Bakery Contract
Bakery Contract
This Bakery Contract ("Contract") is made and entered into as of [Month, Day, Year] by and between:
Bakery Name: [Your Company Name]
Address: [Your Company Address]
Phone Number: [Your Company Number]
Email: [Your Company Email]
Website: [Your Company Website]
(Hereinafter referred to as "Bakery")
AND
Client Name: [Client Name]
Address: [Client Address]
Phone Number: [Client Number]
Email: [Client Email]
(Hereinafter referred to as "Client")
Collectively referred to as the "Parties."
1. Services Provided
The Bakery agrees to provide the following services ("Services") to the Client:
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Preparation of Baked Goods: The Bakery shall prepare a variety of baked goods as specified in [Exhibit A] attached hereto. This may include, but is not limited to, cakes, pastries, bread, and cookies. Each item will be made to the highest quality standards and with fresh ingredients.
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Custom Cake Design: Should the Client require a custom cake, the Bakery will collaborate with the Client to design and create a cake that meets specific requirements. This includes consultations regarding flavors, dietary restrictions, design elements, and any special requests to ensure that the cake meets the Client’s vision.
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Delivery of Baked Goods: The Bakery will deliver the baked goods to the location specified by the Client on the agreed-upon date. The Bakery will ensure that all items are packaged appropriately to maintain freshness and quality during transportation.
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Consultation Services: The Bakery may offer consultation services to assist the Client in selecting the appropriate baked goods for their event, considering factors such as guest preferences, dietary restrictions, and event themes.
2. Specifications of Goods
The specific baked goods to be provided, including quantities, flavors, and any custom designs, are detailed in [Exhibit A]. The Bakery agrees to prepare these goods according to standard industry practices and maintain quality and safety standards in compliance with applicable health regulations. The Bakery uses fresh, high-quality ingredients and complies with local health department regulations to ensure food safety.
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Customization: Customization requests must be clearly communicated and confirmed in writing to avoid any misunderstandings. The Bakery will provide a mock-up or design proposal for custom orders when applicable, ensuring the Client’s approval before proceeding.
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Ingredient Information: The Bakery is committed to transparency regarding ingredients used in its products. Upon request, the Bakery will provide a detailed list of all ingredients for each product, including information about common allergens such as nuts, dairy, gluten, and eggs.
3. Payment Terms
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Total Cost: The total cost for the Services will be outlined in [Exhibit A]. This cost will include the price of the baked goods, delivery fees, and any applicable taxes unless stated otherwise.
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Payment Schedule: The Client agrees to pay the Bakery as follows:
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A deposit of [0]% of the total cost is due upon signing this Contract to secure the order. This deposit confirms the order and reserves the specified delivery date.
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The remaining balance will be due [0] days prior to the delivery date. If the remaining balance is not received by this date, the Bakery reserves the right to cancel the order, retaining the deposit as a cancellation fee.
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Accepted Payment Methods: Payments can be made via:
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Cash
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Check (payable to [Your Company Name])
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Credit Card (Visa, MasterCard, American Express, etc.)
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Electronic transfer to [Your Company Email]
The Bakery will provide a receipt for all payments received, ensuring accurate record-keeping for both Parties.
4. Cancellation Policy
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The Client may cancel the order up to [0] days prior to the delivery date without incurring any penalties, and the Bakery will refund any deposit paid within [0] days of the cancellation.
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Cancellations made less than [0] days prior to the delivery date will result in the forfeiture of the deposit, and the Client will be responsible for the remaining balance if applicable.
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In the event of a cancellation by the Bakery, any payments made by the Client will be fully refunded, and the Bakery shall not be liable for any additional damages or losses incurred by the Client.
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Force Majeure: If a cancellation is required due to unforeseen circumstances (such as natural disasters, severe weather, or other events beyond the control of the Bakery), the Bakery will communicate with the Client as soon as possible to discuss options, which may include rescheduling or offering alternative products.
