BEYOND THE MENU

General Terms

Definitions

At Beyond, we believe in keeping things simple and clear. Here’s what some key terms mean in these terms and conditions:

• Beyond (We/Us): That’s us! Beyond The Menu LLC, referred to in these terms and conditions as "Beyond". 
• Client (You): The amazing individual or entity purchasing Goods and Services from Beyond.
• Distributed Products: Items sold or provided by Beyond but manufactured by an original equipment manufacturer (OEM) or another third party.
• Beyond Products: Items that Beyond designs, manufactures, or has manufactured under the Beyond brand or according to our specifications. 
• Goods and Services: Everything we provide, from design and consulting to equipment, furniture, installation, Beyond Products, and Distributed Products
• Order: Your request for Goods and Services, detailed in a purchase order, written order, contract, or via digital acceptance (e.g., electronic signature, click-through approval, or payment submission).
• Agreement: These terms & conditions (T&C’s), along with any quotes, proposals, or other documents we reference.
• Digital Acceptance: The process of accepting a quote or Order electronically, whether by digital signature, clicking an acceptance button, or submitting payment.
• Force Majeure: Events outside our reasonable control, such as natural disasters, strikes, government actions, or supply chain disruptions.
• Intellectual Property: Designs, drawings, specifications, and other creative works developed by Beyond in connection with your project.
   
  

Agreement Scope

When you place an Order, you’re agreeing to these terms. In the event of any conflict between these T&Cs and other documents, these T&Cs will take precedence—unless otherwise agreed in writing.

Orders and Acceptance

Scope and Orders

We’re committed to delivering all the Goods and Services described in your Order—from design to installation. If you have any questions about what’s included, just ask.

Order Submissions, Quotes, and Acceptance

• Order Submissions: All Orders must be submitted in writing—via purchase order, a signed or electronically approved quote, payment submission, or contract. For custom or special-order products, additional approvals (such as signed drawings or prints) may also be required.
• Quotes and Acceptance: When you accept a quote—whether by signing, digitally approving, or paying—it becomes an Order. All Orders are subject to final review and approval by our team. If we discover a typographical or clerical error, we’ll notify you and make the necessary corrections.
• Custom Product Approvals: For custom or special-order products, we may require you to review and approve detailed specifications, drawings, or prints. Please review these carefully; if there’s an error in your submission, we’ll work with you to resolve it, though additional fees may apply.

Pricing & Payment

Pricing

Unless otherwise noted, quotes are valid for 30 days from the date they’re submitted. Prices exclude warehousing, freight, shipping, taxes, and other related charges unless stated otherwise. For Orders scheduled to deliver more than 120 days out, pricing may be adjusted to the rate in effect at the time of shipment.

Payment

We make payments simple. You can pay by check, ACH, or credit card (Visa, MasterCard, American Express, or Discover). Once your payment clears, we’ll process and ship your Order. For Orders requiring final payment before shipment, payment must be received at least five (5) business days before the projected ship date. If payment isn’t received on time, we may need to reschedule your shipment.

Taxes

Our quotes exclude any applicable sales, use, excise, or similar taxes—as well as tariffs or duty charges—unless otherwise stated. Any tax amounts shown in your quote are estimates based on current rates and may be recalculated when your invoice is issued. If you qualify for tax exemption, please provide the required documentation before your scheduled shipment date. Without valid tax exemption documentation, any applicable taxes will be added to your invoice.

Currency

All prices are quoted in U.S. dollars (USD).

Late Payment

We understand that sometimes things happen. If an invoice isn’t paid on time, it may accrue interest at the greater of 1.5% per month or the prime rate for U.S. Money Center banks.

Performance & Force Majeure

Performance

We will work diligently to complete our services according to the deadlines specified in your Order. Please note, however, that factors outside our control—such as material availability, OEM backorders, shipping delays, or other unforeseen events—may affect our schedule. Likewise, if you do not provide complete information, timely approvals, or necessary access, delays may occur. In such instances, we may need to adjust project timelines and fees accordingly.

Force Majeure

Sometimes events outside our reasonable control—such as natural disasters, strikes, or governmental actions—may delay or prevent performance. If such a force majeure event occurs, we’ll promptly notify you and make commercially reasonable efforts to resume performance as soon as possible. During this time, we won’t be liable for delays or failures to perform caused by the force majeure event. However, your payment obligations under this Agreement remain in effect, and any due dates for payments are not excused or extended unless we agree otherwise in writing.

Shipping, Delivery & Claims

Shipping & Title

All shipments are FOB (Free on Board) origin. Title and risk of loss pass to you once the carrier takes possession of the goods. You’re responsible for specifying the amount of insurance coverage in advance.

