Beverage Whiskey Template

BEVERAGE WHISKEY SUPPLY AGREEMENT

Parties and Recitals

This Beverage Whiskey Supply Agreement (the Agreement) is entered into as of by and between:

WHEREAS, Producer is engaged in the production, aging and packaging of beverage whiskey and possesses facilities and expertise for distillation and bottling; and

WHEREAS, Buyer desires to purchase, market and distribute the whiskey product described herein on the terms and conditions set forth in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

Scope of Work

Producer shall manufacture, age, bottle and deliver the whiskey product subject to the specifications and quantities set forth below. Producer shall perform all work in accordance with industry standards and applicable laws and regulations.

Product Specifications

Alcohol by volume (ABV):    Bottle size:    Quantity to be supplied:

Payment Terms

Buyer shall pay Producer the total purchase price for the quantity ordered as follows:

Late payments shall bear interest at the rate of and a late fee of per overdue invoice. Buyer shall also reimburse reasonable costs of collection, including attorneys' fees.

Term and Termination

This Agreement shall commence on and shall continue until unless earlier terminated as provided below.

Either party may terminate this Agreement for convenience upon days' prior written notice. Either party may terminate for material breach if the breach remains uncured for thirty (30) days after written notice, or immediately for insolvency, seizure of assets, or illegality affecting performance.

Upon termination, Buyer shall pay for all goods completed and services rendered through the effective date of termination. Producer shall retain any deposits or prepaid amounts to the extent reasonably allocable to costs incurred.

Quality, Inspection and Compliance

Producer warrants that all product delivered will conform to the specifications and applicable laws, and will be free from defects in materials and workmanship. Buyer shall have the right to inspect shipments within ten (10) business days of receipt and must provide written notice of any nonconformity. Producer shall, at its option, replace or credit nonconforming product.

Producer represents and warrants that it holds all necessary permits and licenses required for manufacture, storage and sale of alcoholic beverages and will comply with all applicable labeling and tax requirements.

Confidentiality

Each party shall treat as confidential all proprietary information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. Confidential information shall not include information that is (a) or becomes publicly known through no breach of this Agreement, (b) rightfully received from a third party without restriction, or (c) independently developed without use of the disclosing party's confidential information.

The receiving party may disclose confidential information to its employees, agents and permitted advisors who have a need to know, provided the receiving party remains liable for their compliance with the confidentiality obligations herein. Upon termination or written request, confidential information shall be returned or destroyed, except to the extent retention is required by law or for archival purposes.

Indemnification

Each party (Indemnifying Party) shall indemnify, defend and hold harmless the other party (Indemnified Party) from and against any third-party claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of the Indemnifying Party's breach of this Agreement, negligence, willful misconduct, or violation of law; provided the Indemnified Party provides prompt written notice and cooperates in the defense.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws rules. The parties shall first attempt in good faith to resolve disputes through negotiation. If unresolved within sixty (60) days, disputes shall be resolved by binding arbitration in the governing state, and judgment on the award may be entered in any court of competent jurisdiction.

Entire Agreement

This Agreement, including all exhibits and schedules attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. Any amendment must be in writing and signed by both parties.

Miscellaneous Provisions

Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except to an affiliate or in connection with a merger or sale of substantially all assets, provided the assignee agrees in writing to be bound by the terms herein. Notices shall be in writing and delivered to the addresses set forth above.

Sign Now