What these terms are
Use the site, request a quote, or place an order, and these terms apply.
These terms are the agreement between you and TMB Baking, Inc. (“TMB”), 527 DNA Way, South San Francisco, California, when you use tmbbaking.com, request a quote, or place an order. By doing any of those things you accept them. If you do not accept them, do not use the site or place an order.
TMB sells commercial bakery equipment and smallwares to businesses. These terms are written for business customers buying for business use. If you buy as a consumer, nothing here takes away a right that consumer law gives you and does not allow to be waived.
They replace the terms dated March 18, 2016.
Words used here
Six words, each meaning one thing.
Two ways to buy
Smallwares sell online. Equipment sells by signed quote.
The smallwares store shows a price on every item and takes your order online. Store orders are governed by these terms and by the store policies, which cover payment, shipping, returns, damage in transit, and warranty for those orders.
Equipment is different. Listings, specifications, and prices for equipment on this site are an invitation to talk, not an offer to sell. No contract for equipment exists until you and TMB sign a quote. Your signed quote and any purchase agreement that goes with it govern that sale. Where a signed quote and these terms say different things, the signed quote wins.
Quotes and how they become orders
A quote binds no one until it is signed. Then it binds both of you.
A quote describes the machines, the work, the price, and the payment schedule for your project. You can ask for changes before you sign. Once you sign and TMB accepts it, the signed quote is the order; changes after that point are made by a written change order that both of you sign, and may change the price or the schedule.
Equipment is ordered from the manufacturer against your signed quote. Because most of it is built or shipped to your specification, an equipment order is not a store order and cannot be returned under the store policies. See clause 09.
Prices, taxes, and errors
Mistakes get corrected, and you get told.
Store prices are in US dollars and exclude shipping and any applicable sales tax, which are shown before you confirm your order. Equipment prices are as stated in your quote and exclude taxes, permits, freight, rigging, and site work unless the quote says they are included.
Product information on this site is updated often and can still contain an error: a price, a description, a specification, a stock status. TMB may correct errors at any time and may refuse or cancel an order affected by a pricing or availability error, including after your payment is taken. If that happens to your order, you are contacted, and any payment taken on the affected item is returned to you.
Specifications, dimensions, capacities, and images are the manufacturers’ and are subject to change. Confirm the figures that matter to your floor plan in your quote, not from a web page.
Payment
Your card, your authority. Your quote, its schedule.
Store orders are paid at checkout by card, processed by a third-party payment processor as described in the privacy policy. You confirm that you are entitled to use the payment method you provide and that your billing information is true. TMB may refuse or cancel an order where fraud or an unauthorized transaction is suspected.
Equipment orders are paid on the schedule in your signed quote. Equipment does not ship, and installation is not scheduled, until the payments due before shipment are received. Title to equipment passes to you when it is paid for in full.
Delivery, title, and risk
Open it the day it arrives. Say so on the delivery receipt.
Store orders ship as the store policies describe. Equipment ships as your signed quote describes: by freight to your address, or to TMB’s warehouse ahead of installation. Delivery dates are estimates. TMB works to meet them and tells you when a manufacturer or a carrier moves one, but a delayed delivery is not a breach of contract and is not grounds for cancellation unless your signed quote says otherwise.
Inspect every delivery when it arrives. If a crate, carton, or machine shows damage, note it on the carrier’s delivery receipt before signing, keep the packaging, photograph what you found, and call the counter the same day. Damage that is not noted on the receipt is very hard to recover from a carrier, and TMB cannot promise to recover it for you.
Your site, and installation
The machine arrives ready. The room has to be ready too.
Where your signed quote includes installation, TMB’s crew sets, levels, and connects the equipment and shows your team how to run it. You are responsible for the room it goes into, unless your quote says otherwise:
If the site is not ready on the scheduled day, installation is rescheduled and the equipment is stored until it can proceed.
Cancellations and returns
Store orders come back under the store policies. Equipment orders are different.
Store orders: how and when an item can come back is set out in the store policies.
Equipment orders: once you sign a quote, TMB orders your equipment from the manufacturer, and much of it is built to your specification. A signed equipment order may be cancelled only with TMB’s written agreement, and the manufacturer’s cancellation or restocking charges, freight already incurred, and work already done are deducted from any refund. Equipment cannot be returned once installed.
Warranties
The machines carry their makers’ warranties. The website carries none.
