Food Service Supplier Agreement

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									This is an agreement that is entered into between an event planner or other business
and a food supplier. The event planner retains the suppliers’ services to provide any
type of food necessary, such as appetizers, entrees, desserts, or drinks. This
agreement also includes the delivery address, the term, and the fees charged. This
document should be used by small businesses or other entities that want to employ the
services of a food supplier.
                                Food Service Supplier Agreement


This Food Service Supplier Agreement ("Agreement") is entered into on _______________
[Instructions: insert date], between ____________________ [Instructions: insert name of
person or entity that is performing the event planning services] (the "Purchaser"), with its
principal place of business at ____________________ [Instructions: insert address], and
____________________ [Instructions: insert name of client] of ____________________
[Instructions: insert residence or location of business] ("Supplier").



1. Supplier is a distributor of ____________________.[Instructions: insert food products or
   category]
2. Purchaser owns and operates the ____________________ [Instructions: insert name of
   business] ("Business").
3. Purchaser desires to purchase from Supplier food and Supplier desires to sell such food, all
   upon      the     terms      and   conditions   set    forth    in     this     Agreement.

   THEREFORE, in consideration of the foregoing and the mutual covenants set forth below,
   the       parties            hereto            agree            as             follows:

1. Purchase. Supplier shall deliver and Purchaser shall accept and buy food. Purchaser shall
   from time to time provide Supplier with a list of the types of food that Purchaser desires to
   buy (the "Food"). The initial list of Food sold and/or distributed by Supplier is attached
   hereto                         as                         Exhibit                          A.

2. Term. The initial term of this Agreement shall be for a period of ____ [two (2)] [Comment:
   This number is not provided for by law, but can be any number the user chooses] years
   from the date first noted above. This Agreement shall be extended automatically for
   successive ____ [one (1)] [Comment: This number is not provided for by law, but can be
   any number the user chooses] year terms unless either party notifies the other of its desire
   to not extend the Agreement at least ____ [four (4)] [Comment: This number is not
   provided for by law, but can be any number the user chooses] months prior to the last day
   of              the              term               then              in              effect.

3. Price and Payment Terms. The price and payment terms for each type of Food sold pursuant
   to this Agreement shall be as set forth in Supplier's price list in effect at the time of purchase.
   Supplier may modify such prices and payment terms at any time and shall notify Purchaser
   of                                      such                                          modification.

[Comment: user can insert a price list as a separate exhibit or insert the prices into this
section]
4. Ordering Procedures. Purchaser shall order the Food in accordance with the ordering
   procedures established by Supplier, as such procedures may be modified from time to time.

5. Exclusivity. Purchaser shall not purchase Food sold and/or distributed by Supplier from any
   other party. Supplier shall be free to sell Food to other parties without restrictions.

[Comment: user should edit this section to reflect the agreement of the parties]


6. Termination. This Agreement may be terminated by Purchaser upon not less than ____
   [thirty (30)] [Comment: This number is not provided for by law, but can be any number
   the user chooses] days prior written notice to Supplier. This Agreement and the franchise
   and license granted hereunder may be terminated by Supplier upon any of the following
   grounds:
    A. Upon ____ [fifteen (15)] [Comment: This number is not provided for by law, but can
        be any number the user chooses] days written notice to Purchaser in the event of any
        breach or failure of performance by Purchaser which is not cured to the satisfaction of
        Supplier within that ____ [fifteen (15)] [Comment: This number is not provided for
        by law, but can be any number the user chooses] day period;
    B. Without prior notice, if Purchaser: Becomes insolvent or commits an act of bankruptcy;
        or makes a general assignment for the benefit of creditors, or to an agent authorized to
        liquidate its property or assets; or becomes or is adjudicated a bankrupt, or voluntarily
        files a petition in bankruptcy or reorganization;


    The right of Supplier to terminate this Agreement is in addition to all other rights and
    remedies, whether at law or in equity, that Supplier might have against Purchaser as a result
    of any breach or default by Purchaser or any provisions of this Agreement. Upon any
    termination of this Agreement, whether by Supplier or Purchaser, or upon expiration of the
    term hereof, the parties will properly report to each other all billing information and account
    for and pay to each other proper percentages and amounts.


