RestaurantPlus (RPLUS) Terms & Conditions

1. This Agreement
   Is made between RestaurantPlus LLC (referred to as "RestaurantPlus" or "RPLUS") and the Customer (referred to as “Customer”, “You” or “Buyer”).
    

2. Cabling, Connectors & DSL/Cable Router
   The Customer is responsible for installing network cabling, connectors and a DSL/Cable Router with sufficient plug-in connections for network cables to each computer, router, POS station, kitchen display system, printer and/or print server, etc. All wired network hardware requires Category 5 or Category 6 network cables and proper electrical line conditioning.
    

3. DSL or Internet Cable Line
   The Customer is responsible for installing a dedicated DSL or Internet Cable line into one computer (usually into the back office computer) for credit card processing and remote support connection.
    

4. Electrical
   The Customer is responsible for providing dedicated electrical outlets for each computer, router, POS station, kitchen display system, printer and/or print server, separate credit card terminal, etc., including proper line conditioning by installing surge protectors and/or battery backup hardware with built-in surge protection.
    

5.  Battery Backup Hardware
   The Customer is responsible for purchasing battery backup hardware (we recommend installing a UPS Power Backup device at each POS station, prep printer station and separate credit card terminal). UPS Power Backup devices can be purchased at any office supply store.
    

6. Supplies
   The Customer is responsible for purchasing printer supplies such as 3-inch thermal & non-thermal paper rolls for receipt and remote prep printers and replacement printer ribbons for kitchen prep station printers, paper rolls for bar code printers, etc.
    

7. Anti-Virus Software
   The customer is responsible for purchasing anti-virus software for each computer (we recommend using VIPRE anti-virus from Sunbeltsoftware.com.)
    

8. Monitor for back office computer/file server
   Monitor for back office computer/file server is not included in proposal.
    

9. POS (Point of Sale) System Bundles
   POS system bundles include POS-X POS touch terminal with MS Windows XP, RestaurantPlus software license and POS-X USB thermal receipt printer. 
    

10. Back Office File Server
    There will be an additional $250 setup & configuration fee for any customer providing their own back office file server. RPLUS support staff is responsible for installing RestaurantPlus restaurant software and linking it to front POS stations only.
     

11. Credit Card Processing
    RestaurantPlus restaurant software does not provide an interface to any credit card processors.  You must use a separate credit card processing terminal to process credit cards then close the check in RestaurantPlus. For more information about credit card processing and/or to obtain new credit card merchant services, call RPLUS sales department at: (302) 416-4646 Mon-Fri, 8:00am-5:00pm East Coast Time.
     

12. Payment Terms

    RPLUS agrees to sell you and you agree to buy from RPLUS the products, services and software (the “Products”) as described and under the conditions shown in this Agreement. Payment in full of the price set forth on the price quote proposal is due prior to shipment of products. RPLUS incurs no obligation whatsoever under this Agreement until the price set forth is paid in full.

     

13. Payment Methods:
     
    To order products you need to get a price quote. To qualify for our wholesale prices you must use one of the cash payment methods shown on your price quote. Based on our low profit margins, credit cards are not accepted.
     

14. Shipping Methods:
     

    Shipments Inside of Continental United States: Customer is responsible for all shipping costs plus duty. Backordered items are shipped as soon as available from supplier. Ownership passes to customer as soon as products are delivered to the shipper or are delivered electronically. Tracking numbers and delivery confirmation are provided by request only. Allow up to 10 days for delivery. UPS Ground and/or FedEx Ground is used for point of sale hardware products drop-shipped directly from supplier warehouse to customer inside continental U.S.A. Ground shipments are not available to customers outside of continental U.S.A.
     
    Shipments Outside of Continental United States: We use FEDEX AIR to ship overseas to some countries. If FEDEX does not deliver to your country then you must locate a freight forwarding company inside the United States for us to ship products to. Allow several weeks for delivery. The freight forwarder will forward products to your shipping location, handle paperwork, customs, etc.
     

