Conditions to the KitchenB2B Manager Guarantee
In order to be eligible to obtain payment under these Manager Guarantee Terms, you must fully comply with each of the following conditions.
Your failure to fully comply will prevent your recovery of any Covered Losses. In all cases, the burden of proof will be upon you to demonstrate
that you have complied with the following conditions.
You must have incurred Covered Losses.
You must have used reasonable efforts in connection with the Responsible Patron at your facility to comply with KitchenB2B’s safety guidelines as described
at https://www.KitchenB2B.com.
You must inspect the applicable facility to determine whether there are any physical losses or damages to any Covered Property and notify KitchenB2B of such losses or damages within the earlier of (i) two (2) days following the date of termination of the Responsible Patron’s booking of the applicable facility or (ii) the date by which the next subsequent booking of the same facility begins. You can notify KitchenB2B either by opening a claim in the Resolution Center or by contacting customer support directly.
For all Covered Property which is damaged or destroyed due to a violation of law or criminal act or misdemeanor and for which you are filing a KitchenB2B Manager Guarantee Payment Request Form, you must file a police report listing such Covered Property and provide KitchenB2B with a copy of such report, certified by you as true and correct.
You must provide KitchenB2B with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to KitchenB2B.
Within thirty (30) days after you have incurred a Covered Loss, you must (i) complete and file a KitchenB2B Manager Guarantee Payment Request Form and (ii) deliver a signed and sworn proof of loss to us, unless we provide a written extension of such deadline. The proof of loss must state your knowledge and belief as to the following:
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The time, cause and origin of the Covered Loss, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
- The ownership, leasehold or other interest of you and all other parties in the Covered Property for which Covered Loss is claimed.
- The Actual Cash Value and replacement value of each item of the Covered Property, as well as the amount of such loss or damage to each item of such Covered Property.
- All liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.
- Any changes in the title, use, occupation, location, possession, or exposures of the facility since the date of the Listing.
- The identity of and other information known about the Responsible Patron, and any other party present at or using the facility where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such facility was being used by such parties on such date and whether or not it then stood on leased ground.
- The date when you contacted the Responsible Patron to request payment for the loss you are claiming, and the date on which the Responsible Patron declined or failed to pay for the loss.
As part of the signed and sworn proof of loss described above, you must provide KitchenB2B with all information it reasonably requests in order to determine the Actual Cash Value with respect to Covered Property, including: the original purchase price of such Covered Property, the date such Covered Property was acquired, the condition of such Covered Property and the estimated cost of repair or replacement of such Covered Property.
You must (i) protect and preserve damaged Covered Property from further loss or damage and (ii) promptly separate the damaged and undamaged Covered Property, put it in the best possible order, and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, and amount of loss claimed.
You must, as often as may be reasonably requested by KitchenB2B or its designees (i) exhibit all that remains of any damaged Covered Property and sign the written records of examination; (ii) produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (iii) permit extracts and machine copies to be made of the above.
You must permit KitchenB2B or its designee (s) to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by KitchenB2B or KitchenB2B’s insurer to determine or warrant that damaged Covered Property is safe or healthful. We will have no liability to you or any other person because of any inspection or failure to inspect.
You must cooperate with KitchenB2B, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that KitchenB2B or its designees may require or request to process the applicable KitchenB2B Manager Guarantee Payment Request Form.
With respect to Covered Property subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss that reaches or exceeds fifty thousand US dollars (US $50,000), and provide KitchenB2B with a copy of such notice. If the lender/mortgagee notifies you that the lender/mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify KitchenB2B in writing of the lender/mortgagee’s request and transmit a written copy of said request to KitchenB2B, and provide all other information to enable KitchenB2B to communicate directly with the lender. If such loss is determined to be a Covered Loss, we will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein), and we will not pay you unless and until your monetary obligation to the lender/mortgagee has been satisfied. This condition shall apply to the extent of applicable law in your jurisdiction.
You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged. You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold. If you determine that the Covered Property is unfit for reprocessing or sale, the property will not be sold or disposed of except by you or with your consent. Proceeds from the sale or other disposition of such Covered Property will go to (i) KitchenB2B’s insurer at the time of the Covered Loss settlement, or (ii) you if such sale or disposition proceeds are received prior to Covered Loss settlement and such proceeds will reduce the amount of the Covered Loss payable to you.