Bakery Payment Agreement
Bakery Payment Agreement
I. Agreement Overview
This Bakery Payment Agreement ("Agreement") is executed and becomes effective as of [Date], by and between [Your Company Name] ("Bakery"), a company with its principal place of business located at [Your Company Address], and [Client's Name] ("Client"), who resides at [Client's Address].
A. Purpose
The primary objective of this Agreement is to establish a clear and mutually agreed-upon framework for the provision of baked goods and related services by the Bakery to the Client, and to delineate the payment obligations of the Client for the products and services rendered by the Bakery. This Agreement aims to provide a comprehensive outline of the payment structure, the payment schedule, and any additional terms that govern the financial transactions between the Bakery and the Client, ensuring both parties are fully aware of their respective rights and responsibilities.
B. Definitions
Bakery Goods: This term refers to all the baked products offered by the Bakery, which include but are not limited to cakes, pastries, bread, cookies, and other similar items, all of which are made in accordance with the Bakery’s recipes and quality standards.
Services: This term encompasses any additional services provided by the Bakery that go beyond the sale of baked goods. These services may include custom cake design, event catering, delivery, and any other specialized services agreed upon by both parties.
Payment Terms: This term refers to the conditions and schedule under which payments for Bakery goods and services are to be made by the Client. It includes details on payment amounts, due dates, accepted payment methods, and any applicable fees or discounts.
II. Services and Deliverables
A. Description of Goods and Services
Goods Provided:
The Bakery will provide a range of baked goods as specified in the Client's order. This may include individual items such as chocolate cakes, croissants, and assorted cookies, as well as bulk quantities based on the Client’s needs. Each item provided will adhere to the Bakery’s high-quality standards, with detailed specifications regarding size, flavor, and decoration as outlined in the order form submitted by the Client. Delivery options for the goods include either a pick-up arrangement or delivery service, depending on the Client’s preference and the Bakery’s availability.
Services Provided:
The Bakery offers custom cake design services, which include consultations with the Client to create a cake tailored to specific requirements, such as design, flavor, and size, with a focus on achieving the Client’s vision. Event catering services are available, encompassing not only the provision of baked goods but also the setup and teardown of catering stations at the Client’s event, ensuring a seamless experience. Delivery services are available with specified timeframes to ensure timely arrival of goods. The Bakery will coordinate with the Client to arrange a convenient delivery schedule.
B. Delivery Schedule
Delivery Dates: The Bakery commits to delivering goods on the dates agreed upon in the order confirmation. Both parties will confirm these dates in advance to avoid any scheduling conflicts.
Delivery Times: Delivery times will be arranged based on mutual availability and the Client’s requirements, with the Bakery striving to adhere to the agreed time slots. Any deviations from the scheduled delivery times will be communicated to the Client as soon as possible.
Late Deliveries: In the event of any potential delays, the Bakery will notify the Client promptly to explain the situation and provide an updated delivery time. The Bakery will not be held liable for any damages or losses incurred due to late deliveries unless otherwise stipulated.
III. Payment Terms
A. Pricing
Pricing Structure:
The prices for individual baked goods and services will be clearly outlined in the order form. For example, a standard chocolate cake may be priced at [$25], while a dozen croissants could cost [$15]. These prices are subject to change based on the Bakery’s current pricing policy. Bulk order discounts may be applied for large orders, such as a [10%] discount for orders exceeding [$200]. This discount will be calculated and applied to the total invoice amount. Custom services, such as cake design consultations, will be charged separately, with a standard fee of [$50] per hour, as agreed upon in the service description.
Taxes and Fees:
Sales tax will be applied to all purchases at the prevailing state tax rate of [State], which is currently [12%]. This tax will be calculated based on the total cost of goods and services provided. Delivery fees, if applicable, will be assessed based on the delivery location. For example, a flat fee of $10 will apply to deliveries within [City], while a fee of [$20] will be charged for deliveries outside this area.
B. Payment Schedule
Deposit:
To confirm an order, the Client is required to provide a deposit of [$5,000], which will secure the reservation of the goods and services requested. This deposit is non-refundable unless otherwise stated in the cancellation policy.
Balance Payment:
The remaining balance for the order is due upon delivery or pick-up. The Client must ensure that the balance is settled in full at the time of receipt of the goods and services.
Late Fees:
A late fee of [$250] will be applied to any payments that are not received within [7] days of the due date. This fee is intended to compensate the Bakery for the additional administrative efforts required to manage overdue accounts.