Shipping & Delivery Dates

While we strive to meet your requested shipping dates, these dates are estimates. Factors outside our control—such as product availability, OEM backorders, or carrier delays—may affect shipping schedules. We will keep you informed of any changes.

Delivery Date Changes

We understand that project timelines can shift—construction delays happen, site readiness can take longer than expected, and sometimes plans just change. Here’s how we make delivery adjustments easy and transparent:

• One-Time Free Extension (Up to 30 Days):
• • If you need to postpone your originally scheduled delivery, you can request a single extension of up to 30 days at no extra charge, provided you give us at least 14 days’ notice before your scheduled delivery date.
  • This grace period begins from your original scheduled date (not the new date).
• Last-Minute Changes (<14 Days):
• • If you request a change less than 14 days before your scheduled delivery, a $250 date change fee will apply.
  • Additional costs for rebooking freight, adjusting travel, or covering related expenses may also apply; we’ll let you know up front if these charges are necessary.
• Extended Delays Beyond 30 Days:
• • If you need to postpone delivery more than 30 days from the original scheduled date, any remaining balance on your order becomes due. Your products will then move into a simple monthly warehousing arrangement under a separate agreement, making them available whenever you’re ready to receive them.

Freight Damage or Shortage

We know it’s frustrating to receive damaged or missing items. We’re here to help, but there are important steps you must follow to ensure any freight claim can be filed successfully. Here’s what to do:

1. Inspect all packages upon delivery! 
2. • Visible Damage or Shortages at Delivery:
   • • If a shipment shows signs of rough handling or if there is missing product, don’t sign a clear delivery receipt. Inspect the merchandise immediately and note any damage or shortages on the delivery receipt while the driver is present. If you sign without noting damage, you’re confirming the shipment was received in an acceptable condition. Have the driver initial the delivery receipt and obtain a photo/copy.
   • Concealed Damage:
   • • For damage not immediately apparent, file a freight claim with the carrier and notify us within 48 hours of delivery. Keep the original packaging and any pallets until the unit has been fully inspected. Failure to follow these steps may void your claim for freight damage.
3. Retain Packaging: 
4. • Keep all original boxes, crates, and pallets if damage is visible or suspected—carriers may require them for inspection.
5. Contact Us Promptly:
6. • Reach out to us as soon as possible (email or phone) with photos and details (Order number, item numbers, carrier info). Timely reporting increases the likelihood of a successful claim.

Note on Freight Claims and Assistance: We ship FOB Origin, so title and risk of loss pass to you once the carrier takes possession. However, we’re here to help guide you through any freight claim. See our Freight Damage & Shortage Guidelines for more details and instructions.

Field Services

Site Readiness

You are responsible for ensuring that the delivery and installation site is ready and compliant with the requirements set forth in our site readiness checklist and/ or any specifics as set forth within the quote or order. These requirements outline the necessary conditions for safe and productive delivery and installation of your products. If the site doesn’t meet these conditions, you may be responsible for any additional costs incurred (such as added delivery carrier charges, re-delivery, added travel or labor costs, etc.) by Beyond as a result of non-compliant site conditions.

Installation & Related Field Services

If your Order includes field service work (e.g. installation, startups, service work, etc.), we’ll do our best to complete the service as described in your quote or Order. Please note that any tasks outside our agreed scope (e.g., specialized on-site modifications or addressing unexpected site conditions) may incur additional fees. For more on warranties, code compliance, and other disclaimers regarding installation or other services, please see Section 8.

Change Orders, Cancellations & Returns 

Change Orders

We understand that needs can evolve—items might need to be swapped, quantities adjusted, or product specifications updated. Here’s how changes work:

• Written Request: 
• • All change requests must be submitted in writing (email is fine). Please include details about what you’d like to change.
• Feasibility & Approval:
• • After reviewing your request, we’ll let you know if the change is possible. If it is, we’ll provide any cost or lead-time updates in writing (such as via a revised quote, Order, or Change Order form). You’re responsible for any restocking, freight, cancellation, or vendor-imposed charges associated with the change. Once you approve these updates in writing, the change is considered final and will be added to your Order.
• Impact on Project:
• • Changes may affect manufacturing schedules, shipping plans, lead times, and costs. By approving a change request, you acknowledge and accept any revised pricing or delivery timelines.

Cancellations 

Once an Order is placed, we cannot guarantee that it can be canceled—particularly for items already in production or custom-made for your project.

