Mexican Food Products, Mexican Food Products obtains its supply of product from growers under contract. This contract is subject to the availability of this supply. If the supply from contracted growers is delayed or is not available, in whole or in part (including, but not limited to, the following reasons: embargoes, strikes, disturbances, drought, floods, insects, crop failure, frost, Acts of God, earthquakes, fires, action of the elements, invasion, war, riot, insurrection, rebellion or interference by civil or military authority), Mexican Food Products shall not be liable for said unavailability or delay and the parties agree that their respective obligations shall be excused and this contract shall be deemed null and void.
Mexican Food Products has the right to specific performance, that is, the exact fulfillment of this contract in accordance with its terms.
This contract constitutes the full understanding of the parties and is a complete and exclusive statement of the terms of their agreement. No items, conditions, understanding, agreement, assignment, purchase order, confirmation or acknowledgment purporting to modify or vary the terms of this contract shall be binding upon the parties unless the same shall be made in writing and signed by an authorized signatory of both parties.
Any additional costs imposed on FPG due to increases in freight charges or changes in applicable laws or regulations, subsequent to the date of this contract shall retroactively accrue to the Customer’s account, where applicable.
Mexican Food Products LIABILITY, WHETHER CONTRACTUAL OR OTHERWISE, IS EXCLUSIVELY LIMITED TO THE PURCHASE PRICE OF THE PRODUCT UNDER ALL CIRCUMSTANCES AND REGARDLESS OF THE NATURE, CAUSE OR EXTENT OF THE LOSS.
Mexican Food Products reserves the right to extend or amend the shipping terms for reasons beyond its control to ensure completion of its shipment obligations.
Customer agrees to purchase said quantity at said price. Customer further agrees to take delivery of the product within stated shipping terms or, in the event, the Customer requires delivery at a date beyond the stated shipping terms, Customer agrees to be liable for any additional costs and expenses charged by MFP. Risk of loss of product shall transfer to the Customer upon delivery by Mexican Food Products.
Mexican Food Products may impose on all unpaid balances past their due date a finance charge of 1.5% per month.
Testing: Any testing requested by the Customer that needs to be completed by a third party will be at Customer’s cost. Certain internal testing is provided as a part of MFP service to the Customer; however, MFP will not conduct environmental or product pathogen testing on any raw products. Customer acknowledges and agrees that it is responsible to implement necessary actions, including an appropriate kill step if it purchases any raw products from MFP.
Submission of Product Claims: The specified time period to submit a claim is 30 days once the product is received at Customer’s international port or Customer’s USA location of product acceptance. MFP will fully investigate any and all claims submitted by Customer within the specified time period. Any claims submitted by Customer beyond the specified time period may be reviewed on an individual basis by the MFP Manager at Mexican Food Products. All claims should be submitted to Mexican Food Products emailed to email@example.com. An MFP claim form will be sent to the Customer for additional information to aid in the investigation of the claim.
Cancellation of the contract may result in penalties for storage and interest until the product can be resold or a mutually agreed upon arrangement established between both parties.