C. Payment Methods
Accepted Payment Methods:
The Bakery accepts a range of payment methods including major credit cards such as Visa, MasterCard, and American Express, as well as debit cards. Payments made with these cards will be processed through secure payment gateways. Cash payments are accepted for in-store purchases only. For orders placed online or by phone, cash payments are not permissible. Checks are accepted; however, they must clear before the delivery date to ensure that the payment is valid.
Online Payment:
Clients can make payments through [Payment Processor] on the Bakery’s website at [Your Company Website]. This online payment option provides a secure and convenient way to complete transactions.
IV. Responsibilities and Obligations
A. Bakery Responsibilities
Quality Assurance:
The Bakery is committed to delivering products of the highest quality, in line with the specifications and standards described in the order form. Each item will be prepared with care to meet the Client’s expectations.
Timeliness:
The Bakery will adhere to the delivery schedule agreed upon with the Client, making every effort to ensure that goods are delivered on time. Any delays will be communicated promptly to mitigate any inconvenience to the Client.
B. Client Responsibilities
Order Accuracy:
The Client is responsible for providing accurate details regarding the order, including quantities, specific requirements, and any customization needed. Incorrect or incomplete information may lead to delays or additional charges.
Payment Timeliness:
The Client agrees to adhere to the payment schedule outlined in this Agreement, ensuring that all payments are made promptly to avoid any disruptions in service or additional late fees.
C. Modification and Cancellation
Order Modifications:
Any changes or modifications to the order must be communicated to the Bakery at least [5] days before the scheduled delivery date. This allows sufficient time for adjustments to be made and ensures that the Bakery can accommodate the revised request.
Order Cancellation:
Cancellations made at least [5] days before the delivery date will result in a full refund of the deposit. Cancellations made within [3] days of the delivery date will forfeit the deposit, as the Bakery may have already incurred costs in preparation for the order.
V. Confidentiality
A. Confidential Information
Definition:
Confidential information encompasses all non-public information shared between the Bakery and the Client related to the order, including pricing details, custom designs, and any other proprietary information.
Non-Disclosure:
Both parties agree to maintain the confidentiality of this information and not disclose it to any third parties without prior written consent from the other party. This obligation extends beyond the termination of this Agreement.
VI. Termination
A. Termination Conditions
Termination by Bakery:
The Bakery reserves the right to terminate this Agreement if the Client fails to make payments as scheduled, or if the Client breaches any other terms and conditions outlined in this Agreement. Such termination will be communicated in writing, and any outstanding amounts must be settled.
Termination by Client:
The Client may terminate the Agreement if the Bakery fails to deliver the goods or services as agreed, provided that the non-performance is not due to circumstances beyond the Bakery’s control. The Client must notify the Bakery in writing of the termination.
B. Effect of Termination
Refunds:
Upon termination of the Agreement, any pre-paid amounts or deposits will be refunded in accordance with the cancellation policy. Refunds will be processed promptly, subject to any applicable deductions.
Outstanding Payments:
Any outstanding payments due to the Bakery must be settled immediately upon termination of the Agreement. This ensures that both parties fulfill their financial obligations.
VII. Dispute Resolution
A. Governing Law
Jurisdiction:
This Agreement shall be governed by and construed in accordance with the laws of the State of [State]. Any legal disputes arising from this Agreement will be subject to the jurisdiction of the courts in [City], [State].
B. Dispute Resolution Process
Mediation:
In the event of a dispute, both parties agree to first attempt to resolve the issue through mediation. This informal process aims to facilitate a mutually acceptable resolution without resorting to legal action.
Arbitration:
If mediation fails to resolve the dispute, the matter will be submitted to binding arbitration in [City], [State]. The arbitration decision will be final and enforceable, with both parties agreeing to abide by the outcome.
VIII. Miscellaneous
A. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, understandings, and representations, whether oral or written, related to the subject matter herein.
B. Amendments
Any modifications or amendments to this Agreement must be made in writing and signed by authorized representatives of both parties. Verbal agreements or informal changes will not be considered valid.
C. Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be deemed severable, and the remaining provisions will continue to be in full force and effect.
D. Notices
All notices, requests, or communications under this Agreement must be sent to the addresses provided at the beginning of this document. Notices will be deemed effective upon delivery or upon the date of sending, depending on the method of communication.
IN WITNESS WHEREOF, the parties hereto have executed this Bakery Payment Agreement as of the date first above written, indicating their acceptance and agreement to all terms and conditions set forth herein.
[Your Company Name]
[Your Name]
[Your Title]
[Client's Name]
