THE BOELTER COMPANIES

WEBSITE TERMS OF USE AGREEMENT

(Effective Date: June 10, 2010)

Acceptance of Terms

Your use of www.myboelter.com website (the "Website") is subject to the terms, conditions, and notices contained or referenced in this Terms of Use Agreement (the "Agreement"). Additional terms and conditions may govern your use of the Website, or The Boelter Company's ("Boelter") use of information you provide to Boelter, including the Boelter Privacy Policy located at: http://myboelter.com/privacy-policy

Modifications to Service

Boelter reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Website or any content contained therein for any reason and at anytime without notice to you. Boelter is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this Website.

Intellectual Property and Usage Restrictions

Unless otherwise indicated, all trademarks on this website are subject to trademark rights of Boelter, including product names, logos, and graphics. Certain product brand names are owned by their respective manufacturer or supplier. The arrangement and compilation of all content on this Website are the exclusive property of Boelter and are protected by U.S. and international copyright laws. All software used on this site is the property of Boelter or its software suppliers and is protected by United States and international copyright laws. You may not copy, reproduce, republish, post, distribute, transmit, or modify or otherwise use in any way any part of the Website without the express prior written consent of Boelter. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the site; to do so may subject you to legal liability. Boelter will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.

Website Content, Product Information and Website Errors

The Website and its content, including but not limited to prices, Product descriptions and images, and Product availability are subject to change without notice. Boelter makes no warranty or guarantee that the information on our website, including product descriptions, prices or other content is accurate, complete, reliable, current, or error-free. In the event content on the Website contains incorrect information, Boelter shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Boelter shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. Errors will be corrected where discovered, and Boelter reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. Boelter also reserves the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and payment processed. If your order is canceled after your payment has been processed, we will issue a full refund to the method of original payment. If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy located at http://myboelter.com/return-policy

Disclosure and Use of Your Communications

Any personal or business information provided to Boelter by you through the use of the Website will be maintained in accordance with Boelter's Privacy Policy located at: http://myboelter.com/privacy-policy You agree to be solely responsible for providing accurate, current, and complete information as requested by Boelter or its affiliates or service providers. Boelter is not responsible for inaccurate, false or incomplete information, except as stated in the Boelter Privacy Policy. You acknowledge and agree that any information submitted to Boelter via this Website is provided to Boelter on a non-proprietary, non-confidential basis.

Unsolicited Ideas

Boelter welcomes feedback, questions and comments about its products, services and this Website. As a general policy, Boelter does not accept unsolicited ideas for products or services through this Website. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to this Website by e-mail or otherwise are and shall remain the sole and exclusive property of Boelter and may be used by Boelter for any purpose whatsoever, commercial or otherwise, without compensation to you.

Termination of Use

Boelter may, in its sole discretion, terminate your account or your use of the Boelter website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Boelter reserves the right to change, suspend, or discontinue any or all aspects of the Boelter website at any time without prior notice.

Jurisdiction

The services and information on this Website are available in the United States and may not be available elsewhere. This Agreement shall be construed in accordance with the Laws of the United States of America, and specifically within the State of Wisconsin. All disputes arising from your use of this Website or under this Agreement shall be resolved in a court located in the Eastern District of Wisconsin, without reference to conflict of laws or choice of laws statutes.

Governing Language

Any translation of this Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.

Limited Warranty and Disclaimer of Warranties

The Website and its content are made available to users AS IS without any warranty of any kind. Boelter makes no representations, guarantees, or warranties regarding the accuracy, reliability, availability, confidentiality (except as set forth in the Privacy Policy) or completeness of the content of this Website. BOELTER, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. FURTHER, BOELTER DOES NOT WARRANT OR REPRESENT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS ERROR-FREE OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES, WORMS, BUGS, TIMEBOMBS, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.