7. Independent Contractor. Purchaser and Supplier are independent contractors notwithstanding
   any activities set forth in this Agreement. Supplier is not the agent or legal representative of
   Purchaser and Purchaser is not the agent or legal representative of Supplier, and no Party has
   the right or authority to bind any other Party in any way. This Agreement creates no
   relationship as partners or joint venture, and creates no pooling arrangement.

8. Entire Agreement; Modifications. This Agreement, including any exhibits hereto, constitutes
   the entire agreement between Supplier and Purchaser with respect to the subject matter
   thereof, and shall supersede all promises and representations made by one party to the other
   concerning the obligations to be performed hereunder. This Agreement may not be released,
   discharged, supplemented, amended or modified in any manner except by an instrument in
   writing signed by duly authorized representatives of Supplier and Purchaser. No changes or
   modifications of or additions to this Agreement shall be valid unless the same shall be in

© Copyright 2011 Docstoc Inc.                                                                     3
    writing           and          signed          by           each          party          hereto.

9. Assignment. This Agreement and the rights and obligations hereunder may not be assigned
   or delegated to any person without the prior written consent of the other party hereto, and any
   such       attempt      at      assignment        shall      be       null      and       void.

10. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the
    parties             and               their               permitted                assigns.

11. Waivers. The failure of a party to enforce any of its rights hereunder or at law shall not be
    deemed a waiver or a continuing waiver of any of its rights or remedies against the other
    party, unless such waiver is in writing and signed by the party to be charged.

12. Notices. All notices or other communications which are required or permitted to be given to
    the parties under this Agreement shall be sufficient in all respects if given in writing and
    delivered in person, by telecopy, by overnight courier, or by registered or certified mail,
    postage prepaid, return receipt requested, to the receiving party at the address listed below or
    to such other address as such party may have given to the other by notice pursuant to this
    paragraph. Notice shall be deemed given on the date of delivery, in the case of personal
    delivery or telecopy, or on the delivery or refusal date, as specified on the return receipt, in
    the     case     of    overnight     courier      or     registered     or    certified     mail.

    If    to     Supplier:      ____________________.[Instructions:             insert     address]

    If    to     Purchaser:     ____________________.[Instructions:              insert    address]

13. Arbitration. If any Party hereto commences an arbitration or other action against the other
    Party to enforce any of the terms hereof or because of the breach by such other Party of any
    of the terms hereof, the prevailing Party shall be entitled, in addition to any other relief
    granted, to all costs and expenses incurred by such prevailing Party in connection with such
    action, including, without limitation, all reasonable attorneys' fees, and a right to such costs
    and expenses shall be deemed to have accrued upon the commencement of such action and
    shall be enforceable whether or not such action is prosecuted to judgment.

14. Attorneys' Fees. If any Party hereto commences an arbitration or other action against the
    other Party to enforce any of the terms hereof or because of the breach by such other Party of
    any of the terms hereof, the prevailing Party shall be entitled, in addition to any other relief
    granted, to all costs and expenses incurred by such prevailing Party in connection with such
    action, including, without limitation, all reasonable attorneys' fees, and a right to such costs
    and expenses shall be deemed to have accrued upon the commencement of such action and
    shall be enforceable whether or not such action is prosecuted to judgment.

15. No Third-Party Benefits. None of the provisions of this Agreement shall be for the benefit of,
    or         enforceable          by,           any           third-party          beneficiary.

16. Headings. The Section headings used herein are for convenience or reference only, are not a


© Copyright 2011 Docstoc Inc.                                                                      4
    part of this Agreement and are not to affect the construction of, or be taken into consideration
    in         interpreting,      any          provision         of          this        Agreement.

17. Counterparts. This Agreement may be executed in several counterparts all of which together
    shall constitute one and the same instrument with the same force and effect as though each of
    the          parties        had         executed         the        same           document.

18. Governing Law. This Agreement shall be governed by and interpreted in accordance with the
    laws internal of the State of ____________________ [Instructions: insert state].

19. Authority. Each of the persons executing this Agreement represents and warrants that he is
    authorized to execute this Agreement and the entity on whose behalf they are signing is
    bound by the terms hereof.


The parties hereto have caused this Agreement to be executed on the day and year first above
written.


Supplier
___________________

By ___________________
Name ___________________
Title ___________________


Purchaser
___________________
By ___________________
Name ___________________

Title ___________________




Exhibit A

____________________ [Instructions: insert initial list of Food to be purchased]




© Copyright 2011 Docstoc Inc.                                                                     5

								
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