This Agreement sets forth the complete Agreement between the Manufacturer, Sensible Edibles Bakery (“SEB”) and Client or The Client named below upon digital signature. No exception, change or other agreement is binding on the Manufacturer unless such is in writing and signed by a designated officer of the organization. If the Client or Client’s staff violates this agreement, the Manufacturer reserves the right to deny or discontinue service.
1.TERM: The Term of the Agreement is herein defined as the dates reflected and approved by the Manufacturer upon signage of the agreement and shall end upon dissolution of mutual business or at the discretion of the manufacturer.
2.CUT-OFF TIME: Any order placed after 12 pm does not guarantee next business day delivery.
3. Key & COI: Client agrees to accommodate access to his/her/their establishment between 12am-5am in order to accept delivery. If Client provides a key to the establishment SEB will release a Certificate of Insurance upon request of the client.
4. LIABILITY: SEB will not be held liable for theft, vermin, and/or destruction of or to products after delivery has been made. The Client will be held responsible to keep any and all foods distributed by SEB safe, clean, and sanitarily discarded and sold in a manner approved by NYS or the respective governing agency for human food consumption.
5. HIGH STANDARDS: The client shall in no way devalue SEB products including but not limited to the following: sell broken, expired, discolored products, add chemical additives to the product and/or in any such way to devalue the quality of the SEB brand. The client agrees to uphold the same upscale standards set by SEB in the process of displaying such products in any and all locations.
6. SUPPLIES: Manufacturer agees to supply Clients with ingredient lists and non-transfat letter. This maybe found publicly here
\7. SIGNAGE AND DISPLAY: Client agrees to show ingredients or have ingredients prepared for display upon end consumers request. SEB signage and/or ingredient list may not be used to promote or display with products not manufactured by SEB.
8. BRANDING: The client agrees to display the proper name and proper description of all SEB products. The client agrees using SEB branding on any products not in association with SEB will result in immediate termination of mutual business.
9. SHELF-LIFE: The client agrees to sell, donate and/or distribute SEB products within the given days set by the manufacturer as to not exceed the suggested shelf life of each individual product.
10. CROSS CONTAMINATION: SEB reserves the right to nullify any health claims associated with the product if the product is taken out of its original packaging and
placed adjacent to other baked goods or contaminated surfaces — doing so will nullify the health labels associated with the product. For example, a product will cease the claim of “gluten-free” if such product is cross-contaminated with other wheat related products and/or ingredients contaminated with wheat on a table, tray or other surface.
11. RETURNS: Manufacturer accepts any and all returns within 24hrs of delivery date as printed on respective invoice to ensure clients satisfactions are met.
12. PAYMENTS: Manufacturer only accepts ACH (NO FEE) or Credit Card (3.5% FEE) as forms of payments. Manufacturer will collect payments on a weekly basis and reserves the right to hold any such deliveries until the client's balance is paid in full.
13. TAX: The client may not collect tax on any SEB unless otherwise stated by NY sales tax regulations. Client is solely responsible for complying with all applicable laws, rules and regulations regarding sales tax.
14. Pick UP allowance: Manufacturer agrees to discount 3% of total sale before additional charges of final invoice upon agreement that the Client shall pick up on a regular basis. Manufacturer will not be held accountable for delivery nor products in any such case that
the client is unable to pick-up. SEB is open from 10am - 6 pm Monday through Friday to receive pickups.
15. NAME: Client agrees to allow SEB permission to use the name(s) of Client's establishment in order to promote the SEB product sold at the clients’ location.
16. MARKETING: Manufacturer permits all marketing material to help promote SEB products upon approval of final works.
17. PRICING: manufacturer reserves the right to change prices, minimums, additional charges (if any) at their own discretion.
18. FOOD LICENSE: The Clients and Client's staff must contain all appropriate DOHMH license and food safety certificate. The Client must obtain and hold a class "A" or "B" food rating from the DOHMH.