Limitation of Liability

BOELTER SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THIS WEBSITE, OR YOUR USE OF OR RELIANCE UPON THIS SITE OR THE CONTENT HEREOF. IN ADDITION, BOELTER HAS NO DUTY TO UPDATE THIS SITE, OR THE CONTENT THEREOF, AND BOELTER SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. FURTHER, BOELTER IS NEITHER RESPONSIBLE NOR LIABLE FOR YOUR USE OF OTHER WEB SITES THAT YOU MAY ACCESS VIA LINKS WITHIN THIS WEBSITE. THOSE LINKS AND OTHER RESOURCES REFERENCED ON THIS WEBSITE ARE PROVIDED MERELY AS A SERVICE TO USERS, AND INCLUSION IN BOELTER'S SITE DOES NOT CONSTITUTE AN ENDORSEMENT BY OR AFFILIATION WITH BOELTER.

Indemnification

By accessing the Website, you agree that you remain solely responsible for use of the Website, and you agree to indemnify and hold harmless, Boelter and its agents with respect to any claim based upon misuse of this Website or breach of any terms or conditions of this Agreement.

Pricing Policies

Online prices, offers and selection may vary from our retail store and are subject to change without notice. In the event in which an item has had a substantial price increase, we will attempt to contact you via email or phone to request your approval of the additional charges. The item will not be shipped and you will not be invoiced until these charges are accepted. Failure to accept these charges or respond to our attempts to contact you may result in order cancellation; however, we reserve the right to cancel any order you place with us without giving any reason.

Payment Methods

Boelter can accept payments for orders via any of the following methods:

Major Credit Card (Visa/MasterCard, American Express, and Discover)

Order Acceptance and Limitations

Online orders are received the next business day after they are placed, and take 1 to 2 days for processing before shipment. Although we try to ship express orders out the day we receive them, we will not guarantee the actual ship date. Please plan accordingly if you require express shipping, or contact Customer Service for assistance.

Your receipt of an order confirmation, whether electronic or other form, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you provided when you placed the order. Boelter reserves the right to limit or prohibit sales to resellers.

Sales Tax/Use Tax Policy

Boelter currently collects and remits sales tax in a number of states in the United States as required by law. Any sales taxes collected by Boelter will be automatically calculated during the online order process. If you claim tax-exempt status, please contact Customer Service at 1-877-523-3290 for additional information on how to place an order using your state tax exempt status. In cases where an order is shipped directly from a manufacturer to a customer in a state where that manufacturer has a nexus (a taxable presence), Boelter must collect sales tax from that customer prior to shipment. Current pending federal and state legislation governing the taxing of goods sold over the internet may change how our Sales Tax/Use Tax Policy affects you.

Cancelling an Order

If you need to cancel an order, please contact us during our normal business hours as soon as possible, preferably by phone for fastest action. If the order has not shipped, we will stop the order and cancel or refund any charges we have posted for the order.

You will be responsible for round trip shipping costs on any order that has been shipped prior to cancellation, that is refused at time of delivery, or is shipped in good faith but returned to us due to incorrect or incomplete shipping information.

If you need to return an item to us, please read our Return Policy for more information.

Free Freight Offer

Only products with the Free Freight Icon, will be shipped free of charge via standard ground shipping to customers within the continental United States.

Products qualifying for Free Freight are shipped via standard ground shipping methods. These products usually leave the warehouses within 2-3 business days from receipt of your order, with transit time ranging from 1 to 8 business days. We reserve the right to select the shipping method on all free shipments. Orders weighing over 100 lbs may be shipped via common carrier to your address.

The Free Freight offer includes shipping of qualified products from dock to your dock or curbside. Free Freight does not include additional services such as liftgate delivery or inside delivery which can be requested online during checkout. If you require call notification, express shipment or any additional services, additional fees will be assessed prior to shipment. Please contact customer service for a quote by calling 1-877-523-3290.

The Free Freight offer identifies any products designated for free shipping with a Free Freight Icon in the product information. The Free Freight offer excludes customers in Alaska, Hawaii, APO/FPO addresses, U.S. territories, and international orders.

