Food Service Breakfast Order

Food Service Breakfast Order

This Food Service Breakfast Order Agreement (the Agreement) is entered into by and between:

Provider Name:    Provider Address:

Client Name:    Client Address:

WHEREAS

WHEREAS, Provider is engaged in the business of preparing and delivering prepared breakfast meals and ancillary food-service items in accordance with applicable health and safety standards; and

WHEREAS, Client desires to order breakfast services from Provider for the facility and event specified below subject to the terms and conditions set forth in this Agreement.

ORDER IDENTIFICATION

Order Number:    Order Date:

Facility/Delivery Location:

SCOPE OF WORK

Provider shall prepare, package and deliver the breakfast items described in the Itemized Order below, and shall provide staffing, equipment, and on-site service as required for the delivery and distribution of the ordered items on the scheduled delivery date(s). Provider shall comply with all applicable food safety, handling and labeling requirements.

ITEMIZED ORDER

Enter quantities and unit prices for each item. Provider will invoice based on delivered quantities or agreed guaranteed counts.

Special Dietary Requirements / Allergens (select all that apply):

Vegetarian   Vegan   Gluten-free   Nut-free   Other:

PAYMENT TERMS

Total Estimated Order Amount:

Late Payment Fee:    or Flat Fee:

Invoices shall be payable within days of invoice date unless otherwise agreed in writing. Client is responsible for any collection costs, including reasonable attorneys' fees, incurred by Provider to collect overdue amounts.

TERM AND TERMINATION

Term Start Date:    Term End Date:

Either party may terminate this Agreement for convenience upon written notice delivered at least days prior to the intended termination date. Provider may terminate immediately for nonpayment or material breach that is not cured within ten (10) days of written notice.

Force majeure events, including but not limited to severe weather, government orders, and public health emergencies, shall permit Provider to suspend or reschedule performance upon notice to Client without liability, provided Provider uses commercially reasonable efforts to mitigate delays.

DELIVERY, CUTOFFS & CANCELLATION

Requested Delivery Date:    Requested Delivery Time:

Order Cutoff Date/Time: at

Cancellation within hours of delivery will incur a cancellation fee of of the estimated order amount unless otherwise agreed in writing.

CONFIDENTIALITY

Both parties acknowledge that certain business information exchanged in connection with this Agreement may be confidential. Each party agrees not to disclose Confidential Information of the other party except as required by law or as reasonably necessary to perform under this Agreement. Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party.

WARRANTIES AND LIABILITY

Provider warrants that prepared food will be handled in accordance with applicable food safety standards. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY CLIENT UNDER THE APPLICABLE ORDER.

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 laws principles.

ENTIRE AGREEMENT

This Agreement, including the Itemized Order and any attachments signed by the parties, constitutes the entire agreement between Provider and Client with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements and proposals.

ADDITIONAL PROVISIONS

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