Terms and Condition

Ownership of the Web site

All pages within the Middleby Advantage website www.middlebyadvantage.com (the “Web site”) and any material made available for download is owned and operated by Middleby Advantage Fulfillment, LLC (“Middleby Advantage”) on behalf of The Middleby Corporation. This Web site is protected by United States and international copyright and trademark laws. The Contents of the Web site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Web site (“Content") may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved in writing by Middleby Advantage. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Middleby Advantage without our express written consent. Additionally, you may not use manual or automated software, devices, scripts, robots, spiders, other means or processes to access, “scrape," “crawl", retrieve, or index any portion of the Web site or the Content.

Submissions, Reviews, Feedback and other Postings to the Web site

If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Web site ("Submissions"), you agree that Middleby Advantage shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however Middleby Advantage desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Middleby Advantage is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions. Middleby Advantage does not regularly review Submissions, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Web site. You are and shall remain solely responsible for the content of any Submissions. Middleby Advantage and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party, and you agree to defend, indemnify and hold Middleby Advantage harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Middleby Advantage arising out of any Submissions.

Pricing

Prices listed are wholesale, do not include freight, handling fees, taxes, or duties, and are subject to correction or change without notices.

Sales Tax

You are responsible for all applicable taxes or for providing valid sales tax exemption certificates.

Payment Terms

Middleby Advantage accepts Visa, MasterCard, American Express, and Discover. If you have established Middleby Advantage credit, checks are also accepted and payment terms are net 30 days from the date of shipment or pick-up. If you fail to make payment within 30 days, Middleby Advantage may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped orders. Delinquent balances over 30-days will accrue interest at a rate of 1.50% per month. Purchaser agrees to pay the cost of any and all expenses incurred by Middleby Advantage to collect past due sums, including but not limited to legal, collection and court costs.

Credit Balance

You agree that any credit balances will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND MIDDLEBY ADVANTAGE SHALL HAVE NO FURTHER LIABILITY.

Shipping Charges

Products are shipped F.O.B. shipping point with freight costs and handling fees charged to you. COD shipments are not permitted. Other terms and conditions may apply to special orders including freight collect, export orders, hazardous materials, etc. If product is damaged in transit, you must file claim with the carrier.

Force Majeure

Middleby Advantage shall not be liable for any delay in or impairment of performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, shortages, inability to procure product, supplies of raw materials, severe weather conditions, or any other circumstances or cause beyond the control of Middleby Advantage in the conduct of its businesses.

Product Substitution

Products may be substituted by the manufacturer and may not always exactly match descriptions and/or images.

Disclaimer of Warranties

MIDDLEBY ADVANTAGE OFFERS THE PRODUCTS, THIS WEB SITE, AND ANY AFFILIATED APPLICATIONS AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MIDDLEBY ADVANTAGE DOES NOT WARRANT THAT THIS WEB SITE AND ANY AFFILIATED APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE THIS WEB SITE AND ANY AFFILIATED APPLICATIONS WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE AND ANY AFFILIATED APPLICATIONS USED BY MIDDLEBY ADVANTAGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIDDLEBY ADVANTAGE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THIS WEB SITE AND ANY AFFILIATED APPLICATIONS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Cancellation

Any cancellation must be approved by Middleby Advantage, and may be subject to restocking and other charges.

Product returns

Email [email protected] for instructions on how to return product. Middleby Advantage will not accept any returns without prior approval or consent, which will be given or withheld at Middleby Advantage's discretion. A restocking fee will apply for most returns. No returns will be accepted beyond 90 days of purchase. Special orders may not be cancelled or returned.

This document embodies the entire agreement between the parties, and no oral agreement or conversation shall be held to alter the provisions hereof, with the exception of modifications initiated by Middleby Advantage upon providing thirty (30) days written notice of same.

About Middleby Advantage

Middleby Advantage is the brand for all of your Middleby aftermarket needs. Our business is making your business with us as easy and seamless as possible. In addition to providing factory direct service parts we have a nationwide service network that can act as a one stop shop for all of your service needs. We offer creative solutions for all of your purchasing, installing, and other challenges. Need an easier way to purchase and service your equipment? Give us a call to see what we can do.