Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of American Dreams, Inc.. The collective work includes works that are licensed to American Dreams, Inc.. Copyright 2003-2015, American Dreams, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with American Dreams, Inc. or purchasing American Dreams, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with American Dreams, Inc. or to purchase American Dreams, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by American Dreams, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of American Dreams, Inc. used in the site are trademarks or registered trademarks of American Dreams, Inc.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, American Dreams, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. American Dreams, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. American Dreams, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

American Dreams, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if American Dreams, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a American Dreams, Inc. product is mistakenly listed at an incorrect price, American Dreams, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. American Dreams, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, American Dreams, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by American Dreams, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

American Dreams, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to American Dreams, Inc..

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of American Dreams, Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of American Dreams, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. American Dreams, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. American Dreams, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a American Dreams, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Right:American Dreams, Inc. / BensCarts reserves the right to cancel any order and refund any payments made. Participation Disclaimer

American Dreams, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, American Dreams, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, American Dreams, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to American Dreams, Inc. in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless American Dreams, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, American Dreams, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with American Dreams, Inc., American Dreams, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of American Dreams, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, American Dreams, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Additional Terms and Conditions

As we are a small company and base our steel purchases and material on our daily orders we have a strict no-cancellation policy. ALL SALES ARE FINAL. In the event of a catastrophic circumstance we will review on a case by case basis. Thank you for understanding and please feel free to contact Ben with any questions or concerns before ordering.

Changes or alterations to cart or choosing a different cart after ordering is handled on a case by case basis. All order completions are notified via email when the cart is ready for shipping or pick up. If cart is being picked up, balance is to be paid within 10 days of cart being completed. Failure to do so may forfeit any deposit and order will cancel. Once balance is paid, cart must be picked up within 30 days or cart storage fees will incur at at rate of $15 daily. Any cart shipped and not picked up at terminal within 10 days will be returned to BensCarts and before the cart will be re-shipped or picked up, all fees and charges must be paid in full, after ten days of cart being returned to BensCarts if customer does not pay all fees to BensCarts, then the cart will be forfeited to cover all fees and expenses. Any alteration to these terms and conditions must be accepted by BensCarts in writing. Cart dimensions are subject to change without further notice in the event of significant changes after an order is placed you will be notified.

It is the responsibility of the end user or owner of the cart to keep up with trailer maintenance and to do regular safety checks including, lights, chains, coupler, lug nut, tires, bolts and any and all aspects of the cart. All customers shall make themselves familiar with and practice safe trailering guidelines and inspections found here: NHTSA SAFETY GUIDE

Our carts are skinned in entirety with stainless steel. It is common to find a few plasma burns/discolorations. These are usually minimal and most are covered by pans. We look over every cart before it is shipped but we too are human and can miss something every now and then. Please contact us if you find a sharp edge that is exposed when all pans and lids are in place. These can usually be removed with a small file. Sometimes a rough corner or edge can be bumped or knocked down with a small mallet. If you have any questions please contact us. We will be glad to help resolve any issue.

The steam table and grill area will become hot and can cause serious burns. Use caution and common sense while operating in these areas. Hot Surfaces can cause severe burns.

We strive to make the best carts on the market, we don’t however make the “cadillac” in the industry, we are closer to a “ford or chevy”... but rest assured our carts will last years with very little maintenance.

If your cart is equipped with an on demand heater, please familiarize yourself with the heater manual and video. The cart water system is specifically designed for short usage times such as washing your hands or washing utensils as needed. It is not recommended for washing pans, filling your steam table or other task requiring the heater to run continuously for more than 90 seconds at a time. The heater will run continuously until you have exhausted the water supply, but this is not it's intended use for your hot dog cart. The heater and areas around the heater can become hot with use. Use caution when operating in these areas.

All of our carts have a one year WARRANTY, this covers the repair of any item that is a manufacturer defect. For additional details on the warranty click here. By purchasing a cart online in person or by mail, you are agreeing to all terms, conditions and warranties. Ben’s Carts, BensCarts or its affiliates shall not be liable for damages caused to person or property. Customer/Buyer/end-user accepts all liability for use, misuse or any and all damages, caused or perceived by usage, towing and storage of hot dog cart and accessories. BensCarts may make changes or minor substitutions that are not reflected on the website. Carts may not be received exactly as pictured. In alterations, substitutions or changes would be minor and not effect the performance or usage.

Shipping and Freight Damages:

Please note: Our carts are stainless steel. It is common to find little scratches in the stainless, this happens during manufacturing and is unavoidable. Some of these scratches are common to the steel manufacturer and are that way before we get the steel. You may find places where the protective covering on the stainless is ripped, this is perfectly normal and does not affect your cart. We strive to take great care in building our carts and packaging them for shipping.

