BUSINESS AGREEMENT.
This Business Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between Castle Disposables LLC, To Go Castle www.togocastle.com , Contact Info: ______________________ (hereinafter referred to as the “Business”), and __________________, Contact Info: ________________, (herein referred to as the “Customer”).
WHEREAS, The Business offers disposable supplies to its Customers through its online platform To Go Castle www.togocastke.com
WHEREAS, Customers include but are not limited to restaurants, meal prep entities, schools and senior living organizations nationwide.
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
- TERM.
The initial term of this Agreement shall be for a period ______ [Days/Weeks/Months/Years] commencing on the Effective Date herein.
- SCOPE/DELIVERY.
- The Customer has made an order for a custom print of ________________ from the Business. The Customer acknowledges and agrees that deliveries of their order shall be 12-15 weeks from the date the order is made.
Date the order is made: ____________________
Estimated Deliver Date: Between __________________ To: __________________
- The Business shall deliver orders for regular disposables within 7-10 days in California and 14-21 days for out of State orders.
- PAYMENT/CANCELLATION/REFUNDS.
- Cost of the order: __________ Dollars.
The Customer shall pay _______ Dollars (inclusive of Shipping Costs) for the services provided under this Agreement. Payment shall be made when placing the order, all custom print orders must be made by Check. The balance of _____ Dollars must be paid upon delivery.
Note: The Customer agrees that they cannot dispute this charges if there is a delay caused by circumstances beyond the Business’s control, refer to Clause 5.
- The Customer shall only receive a full refund of the deposit made for regular disposables if they cancel their order within _____ hours after Date the order is made. However, Customer shall not receive any refund for deposit made for custom print products.
- LIABILITY/WAIVER.
- The Customer understands that any damages caused to the products during shipment shall not be charged to the Business. The Company shall not be held liable for any and all damages and/or loss of products during shipment to the Customer. The Customer shall defend and indemnify the Business against such and any related claims, and take up such matters with the shipping companies.
- The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
- TERMINATION.
The Business may terminate this Agreement at any time should the Customer request changes after the custom print order has been approved by the Customer for production.
- FORCE MAJEURE.
The failure on the part of the Business to perform its obligation under this Agreement will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties. The Business shall inform the Customer of such inconveniences promptly.
- MODIFICATIONS.
This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- DISPUTE RESOLUTION/GOVERNING LAW.
In the event of issues arising regarding the execution of this Agreement, the Parties shall resolve them through binding and final arbitration and/or mediation processes. This Agreement shall be governed by and construed in accordance with the laws of the State of South California, USA. Exclusive jurisdiction and venue shall be in South California, USA.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
BUSINESS: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
CUSTOMER: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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