USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE OR PLACE AN ORDER FOR PRODUCTS OR SERVICES WITH COMMERCIAL COOKING SYSTEMS, LLC.
The Pressurefryers.com website is operated by: Commercial Cooking Systems, LLC
Our contact details are as follows:
Commercial Cooking Systems, LLC
PO Box 9544
Green Bay, WI 54308-9544
tel. (920) 366-0243 for equipment sales
tel. (920) 412-5090 for parts sales
1. INTRODUCTION AND DEFINITIONS
(1.1) You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
(1.2) We reserve the right to revise these terms and conditions at any time by updating this posting. It is the buyer's responsibility to check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website or make purchases from Commercial Cooking Systems, LLC.
(1.3) "The Seller" is a term used in these terms and conditions to describe Commercial Cooking Systems, LLC, Pressurefryers.com, and their authorized agents, assigns, and heirs.
(1.4) "The Buyer" is a term used in these terms and conditions to describe you the customer who orders, pays for, and/or receives the seller's goods and services, and your agents, assigns, and heirs.2. ORDERING FROM US
(2.1) Any type of purchase, payment, or exchange of goods and services you make with with the Pressurefryers.com web site or with Commercial Cooking Systems, LLC represents an agreement that is binding with, but not limited to, all the terms and conditions expressed in this posting and on our warranty page. As part of our online checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgment detailing your transaction.
(2.2) The buyer is responsible for obtaining all information necessary to make an educated decision regarding the purchase.
(2.3) The buyer accepts responsibility for checking applicable state and local codes and for ensuring items meet those codes before purchasing. The seller will not accept returns or issue refunds on goods or services that do not comply with local regulations.
(2.4) The buyer will not hold Commercial Cooking Systems, LLC responsible for anything not stated in the listing or included in the product photograph, including, but not limited to, assumptions made by the buyer or any verbal statements.
(2.5) We may refuse to accept an order:
- where goods and services are not available;
- where we cannot obtain authorization for your payment;
- if there has been a pricing, product description, or invoicing error; or
- if you do not meet any eligibility criteria set out in our terms and conditions.
3. PRICING AND PAYMENTS
(3.1) All prices, payments, and monetary terms are stated in US Dollars.
(3.2) All shipping costs and state or government taxes shall be borne by the buyer. Our product prices do not include any taxes, tariffs, fees, insurance, packaging, handling, shipping, lift gate, or installation charges. These will be added to the total cost of your order in addition to the product costs.
(3.3) Shipping costs may change at any time. While Commercial Cooking Systems, LLC strives to provide the most accurate shipping costs available, these costs are controlled by third-party companies and are beyond the control of the seller. Buyers will be informed of any changes in shipping costs, and can choose if they wish to accept those charges and complete a transaction based upon those changes. Commercial Cooking Systems, LLC reserves the right to cancel an order at any time and refund any payments if shipping charges increase before a product has been shipped.
(3.4) Residential delivery, if available by the shipping agent, is an additional fee and must be specified when ordering.
(3.5) 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.
(3.6) Unless otherwise stated, Commercial Cooking Systems, LLC will only ship or release products that have been prepaid in full. Payments will be deemed satisfied upon authorization and clearance of the seller's bank, not by simple provision of payment means or information to include any checks, credit card information, or wire transfer details.
(3.7) Customers who are granted credit status or who have any unpaid balance are also bound by all the terms and conditions of this posting. Credit and unpaid balance terms for all products and services, unless otherwise stated by Commercial Cooking Systems, LLC, will be full payment within 30 consecutive calendar days. Any outstanding balance past 30 days will accrue an additional finance charge at an 18% annual percentage rate (APR) until payment is satisfied in full. Any default on payment beyond 60 calendar days represents a breach of trust and good faith by the buyer. Any 60-day default on payment affirms consent by the buyer to surrender and return all products of the transaction upon immediate and unconditional demand back to the seller, and affirms consent of recovery by the seller of all additional costs of the transaction, including, but not limited to, collection fees, transport fees, administrative fees, and legal fees.
(3.8) Our prices are reviewed and updated on a periodic basis and may change at any time.
4. CANCELLATION AND RETURNS POLICY
(4.1) If you wish to cancel your order:
- You can notify us of the order cancellation and reason in writing by postal service mail or via email before we have dispatched the goods to you, or:
- Where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
(4.2) You can return or exchange reconditioned equipment you have ordered from us within the stated terms given on our warranty page. The costs of returning goods to us shall be borne by you.
(4.3) Upon our receipt of the goods we will give you a full refund of the amount paid for the equipment only, an exchange, or a credit as required.
(4.4) The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances:
- in the event that the product has been used or installed.
- to any products that we have made, customized, or special-ordered specifically for you
(5.1) You are permitted to print and download extracts from this Website for your own use on the following basis:
- no documents or related graphics on this Website are modified in any way;
- no graphics on this Website are used separately from accompanying text; and
- any of our copyright and trade mark notices and this permission notice appear in all copies.
(5.2) Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensees. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
(5.3) Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
(5.4) Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
(6.1) While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
(6.2) Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
(7.2) You are prohibited from posting or transmitting to or from this Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licenses and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the United States or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(7.3) You may not misuse the Website (including, without limitation, by hacking).
(7.4) We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
(8.1) Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
(8.2) If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Pressurefryers.com logo;
- you do not create a frame or any other browser or border environment around this Website;
- you do not in any way imply that we are endorsing any products or services other than our own;
- you do not misrepresent your relationship with us nor present any other false information about us;
- you do not otherwise use any Pressurefryers.com trade marks displayed on this Website without our express written permission;
- you do not link from a website that is not owned by you;
- your website does not contain content that
is distasteful, offensive or controversial, infringes any intellectual
property rights or other rights of any other person or otherwise does not
comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
(8.3) You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
(9.1) To register with Pressurefryers.com you must be over eighteen years of age.
(9.2) Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
(9.3) Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
(9.4) We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
(10.1) While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
(10.2) The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
(10.3) Broaster® and Henny Penny® are registered trademarks of their respective companies. Commercial Cooking Systems, LLC is an independent seller of used restaurant equipment and replacement parts, and is not an authorized distributor or affiliated in any way with the Broaster® Company of Beloit, Wisconsin or the Henny Penny® Corporation of Eaton, Ohio.
(11.1) We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
(11.2) Nothing in these terms and conditions shall exclude or limit our liability for:
- death or personal injury caused by negligence;
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
(11.3) If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
(11.4) You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
(12.1) These terms and conditions shall be governed by and construed in accordance with the laws of the United States of America. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the U.S. courts.
(12.2) We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United States. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws.
(13.1) You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
(13.2) If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
(13.3) Only the parties to these terms and conditions may seek to enforce them.