Cafe Food Service Contract
Cafe Food Service Contract
This Cafe Food Service Contract (the "Contract") is entered into as of [Date], by and between [Your Company Name], with its principal place of business located at [Your Company Address] (hereinafter referred to as the "Cafe"), and [Food Service Provider Name], with its principal place of business located at [Food Service Provider Address] (hereinafter referred to as the "Provider"). The purpose of this Contract is to establish a legally binding agreement between the Cafe and the Provider, defining the terms and conditions under which the Provider will provide food service to the Cafe.
WHEREAS, [Your Company Name] operates a cafe business located at [Your Company Address] (the "Cafe"); and
WHEREAS, [Food Service Provider Name] is engaged in the business of providing food services and desires to provide such services to the Cafe; and
WHEREAS, the Cafe desires to engage the services of the Provider for the provision of food services at the Cafe; and
WHEREAS, both parties wish to enter into a formal agreement to define the terms and conditions of the food service arrangement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Responsibilities of the Provider
1.1 Food Supply: The Provider shall be responsible for sourcing, purchasing, and supplying all food items required by [Your Company Name] for the operation of the Cafe. The Provider must ensure that all food items supplied are of the highest quality, fresh, and meet the food safety and hygiene standards set by [Your Company Name]. This includes but is not limited to ensuring that all ingredients used in food preparation are fresh, not expired, and comply with local health regulations.
1.2 Delivery Schedules: The Provider shall strictly adhere to the agreed-upon delivery schedules to ensure the timely supply of food items to the Cafe. Any deviation from the agreed delivery schedules must be communicated promptly to [Your Company Name], along with the reasons for the deviation. In the event of unforeseen circumstances that may impact the delivery schedule, the Provider shall notify [Your Company Name] immediately and work towards resolving the issue promptly.
1.3 Record-keeping: The Provider shall maintain accurate and up-to-date records of all deliveries made to the Cafe. These records shall include details such as the date and time of delivery, quantity and description of food items delivered, and any special instructions or requirements specified by [Your Company Name]. Upon request, the Provider shall provide these records to [Your Company Name] for review and verification.
2. Payment Terms
2.1 Payment Obligation: [Your Company Name] agrees to pay the Provider for the food services provided in accordance with the pricing agreed upon in this agreement. The Provider shall submit a detailed invoice to [Your Company Name] for each delivery, specifying the food items supplied, quantity, unit price, and total amount due.
2.2 Payment Schedule: Payments shall be made within [Number] days of receipt of a valid invoice from the Provider. [Your Company Name] shall make payments via the agreed-upon method, unless otherwise agreed upon in writing between both parties. Failure to make payment within the specified timeframe may result in late fees being applied as outlined in this agreement.
2.3 Payment Method: Payments shall be made by [Payment Method], as agreed upon by both parties. [Your Company Name] shall ensure that payments are made in a timely manner and that sufficient funds are available to cover the cost of the food services provided by the Provider.
2.4 Late Payments: In the event that [Your Company Name] fails to make payment within the specified timeframe, late payments shall accrue interest at the rate of [Rate]% per month until paid in full. This interest shall be calculated based on the total amount outstanding and shall be applied to any overdue payments until the outstanding balance is settled.
3. Dispute Resolution
3.1 Negotiation: Both parties agree that in the event of any dispute arising out of or in connection with this Contract, they shall first attempt to resolve the dispute through amicable negotiations. Each party shall appoint a representative to participate in the negotiations and shall endeavor to reach a mutually acceptable resolution within [Number] days of one party giving notice of the dispute to the other party.
3.2 Arbitration: If the dispute cannot be resolved through negotiations within the specified time frame, either party may refer the dispute to arbitration. The arbitration shall be conducted in accordance with the rules of arbitration applicable at the operational location of [Your Company Name] at the time of the dispute. The parties shall agree on a single arbitrator or a panel of arbitrators, and the decision of the arbitrator(s) shall be final and binding upon both parties.
3.3 Arbitration Procedure: The arbitration proceedings shall be conducted in [Language] and shall take place in [Location]. The arbitrator(s) shall have the authority to determine the scope of the dispute, to order specific performance or other equitable relief, and to award damages, costs, and attorney fees to the prevailing party. The arbitration award shall be enforceable in any court of competent jurisdiction.
3.4 Final Decision: The decision of the arbitrator(s) shall be final and binding upon both parties, and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction.
