Terms and Conditions of Sale of Products

  1. The following Terms and Conditions (“Terms”) apply to all food goods supplied by or manufactured (collectively “Products”) by Schwartz Bakery (“Bakery”) and/or services, including catering services (“Services”) provided by Bakery. Upon payment for the Products and Services, customer accepts the Terms. No additional or different terms, conditions or warranties other than those identified herein and no agreement or understanding, oral or written, in any way purporting to modify the Terms shall be binding on Bakery, unless specified in writing and signed by an authorized signatory for Bakery.
  2. Prices for Products sold by Bakery may be adjusted by Bakery, at any time prior to actual sale to customer, to reflect any increase in Bakery’s cost of raw materials, inability to secure Products, changes in law, labor, taxes, duties, tariffs or quotas, acts of Government, any similar charges, or to cover any extra, unforeseen and unusual cost elements. All stated prices are exclusive of any taxes, fees, duties, and levies, however designated or imposed, including but not limited to value-added and withholding taxes that are levied or based upon the amounts paid under these Terms (collectively, “Taxes”). Any Taxes related to the Products and Services purchased pursuant to these Terms are the responsibility of Customer (excluding taxes based on Bakery’s net income), unless Customer presents an exemption certificate acceptable to Seller and the applicable taxing authorities. Payment for all Products and Services shall be due in advance of Bakery providing the Products and/or Services.
  3. All sales of Products and/or Service as final.
  4. By purchasing Bakery’s Products and/or Services, Customer acknowledges and agrees to these Terms.
  5. Any offer of credit to a Customer shall be at the sole discretion of Bakery.
  6. Customer acknowledges that Bakery does not accept cancelations once an order has been accepted by the Bakery and paid for. Customer’s only recourse for paid for Products and/or Services which Customer does not or cannot accept is a store credit with Bakery for future Products and/or Services supplied by Bakery.
  7. Promptly upon the receipt of Products from Bakery, Customer shall examine the Products to determine whether any item or items included in the order are in short supply, defective or damaged. If any such shortage, defect or damage is not reported to Bakery upon receipt by Customer, no subsequent reporting of any claimed shortage, defect or damage will be accepted by Bakery.