Southbend S36D_NAT (MIDDLEBY ESSENTIALS ITEM) S-Series Restaurant Range

This policy governs all purchases, transactions, and participation in any energy rebate or incentive program between the customer ("Customer") and Restaurant Supply, LLC (collectively, the "Company," “RS”). This policy is an addendum to RS’s Terms of Service and Privacy Policy. By purchasing or participating in any rebate-related program through RS, Customer agrees to these Terms. If Customer does not agree, Customer must not proceed with the purchase.

1. THIRD-PARTY PROGRAMS - RS does not operate or control any energy rebate or incentive programs. All programs are administered by individual states or their authorized program administrators, and may involve third-party partners, including but not limited to Energy Solutions. RS does not guarantee eligibility, approval, rebate amounts, processing timelines, or payment. All determinations are made solely by the applicable program authority or its designated partners.
2. CUSTOMER RESPONSIBILITY FOR PROGRAMS - Customer is solely responsible for understanding and complying with all applicable state program requirements. Programs may change, pause, or terminate at any time without notice. RS has no obligation to notify Customer of any updates. Customer is responsible for working directly with the applicable state, program administrator, or authorized partner regarding applications, compliance, data submission, and disputes. RS may provide general information or contact details if available, but has no obligation to do so and does not guarantee accuracy. The following links are provided for convenience only and are third-party resources not controlled by RS: masssaveincentives.com, energy.ri.gov, nhincentives.com, focusonenergyinstantdiscounts.com, swgasinstantrebates.com, dteincentives.com, ilinstantrebates.com, pnwutilityrebates.com, duqlightmidstream.com, avistamidstream.com, californiainstantrebates.com, mydukeincentives.com. RS disclaims all responsibility for the content, accuracy, availability, or updates of these external websites.
3. THIRD-PARTY PARTNER TERMS & DATA HANDLING - Certain rebate programs may be administered or supported by third-party partners, including Energy Solutions. By participating in such programs, Customer agrees to the partner’s applicable terms and policies, including energy-solution.com/privacy-policy and energy-solution.com/website-terms-of-use. Customer understands that program-related data may be collected, processed, and managed by such partners, and Customer must work directly with them regarding any data-related requests or issues. RS maintains its own separate privacy practices and is not responsible for third-party data handling.
4. NO RELIANCE - Any information provided by RS regarding rebate programs is for general informational purposes only and may not reflect current program requirements. Customer acknowledges that purchasing decisions are made independently and not in reliance on RS for eligibility or compliance determinations.
5. COMMERCIAL USE ONLY - Customer certifies that all equipment purchased will be installed and used at a valid commercial business location and that all information provided is accurate and complete.
6. INSTALLATION & USE REQUIREMENTS - Customer agrees that all equipment will be installed and placed into service within a reasonable timeframe after delivery and will remain in use at the declared location in accordance with program requirements.
7. NO RESALE OR MISUSE - Equipment purchased through any rebate or incentive program may not be resold, redistributed, stockpiled, or relocated in violation of program rules. Any misuse, misrepresentation, or circumvention of program requirements may result in disqualification, repayment obligations, penalties, or enforcement action.
8. THIRD-PARTY PURCHASES - If Customer purchases on behalf of an end user, all rebates and incentives must be passed through to the end user, and all program requirements must be disclosed. Customer remains responsible for compliance by all parties.
9. NO GUARANTEE OF REBATES - RS does not guarantee that any product qualifies for a rebate or that any rebate will be approved, funded, or paid. Program availability and funding are determined solely by the applicable program authority.
10. PRICING & ADJUSTMENTS - Any pricing or discounts related to rebate programs may be subject to adjustment if program requirements are not met. Customer is solely responsible for any loss of incentives or repayment obligations.
11. DOCUMENTATION & AUDITS - Customer agrees to maintain all required documentation and to cooperate with any audits or verification requests by program administrators or partners. Failure to comply may result in denial of rebates or repayment obligations.
12. INDEMNIFICATION - The customer agrees to indemnify and hold harmless RS, its owners, employees, agents, and affiliates from any claims, penalties, fines, damages, liabilities or attorneys’ fees and legal defense costs, whether or not litigated, arising from the customer’s participation in the program, including any audit, investigation, or enforcement action related to noncompliance.
13. LIMITATION OF LIABILITY - RS is not liable for any denied, delayed, reduced, or canceled rebates, program changes, third-party errors, or indirect or consequential damages. RS’s total liability is limited to the purchase price of the products sold.
14. ORDER REVIEW & CANCELLATION - RS reserves the right to refuse or cancel any order that may violate program rules or applicable laws. RS may request additional documentation and may report suspected misuse or fraud.
15. NO ADVISORY ROLE - RS is not acting as an advisor, consultant, or agent regarding any rebate or incentive program. Customer is solely responsible for verifying all requirements independently.