Terms of Service

Effective Date: June 1, 2026

These Terms of Service ("Terms") govern the purchase and sale of foodservice equipment and related products ("Products") through this website (the "Site") operated by Asbury World Wide ("Company," "we," "us," or "our"). By accessing the Site or placing an order, you agree to be bound by these Terms. If you do not agree, do not use the Site or place an order.

1. Scope of Sales

All Products sold through this Site are intended for commercial foodservice use only. Products are not designed, tested, or warranted for residential or consumer use. Buyer represents and warrants that all Products purchased will be installed and operated in a commercial foodservice environment.

2. Eligibility and Authority

By placing an order, you represent that you are at least 18 years of age and have the authority to bind the business or entity on whose behalf the purchase is made.

3. Pricing and Payment Terms

  • All prices are listed in U.S. Dollars unless otherwise stated.
  • Prices, specifications, and availability are subject to change without notice.
  • Payment is due in full at the time of order unless otherwise agreed to in writing.
  • We reserve the right to cancel or refuse any order for any reason, including pricing errors, inventory limitations, or suspected fraud.

Taxes, duties, customs fees, and similar charges are the responsibility of the Buyer unless expressly stated otherwise.

4. Order Acceptance

An order is not binding until accepted by Company. Order confirmation emails do not constitute acceptance. We reserve the right to cancel any order prior to shipment.

5. Shipping, Delivery, and Risk of Loss

  • Shipping dates are estimates only and not guaranteed.
  • Title and risk of loss pass to Buyer upon tender of Products to the carrier (FOB Shipping Point), unless otherwise stated in writing.
  • Buyer is responsible for all freight costs unless otherwise agreed.
  • Buyer must inspect shipments immediately upon delivery.

Freight Claims: Any visible damage or shortages must be noted on the delivery receipt at time of delivery. Concealed damage must be reported to Company in writing within 48 hours of delivery. Failure to comply may result in denial of claims.

6. Installation and Utilities

Buyer is solely responsible for proper installation, utility connections, ventilation, and compliance with all applicable local, state, and federal codes. Improper installation may void applicable warranties.

7. Returns and Cancellations

  • All returns and order cancellations require prior written authorization from Company.
  • Authorized returns are subject to restocking fees, freight charges, and inspection.
  • Custom, special-order, private-label, or made-to-order Products are non-cancellable and non-returnable.
  • Products must be unused, uninstalled, and in original packaging to be eligible for return.

Refunds, if approved, will be issued in the original form of payment less applicable fees.

8. Warranties

  • Products may be covered by a manufacturer’s limited warranty, if applicable.
  • COMPANY MAKES NO IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  • Warranty service, where applicable, is subject to the manufacturer’s terms, conditions, and procedures.
  • Labor, travel, expedited freight, misuse, neglect, improper installation, or unauthorized repairs are not covered unless expressly stated.

9. Limitation of Liability

To the maximum extent permitted by law:

  • Company shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of business, or downtime.
  • Company’s total liability for any claim shall not exceed the purchase price paid for the Product giving rise to the claim.

10. Indemnification

Buyer agrees to indemnify, defend, and hold harmless Company from and against any claims, damages, losses, liabilities, and expenses arising out of Buyer’s use, installation, resale, or operation of the Products.

11. Force Majeure

Company shall not be liable for delays or failure to perform due to events beyond its reasonable control, including but not limited to acts of God, labor disruptions, supply chain interruptions, governmental actions, or transportation delays.

12. Intellectual Property

All Site content, including text, images, logos, and specifications, is the property of Company or its licensors and may not be used without prior written consent.

13. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any legal action shall be brought exclusively in the state or federal courts located in Florida.

14. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Modifications

Company reserves the right to modify these Terms at any time. Updated Terms will be posted on the Site and will apply to orders placed after the effective date.

16. Contact Information

Asbury Worldwide
Info@mercatorfs.com
954.292.7171

 

Checkout Acknowledgment Clause (Recommended):
By placing this order, I acknowledge that I am purchasing commercial foodservice equipment for business use only and agree to Asbury World Wide’s Terms of Service, Returns Policy, and Warranty Policy, including provisions related to freight delivery, risk of loss, installation requirements, restocking fees, and warranty limitations.
Note: Can this be set up in the shopping cart and checked before the order is processed in the System ?