GENERAL TERMS, POLICY AND CONDITIONS
The following terms and conditions apply to your purchase of parts, service, and equipment from Cook & Beals, Inc. When placing an order with Cook & Beals, Inc., you are entering into an agreement and are bound by these terms and conditions. Cook & Beals, Inc. (also means “us”, “our” and “we”) is a Nebraska corporation with its business office located at 221 S. 7th Street, Loup City, Nebraska 68853. The Customer (also means “you” and “your”), are agreeing to these terms and conditions when purchasing parts, service, equipment, or requesting assistance.
Check all orders immediately upon receipt and contact us within 10 (ten) business days on any discrepancies, or we cannot be responsible for errors.
You must be 18 years of age or older to place an order with Cook & Beals, Inc. When placing an order, you are making an agreement to purchase the products you have ordered and agree to our terms, conditions and requirements. Your order is subject to approval and availability, and we reserve the right to refuse for any reason, including credit history, shipping and billing addresses, large or unusual requests. Small parts orders will be prepaid or invoiced, and shipped or readied for pick up. If your equipment pre-order has been approved, you will receive an oral or proforma invoice noting our terms and conditions of sale. Proforma invoices are subject to payment terms and are timely; failure to comply with the terms and conditions may invalidate your purchase agreement. All parts and equipment pricing are subject to change, and product availability.
Cancellation of Order
Once an order has been placed for parts, equipment or services, you have the right to cancel or modify until such time as the order has shipped or been pick up, or in case of customization. Once the order has departed Cook & Beals, Inc., your order can only be changed through our Returned Merchandise policy (see below). Additional costs as a result of modifications, customization or changes, are your responsibility.
Pricing and Payment
All parts, services and equipment manufactured and/or sold by us will be invoiced to you according to current pricing in effect at time of shipment. Pricing is subject to change without notice. All equipment must be paid in full prior to shipping or loading out from our plant. All invoices payable to Cook & Beals, Inc. in US funds within 30 days to avoid finance charges at current rate. We accept Check, Money Order, Visa, MasterCard and Wire transfer. If paying by credit card or wire, fees may apply. Restrictions may apply to delinquent accounts. Export shipments must be paid in US funds by certified check or wire transfer. Contact us for payment details.
Merchandise can be returned within thirty (30) days from original invoice. If after (30) days, merchandise can only be returned pursuant to our limited warranty terms. All returns must meet the following conditions: Item must be in original packaging and include all items and packing included with original product, must be in new condition, and must include original invoice. All returns may be subject to a 10% restocking fee. You are responsible for all shipping and handling charges to return the product.
Cook & Beals, Inc. guarantees its equipment to be free of defects in material and workmanship to original purchaser as long as the goods are used in accordance with our instructions for use, operation and care. If within twelve (12) months of purchase, you feel an item to be defective, you will provide written notice of the claimed defect with a detailed description, item(s) noted to be defective and application resulting in said defect, to include all facts leading up to complaint. Our liability under this limited warranty is limited to providing replacement parts, materials, labor and service, or repair at our plant for which has been determined by us to be defective. Warranty does not cover shipping, damage to equipment arising from climate conditions, alteration, abuse, misuse or use of product for other than its intended purpose. You are responsible for all shipping and handling charges of defective parts or equipment to our plant. Warranty is non-transferable. Used equipment sold by Cook & Beals, Inc. has been inspected, repaired and/or rebuilt as needed and has the same warranty as new equipment, with the exception of electrical components to include, but not limited to, motors, air conditioners, variable frequency drives, programable logic controllers, sensors and switches.
The limited warranty in this section shall replace any and all other warranties, expressed or implied, including but not limited to, any implied warranty for a particular purpose or application. Your warranty remedy, or solution, at our option, will be repair or replacement by us of any defective or nonconforming part(s) for which a warranty claim has been made, or refund to you for the portion of the nonconforming part(s) of the purchase price paid by you. We are not liable, under any circumstances, for damages, direct or indirect, or having resulted to damage or loss of profits, sales, or injury to people, real or personal property. Our liability to you under this warranty, shall not exceed the purchase price of the parts, service or equipment noted on your original invoice. Any modifications or customizations made to Cook & Beals, Inc. Honey Extraction Equipment (machines) after leaving manufacturers facility are the sole responsibility of you, not Cook & Beals, Inc. Unauthorized modifications or customization may void manufacturer’s warranty. Please contact manufacturer prior to modification or customization.
Freight Charges (F.O.B.).
