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TERMS OF SALE AND USE AGREEMENT

By using our site, you are agreeing to comply with and be bound by the following terms of sale and use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. 

The term “Quicquaro & Associates, LLC", "Restaurant Appraisals, LLC", Restaurant-Consultants.net or “RestaurantValues.net”, or Joseph M. Quicquaro" or “Divisions”, "Affiliates" or "Associates" or "us" or "we" or "our" refers to QUICQUARO & ASSOCIATES, LLC, the owner of the Web site. The term "you", “Customer”, or “Client” refers to the user or viewer of our services or Web Site.

1.Validity

1.1 This Agreement is the only form of contract between Quicquaro & Associates, LLC and any Client / Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order or Engagement, you are making an offer to purchase goods or services and, for such offer, you agree to apply the terms and conditions of this Agreement in priority over any other agreement with us.

1.2 Any Order or Engagement is subject to acceptance by us. Quicquaro & Associates, LLC and it’s affiliates or divisions are not obliged to accept any Engagement or Order or to justify refusal of the same at any point in time during the transaction. Receipt of payment for Goods or Services by us does not in itself constitute acceptance by Quicquaro & Associates, LLC, it’s affiliates or divisions, of the Order.

1.3 Any terms and conditions on the Quicquaro & Associates, LLC / restaurantappraisals.net website or catalogue, or proposals, shall apply to Orders and Engagements, and are hereby incorporated into the terms of this Agreement. We may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on our websites or catalogue or proposals and any such new terms and conditions shall apply to any products ordered after such new terms and conditions have been published on our websites or catalogue or proposals.

2. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Sale & Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between you, and us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

3. Copyright.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.  Some of the content on the site is the copyrighted work of third parties.

4. Service Marks.

restaurantvalues.net, restaurantappraisals.net, restaurant-consultants.net and others are our service marks or registered service marks or trademarks.  Other product and company names mentioned on the Site may be trademarks of their respective owners.

5. Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein.  No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

6. Restrictions and Prohibitions on Use.

Your license for access and use of the Site and any information, materials or documents (collectively defined as Content and Materials) therein are subject to the following restrictions and prohibitions on use:  You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial  distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

7. Forms, Agreements & Documents

We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents and legal documents (collectively, Documents).  All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license.  Documents are provided free or for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, correctness, accuracy, and/or appropriateness. The Documents may be inappropriate for your particular circumstances.  Furthermore, state laws may require different or additional provisions to ensure the desired result.  You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation.  Some Documents are public domain forms or available from public records.

8. No Legal Advice or Attorney-Client Relationship.

Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, and mediation or counseling under any circumstance and no attorney-client relationship is formed.  We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site.  Your use of information on the Site or materials linked to the Site is entirely at your own risk.  We are not a law firm and the Site is not a lawyer referral service.

9. Linking to the Site.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

10. Advertisers.

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

11. Registration.

Certain sections of, or offerings from, the Site may require you to register or subscribe.  If registration or subscription is requested, you agree to provide us with accurate, complete registration information.  Your registration must be done using your real name and accurate information.  Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name, or (b) access through a single name being made available to multiple users on a network.  You are responsible for preventing such unauthorized use.

12. Errors, Corrections and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the Site at any time.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

13. Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site.  We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site.  You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

14. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

15. Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

16. Non-transferable.

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

17. Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH ALL FAULTS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

18. Termination

18.1 We reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and Services and/or performance of this Agreement is affected by reasons out of our reasonable control such as our vendor failing to supply product or services, force majeure, act of God, adverse weather and government intervention, sanction or legislation.

18.2 We reserve the right to cancel any Order for Goods or Services where it is reasonably suspected that you are not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).

