Restaurant Food & Beverage Operations Contract
I. Introduction
A. Purpose
This Restaurant Food & Beverage Operations Contract (hereinafter referred to as "Contract") is made and entered into as of [Date] between [Your Company Name] located at [Your Company Address] (hereinafter referred to as "Restaurant") and [Vendor/Service Provider Name] located at [Vendor/Service Provider Address] (hereinafter referred to as "Provider"). The purpose of this Contract is to establish the terms and conditions under which the Provider will supply food and beverage products and related services to the Restaurant.
B. Scope
This Contract covers all aspects of food and beverage operations, including the procurement, delivery, quality control, and management of food and beverage products supplied to the Restaurant. It is intended to ensure that both parties clearly understand their roles, responsibilities, and obligations to maintain a mutually beneficial relationship.
II. Definitions
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Restaurant: [Your Company Name], including all its branches and subsidiaries.
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Provider: [Vendor/Service Provider Name], including all its affiliates and subcontractors.
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Products: All food and beverage items, including raw materials, semi-processed, and fully prepared items, supplied by the Provider.
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Services: Additional tasks performed by the Provider related to the supply of food and beverage products, such as delivery, setup, and maintenance.
III. Terms and Conditions
A. Duration
This Contract shall commence on [Start Date] and remain in effect until [End Date] unless terminated earlier in accordance with the provisions set forth herein.
B. Renewal
The Contract may be renewed upon mutual written agreement of both parties at least 30 days prior to the expiration date. Renewal terms and conditions will be negotiated and agreed upon at that time.
C. Termination
Either party may terminate this Contract with 30 days written notice to the other party. Termination for cause, such as breach of contract, may be immediate upon written notice if the breach is not cured within 30 days of notification.
D. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information disclosed during the term of this Contract. This obligation shall survive the termination of the Contract.
IV. Provider Obligations
A. Product Specifications
The Provider agrees to supply products that meet the following specifications:
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Quality: All products must be fresh, high-quality, and comply with the Restaurant's standards and specifications.
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Packaging: Products must be properly packaged to prevent contamination and damage during transportation.
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Labeling: Each product must be clearly labeled with the name, ingredients, expiration date, and any other relevant information.
B. Delivery Requirements
The Provider shall ensure timely delivery of products according to the following schedule:
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Delivery Times: Products must be delivered between [Start Time] and [End Time] on Monday, Wednesday, and Saturday.
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Delivery Locations: Products must be delivered to [Your Company Address] or other specified locations as agreed upon.
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Delivery Vehicles: All delivery vehicles must be clean, well-maintained, and equipped with necessary refrigeration or heating units to ensure product quality.
C. Compliance with Laws
The Provider is obligated to adhere to all relevant laws and regulations at the federal, state, and local levels that pertain to the safety, hygiene, and transportation of food.
V. Restaurant Obligations
A. Order Placement
The Restaurant agrees to place orders with the Provider according to the following process:
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Order Submission: Orders must be submitted at least 30 days in advance through email.
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Order Details: Each order must include the product name, quantity, desired delivery date, and any special instructions.
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Order Confirmation: The Provider must confirm receipt and acceptance of the order within 24 hours.
B. Inspection and Acceptance
Upon delivery, the Restaurant will inspect the products to ensure they meet the agreed-upon specifications:
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Inspection Timeframe: Inspection must be completed within 24 hours of delivery.
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Acceptance Criteria: Products that meet the quality, packaging, and labeling specifications will be accepted.
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Rejection Procedure: Products that do not meet the specifications will be rejected and must be replaced within 24 hours at no additional cost to the Restaurant.
C. Payment Terms
The Restaurant agrees to pay the Provider according to the following terms:
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Payment Method: Payments will be made via bank transfers or in cash.
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Payment Schedule: Payments will be processed within 15 days of receiving an accurate invoice.
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Invoice Requirements: Invoices must include the order number, delivery date, product details, and total amount due.
