Terms and Conditions of Sales

SKYFOOD’S TERMS AND CONDITIONS OF SALES

Purchase of any products sold by SKYFOOD shall be subject to and expressly limited by the terms and conditions contained herein. No changes to, waiver of, or addition to any of these terms and conditions shall be effective unless agreed to in writing and signed by SKYFOOD. Buyer acknowledges and agrees that these terms and conditions supersede the terms and conditions of any purchase order or other documentation used by Buyer and, except for delivery and billing addresses, and quantities prices and items ordered, any conflicting or additional terms are void and have no effect, but that Buyer may place orders by use of purchase orders and other documentation for its convenience purposes only. Notwithstanding the foregoing, SKYFOOD reserves the right at any time to amend these terms and conditions, and Buyer shall be deemed to accept such amended terms and conditions by ordering products herein offered after the date of such amendment. Additional special terms and conditions of SKYFOOD may be applicable with respect to certain products.

All orders from Buyers, whether solicited and written by either a SKYFOOD EQUIPMENT, LLC (“SKYFOOD”) Sales Representative, distributor or dealer, are deemed offerings to purchase until accepted by SKYFOOD.  SKYFOOD reserves the right to accept orders in full or in part.  Acceptance may be either by written confirmation or shipment of the order, in full or in part. 

TERMS – All prices are FCA (Free Carrier) shipping point. Unless express instructions in writing are received from the Buyer, SKYFOOD has complete freedom in choosing the means, route and procedure to be followed in the handling, transportation and delivery of the goods. SKYFOOD will advance the shipping costs on behalf of the Buyer and charge it accordingly. SKYFOOD shall under no circumstances be liable for any loss, damage, concealed damage, expense or delay of goods for any reason whatsoever when said goods are in the custody, possession or control of third parties selected by SKYFOOD to forward, enter, clear, transport, or render other services with respect to such goods. Please, inspect your unit upon arrival at the destination and report any transit damage to SKYFOOD and to the shipping company, in order to initiate a claim with the latter. Claims must be reported to the transportation company within fifteen (15) days as of the date of shipping.

Orders of $3,500.00 or more, with a minimum of 2 pieces (mixed or matched), shipped to the same address in the continental United States will have free shipping.

Rush order, when available and shipped to the same address in the continental United States, is subject to a "Rush Order Fee", in the amount of $30.00. Please check lead times prior to ordering. If the due date is not met, the "Rush Fee" will be refunded.

Any tax, duty, custom or other fee of any nature imposed upon the products, their sale, transportation, delivery, use or consumption shall be paid by Buyer in addition to the price quoted or invoiced. If SKYFOOD is required to prepay any such tax or fee, Buyer will reimburse SKYFOOD. Buyer must provide SKYFOOD with a resale/exemption certificate in order to avoid the withholding of applicable taxes.

Past due balances are subject to a interest charge of 1.5% per month or the highest rate permitted by law, whichever is lower, until paid.

Internet Minimum Advertised Pricing - IMAP

Our IMAP pricing policy is intended for consumers to purchase from internet dealers and reseller websites based on loyalty and customer care expectations. This policy is effective as of the effective date stated below, and supersedes all previous Minimum Advertised Pricing – MAP policies related to SKYFOOD products as of that date. This IMAP policy shall work under the following guidelines:

The Internet Minimum Advertised Price for all SKYFOOD products can be found on our current Price List. 

This IMAP applies only to the advertising and sales of SKYFOOD products which are sold to U.S. customers in the United States via the internet.

This IMAP policy is not applicable to: 1) Any physical store location, 2) Any email newsletters sent to your customer database, 3) In print publications or on any other media.

It shall be a violation to this policy to advertise and sell or offer for sale a SKYFOOD product on the internet at a sales price below the internet minimum advertise price (“the IMAP”). Repeatedly re-pricing due to IMAP prices breaches by other internet dealers and reseller websites is not an acceptable justification for violation of this policy.

Sales Price shall not include the cost of shipping or tax. In order to avoid any doubt, customers may offer free shipping to end users, without impacting this policy.

SKYFOOD reserves the right to suspend the enforcement of this policy for certain products, as and when SKYFOOD in its sole discretion, deems appropriate (e.g. product closeouts, specials, etc.).

SKYFOOD has written this policy in an effort to protect and communicate the expectations for the internet dealers and reseller websites. Therefore, SKYFOOD considers any of the following to be damaging to our brand and thus are not permitted by internet dealers and reseller websites that use our brand for advertising:

a) Advertising SKYFOOD products on third party internet dealers and reseller websites at a price that is below the IMAP Price.

b) Using split screen, side by side, or pop-up advertising to advertise any similar product other than SKYFOOD’s in conjunction with offering a SKYFOOD product for sale.

c) Redirecting a customer searching for a SKYFOOD product to a product other than a SKYFOOD product. 

d) Indicating or implying that a price that is below the IMAP price can be obtained at the online cart or checkout stage (e.g. “See price in cart”, “Email for better price”, “Click here for lower price”, “Log in for price”, “Add to cart for lower price”, “Chat for price”).

IMAP does not establish maximum advertised prices. All internet dealers and reseller websites may offer SKYFOOD products at any price in excess of the IMAP.

SKYFOOD can terminate or amend any part or all of this policy at any time without prior notice.

All returns are subject to the prior authorization of SKYFOOD, in its discretion. Buyer must contact Buyer Support at 305-868-1603, or by fax at 305-866-2704, or via e-mail at support@skyfood.us in order to request a Return Authorization number (“RA”) providing, along with the identification of the goods, a specific reason for return. Buyer Support will either authorize or deny the request for return. Only NEW and UNUSED items are acceptable for return. Unauthorized returns will be destroyed and no credit issued. All authorized returned goods must be shipped freight prepaid to SKYFOOD. All returned goods are subject to a 20% handling/restocking fee. All returns must be returned in their original packaging and within thirty (30) days from the shipping date.

These Terms and Conditions were last updated on May 26th, 2022.