19. Limitation of Liability

 19.1 We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.

19.2 IN NO EVENT WILL QUICQUARO & ASSOCIATES, LLC OR ITS DEVISIONS OR AFFILIATES BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM NEIGHBORING OR CONNECTED ITEMS OR PREMISES, DELAY, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF TIME, LOSS OF GOODWILL, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED) OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ENSUING FROM THE USE OF OUR WEB SITE OR PURCHASE OF THE SERVICE, PRODUCTS OR GOODS PROVIDED BY US UNDER THIS AGREEMENT OR INABILITY TO USE ANY SERVICE, PRODUCTS OR GOODS PROVIDED BY US PURSUANT TO THIS AGREEMENT, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL ALSO NOT BE LIABLE FOR ANY ADDITIONAL DAMAGE CAUSED BY CUSTOMER’S FAILURE TO REPORT A DEFAULT OR DEFECT IN GOOD TIME OR FAILURE TO PROVIDE REASONABLE ACCESS TO THE GOODS FOR REPAIRS, SERVICE OR ENGINEER VISITS.

19.3 IN NO EVENT SHALL QUICQUARO & ASSOCIATES, LLC AGGREGATE LIABILITY OR THE LIABILITY OF ANY OF ITS DIVISIONS OR AFFILIATES, FROM ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE AGGREGATE OF THE FEES PAID TO US FOR THE PRODUCT FOR WHICH THE CAUSE OF ACTION ACCRUED IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE WHEN THE CAUSE OF ACTION ACCRUED. THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, INCLUDING BREACH OF WARRANTY.

20. Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

21. Third-Party Services.

We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

22. Third-Party Merchant Policies.

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while visiting or transacting on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

23. Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.  You must review this Privacy Policy by clicking on this link.

24. Payments.

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

25. Securities Laws.

The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates, which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

26. Links to other Web Sites.

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

27. Copyrights and Copyright Agents.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the copyrighted work that you claim has been infringed;

c. A description of where the material that you claim is infringing is located on the Site;

d. Your address, telephone number, and email address;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at  info@restaurantappraisals.net   Information and Press Releases.

28. The Site contains information and press releases about us.

We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

29. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

30. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in  Westerville, OH, and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section

The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.

31. Arbitration. 

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in Columbus, Ohio, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Columbus, Ohio necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

32. Funding Application

You certify: (i) the information provided is true and correct, (ii) Quicquaro & Associates, LLC, Restaurant Appraisals, LLC, restaurantappraisals.net and Affiliates are hereby authorized to investigate all bank, credit and trade references, and said references are hereby authorized to release any requested information to you or your nominee, (iii) such authorization shall extend to obtaining personal credit profile in considering the application and subsequently for the purposes of update renewal or extension of such credit or additional credit and for reviewing or collecting the resulting account, (iv) this information may be transmitted by us to you and by you to underwriter/s for the purpose of granting to me credit, either electronically or manually, and that by submitting this application, you take full responsibility for transaction thereof, (v) you are over 18 years of age, (vi) You acknowledge your rights under the Fair Credit Opportunity Act, and (vii) this request is for business and not consumer purposes.

33. Appraisal & Consulting - Engagement Agreement Conditions

You request that we provide recommendations, prepare reports or engage in services that include, but are not limited to Business and/or Machinery and Equipment Valuation(s)/Appraisal(s), Consultation, Job or Equipment Cost Valuation/Review/Analysis, Subcontract or assign the responsibility to negotiate with third parties, with or without the benefit of a personal visit for various services or an on site physical inspection of assets for appraisals or consultation.

a. WE will submit the type of service or valuation requested by you through various and appropriate research methods based on the scope of work assignment.

b. YOU agree to indemnify US against any and all issues arising from all services rendered. YOU agree to hold harmless from and against any and all claims, losses, expenses, damages, actions,  or liabilities, including legal services, to which WE may become subject to in connection with ANY AND ALL assignments.

c. You agree that in the event that WE judicially acted negligently in the execution of any engagement by a final inoperable court order, damages shall be limited to an amount not to exceed the fee received by us for the engagement.

d. Your obligation for indemnification and reimbursement shall extend to any controlling person that WE engage including any Director, Officer, Employee, Subcontractor, Affiliate or Agent.

e. Possession of any Report does not confer any right of publication to any person or entity and this is expressly prohibited unless written authorization is given by US.

f. If called on to defend APPRAISAL, CONSULTING OR VALUATION report(s) by you to any other party, our expenses and hourly rate will be billed on a monthly basis or as incurred, and you agree to pay these fees immediately upon presentation of an invoice.

g. YOU will be responsible for all legal costs incurred by US when defending appraisal/valuation, consulting reports if so instructed by YOU.

h. YOU agree and accept, that the Limiting Conditions as stated in APPRAISAL/VALUATION, CONSULTING reports will be acceptable.

i. YOU agree to pay fees in full on all engagements based on our current terms and conditions that may include initial deposits and payment in full or in part before assignment completion or delivery

j. At any time, WE reserve the right to reject any request or application for services or any appraisal/valuation and consulting assignment entirely at our own discretion.