5. Delivery Terms
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Delivery Date: The Bakery agrees to deliver the baked goods on or before [Month Day, Year]. Any delays beyond the Bakery's control (such as adverse weather conditions or supply chain issues) will not result in penalties for the Bakery.
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Delivery Location: The delivery will be made to [Delivery Address]. The Client agrees to ensure that someone is present at the designated location to accept the delivery. The Bakery recommends providing specific instructions for the delivery, including any gate codes, parking instructions, or designated drop-off areas.
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Delivery Fees: A delivery fee of $[0] will be applied unless otherwise agreed upon in writing by both Parties. The delivery fee may vary based on distance from the Bakery to the delivery location and the size of the order.
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Responsibility Post-Delivery: The Bakery is not responsible for damages that occur after delivery has been made and acknowledged by the Client or their designated representative. Any issues with the condition of the baked goods must be reported within [0] hours of delivery. If there are any concerns about the quality or condition of the goods, the Client agrees to retain the items and not consume them until assessed.
6. Quality and Freshness Guarantee
The Bakery guarantees that all baked goods will be prepared fresh on the day of delivery. Should any item fail to meet the quality standards expected, the Client agrees to notify the Bakery within [0] hours of delivery. The Bakery may offer a replacement or refund at its discretion based on the circumstances. This guarantee does not cover issues arising from improper handling or storage by the Client after delivery.
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Storage Recommendations: To maintain the quality and freshness of the baked goods, the Bakery will provide storage recommendations upon delivery. This may include instructions for refrigeration, freezing, or best practices for serving.
7. Liability
The Bakery shall not be liable for any damages or losses incurred by the Client due to delays in delivery or any failure to deliver, except for direct damages resulting from gross negligence or willful misconduct. In such cases, the Bakery's liability shall be limited to the amount paid by the Client for the Services.
The Client assumes all responsibility for food allergies and dietary restrictions. The Bakery will provide ingredient lists upon request, but it is the Client's responsibility to inform their guests of any potential allergens. The Bakery will make reasonable efforts to accommodate special dietary requests but does not guarantee that cross-contamination will not occur.
8. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Bakery from any claims, liabilities, damages, and expenses (including reasonable attorney fees) arising out of or related to the use of the baked goods provided under this Contract, including any claims related to food allergies, dietary restrictions, or any third-party claims arising from the Client's use of the goods.
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Notification of Claims: In the event of a claim, the Bakery must be notified promptly to allow for a fair resolution, including an opportunity to investigate and address the matter.
9. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of [Your State]. Any legal action or proceeding arising under this Contract will be brought exclusively in the courts located in [Your County, State], and the Parties hereby consent to the personal jurisdiction and venue therein. This provision ensures that both Parties are aware of the legal context in which the Contract operates.
10. Confidentiality
The Parties agree to keep all terms and conditions of this Contract confidential and not to disclose any information to any third party without the prior written consent of the other Party, except as may be required by law or to enforce the terms of this Contract. This obligation shall survive the termination of this Contract.
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Non-Disclosure Agreement: If the Client wishes to engage in any promotional activities (such as sharing images of the baked goods on social media), written consent must be obtained from the Bakery.
11. Amendments
Any amendments or modifications to this Contract must be in writing and signed by both Parties. No oral agreements shall be recognized, and any changes must be documented to be enforceable. This ensures clarity in any future alterations to the agreement.
12. Entire Agreement
This Contract constitutes the entire agreement between the Parties regarding the subject matter herein and supersedes all prior discussions, agreements, and understandings of any kind. No representation, warranty, or covenant not contained in this Contract shall be valid or binding.
13. Signatures
IN WITNESS WHEREOF, the Parties hereto have executed this Bakery Contract as of the date first above written.
[Your Company Name]
By:
[Your Name]
[Title]
[Month Day, Year]
[Client Name]
By:
[Full Name]
[Title]
[Month Day, Year]