These Terms of Sale govern all sale transactions between Chefs’ Toys, LLC or the applicable affiliate identified in an Order (each, for purposes of the applicable transaction, “Chefs’ Toys”) and the customer purchasing goods or services (“Customer”). A transaction with an affiliate is a two-party agreement solely between Customer and that affiliate, and Customer shall look solely to that affiliate for performance and claims arising from the transaction. If an executed written agreement between Chefs’ Toys and Customer governs the applicable transaction, that agreement controls. In the event of a conflict, the following order of precedence applies: (a) an executed written agreement between Chefs’ Toys and Customer; (b) Order-specific terms included in an accepted Order or expressly agreed to in writing by an authorized representative of Chefs’ Toys; and (c) these Terms of Sale. Any terms contained in Customer-provided purchase orders or other documents are rejected and have no force or effect unless expressly accepted in writing by an authorized representative of Chefs’ Toys. No course of dealing, course of performance, or usage of trade will supplement or modify these Terms of Sale or an Order.

1. Acceptance

Chefs’ Toys’ acceptance of an order, purchase order, quote, checkout transaction, bid award, service request, or other request for goods or services (each, an “Order”) is subject to Customer’s assent to these Terms of Sale. Customer accepts these Terms of Sale by submitting an Order, completing checkout, accepting delivery or performance, or paying an invoice. Orders, acceptances, notices, and other communications may be transmitted electronically, including by email or electronic signature platform, and will be binding to the same extent as written communications. An automated acknowledgment, receipt, or order-confirmation email confirms only that Chefs’ Toys received the Order and does not constitute acceptance where further review, availability confirmation, fraud review, credit approval, or other verification is required.

2. Canceling or Changing an Order

Because orders may move quickly into warehouse or supplier processing, Chefs’ Toys cannot guarantee that an Order can be changed or canceled after submission. Customer should contact Chefs’ Toys promptly to request a change or cancellation. Once an Order has been processed or committed, the available remedy may be a return, if permitted under Section 14. Fabricated, custom-manufactured, special-order, final-sale, or otherwise non-cancelable Goods may not be canceled once production, procurement, or other commitment has begun.

3. Credit

Chefs’ Toys may, but is not obligated to, grant credit terms. Acceptance of any Order is subject to final credit approval and any applicable credit application or agreement. Chefs’ Toys may cancel or suspend any sale if it reasonably determines that Customer may be unable to pay when due.

4. Shipment, Delivery & Risk of Loss

If Customer selects or specifies the carrier, Chefs’ Toys’ responsibility for physical loss or damage to Goods ceases when the Goods are delivered in good condition to the carrier. If Chefs’ Toys selects the carrier, Chefs’ Toys’ responsibility for physical loss or damage ends upon delivery in good condition to Customer’s ship-to location, except as otherwise stated in the Order. Where Goods are placed into storage at Customer’s request or because Customer is not ready or able to receive them, risk of loss transfers to Customer upon delivery to the storage location. Title to Goods remains with Chefs’ Toys until payment in full, subject to applicable law.

5. Inspection

Customer shall inspect Goods at delivery and, where feasible, note visible shortages, damage, or nonconformity on the shipping documentation. Customer shall notify Chefs’ Toys in writing of any missing, damaged, or nonconforming Goods within five (5) days after delivery. Inspection does not limit rights under applicable manufacturer warranties for latent damage or defects not reasonably discoverable at delivery.

6. Delays, Availability & Corrections

Chefs’ Toys is not liable for delays or failures caused by matters outside its reasonable control, including manufacturer or supplier delays, transportation disruptions, material shortages, tariffs, third-party price increases, labor disruptions, governmental action, severe weather, or other force majeure events. Chefs’ Toys will use commercially reasonable efforts to accommodate schedule changes and may, as appropriate: (i) invoice Customer for issued invoices and committed amounts; (ii) charge reasonable storage or handling costs attributable to delay; (iii) pass through third-party price increases; (iv) propose substitute suppliers, manufacturers, or delivery methods; or (v) cancel an Order where performance is commercially impracticable or availability cannot be confirmed. Chefs’ Toys may correct pricing, quantity, tax, availability, or other errors and may cancel or refuse an Order affected by an obvious or material error. Customer will be notified promptly of any material correction. For a transaction in which an individual acquires Goods or Services primarily for personal, family, or household purposes, Chefs’ Toys will obtain Customer’s agreement before applying a material post-Order price increase; if Customer does not agree, either party may cancel the affected portion, and any amount collected for that canceled portion will be refunded or credited as appropriate.