34. Product & Services Condition of Sale

Quicquaro & Associates, LLC, its divisions, various domains, and DBA’s may act as broker for various transactions and reserves the right to transfer and advise final agreement to approved affiliated party, dealer, or manufacturer source. Freight, applicable sales tax, services (set up, electric, plumbing), equipment accessories, and manufacturer options are not included unless stated otherwise in ALL proposal, quotes or on lines sales documentation. Accessibility or adaptability to fit or place equipment, and additional labor and material, not herein stated is the responsibility of the customer or charged extra. Standard manufacturer warranties apply; no other warranty is expressed or implied. When submitted as a quotation, prices are based on current factory price list and quotes. Price protection deadlines may vary between manufacturers. Quicquaro & Associates, LLC, its divisions, various domains, DBA’s and affiliated parties, or assigned sources cannot be held responsible for surcharges imposed by the manufacturer after quotation. Vendor orders must be placed before price protection deadline otherwise new pricing will apply. Orders are non-returnable and cannot be cancelled. All freight charges quoted are estimated and subject to adjustment at time of billing. Company or bank cashier checks constitute standard method of payment. Prices quoted are based on a cash transaction, whereby payment is made by check, cashiers check or wire transfer. A 3% convenience fee may be charged at our discretion on all credit card transactions in addition to prices quoted for selected items unless noted otherwise. All transactions are subject to Quicquaro & Associates, LLC, its divisions, various domains, DBA’s or assigned source terms of sale and credit policy. Variation to standards may require price adjustment. Storage or additional freight costs may be incurred if stored beyond the designated time limit or if additional freight cost is incurred due to a change in storage warehouse location.  Quicquaro & Associates, LLC, its divisions, various domains, DBA’s, affiliated parties or assigned source cannot be responsible for shortages or merchandise damage if not indicated on carrier's bill of lading at time of receipt. All shortages and merchandise damage are to be reported immediately by calling 888-343-2981.

35. Products and Pricing

All prices are subject to change with out notice. Please review item description and specifications in detail before ordering. A general product image may have been used and will look different from the item ordered. If unsure please contact our sales department. Products sold are for commercial use and are not approved or recommended for domestic application. Local codes and regulations are the sole responsibility of you, the buyer. Product recommendations and advise from our staff should be independently verified by you. We cannot take responsibility for your final product or service choice. Many items are shipped direct from the manufacturer or warehouse source. Please allow a 1 to 6 week lead-time. If your order is of an urgent nature, please contact our sales department for shipping options or alternate products. Order expediting or express handling may incur additional charges. Minimum orders may be imposed by the manufacturer or our order processing department. Minimum order requirements will be indicated in our shopping cart or if unknown you will be notified after order is placed and will be given the opportunity to change or cancel order.

Minimum order:

Orders under 200.00 will bear an additional $20.00 charge.

Freight:

In all cases where free freight is indicated, freight charges may apply due to special circumstances or delivery location. Customer will be notified before order is processed. Free freight only applies to delivery within the continental United States, and does not apply to Alaska, Hawaii or international shipments.  Used equipment prices are PLUS freight or customer pick up.

Residential delivery: ADD $50.00 (Applies to common carrier equipment deliveries)

Delivery notification: ADD $25.00 for delivery appointments

We offer discount prices and will consider a competitors price match when requested before ordering. Price match only applies to exact, same spec comparison; and we reserve the right not to match the competitor’s price or not to sell a product for any reason at our discretion. Members and subscribers may be eligible for rebates or additional discounts. Please email or call for details.

Website and quoted pricing are for pre-payment or approved leasing company. Orders for credit may be subject to a re-quote representing higher prices or additional fees.