• Written Request: 
• • To request a cancellation, please submit your notice in writing. We’ll confirm whether cancellation is possible, based on production status, vendor requirements, or other constraints.
• Fees & Deductions: 
• • If cancellation is possible, you’ll be responsible for any costs already incurred—such as design work, restocking fees, fabrication expenses, or other vendor charges. These will be deducted from your deposit or invoiced to you separately.
• Custom or Special-Order Items: 
• • Special-order or custom-manufactured products may carry non-refundable deposits, higher restocking fees, or no cancellation option at all.
  • Changes may affect manufacturing schedules, shipping plans, lead times, and costs. By approving a change request, you acknowledge and accept any revised pricing or delivery timelines. 

Returns

We want you to be completely satisfied with your purchase, but if a return is necessary, you can submit a request within 30 days of receiving the product.

• Written Request:
• • All return requests must be submitted in writing (email is fine). Please include details about which products you wish to return.
• Authorization & Instructions:
• • After reviewing your request, we’ll let you know if the return is possible. If approved, we’ll provide you with next-step instructions and a Return Authorization (RA) number, along with where to send the product. Items returned without an RA will not be accepted or credited.
• Shipping & Freight:
• • You’re responsible for all shipping costs, including any packaging or handling fees. Please follow the instructions we provide to ensure your product arrives in new, sellable condition and in its original packaging.
• Fees & Deductions:
• • Restock Fees: All authorized returns are subject to a 25% restocking fee ($100 minimum). Depending on the OEM’s policy, additional restocking or vendor-imposed fees may also apply.
  • Shipping Charges: Any original shipping costs, as well as any costs incurred to transport the product back, will be deducted from your credit.
  • Returned Condition: If items arrive damaged, missing components, or not in their original condition, your credit may be reduced or denied.
• Ineligible Items:
• • Custom-made, special-order, modified, discontinued, or consumable items cannot be returned.
• Credit Processing:
• • We’ll issue your credit (less applicable deductions) once we’ve received and inspected the returned product. Credits will be issued to the original payment method.

Warranties & Disclaimers  

Limited Warranty

We stand behind the products and services we provide. For warranty claims, please refer to our Beyond Limited Warranty Document for instructions and contact information.

• Beyond Products: 
• • Please refer to the Beyond Limited Warranty Document for detailed terms, conditions, coverage periods, and how to get support. If there is any conflict between that document and these Terms, the Beyond Limited Warranty Document shall govern for those products.
• Distributed (OEM) Products: 
• • For products made by other manufacturers, we pass along the original equipment manufacturer’s (OEM) warranty to you, as permitted by the OEM. Please note, Beyond is not responsible for the performance, repair, or replacement of OEM products; all coverage is subject to the OEM’s own terms and policies. Refer to the Beyond Limited Warranty Document for more details and how to get support.
• Beyond Services (Design, Installation, Etc.): 
• • All of our service offerings—including design, consulting, product input, installation or service work—are provided “as is,” without any additional warranty unless clearly stated in a separate written agreement. We encourage you to consult licensed professionals (such as architects or engineers) for final verification of local code requirements and site feasibility.

Warranty Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THE BEYOND LIMITED WARRANTY DOCUMENT OR APPLICABLE OEM WARRANTIES, ALL GOODS AND SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY OTHER WARRANTIES—EXPRESS OR IMPLIED—INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY CODE COMPLIANCE, SITE FEASIBILITY, OR PROJECT OUTCOMES REST ULTIMATELY WITH YOU AND YOUR PROFESSIONAL ADVISORS.

Confidentiality  

Confidential Information 

“Confidential Information” means any non-public information disclosed by one party to the other, including but not limited to designs, files or documents, pricing, product details, or proprietary business practices. Each party shall keep such information confidential, use it solely to fulfill obligations under this Agreement, and not disclose it to third parties without written consent (unless required by law). These confidentiality obligations remain in effect for two (2) years after this Agreement ends, unless a separate NDA states otherwise.

Intellectual Property and Ownership 

Ownership of Designs and Materials 

Unless otherwise agreed in writing, all designs, drawings, specifications, and other intellectual property created by Beyond in connection with the Goods and Services remain the property of Beyond. The Client is granted a non-exclusive, non-transferable license to use such materials solely for internal business purposes.

Custom Designs

Even if Beyond does not separately charge for design or consulting services, Beyond retains ownership of all intellectual property in custom designs or product concepts created for the Client. If the Client requires full ownership or transfer of these rights, a separate written agreement must be executed.

Use of Client Branding

When Beyond incorporates the Client’s logos, artwork, or other brand assets into a design or product, those assets remain the property of the Client. Beyond does not claim ownership of any trademarks or copyrighted materials provided by the Client.

