1. Definitions

  • Manufacturer: Posh Foods, a company specializing in the production and sale of baking powder.
  • Buyer: Refers to the purchaser of the baking powder products.
  • Products: Refers to the baking powder manufactured and sold by the Manufacturer.

2. Acceptance of Terms

  • All orders for products are subject to acceptance by the Manufacturer. By placing an order, the Buyer agrees to these Terms and Conditions, which shall govern any purchase of the Manufacturer’s products.

3. Orders

  • All orders must be placed in writing and specify quantities, desired delivery dates, and other pertinent details.
  • Orders are considered final upon written confirmation from the Manufacturer.

4. Pricing and Payment

  • Prices for the products are set forth in the Manufacturer’s current price list or agreed upon in writing at the time of order.
  • Payment terms are typically [e.g., net 30 days from the date of invoice] unless otherwise agreed upon in writing.
  • The Manufacturer reserves the right to change prices without prior notice; however, price changes will not affect confirmed orders.

5. Delivery and Risk of Loss

  • Delivery dates are estimates only, and the Manufacturer shall not be liable for delays beyond its control.
  • Risk of loss and title to the products pass to the Buyer upon shipment from the Manufacturer’s facility.
  • Shipping costs are the responsibility of the Buyer unless otherwise agreed in writing.

6. Product Warranty

  • The Manufacturer warrants that the products conform to specifications at the time of delivery.
  • This warranty does not cover damages due to improper storage, handling, or usage by the Buyer.
  • Any claims regarding defects must be made within [e.g., 30 days] of receipt of the products.

7. Limitation of Liability

  • The Manufacturer shall not be liable for any indirect, special, incidental, or consequential damages arising out of or related to the purchase or use of its products.
  • The Manufacturer’s liability is limited to the replacement of defective products or a refund of the purchase price, at its discretion.

8. Compliance with Laws

  • The Buyer agrees to comply with all applicable local, state, and federal regulations regarding the sale, use, and distribution of the products.
  • The Buyer is responsible for ensuring that the products are used safely and as intended.

9. Intellectual Property

  • All trademarks, logos, and trade names associated with the products are the exclusive property of the Manufacturer.
  • The Buyer agrees not to use or reproduce these without prior written permission.

10. Force Majeure

  • The Manufacturer is not liable for any failure to perform due to unforeseen circumstances or causes beyond its reasonable control, including but not limited to natural disasters, war, labor disputes, or government actions.

11. Termination

  • The Manufacturer reserves the right to terminate any order in cases of Buyer’s insolvency, breach of these terms, or failure to make payment.

12. Governing Law

  • These terms and conditions shall be governed by and construed in accordance with the laws of [Jurisdiction/State/Country].

13. Amendments

  • The Manufacturer reserves the right to amend these terms and conditions at any time without prior notice.