Terms & Conditions – Welcome to Smart Food NY

i. These Purchase Terms and Conditions shall govern every purchase and sale of goods or services from the Companies. “Company” and “Companies” include Smart Food NY, Inc., and any future subsidiaries or affiliates of the aforementioned companies. The Customer agrees to deal solely with the Company providing the goods and services, and the rights and obligations of other entities within the Companies are not affected.
ii. Payment Terms: Purchases from [Your Company Name] (“Company”) can be made either on NET credit, credit or debit card, or through Cash on Delivery (COD). Customers may choose their preferred method of payment at the time of order placement.
iii. COD Discount: Customers opting for COD payment will receive a discount on their total invoice amount, provided payment is made in full at the time of delivery. This discount applies only to payments made in cash, certified check, or immediate electronic transfer at delivery.
iv. Credit Terms: Customers approved for credit will be invoiced at the full price, with payment due within an agreed upon number of days from the date of invoice, set by Smart Food NY upon approval of the credit application process. Credit terms and limits are subject to the Company’s credit policy and approval process.
v. Eligibility for COD Discount: To qualify for the COD discount, the Customer must have no outstanding balances with the Company and must have a history of timely payments on previous transactions.
vi. Invoice and Payment: The invoice will clearly state the total amount due, including any applicable COD discount. For COD transactions, the Customer agrees to pay the discounted amount in full upon receipt of goods or services. For credit transactions, the Customer agrees to pay the full invoiced amount within the specified credit period.
vi. Legal Recourse: The Customer waives any legal right to seek recourse from other entities in the Companies for any matters arising out of transactions. Any defined terms used in these Purchase Terms but not defined herein shall have the meaning given in the Customer Account Application submitted by the Customer (the “Application”).
vii. Indirect Goods: A Company may provide goods it does not manufacture (“Indirect Goods”). The availability of Indirect Goods does not imply any affiliation or endorsement. Only the original manufacturer’s warranty, if any, applies to Indirect Goods. For other goods, only a written warranty in a signed agreement from the Company applies. EXCEPT AS SPECIFIED IN THIS SECTION, THE COMPANIES DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM CUSTOM, USAGE, OR TRADE PRACTICES.
vii. Misc Costs: The price of goods or services may not include delivery. Additional fees such as sales tax or governmental fees can be applied as separate charges to the invoice unless the Customer is exempt. Acknowledging delivery of goods indicates the Customer’s acceptance and agreement to pay the invoice in full.
viii. Late Invoices: Late invoices incur an additional charge of 1.5% per month or 18% per year. If a payment is dishonored, the Company may charge a fee and either re-present the payment or charge the fee to the Customer’s account.
ix. Confirmation of Delivery: The Customer’s employee’s signature at delivery confirms receipt of all goods listed. Electronic transactions and electronic signatures are valid for invoicing and other documentation. A replacement of a defective item or a refund of the effected item can be applied if the defective product(s) are acknowledged within 24 hours of delivery.
x. Data Information: If the Customer is part of a group purchasing organization or franchise, they agree to the terms of the agreement between the Company and the Organization. The Companies own any purchasing information and may use it for lawful business purposes. By entering into the Application, the Customer consents to data processing for marketing communications, with an option to opt-out.
xi. Propietary Goods and Special Orders: The Customer must purchase any proprietary goods or special orders if they cease using them or stop doing business with the Company. All disputes will be litigated in a court chosen by the Company. The Customer consents to this jurisdiction and waives the right to a jury trial and to change the venue.
xii. All inventory of finished and unfinished proprietary goods or goods special ordered (or manufactured) for the Customer or goods not normally stocked, but brought into inventory to service the Customer, must be immediately purchased if the Customer ceases to use such goods or discontinues doing business with the Company stocking the goods.
xiii. The Customer agrees that any legal actions or proceedings related to the goods or services provided by a Company will be handled in a court of proper jurisdiction chosen by the Company within its service area. The Customer consents to the personal jurisdiction of such a court. To the extent allowed by law, the Customer waives any right to request a change of venue for any litigation against them and also waives the right to a jury trial.
xiv.If any part of these Purchase Terms or the Application is invalid, the remaining provisions remain enforceable. The Application terms can only be amended in writing, while the Purchase Terms can be updated by posting a revised version on the Companies’ website on the Terms and Conditions Page.