You are responsible for paying all shipping and handling charges per the shipping method you select, plus all applicable taxes and duties. Freight quotes are available upon request; should you decide to arrange your own freight, dock and documentation fees will be assessed on a shipment-by-shipment basis. When shipping is coordinated by Cook & Beals, Inc. dock and documentation fees are included in your quote. We are available for freight pickup and receiving during normal business hours (please call ahead if arranging your own freight delivery or pickup to ensure availability). All freight charges, unless otherwise stated, are your responsibility.
Orders for Export
We are pleased to quote orders for export. You agree to all export laws. You agree not to export any products to any country in violation of any export control laws without first obtaining any necessary license or approval. You warrant that you are not located in, under the control of, or a national or resident of any country to which the export of the product(s) is prohibited by export control laws. Quotes can include special packaging and shipping at customer’s request. Cost of freight (COF) can be quoted when port is designated. Payment in full must precede shipment. Export shipments must be paid in US funds by certified check or wire (contact our office for wiring instructions).
All merchandise is shipped “FOB Shipping Point.” This legal term simply means that all merchandise becomes your property as soon as the freight carrier takes possession/loads out. The freight carrier is responsible for the complete and safe delivery of your merchandise. It is your responsibility to thoroughly inspect the merchandise when it is delivered. If the freight carrier fails to deliver your merchandise in good condition, it is your responsibility to file a damage or loss claim with the freight carrier. Please call us if you need assistance in filing a claim. We are not liable for any losses or damages resulting from any delays in shipping or damages occurring during shipping.
Local, State or US Federal government taxes now in effect, or hereafter required, on product(s), services, or other good(s) ordered or sold shall be charged to and paid by you. Sales tax exemptions may be allowed if you present a signed Certificate of Resale or an Exemption Certificate. State law requires that we have certificates on file before any tax exemption can be allowed. Please consult your accountant or local department of revenue for further assistance. You are responsible for any customs duties or other fees payable upon import or the products into your country. Because these duties and fees can vary and change over time, we recommend that you check on such duties or other fees before placing your order. Should you refuse delivery of your shipment, you will be responsible for the return freight/shipping charges back to us.
Any claim that products do not conform to the specifications of the equipment order must be made in writing within ten (10) days after delivery of the equipment. We reserve the right to make any changes, at our discretion, or that we consider necessary, for the safety of you and the operability of the equipment. The measurements, dimensions, and drawings of our equipment are an approximation. Equipment will not be accepted or returned without our prior written approval. Because conditions of use are beyond our control, we make no warranty or representation, express or implied, except that all products conform to the description provided by us on sales literature or product labels.
Many states and localities have codes and regulations governing sales, construction installation, and/or use of products for certain purposes. While we attempt to assure that our products comply with such codes, we cannot guarantee compliance in every situation. We cannot be responsible for how the product is installed or used. Before you purchase and use a Cook & Beals, Inc. machine/product, please review both the product application, local codes and regulations. Purchaser is responsible for the product, its installation, and use with regards to local codes and regulations.
If our performance is delayed or made impracticable or burdensome by any cause beyond our control including, but not limited to, acts of God, fire, flood, explosion, vandalism, sabotage, riot, terrorism, act of war and military action, insurrection, cyber incident, severe weather, curtailment or termination or disruption of our regular sources of supplies, inability to obtain or a delay in obtaining licenses, permits, materials or equipment, your own acts or omissions, or fraud, or the acts of omissions , or fraud, of your agents or representatives, shipping delays, strikes or other disputes involving our suppliers or any existing or future laws or acts of any government or regulatory body, then we shall be excused from performance to the extent that and for so long as such performance is delayed or made impracticable or burdensome by such causes, and furthermore, we may adjust the price of products or services without notice as a result of such events or incidents.
Governing Law/Consent to Jurisdiction
This agreement is entered into in Loup City, Nebraska and the laws of the State of Nebraska shall govern the validity, interpretation and enforcement of the agreement and the rights, duties and interests of the parties. You hereby submit to the jurisdiction of the state and federal courts for the state of Nebraska, county of Sherman, and said courts shall have exclusive jurisdiction and venue to adjudicate the rights and obligations of the parties relating to any manner to this agreement.
In the event a dispute shall arise between the parties to this agreement, the parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration & Mediation prior to filing any litigation. The parties agree to share equally in the costs of the mediation. The mediation shall be administered by Central Mediation Center 412 West 48th Street Suite 22, Kearney, NE 68845, telephone 308-237-4692.
You are responsible for all amounts due for open invoices, statements and account balances. You are responsible for courts costs, attorney’s fees, travel expenses, expenses incurred by us to take possession of, to collect monies due on past due invoices, statements or open accounts for unpaid balances. You agree to not permit any liens to attach to Cook & Beals, Inc. honey extraction equipment, that may impair your satisfaction of any amounts due on account for services, parts or equipment.