15. Sales Tax Policy
    CUSTOMER HAS READ AND ACCEPTS RPLUS SALES TAX POLICY
     

16. Replacement Policy
    CUSTOMER HAS READ AND ACCEPTS RPLUS REPLACEMENT POLICY
     

17. Return Policy
    THERE IS A 25% RESTOCKING FEE FOR ALL RETURNED ITEMS. CUSTOMER IS RESPONSIBLE FOR ALL SHIPPING & INSURANCE COSTS. CUSTOMER HAS READ AND ACCEPTS RPLUS RETURN POLICY
     

18. Support Policy
    CUSTOMER HAS READ AND ACCEPTS RPLUS SUPPORT POLICY
     

19. Onsite Installation and Support
    The customer is responsible for payment of all travel expenses (including airfare, hotel mileage and/or rental car). Customer may be asked to help locate a hotel room near the job site at a cost not to exceed $125/per night. Customer must provide meals & beverages to RPLUS support technician during the installation. Customer must pay for any cost incurred due to travel arrangements being changed at customer's request. RPLUS requires 3-weeks advance notice to schedule onsite installation.
     

20. Software Evaluation & Acceptance
    CUSTOMER AGREES TO (1) EVALUATE RESTAURANTPLUS SOFTWARE BY REQUESTING A DEMO, OR (2) REVIEW PRODUCT SPECIFICATIONS, FEATURES, SYSTEM REQUIREMENTS AND ALL OTHER PRE-SALES INFORMATION IN ORDER TO EVALUATE RESTAURANTPLUS SOFTWARE PRODUCTS PRIOR TO PURCHASE. CUSTOMER AGREES THAT ONCE INSTALLED AND ACTIVATION CODES HAVE BEEN ISSUED THERE IS NO REFUND AVAILABLE FOR RPLUS SOFTWARE PRODUCTS OR SUPPORT SERVICES. 
     

21. No Warranties
    RPLUS IS SELLING SOFTWARE & HARDWARE PRODUCTS TO YOU “AS IS”. YOU ACKNOWLEDGE THAT RPLUS DOES NOT MANUFACTURE SOFTWARE OR  HARDWARE PRODUCTS. HOWEVER, THE MANUFACTURES OF SOFTWARE & HARDWARE PRODUCTS DO PROVIDE PRODUCT WARRANTIES.
     

22. Software Disclaimer
    SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. RPLUS obligations with respect to software products and services it sells are governed solely by the agreements under which they are provided. RPLUS further does not warrant the accuracy and completeness of the software or services. The software developer may make changes to the software and services or to product prices at any time without notice. The entire risk arising out of the use or performance of the product remains with the customer.
     

23. Limitation of Liability
    IN NO EVENT WILL RPLUS, ITS SUPPLIERS, OR OTHER THIRD PARTIES, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE THE SOFTWARE PRODUCTS, OR THE RESULTS OF USE, OR DOCUMENTATION MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ITS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT RPLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
     

24. Time Limit to Bring Action
    Despite any statute or law to the contrary, any controversy or claim arising from or relating to this agreement (whether by Contract, tort, or both) including breach of this agreement shall be brought within one year after it arises.
     

25. Applicable Law
    This Agreement and dispute arising from the relationship between the parties to this Agreement shall be governed by California law.
     

26. Entire Agreement
     
    This Agreement and all Attachments and Policies referred to in this Agreement constitutes the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the purchase and sale of the Products and supersedes all prior and contemporaneous understandings or agreements of the parties.
     

27. Severability of Agreement
    
    If an Arbitrator or court of competent jurisdiction holds any provisions of this Agreement to be illegal, unenforceable or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions or portions of them will not be affected.
     

28. Attorneys Fees and Costs
    In any litigation, arbitration, or other proceeding by which one party seeks to enforce its rights under this Agreement (whether in Contract, tort, or both) or seeks to enforce its rights under this Agreement. The prevailing party shall be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve and to enforce the final judgment.