Bakery Delivery Agreement
Bakery Delivery Agreement
This Bakery Delivery Agreement (the "Agreement") is made and entered into on [Month Day, Year] (the "Effective Date"), by and between [Your Company Name], a bakery located at [Your Company Address] ("Bakery"), and [Your Partner Company Name / Second Party], located at [Your Partner Company Name / Second Party Address] ("Client").
1. Scope of Services
1.1 Delivery Services
The Bakery agrees to provide delivery services (the "Services") for baked goods (the "Products") as per the order placed by the Client. The Services will include packaging, transportation, and delivery to the address specified by the Client.
1.2 Delivery Schedule
Deliveries will be made according to the schedule agreed upon by both parties. The Bakery will endeavor to adhere to the specified delivery times, but shall not be liable for delays caused by factors beyond its control, including but not limited to traffic, weather conditions, or any other unforeseen events.
2. Order Placement
2.1 Order Process
The Client shall place orders via [phone], providing detailed specifications for the Products, including quantity, type, and any specific delivery instructions. Orders must be placed at least [0] hours/days in advance of the desired delivery date.
2.2 Order Confirmation
The Bakery will confirm receipt of the order and provide an estimated delivery time. A confirmation will be sent to the Client via [email].
3. Pricing and Payment
3.1 Pricing
The price of the Products and Services will be as per the pricing list provided to the Client. Any changes to the pricing will be communicated to the Client in writing at least [0] days in advance.
3.2 Payment Terms
The Client agrees to pay for the Products and Services as per the invoice provided by the Bakery. Payment is due [0] days from the date of the invoice. Payment can be made via [credit card or bank transfer].
3.3 Late Payments
In the event of late payments, the Bakery reserves the right to charge interest at the rate of [0]% per month on the outstanding amount. Continued failure to make payments may result in the suspension of delivery services.
4. Delivery Conditions
4.1 Delivery Location
Deliveries will be made to the address specified by the Client. The Client is responsible for ensuring that the delivery location is accessible and safe for the delivery personnel.
4.2 Delivery Acceptance
The Client or an authorized representative must be present to accept the delivery. The Client shall inspect the Products upon delivery and notify the Bakery of any discrepancies or defects within [0] hours.
4.3 Risk and Title
Risk of loss or damage to the Products passes to the Client upon delivery. Title to the Products passes to the Client upon full payment.
5. Product Quality and Safety
5.1 Quality Assurance
The Bakery guarantees that the Products will be of high quality, fresh, and prepared in compliance with all applicable health and safety regulations.
5.2 Handling and Storage
The Client is responsible for the proper handling and storage of the Products after delivery. The Bakery shall not be liable for any damage or spoilage resulting from improper handling or storage by the Client.
6. Changes and Cancellations
6.1 Order Changes
Any changes to the order must be communicated to the Bakery at least [0] hours/days before the scheduled delivery time. The Bakery will make reasonable efforts to accommodate changes but does not guarantee that all changes can be implemented.
6.2 Order Cancellations
The Client may cancel an order by providing notice to the Bakery at least [0] hours/days before the scheduled delivery time. Cancellations made within [0] hours/days of the delivery time may be subject to a cancellation fee.
7. Term and Termination
7.1 Term
This Agreement shall commence on the Effective Date and continue until terminated by either party as provided herein.
7.2 Termination for Convenience
Either party may terminate this Agreement for any reason by providing [0] days' written notice to the other party.
7.3 Termination for Cause
Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term of this Agreement and fails to cure such breach within [0] days of receiving notice of the breach.
7.4 Effects of Termination
Upon termination of this Agreement, the Client shall pay for all Products and Services delivered up to the effective date of termination. Sections [3, 4, 5, 7.4, and 8] shall survive termination of this Agreement.
8. Limitation of Liability
8.1 Disclaimer of Warranties
Except as expressly provided in this Agreement, the Bakery disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
8.2 Limitation of Damages
In no event shall either party be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement, whether based on breach of contract, tort (including negligence), or any other legal theory.
8.3 Maximum Liability
The maximum liability of either party under this Agreement shall not exceed the total amount paid by the Client for the Products and Services under this Agreement during the [0] months preceding the event giving rise to the claim.
9. Confidentiality
9.1 Confidential Information
Each party agrees to keep confidential and not disclose to any third party any confidential information received from the other party in connection with this Agreement, except as required by law or with the other party's prior written consent.
9.2 Use of Confidential Information
Confidential information shall only be used for the purposes of fulfilling obligations under this Agreement and shall not be used for any other purpose without the prior written consent of the disclosing party.
10. Miscellaneous
10.1 Independent Contractors
The parties are independent contractors, and nothing in this Agreement shall be construed to create a partnership, joint venture, or employer-employee relationship between the parties.
10.2 Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, or other labor disputes, embargoes, government orders, or any other force majeure event.
10.3 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles.
10.4 Dispute Resolution
Any disputes arising out of or in connection with this Agreement shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation in [Your City, State], and if mediation fails, to binding arbitration under the rules of the American Arbitration Association.
10.5 Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.
10.6 Amendments
This Agreement may only be amended by a written agreement signed by both parties.
10.7 Waivers
No waiver of any term or condition of this Agreement shall be valid unless made in writing and signed by the party against whom the waiver is to be enforced. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce it in the future.
10.8 Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.
10.9 Notices
All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered in person, sent by certified mail, return receipt requested, or by a nationally recognized overnight delivery service to the addresses specified below:
Bakery
[Your Company Name]
[Your Company Address]
[Your Company Email]
[Your Company Number]
Client
[Your Partner Company Name / Second Party]
[Your Partner Company Name / Second Party Address]
[Your Partner Company Name / Second Party Email]
[Your Partner Company Name / Second Party Number]
10.10 Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Bakery Delivery Agreement as of the Effective Date.
[Your Company Name]
By:
[Your Name]
[Title]
[Month Day, Year]
[Your Partner Company Name / Second Party]
By:
[Complete Name]
[Title]
[Month Day, Year]