7. Cost of Delivery, Taxes & Other Charges

Customer shall pay applicable delivery, shipping, handling, storage, installation, set-in-place, liftgate, inside-delivery, and similar charges shown on the Order, at checkout, or otherwise disclosed before performance. Shipping promotions and eligibility criteria may vary by product, destination, order value, delivery method, or other disclosed criteria. Customer shall also pay all applicable sales, use, excise, similar taxes, tariffs, duties, or governmental charges imposed on the transaction, excluding taxes on Chefs’ Toys’ net income. Tax estimates shown during checkout may be adjusted where required by law or based on the final delivery information.

8. Customer Pick-Up

If Goods are designated for customer pick-up, Customer should not arrive until Chefs’ Toys confirms that the Goods are ready. Chefs’ Toys may require reasonable proof of identity, order information, and authorization before releasing Goods. Unless otherwise stated in the Order, pickup notice, or Return Policy applicable to the Order, pick-up must occur within thirty (30) days after Customer is notified that the Goods are available, and Goods not timely picked up may accrue storage fees at the rate of $100 per day, subject to applicable law. Goods not picked up within ninety (90) days may, after any notice required by applicable law, be returned to inventory, resold, or otherwise disposed of in accordance with applicable law. Chefs’ Toys may apply any proceeds to storage charges and other amounts due; any surplus will be handled as required by applicable law, and Customer remains liable for any deficiency.

9. Fabricated, Custom & Special-Order Goods

Fabricated, custom-manufactured, configured, personalized, special-order, or similarly committed Goods may not be canceled or returned once production, procurement, or other commitment begins, unless Chefs’ Toys expressly approves an exception in writing, including through a Return Merchandise Authorization (“RMA”). Customer is responsible for all costs and fees incurred in connection with such Goods in accordance with the Order.

10. Product Information, Compliance & Suitability

Chefs’ Toys is a distributor and reseller, not the manufacturer of most Goods. Product descriptions, specifications, images, drawings, dimensions, availability information, compatibility information, and manufacturer materials are provided for convenience and may be supplied by manufacturers or other third parties. Images are illustrative and should not be relied upon for exact measurements, finishes, configurations, or site requirements. Except to the extent expressly stated in an Order, Chefs’ Toys does not independently warrant that any Good is suitable for Customer’s intended use, premises, utilities, code requirements, or regulatory requirements. Customer is responsible for confirming site conditions, utilities, permits, compatibility, and legal requirements applicable to its use, installation, resale, or operation of the Goods.

11. Commercial Use; Consumer Transactions

Chefs’ Toys primarily sells commercial foodservice equipment and supplies. Where Customer purchases Goods or Services for professional or commercial use, Customer acknowledges that the transaction is a commercial transaction. Nothing in these Terms waives any non-waivable rights that apply to an individual consumer under applicable law.

12. Manufacturer Warranties; Limited Warranty

Chefs’ Toys  will make available to Customer any assignable manufacturer warranties applicable to Goods. Unless otherwise expressly stated in an Order, Chefs’ Toys does not provide any independent product warranty, and the only product warranties applicable to Goods are those, if any, provided in writing by the manufacturer. Any manufacturer warranty descriptions appearing on the Website or in marketing materials are provided for informational purposes only, and the manufacturer’s actual warranty terms control. Chefs’ Toys is not responsible for a manufacturer’s denial, administration, or performance of a manufacturer warranty claim. EXCEPT FOR ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED OR LIMITED, CHEFS’ TOYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Payment

Payment is due as stated in the Order or, if not stated, within thirty (30) days of invoice. Chefs’ Toys may impose a convenience fee or other payment-processing charge for credit card payments not exceeding Chefs’ Toys’ cost of acceptance, except to the extent prohibited by applicable law or payment-network rules. A finance charge equal to the lesser of 1.5% per month or the highest rate permitted by law may be assessed on past-due balances. Chefs’ Toys may suspend or cease further shipment or services, cancel pending Orders, and recover reasonable collection costs and attorneys’ fees incurred to collect undisputed past-due amounts, to the extent permitted by law.