Consumer (Home) Use Information

Although Boelter's Website is intended for commercial users, Boelter also welcomes consumer business for select products. Please be aware of important differences in the commercial products we sell when compared to consumer products. In addition, Boelter will not accept returns of foodserivce equipment from any non-commercial account.

Purchasing Non-Equipment Items from Boelter

Boelter's non-equipment products are designed for commercial use and may not meet your expectations. These products are designed for their utility, not necessarily the cosmetic appeal you would expect for home use. Many items sell in large quantities and we cannot break cases.

Purchasing Equipment from Boelter

The equipment we sell is designed for commercial use. Many products are designed for their utility, not necessarily the cosmetic appeal you would expect for home use. Commercial refrigeration is not for residential use. Commercial cooking equipment is not for residential use.

Freight and Shipping

Boelter puts forth great effort to ensure that all orders are shipped in a timely manner and at a reasonable cost. However, we will not guarantee the delivery date of any order. All orders placed on this site are subject to product availability and will be shipped according to our shipping policies. Products usually leave the warehouses within 2-3 business days from receipt of your order, with transit time ranging from 1 to 8 business days.

We are unable to deliver outside of the continental United States, Post Office Boxes, APO/FPO addresses, U.S. territories, and international locations. Boelter does not ship orders C.O.D.

Products ship from dock to your dock or curbside. Delivery does not include liftgate, inside delivery, uncrating or installation. However, liftgate delivery or inside delivery can be requested online during checkout. If you require call notification, express shipment or any additional services, additional fees will be assessed prior to shipment. Please contact customer service for a quote by calling 1-877-523-3290.

Orders weighing over 100 lbs may be shipped via common carrier to your address. Some oversized or heavy items requiring special handling and may be placed on a wooden pallet. You will need to be sure that you have sufficient and proper equipment and personnel to unload products delivered via common carrier, as their drivers are not required to provide assistance in unloading your order. Consider selecting liftgate delivery if your facility does not have a loading dock. Otherwise, you will need to make alternate arrangements for unloading at your location. Liftgate delivery transports your shipment to the curb, it does not provide for inside delivery.

Boelter ships orders to both commercial addresses and residential addresses. Deliveries to residential addresses may incur additional fees. Businesses operated from a house, apartment, or other dwelling are not considered commercial addresses and will be charged any applicable residential delivery fees.

Boelter is not responsible for additional freight bill charges such as: liftgate, inside delivery, redelivery, reconsignment (change of address), storage, etc. when not pre-arranged by Boelter.In cases where orders are held at the terminal by the shipper, Boelter will make every effort to contact you to inform you of the situation and help arrange for you to pick up the order.

Delivery Guidelines / Shortages and Damaged

While every effort is made in packing and correctly filling your order, occasions may arise where a package is lost or damaged in transit. At the time your shipment is received, it is your responsibility to follow these guidelines before you sign the delivery receipt (or bill of lading), and before the driver departs:

Verify the number of packages delivered with the packing slip.

Inspect the entire shipment for visible damage prior to accepting the shipment and note any damage on the delivery ticket/bill of lading before the delivery person leaves. For packages left at your doorstep, inspect the exterior of the carton(s) and note any large dents or tears on your packing slip or invoice.

If the driver demands to leave before all portions of your shipment have been inspected, note on the delivery receipt (near your signature) that the driver would not allow for inspection.

Your signature on the delivery receipt is an acknowledgement that the shipment was received in good condition and without damage or shortage.

Unpack your order immediately and inspect for hidden or concealed damage, even if you don't plan on using the item right away.

Should any damage be discovered, save all shipping cartons and packing materials. All shortages or damaged deliveries must be telephoned to Boelter within 2 days of receipt of shipment by calling customer service at 1-877-523-3290. Boelter cannot be held responsible for damaged merchandise that is signed for as free and clear of damage.

Failure to follow any of the above mentioned guidelines will also restrict your ability to return merchandise or file a claim for damages. If packing materials are not saved, your opportunity to recover damages will be restricted.