Important shipping Terms and Conditions:

if you receive a cart that is damaged, you have the right and option to refuse delivery. If there is a minimal damage, keep the cart and make a note on the freight form with the driver. We will forward you the parts needed to replace. For example, your bread box is bent or maybe a side panel is dented bad; Take a picture, note it on the bill of laden and then let us know. We will ship you the parts to replace the damaged area. You can then still file a claim for the damaged parts and labor and be reimbursed by the freight carrier. For claims contact the freight broker whom sent your email with shipping details and tracking information. Note: Contact BensCarts before refusing freight. In the event freight is refused and returned and found to be minimally damaged, you will be responsible for all crating and shipping fees. Light freight damage can be repaired and BensCarts if required and necessary will have all damages repaired and/or replaced at your delivery state and town.

Claims on shipping: When your cart arrives, you will want to un-package it before signing that you received in good condition. Look for obvious damage to crating first. In the event damage is found, you have the option to accept the cart with damages, while noting that on the paperwork from the shipper or you can refuse acceptance and notify BensCarts so that we can ship a new cart to you. If you accept the cart with damage, please contact Philo-Marie White, Senior Account Manager philo. white@gforceship.com Direct: (617) 481-7408 877-7-GFORCE (877-743-6723) | Fax: (617) 302-4890 to handle the claim and so he can get you reimbursed for any damages. We understand you bought a new cart, not a damaged one, so the bottom line is, refuse if damage is extensive, if minimal, like a tail light or something, then please file a claim with Gforceship so that it can be repaired and reimbursed.

Please note: our carts are stainless steel. It is common to find little scratches in the stainless, this happens during manufacturing and is unavoidable. Some of these scratches are common to the steel manufacturer and are that way before we get the steel. You may find places where the protective covering on the stainless is ripped, this is perfectly normal and does not affect your cart. We strive to take great care in building our carts and packaging them for shipping. BensCarts sees less than .05% damaged freight due to our packaging and carrier selections.

If you refuse freight, call BensCarts, take pictures, note on the bill of laden why being refused and contact the freight broker immediately. If pictures show major damage, we will ship you a replacement cart immediately upon availability. Beware that the white coating on the carts can appear ripped and scratched and there be no underlying damage.

Bottom line: If in doubt, keep the cart and we will make sure that it is repaired. The most common damages, include:

  • bent bread boxes
  • bent condiment shelves
  • damaged grills
  • scratches, dents from forklift operators to cart skin

Most damages can be repaired, new skins sent to you, a new grill cover, breadbox or condiment shelf.

Steps to take if you've found damages and are keeping the cart:

  1. Read Above
  2. Take pictures and email the freight broker (bhoward@globaltranz.com) and (ben@benscarts.com) as soon as possible.
  3. Call Bob and report the issues found.
  4. Email Keith@benscarts.com with pictures and then call 865.216.3330 to arrange replacement part(s).

We will immediately send you new parts and help with resolving repairs if required.

When your cart is shipped we will notify you by email. If a coupon is available, it must be used at the time of purchase as we can not reimburse after the sale.

Financing Terms and Conditions - Customer Using Financing Financing a purchase through an outside finance company does not alleviate your responsibility to make payment in full to BensCarts. When you receive your cart you must contact the finance company within 24 hours by phone and confirm you have received your cart as ordered. This will initiate the release of funds from the finance company to BensCarts. In the event you fail to confirm receipt and acceptance you will have five (5) days in which to make payment in full to BensCarts. Failure to make payment in full can and may lead to a Felony criminal complaint with the Tennessee State Attorney's office. If you find the cart received to be missing an ordered feature or damaged in some way, this in no way alleviates your obligation to inform the finance company that you have received your cart and to release funds. If you find a problem with the cart, BensCarts will fix, repair or replace and will insure it exactly as ordered according to our Terms and Conditions above. All sales are final.

Parts Warranties and Instructions: Parts warranties:

All parts are warrantied for one year from the time of purchase. Warranty claims are made by emailing: keith@benscarts.com Please include your original order number and a brief description of the problem. Include your phone number so that we may contact you before sending your part back for replacement.

You may also contact Keith at 865.216.3330 about a warranty issue or a part malfunction. Once we determine that the part isn't operational, we will issue you an RA (return authorization number) and you can ship the bad part back. At BensCarts option we will either repair or replace the part and ship it back to you.

PRIVACY POLICY

We proudly accept all major credit cards. For your security, we do not process charges from our site, when you click a link to purchase you are taken directly to a 128 bit encrypted site for transactions with MC/Visa/Discover/Amex directly. We do not share your information with anyone, no affiliates or marketing research. We thank you for trusting us and look forward to providing you with a safe, secure transaction.

American Dreams, Inc. / BensCarts reserves the right to cancel any order and refund an payments made.

Terms and conditions apply to all sales regardless of previous agreements, verbal or otherwise.