Bakery Patisserie Template

Bakery Patisserie Agreement

This General Business Agreement ("Agreement") is made effective as of by and between Client Name: with mailing address: , and Bakery Name: with mailing address: .

WHEREAS

WHEREAS, the Provider operates a bakery and patisserie business engaged in the production of baked goods, patisserie items, and related food services, and has experience in producing artisanal baked products in compliance with applicable food safety standards; and

WHEREAS, the Client desires to procure from the Provider certain bakery and patisserie goods and related services as described in this Agreement, and the Provider agrees to supply such goods and services subject to the terms and conditions set forth herein.

WHEREAS, the parties intend to set forth their entire agreement regarding the sale, delivery, and production specifications of bakery products and related services in a single written instrument.

SCOPE OF WORK

The Provider shall manufacture, prepare, and deliver the bakery and patisserie items specified by the Client in accordance with the specifications, quantities, delivery schedule, and quality standards set forth in this Agreement. The Provider shall source ingredients, perform production, package products, and arrange delivery as required by the Client and as further described below.

PAYMENT TERMS

The Client shall pay the Provider for the goods and services delivered under this Agreement in consideration of the following pricing and payment schedule. All amounts are payable in lawful currency unless otherwise agreed in writing.

Payments are due within days of invoice unless otherwise specified in the Payment Schedule. The Client shall pay any applicable sales taxes, duties, or other governmental charges in addition to the Total Contract Amount.

Late payments shall incur a late fee equal to the greater of per month or a flat fee of . The Client is liable for any reasonable collection costs, including attorney fees, incurred by the Provider in enforcing collection.

TERM AND TERMINATION

This Agreement shall commence on the Start Date of and shall continue until the End Date of , unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon providing the other party with written notice at least days prior to the proposed termination date. Either party may terminate immediately upon written notice if the other party materially breaches any provision of this Agreement and fails to cure such breach within fourteen (14) days after receipt of written notice of the breach.

Upon termination, the Client shall pay the Provider for all goods and services provided through the effective date of termination and for any non-cancellable costs reasonably incurred by the Provider.

CONFIDENTIALITY

The parties acknowledge that in the course of performance they may receive confidential, proprietary, or trade secret information of the other party, including but not limited to recipes, formulations, supplier lists, pricing, production methods, and customer lists ("Confidential Information"). Each party agrees to hold Confidential Information in strict confidence and not to disclose it to any third party or use it for any purpose other than performance under this Agreement, except as required by law.

The obligations in this section shall survive termination of this Agreement for a period of three (3) years, except that trade secrets shall remain protected for as long as they qualify as trade secrets under applicable law.

LIMITATION OF LIABILITY AND WARRANTIES

The Provider warrants that goods supplied will materially conform to the specifications set forth in this Agreement and will be fit for ordinary consumption. EXCEPT FOR THE FOREGOING WARRANTY, THE PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT. THE TOTAL AGGREGATE LIABILITY OF THE PROVIDER FOR ANY CLAIM ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY THE CLIENT TO THE PROVIDER DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of law principles. Any dispute arising out of or relating to this Agreement shall be brought in the state or federal courts located within that state.

ENTIRE AGREEMENT

This Agreement, together with any exhibits or attachments incorporated herein, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and understandings, whether written or oral. Any amendment to this Agreement must be in writing and signed by both parties.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or such other address as either party may designate by written notice to the other. Notice is effective upon delivery by hand, confirmed overnight courier, or three (3) days after deposit in the United States mail, postage prepaid.

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