Payment Schedule
|
Invoice Date |
Payment Due Date |
|---|---|
|
1st of the Month |
15th of the Month |
|
15th of the Month |
30th of the Month |
VI. Quality Control
A. Inspection Standards
Both parties agree to the following inspection standards to maintain product quality:
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Visual Inspection: Products will be visually inspected for freshness, appearance, and packaging integrity.
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Temperature Checks: Perishable items will be checked for proper storage temperatures.
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Sampling: Random samples of products will be tested for compliance with quality standards.
B. Non-Conformance and Corrective Actions
In the event of non-conformance, the following corrective actions will be taken:
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Notification: The Restaurant will notify the Provider of any non-conforming products within 24 hours of inspection.
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Replacement: The Provider must replace non-conforming products within 24 hours at no additional cost.
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Continuous Improvement: Both parties will work together to identify and implement improvements to prevent recurrence of non-conformance issues.
Quality Control Measures
|
Inspection Type |
Frequency |
Responsible Party |
|---|---|---|
|
Visual Inspection |
Upon Delivery |
Restaurant |
|
Temperature Check |
Upon Delivery |
Restaurant |
|
Sampling |
Randomly Selected |
Both Parties |
VII. Dispute Resolution
A. Negotiation
Should a dispute emerge as a result of the terms and conditions specified within this Contract, it is mutually agreed upon by both parties involved that an initial effort will be made to settle the issue by engaging in negotiations conducted in good faith.
B. Mediation
If the parties involved in the dispute are unable to reach a resolution through negotiation within a period of 30 days, they have agreed that they will move forward with mediation, and that this process will be conducted by a mediator upon whom both parties mutually agree.
C. Arbitration
In the event that mediation is unsuccessful, the disagreement will be settled by way of binding arbitration, which will be conducted in adherence to the regulations set forth by the American Arbitration Association.
VIII. Indemnification and Liability
A. Indemnification
Both parties agree to indemnify and hold harmless the other party from any claims, damages, liabilities, or expenses arising from their respective actions or omissions related to this Contract.
B. Limitation of Liability
Neither party shall be held responsible or legally obligated to the other for any damages that are indirect, incidental, special, or consequential that may arise as a result of this Contract.
IX. Force Majeure
A. Definition
Neither party shall be liable for any failure or delay in performing their obligations under this Contract if such failure or delay is caused by events beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor strikes, or governmental actions.
B. Notification
The party that is affected by the occurrence of a force majeure event must promptly notify the other party involved in the contract, detailing the nature of the event as well as its impacts on their capacity to meet their commitments under the terms of the contract as quickly as is reasonably possible.
C. Mitigation
Both parties consent and commit to undertaking all reasonable measures necessary to alleviate the impacts caused by the force majeure event and to promptly resume the fulfillment of their respective duties and obligations as soon as feasible.
X. Miscellaneous
A. Governing Law
The provisions of this Contract are to be governed by and interpreted in accordance with the laws of the State of [State]. This interpretation will occur without giving effect to any principles of conflicts of law that could cause the laws of another jurisdiction to be applied.
B. Entire Agreement
This Contract constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and communications, whether written or oral, regarding the subject matter herein.
C. Amendments
Any modifications or adjustments made to this Contract must be fully documented in written form and shall require the endorsement through signatures from both parties involved in this agreement.
D. Severability
Should any provision contained within this Contract be deemed invalid or unenforceable by a court of competent jurisdiction, all other provisions herein will continue to be valid and enforceable, remaining in full force and effect.
E. Waiver
The fact that one party does not enforce any part of this contract at any given time should not be interpreted as that party giving up their right to enforce that part of the contract or any other part in the future.
F. Notices
All notifications that are either required or permitted under the terms of this Contract must be drafted in written form and subsequently delivered to the respective parties. These deliveries should be made to the addresses that have been specified previously in the document.
IN WITNESS WHEREOF, the parties hereto have executed this Restaurant Food & Beverage Operations Contract as of the day and year first above written.
[Your Company Name]
[Your Name]
[Title]
[Date]
[Vendor/Service Provider Name]
[Vendor/Service Provider Representative Name]
[Title]
[Date]