Every machine and smallware sold by TMB carries the warranty its manufacturer gives it, on the manufacturer’s terms. Your quote or order documents identify that warranty. Under it, defective parts are repaired or replaced as the manufacturer provides; it does not cover normal wear, consumables, misuse, damage from utilities that do not meet specification, or work by anyone TMB has not authorized.
The website itself is provided as-is and as-available, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. TMB does not warrant that the site will be uninterrupted or error-free.
Beyond the manufacturer’s warranty and whatever your signed quote states, TMB disclaims all other warranties on equipment and smallwares, express or implied, to the extent the law allows. Nothing here limits a right that the law does not allow to be limited.
Limits of liability
Direct remedies, not distant ones.
To the fullest extent the law allows, TMB and its directors, employees, agents, and suppliers are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost production, spoiled product, lost data, or loss of goodwill, arising from your use of the site, from a store order, from equipment or its installation, or from any delay, whatever the legal theory, even if told such damages were possible.
TMB’s total liability to you for any claim arising from a store order or a signed quote is limited to the amount you paid TMB under that order or quote.
Some jurisdictions do not allow these limits, so parts of this clause may not apply to you.
Your responsibility
Your breach, your defense.
You agree to defend, indemnify, and hold harmless TMB and its employees, contractors, agents, officers, and directors from claims, damages, and expenses, including reasonable attorneys’ fees, arising out of your breach of these terms, your misuse of the site or an account in your name, your operation of equipment contrary to the manufacturer’s instructions, or a site condition that was your responsibility under clause 08.
Store accounts
Your account, your password, your actions.
If you create a store account, you confirm you are at least 18, that the information you give is accurate, and that you will keep it current. You are responsible for keeping your password confidential and for everything done under your account, and you agree to tell TMB promptly of any unauthorized use. TMB may refuse service, close accounts, or cancel orders where these terms are breached. You may close your account at any time by writing to the counter.
What belongs to whom
The words and pictures belong to TMB or its licensors. The marks belong to the makers.
The content of this site, including its text, photography, drawings, and marks, belongs to TMB or its licensors. Manufacturers’ names, marks, and product images belong to those manufacturers and are used with their permission. You may browse, print, and share site content in the ordinary course of considering a purchase. You may not copy, scrape, or reuse it commercially without written permission.
Floor plans, layouts, and equipment schedules TMB prepares for your project remain TMB’s work product until the related quote is signed and paid. They are prepared for your use with TMB-supplied equipment, not as construction documents, and your architect, engineer, or contractor remains responsible for your building.
Links to other sites
Beyond this site, their rules apply.
This site links to sites TMB does not own or control: manufacturers, carriers, financing partners, and social platforms. TMB is not responsible for their content, policies, or practices. Financing offered through a third-party partner is that partner’s agreement with you, not TMB’s.
Notices and electronic records
Email counts as writing. A signature on a screen counts as a signature.
You agree that notices, quotes, change orders, and invoices may be sent to you by email at the address you provide, and that they count as written notice. You agree that quotes and change orders may be signed electronically and that electronic signatures and records have the same effect as paper ones. Notices to TMB go to contact@tmbbaking.com or to 527 DNA Way, South San Francisco, CA 94080.
Events beyond anyone’s control
Neither side is in breach for what neither side could prevent.
Neither you nor TMB is liable for failing to perform, or for delay, caused by events beyond reasonable control: fire, flood, earthquake, epidemic, strike, war, government action, carrier failure, or a manufacturer’s inability to supply. The affected side tells the other promptly, and the time for performance extends for as long as the event lasts. Payment obligations for goods already delivered are not excused.
Governing law and disputes
California law, read as written. Talk first.
These terms, every store order, and every signed quote are governed by the laws of the State of California, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
If a dispute arises, you and TMB agree to talk it through first: a written description of the problem to the other side, and a good-faith conversation between people with authority to resolve it, before either side files anything. Disputes not resolved that way are brought in the state or federal courts located in San Mateo County, California, and you and TMB each consent to that venue.
The general clauses
The whole agreement, in one place, surviving the ordinary things.
Changes to these terms
Material changes arrive with thirty days’ notice. A signed quote keeps the terms it was signed under.
TMB may revise these terms. If a revision is material, notice is posted on this page at least 30 days before it takes effect. Continuing to use the site after a revision takes effect means you accept it. A signed quote is governed by the terms in effect on the day it was signed.