14. Returns

Returns are also subject to the Return Policy posted on the Website and in effect when the Order is placed, which supplements this Section. Unless a different return condition is disclosed on the product page, at checkout, in the Order, or in the applicable Return Policy, eligible Goods must be returned in new condition within thirty (30) days after delivery and are subject to Chefs’ Toys’ and/or its suppliers’ acceptance. Customer must obtain an RMA before returning Goods unless Chefs’ Toys waives that requirement in writing. Customer is responsible for return packaging, shipping, handling, and applicable restocking fees. Fabricated, custom-manufactured, special-order, clearance, final-sale, used, opened, or otherwise designated non-returnable Goods may not be returned or canceled unless Chefs’ Toys expressly approves an exception in writing. Product-specific return restrictions disclosed before purchase are incorporated into the Order.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CHEFS’ TOYS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF USE, BUSINESS INTERRUPTION, FOOD SPOILAGE, INVENTORY LOSS, DAMAGE TO GOODWILL OR REPUTATION, LOSS OF DATA, OR REPROCUREMENT COSTS, ARISING OUT OF OR RELATING TO THE GOODS, SERVICES, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHEFS’ TOYS’ TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APPLICABLE GOODS OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO CHEFS’ TOYS FOR THE APPLICABLE GOODS OR SERVICES. Nothing in this Section limits liability to the extent such limitation is prohibited by applicable law.

16. Assignment

Customer may not assign an Order or its rights or obligations without Chefs’ Toys’ prior written consent. Chefs’ Toys may assign an Order or these Terms to an affiliate, successor, or acquirer in connection with a merger, reorganization, sale of assets or equity, or similar transaction.

17. Security Interest

Until payment in full is received, Customer grants Chefs’ Toys a security interest in the Goods sold to Customer and all related rights to payment and insurance proceeds. Customer authorizes Chefs’ Toys to take actions reasonably necessary to perfect and enforce that security interest, including filing UCC financing statements, to the extent permitted by law.

18. Disputes

Any controversy or claim arising out of or relating to these Terms or an Order shall be resolved as follows. If Customer is an individual acquiring Goods or Services primarily for personal, family, or household use, the dispute shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Consumer Due Process Protocol. Consumer filing fees and arbitration costs will be allocated under those rules, and any in-person hearing will occur at a location reasonably convenient to Customer or remotely, as permitted by the rules and applicable law. Either party may bring an individual claim in a court of competent jurisdiction that qualifies as small claims court. All other disputes shall be settled by binding arbitration administered by the AAA under its Commercial Arbitration Rules before a single arbitrator in Boston, Massachusetts, unless the parties agree otherwise. These Terms and any arbitration are governed by Delaware law, without regard to conflict-of-law principles, except that mandatory consumer-protection laws of Customer’s state of residence apply to the extent required. The parties will proceed only on an individual basis, and class, collective, or representative arbitration is not permitted to the fullest extent permitted by law. The arbitrator may award attorneys’ fees and costs only where authorized by applicable law or the governing AAA rules. Either party may seek interim injunctive or attachment relief from a court of competent jurisdiction to preserve rights pending arbitration.

19. Compliance with Laws

Customer shall comply with applicable federal, state, and local laws in connection with its purchase, receipt, use, resale, export, and installation of Goods and Services, including applicable export-control, economic-sanctions, and anti-corruption laws. Customer shall not use, transfer, export, re-export, or otherwise make Goods available in violation of such laws and is responsible for obtaining required licenses, permits, and approvals.

20. General

Modifications or waivers must be in writing and authorized by Chefs’ Toys. Failure to enforce a right is not a waiver. Updates apply only to Orders placed after their effective date unless otherwise agreed in writing. If a provision is invalid or unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain effective. Sections 12, 13, 15, and 17–20 survive expiration or termination.

 

Last updated: August 28, 2026