Permitted Use

The Client may not reproduce, distribute, or otherwise use Beyond’s designs or documentation for purposes outside the scope of its internal business needs, unless Beyond provides explicit written permission.

Indemnification & Liability  

Mutual Indemnification for Third-Party Claims 

• By Client:
  
• • The Client (“Indemnifying Party”) shall defend, indemnify, and hold Beyond (“Indemnified Party”) harmless from any third-party claims, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising out of the Client’s negligence, willful misconduct, or breach of this Agreement—including any claims related to Client Content, branding, or other materials the Client provides. 
    
• By Beyond:
  
• • Beyond (“Indemnifying Party”) shall defend, indemnify, and hold the Client (“Indemnified Party”) harmless from any third-party claims, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising out of Beyond’s negligence, willful misconduct, or breach of this Agreement.

Exclusions for Unauthorized Use

Neither party shall be responsible for indemnifying the other against claims arising from improper or unauthorized use, modification, or integration of the Deliverables or Designs once provided—especially if such use was not approved in writing or is contrary to any documented guidelines.

Conditions for Indemnification

• Prompt Notice: 
• • The Indemnified Party must promptly notify the Indemnifying Party in writing of any claim.
• Defense & Cooperation: 
• • The Indemnifying Party controls the defense and settlement negotiations (subject to the Indemnified Party’s right to participate at its own expense), and the Indemnified Party will reasonably cooperate.
• Settlement Approval: 
• • No settlement imposing obligations or admissions on the Indemnified Party shall be made without that party’s prior written consent (which shall not be unreasonably withheld).

Gross Negligence or Willful Misconduct

Nothing in this section shall limit or exclude liability for a party’s gross negligence or willful misconduct to the extent such limitation is unenforceable under applicable law.

Limitation of Liability  

BEYOND’S TOTAL LIABILITY TO THE CLIENT FOR ANY CLAIM RELATED TO THE GOODS AND SERVICES—WHETHER IN CONTRACT, TORT, OR OTHERWISE—SHALL NOT EXCEED THE TOTAL AMOUNT THE CLIENT ACTUALLY PAID FOR THE SPECIFIC GOODS OR SERVICES GIVING RISE TO THE CLAIM. IN NO EVENT SHALL BEYOND BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR REVENUE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Compliance with Laws  

Each party agrees to comply with all applicable federal, state, and local laws and regulations in connection with its performance under this Agreement.

Local Codes and Regulatory Compliance:

Beyond is not responsible for any modifications or additional costs required to bring the delivered Goods and Services into compliance with local or state building codes or regulatory requirements. Any such modifications or costs shall be borne solely by the Client.

Governing Law and Jurisdiction  

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any legal action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Duval County, Florida.

Termination and Dispute Resolution  

Termination for Cause:

Either party may terminate this Agreement if the other party materially breaches its obligations and fails to cure such breach within 30 days after receiving written notice.

Dispute Resolution:

If any dispute arises out of or relating to this Agreement, the parties agree first to attempt to resolve the matter through good-faith negotiations. If a resolution cannot be reached, the dispute shall be submitted to mediation. Should mediation fail, either party may pursue arbitration or litigation, in accordance with the governing law and jurisdiction outlined in the Governing Law & Jurisdiction section.

Miscellaneous Provisions

Entire Agreement:

These T&Cs, along with any quotes, proposals, or referenced documents we provide, form the complete agreement between us. Any prior conversations or documents are superseded by this Agreement. Any amendments must be in writing and signed by both parties.

Severability:

If any part of this Agreement is found to be invalid or unenforceable, the rest of the Agreement will remain in full force and effect. We’ll work together in good faith to replace the invalid or unenforceable provision with one that achieves the original intent.

Waiver:

If we don’t enforce a provision of this Agreement, it doesn’t mean we’ve waived our right to enforce it later. Any waiver must be in writing and signed by the party granting it.

Assignment:

You may not assign your rights or obligations under this Agreement without our prior written consent. We may assign our rights and obligations without your consent.

Notices:

All notices under this Agreement must be in writing and sent to the contact information listed within this section. Notices are considered delivered when sent via email (with confirmation), certified mail, or a recognized overnight delivery service to the addresses provided by the parties.

Mailing Address:

Beyond The Menu

ATTN: Legal Dept

10151 Deerwood Park Blvd

Bldg 200 | Ste 250

Jacksonville, FL 32246

Email: support@beyondthemenu.com

Headings:

The section titles are just for reference—they don’t affect how we interpret the Agreement.

Relationship:

We’re independent contractors. Nothing in this Agreement creates a partnership, joint venture, or agency relationship between us. Neither of us has the authority to bind the other without prior written consent.