly owned by (or licensed to) SRS and/or its content providers. This Website contains copyrighted material, trademarks, and other proprietary information. SRS owns a copyright in the selection, coordination and arrangement of this Website. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of SRS or such other party that may own the Materials.
- Use of Website.Except for your non-commercial personal use, this Website may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose. Unauthorized use of this Website and/or the Materials may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. By uploading or otherwise submitting a file or other information (“Contribution”) to this Website, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to SRS a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, publicly display, modify, store, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed, as if the Contribution were public domain information. You similarly permit any Internet user to download, store, manipulate, view, print and display the Contribution for that user’s personal use.
- Age and responsibility. You represent that you are of sufficient legal age to use this Website and to create binding legal obligations for any liability you may incur as a result of the use of this Website. You understand that you are financially responsible for all uses of this Website by you.
- No warranties. Your use of this Website is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files, data or other material (including software) obtained through this Website. SRS strives to ensure the accuracy of the information presented on this Website, however due to various circumstances, including, but not limited to, delays caused by postal handling, upgrades and/or changes to SRS’s bill and payment processing system there may be variances between the information available on this Website and your actual bill and payment information, energy usage history or other statistical data. For this reason, neither SRS nor any of its affiliates, subsidiaries, business units, content providers can guarantee the accuracy, truthfulness or reliability of any information provided on or by means of this Website. THIS WEBSITE AND THE CONTENT PROVIDED THEREON IS PROVIDED “AS IS”, AND NEITHER SRS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by SRS or any of its affiliates, subsidiaries, business units, content providers, agents, or the like shall create any warranty. Neither SRS nor any of its content providers, agents, or the like warrants that access to, or use of, this Website will be uninterrupted, virus free, or error-free, or that this Website (including, without limitation, any content on this Website) will meet any particular criteria of performance or quality. SRS, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT SRS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THIS WEBSITE. FURTHERMORE, SRS, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THIS WEBSITE.
- Limitation of liability. SRS and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, this Website, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if SRS has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destructio7 or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, SRS and all of its affiliates, subsidiaries, business units, content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you. The provisions of this Section 6 and Section 5 above represent a reasonable allocation of the risks under this Agreement. SRS’s willingness to allow you to use this Website reflects this allocation of risk and the limitations of liability specified herein.
- Indemnification. You agree to indemnify SRS and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your use of this Website including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
- Links. This Website may contain links to websites operated by parties other than SRS. Such links are provided for your reference only. SRS does not control such websites and is not responsible for their contents. SRS makes no representation or warranty regarding any other websites or the contents or materials on such websites. This Website’s inclusion of links to other websites does not imply SRS’s endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
- Governing law. This Agreement and its performance shall be governed by the laws of the state of Washington, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington, in all questions and controversies arising out of your use of this Website and this Agreement.
- No waiver. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and SRS nor the trade practice shall modify any provision of these Terms.
- Modification. SRS may at any time modify these Terms and your continued use of this Website will be conditioned upon the Terms in force at the time of your use.
- Additional terms. Additional Terms may apply to other portions of this Website, and you agree to abide by such other Terms.
- Severability. These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- Intellectual property notices. All content of this Website is copyrighted by SRS and/or its suppliers. All rights reserved. Product and company names mentioned in this Website are the trademarks of their respective owners.
- Entire agreement. These Terms, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.
- Information we collect. We collect a limited amount of personal information from you in certain areas of the SRS website (“Website”) for various reasons. The following is a description of what information is collected. Please note that users herein are classified in two mutually-exclusive categories and that the type of data collected varies depending upon the user’s category:
- Category One: With respect to users who request further information about our services, we collect only such information as is necessary to determine your level of service needs plus contact information to enable us to answer your questions as a prospective customer.
- Category Two: Users who already are customers of Company and are using this domain as a portal to see the information on their server. The information collected from these users is broader in nature because they have consented to be our customers and the need to provide the highest level of customer service to these customers requires a more varied and sometimes more intrusive degree of access.