Prices are subject to change at any time with out notice, primarily due to vendor price increases, computer or human error. We make every effort to update and make corrections to published prices in a timely manor; however, we may not have a price change update at the time of your order. If a price increase takes effect after your order is placed, please contact us before the order is shipped to be given the option to cancel the order or proceed at the higher price. We reserve the right to decline or reject any order at our discretion.

Sales tax will be collected only on shipments to OHIO. Sales tax may be charged if required by other states.

36. Cancelations, Shipping, Refunds, Returns, Warranty, Damage Claim and Installation Policy

Cancelation, Refunds and Returns - Orders cannot be cancelled. At our discretion, cancellations, refunds and returns may be permitted, depending on the circumstances and the return policy of the original manufacturer or vendor source. Custom, imprinted or special order items are NOT returnable. Authorized returns will be subject to processing fees, manufacturer and Quicquaro & Associates, LLC restocking and cancellation charges and return freight charges. Minimum restocking charge, 25% plus other costs. Returned item must include documentation, warranty cards, cables etc., and be in new condition, not used and in original carton. Returns must have prior written authorization. Return request must be submitted in writing within 3 days from receipt of merchandise. Some manufacturers will not accept any returns. A written Return Authorization is required. We reserve the right to refuse credits on damaged, misused or non-resalable items.

37. Warranty - Quicquaro & Associates, LLC, its divisions, various domains, DBA’s or assigned source, make no warranty or representation with regard to any product or service provided and claims for damage, consequential or otherwise, shall be limited to the manufacturer and or freight carrier delivering the merchandise. Warranties are provided by the manufacturer, and no other warranty is expressed or implied. The manufacturer and approved service agent are responsible to handle your in warranty claims and should be contacted directly. In most cases, as a third party we cannot schedule warranty service for you. USED EQUIPMENT is sold with "no warranty" and is purchased "as is where is" with all faults. Although advertising information has been obtained from reliable sources, Quicquaro & Associates, LLC makes no warranty or guarantee, expressed or implied regarding the accuracy of the information provided; and makes no warranty or guarantee as to equipment condition, merchantability and/or fitness for a particular purpose or use. Buyers should inspect used items "or any non-warranty item" prior to purchasing.

38. Shipping, Damage, Shortage and Installation - You are responsible to insure that any freight damage is noted on all copies of the carrier’s bill of lading at time of delivery. We cannot be responsible for damaged merchandise that is signed for as free and clear of damage.  You must report any concealed damage directly to the carrier according to their deadline and claim conditions. Please note that concealed damage not reported to the carrier according to their time requirements and instructions, and failure to save the original carton for inspection may result in your claim being denied. Carriers require that original packaging materials are to be retained for ALL damage claims, concealed or otherwise. Claims cannot be filed with out the original carton. The freight carrier is responsible for loss or damage and all claims must be processed through them. By signing the delivery receipt, you acknowledge that the shipment was received in good condition and without shortage or damage.

It is your responsibility to confirm order is complete. You are responsible to unpack, assemble, transport inside facility, connect and install equipment purchased unless provided under separate agreement. If freight carrier attempts a delivery, and is unable to due to reasons under the customer’s control, redelivery fees may apply. If delivery address changes once an item has been shipped, additional fee’s may be charged by the freight company for what is termed re-consignment. If you refuse or cancel an order after delivery and a return authorization is granted, you will be responsible for round trip freight of the merchandise plus any cancelation, restocking and applicable storage and restocking fees. Residential deliveries may require additional shipping fees.

Some or all of the above disclaimers, exclusions or limitation of warranty may not apply and you may have additional rights based on certain state laws that do not allow these limitations. You may obtain any additional information concerning our refund and return policy, including our mailing address, by contacting us at info@restaurantappraisals.net.

39. You agree, by visiting and viewing restaurantappraisals.net, that the laws of the state of Ohio will govern this TERMS OF SALE AND USE AGREEMENT and any dispute that might arise between you and Quicquaro & Associates, LLC

40. Any change to the TERMS OF SALE AND USE AGREEMENT as stated above must be confirmed in writing from Quicquaro & Associates, LLC

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