4. Termination
4.1 Termination Notice: This contract may be terminated by either party with a written notice of 30 days. The notice period shall commence from the date of receipt of the termination notice by the other party. The terminating party shall specify the reasons for termination in the notice.
4.2 Breach of Contract: In the event of a material breach of any provision of this contract by either party, the other party reserves the right to terminate the agreement immediately without any further notice. The terminating party shall provide written notice of termination to the breaching party, specifying the nature of the breach and the effective date of termination.
5. Confidentiality
5.1 Confidentiality Obligation: Both parties agree to keep all aspects of this contract confidential and not disclose any information to any third party without the prior written consent of the other party. This includes, but is not limited to, the terms and conditions of this contract, pricing information, and any other information designated as confidential by either party.
5.2 Exceptions: The confidentiality obligations set forth in this agreement shall not apply to information that:
a. is or becomes publicly known through no fault of the receiving party;
b. is already in the possession of the receiving party without restriction as to confidentiality prior to disclosure by the disclosing party;
c. is independently developed by the receiving party without use of or reference to the disclosing party's confidential information; or
d. is rightfully received by the receiving party from a third party without restriction as to confidentiality.
5.3 Survival: The obligations of confidentiality under this agreement shall survive the termination of this contract for a period of [Number] years from the date of termination. After such period, both parties shall continue to maintain the confidentiality of any confidential information disclosed during the term of this contract.
6. Insurance
6.1 Insurance Requirement: The Provider shall maintain adequate insurance coverage for its business operations, including but not limited to general liability insurance, product liability insurance, and any other insurance required by law or reasonably requested by [Your Company Name]. The Provider shall provide [Your Company Name] with proof of such insurance coverage upon request.
6.2 Insurance Documentation: The Provider shall provide [Your Company Name] with copies of its insurance policies, including any endorsements naming [Your Company Name] as an additional insured, upon request. The Provider shall also provide [Your Company Name] with annual certificates of insurance evidencing the coverage required by this agreement.
6.3 Insurance Limits: The Provider's insurance policies shall have limits of liability that are customary and reasonable for its business operations, as determined by [Your Company Name]. The Provider shall maintain such insurance coverage for the duration of this contract and provide [Your Company Name] with updated insurance documentation upon renewal of the policies.
7. Indemnification
7.1 Indemnification Obligation: The Provider shall indemnify, defend, and hold harmless [Your Company Name], its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with the Provider's performance or non-performance under this contract. This includes, but is not limited to, claims for personal injury, property damage, or violation of any laws or regulations.
7.2 Limitation of Liability: The Provider's total liability under this contract shall not exceed the total amount paid by [Your Company Name] to the Provider for the services provided under this contract. This limitation of liability shall apply to all claims, whether based on contract, tort (including negligence), strict liability, or any other legal theory.
7.3 Notice of Claim: [Your Company Name] shall promptly notify the Provider in writing of any claim, demand, or action for which it seeks indemnification under this section. Failure to provide such notice shall not relieve the Provider of its indemnification obligations, except to the extent that the Provider can demonstrate that it was materially prejudiced by such failure.
8. Governing Law
8.1 Governing Law and Jurisdiction: This contract shall be governed by and construed in accordance with the laws of the state or country where [Your Company Name] is located. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
8.2 Waiver of Jury Trial: Each party hereby waives any right to a trial by jury in any legal proceeding arising out of or relating to this contract. This waiver shall apply to any claim, counterclaim, or cross-claim brought by either party.
8.3 Entire Agreement: This contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations, and understandings, whether oral or written, between the parties. Any amendments to this contract must be in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this contract as of the Effective Date, indicating their acceptance and agreement to be bound by the terms and conditions herein stated. This contract signifies the mutual understanding and agreement reached after thorough negotiations and discussions between [Your Company Name] and [Food Service Provider Name].
Both parties acknowledge that they have read and understood the contents of this contract, and by affixing their signatures below, they confirm their intent to be legally bound by its terms. This document serves as a formal record of the agreement entered into between [Your Company Name] and [Food Service Provider Name], and it shall remain in effect until terminated or amended by mutual agreement in writing.
[Your Company Name], located at [Your Company Address], represented by [Your Name], [Your Title], hereby agrees to the terms and conditions set forth in this contract.
By: 
[Your Name]
[Your Job Title]
Date: [Date]
[Food Service Provider Name], located at [Food Service Provider Address], represented by [Food Service Provider Representative Name], [Job Title], hereby agrees to the terms and conditions set forth in this contract.
By:
[Food Service Provider Representative Name]
[Job Title]
Date: [Date]
