Terms & Conditions

SHIPPING TERMS; CLAIMS: F.O.B. Seller’s warehouse. Ownership is transferred to the Purchaser upon departure from Seller’s warehouse. Title and risk of loss or damage in transit shall pass to Purchaser at that time. Therefore, all shipping claims must be processed by the Purchaser with the shipping carrier and cannot be handled by Seller. Seller is not responsible for goods lost or damaged in transit. Purchaser is solely responsible for filing claims against the carrier for any loss or damage. Seller will furnish all available information, trace shipments to destination whenever possible and give any other reasonable assistance requested to assist the Purchaser in filing a claim. Claims for shortages in a shipment not chargeable against the carrier will not be considered unless notice is given within 10 days from the date of receipt of the product. 

 

SPECIAL ORDERS: Non-standard items not in stock with Seller that the Purchaser contracts with Seller to order the production of cannot be canceled, and the non-standard items are not returnable. 

 

TAXES: Hotel & Restaurant Supply is not required to collect sales and use tax in all states. If tax has not been calculated on your order, that does not mean that you do not have to remit use tax in your state. You need to check with your state's Sales Tax Office to determine if you are required to remit use tax on the items that you have purchased. If you have a current tax-exempt certificate for your state for the item(s) you are purchasing, please contact our office to discuss your order.

 

MANUFACTURER WARRANTIES: Hotel & Restaurant Supply will assign and/or make available to Purchaser all rights, if any, under applicable manufacturer warranties, and upon Purchaser request, we will obtain copies of manufacturer warranties and furnish them to Purchaser.

 

DISPUTES, GOVERNING LAW, VENUE: The validity, construction, and interpretation of these General Terms and Conditions, and any resulting contract, the sale of goods or materials or the performance of the work specified herein, and the rights and duties of the parties with respect to this Purchase Order, contract, sale, and performance shall be governed by the law of the State of Mississippi. In the event litigation is instituted hereunder, Purchaser consents to exclusive jurisdiction of any federal or state court situated in or serving the State of Mississippi,  as Seller selects in its sole discretion. The prevailing party shall be entitled to recover its attorney’s fees and court costs, together with any other relief awarded by a court of competent jurisdiction.