- IP addresses. An IP address is a number assigned to your computer when you connect to the Internet. As part of the protocol of the Internet, web servers can identify your computer by its IP address. In addition, web servers may be able to identify the type of browser and/or type of computer you are using. SRS collects IP addresses and related information for the purposes of system administration, to assess the traffic to the Website and to maintain and improve the Website. We do not link IP addresses to your personally identifiable information. We can and will use IP addresses, however, to identify a user when we feel it is necessary to enforce compliance with our Website Terms and Conditions or to protect our service, the Website, customers or others.
- Parties who collect information. SRS collects the information described above via the Website. In the case of third party features such as advertising, co-branded areas or links to other websites, such third parties may also collect information. You should review the applicable privacy policies of these third parties before providing personally identifiable information. SRS is not responsible for any actions or policies of third parties.
- How collected information is used.
Choices in the collection, use, and distribution of information. You always have a choice of whether you want to receive information about new features, events, offers and special coverage on the Website and about special offers from SRS’s partners. If at any time you do not want to receive such information, which may be keyed to the information we have collected about you, please e-mail SRS at email@example.com. It is important to know that you may inadvertently provide personally identifiable information to third parties through your postings to a forum or participation in a chat session and we have no way to limit their use of the information you may provide. Please keep in mind that whenever you give out personal information online (for example, in forums, message boards or chat sessions) that information can be collected and used by people you do not know. While we strive to protect our user’s personal information and privacy, we cannot guarantee the security of any information you voluntarily disclose online and you do so at your own risk.
With whom the information may be shared. Except for your choices described above, we will not knowingly disclose or authorize the disclosure of personal identifiable information (other than aggregate statistical information) to any third party without your consent unless (1) we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may have breached our Website Terms and Conditions or who may be causing injury to or interference with (either intentionally or unintentionally) SRS’s rights or property, other Website users, or anyone else who could be harmed by such activities or (2) we believe in good faith that the law requires it.
Children under the age of 13 years. In accordance with the Children’s Online Privacy Protection Act (COPPA), SRS will not knowingly collect or accept personally identifiable information from a child under the age of 13 without a parent or guardian’s prior consent. SRS will also allow the parent or guardian of a user under the age of 13 to review, update, change, delete or refuse to permit further collection of any and all information collected by the Website. A child’s personally identifiable information will be treated with the same care and respect as an adult’s information. To change, update, review, delete or refuse to permit further collection of your child’s information, please e-mail SRS at firstname.lastname@example.org.
Revocation of consent to collect and use personal information. If you want to revoke our right to collect any further personal information entirely, please e-mail SRS at email@example.com.
Security procedures we use. We are very concerned with the security of your personally identifiable information and take great care in providing secure transmission of your information from your computer to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us. Once we receive your information, we take appropriate steps that we believe are reasonable to protect the security of your data on our system, both internally and from outsiders, and to ensure the integrity of the data we collect. We use a combination of technological and policy methods to protect this data. You are responsible for maintaining the secrecy of your account information.
- In general. SRS uses information to learn more about how visitors use the Website and to measure areas of interest. This allows SRS to build features and functionality that will enhance your Website experience. SRS may also use your e-mail address to send you information about new features and services, to share information about energy conservation programs and to provide you with conservation tips, or to send you information about special offers from SRS’s partners, unless you indicate in an opt-out disclosure that you do not wish to receive this type of information. We might also use this information to respond to e-mails, provide customer support, enforce Website Terms and Conditions or other similar matters. Aggregate information is also used to help us run and maintain the Website, study traffic patterns and generally learn about the usage of the Website.
- Unrelated companies. SRS occasionally shares limited customer information with companies we hire to provide operational, marketing, or advertising support, companies that help us distribute our products and services, or companies that provide products and services we want to offer. The companies we choose must satisfy our security and privacy requirements. We share your information with these companies only if they agree to treat it confidentially and only if it is legally permissible to do so. We limit the information we provide these companies to what we reasonably believe they “need to know” in connection with their agreement with SRS and we do not permit them to use our customer information for any purposes outside our oversight or control.Government authorities and litigation. Sometimes a law, court order, or other judicial or administrative process requires us to provide information to a government authority or party to a private lawsuit. We will provide the information that we in good faith believe is required to comply with the law, order, or other process. We may also have to disclose certain information in court documents if we have to bring an action against you, for example, to collect a debt you owe us.