By clicking the "I Accept" button below, I hereby agree to and accept the following Terms & Conditions:
MillPress Imports LLC is proud to supply you with the highest quality olive oils and vinegars (the “Oil & Vinegar Products”) for resale at your Store or Stores (as defined below). The Oil & Vinegar Products, together with the store supplies and the other gourmet products we offer, are collectively referred to as “MillPress Products”. If your store currently has a signed Supply Agreement, the terms in your Supply Agreement shall prevail over the Terms & Conditions listed below.
Delivery. Shipping will most often be arranged by MillPress to streamline the outbound distribution process. We will work to lower your transportation costs while maintaining acceptable service standards. Our intent is to deliver product to your Store as efficiently as possible. If you decide to send in your own trucking company we will notify you when your order is ready for pickup.
MillPress Arranges and Bills Shipping. MillPress products are quoted online with FOB warehouse pricing. MillPress will choose the best rate and carrier options on your behalf before shipping your order. When we arrange shipping to your Store, if you receive damaged merchandise, MillPress will file a claim with the third-party trucking company. If you receive invoiced goods that have been damaged during transport, YOU MUST do the following:
1) Notify the delivery driver of damage. Driver must note the number of cases damaged on the delivery receipt
2) Notify MillPress Shipping Department of each damaged item including the corresponding photos of the damage at time of receipt.
Your Store Arranges Pickup and Pays for Shipping. If you arrange shipment, you must make a delivery appointment at our warehouse in Bethlehem, PA, Monday - Thursday between 8 am and 3 pm EST for all goods being picked up by your trucker for delivery to your Store. MillPress will not be liable for any damaged or missing goods and you must file a claim with your trucking company.
Marketing Materials. You can access marketing materials, shelf-talkers, recipes, product test results, and nutritional information with respect to MillPress Products. We do not charge for such materials, but we suggest that you display and share this information with your customers and with local food safety authorities if they so request. We do not provide a marketing plan.
Trademarks. You may advertise or omit our name as you please. But you may not use the word “MillPress” in your company name or in the name of the Store or as the brand name of any oil or vinegar products you sell.
Prices. The prices to you for all MillPress Products will be those listed on the then-current MillPress price list as issued by us. Prices may vary from time to time due to reasons such as: short harvests, commodity price increases, and currency rates. The prices applicable to any specific order will be those in effect at the time the order is placed. Prices do not include the costs of delivery, insurance or taxes, duties, and import fees (applicable to Canada and Mexico), which you will bear.
Minimum Order: Our core competency is the distribution of pallets to wholesale customers. Orders must consist of at least 20 olive oil and/or vinegar cases (10-liter Jug-in-Box) per shipment to warrant fulfillment of pallet quantities via LTL freight. Non-olive oil and vinegar items, such as pantry items, bottles, and packaging do not count towards the Minimum Order. ** Orders less than 20 cases of olive oil and vinegar will not be shipped. Ground Shipments: From time to time, and at our sole discretion, we may ship to your store specially requested cases for extraordinary circumstances. We will prioritize Ground Shipments and may choose to not ship to customers who frequently ignore our policies. Millpress at its sole discretion may choose to terminate our business relationship with those customers who do not follow our pallet Minimum Order guidelines. Due to supply chain chaos, we have experienced high volumes of damaged goods, missing packages, and unresolved claims leading to an unacceptable customer experience.
Payment. Unless we agree otherwise in writing, and if we agree to grant payment terms, you will pay us on our previously agreed to payment terms. You will be charged a 2.9% convenience fee if paying by credit card.
Late Payments. If your bank rejects any payment you make to us because of insufficient funds, you will pay us $50 for each occurrence. In addition, you will pay interest at the rate of one and one-half (5%) percent per month or the highest rate allowed by law, whichever is less, on all unpaid balances. If you have a consistent late payment history, we may hold or cancel any new orders at sole discretion until past balances are paid in full.No Fees. We charge no fee for your right to resell MillPress Products, but only bona fide wholesale prices for such quantities of MillPress Products as you purchase at your discretion.
Limited Warranty. We warrant to you that all MillPress Products sold pursuant to this Agreement will be free from defects in manufacture.
Defective Products. In the event that you receive MillPress Products that are of defective quality, you will so notify us within 48 hours after your receipt of such products. Upon our verification of the defective quality issue, we may issue you a credit memo or send replacement products to you at our expense. Our liability under this Agreement will be limited to the replacement of any goods which are not in a good and merchantable condition upon shipping from our facility.
Our Disclaimer.We make no representation to you (i) that you can earn a profit from your resale of MillPress Products or (ii) that there is a market for the MillPress Products.
No Conflicts. You represent that these Terms & Conditions do not conflict with any existing obligation of yours to any third party.
Indemnification.You agree to indemnify and hold us harmless from any and all liabilities (including attorneys’ fees and expenses), arising out of, in connection with, or resulting from, (1) your breach of any provision of these Terms & Conditions or (2) your operation of your Store business, including, without limitation, your handling, storage, and sale of products and your relations with third parties, customers and suppliers.
Confidentiality. You agree to treat our price list and website ordering login credentials as Confidential Information, not to be shared with other entities or people outside of your immediate ownership structure or staff members approved to place orders on your behalf. Each Party understands and agrees that no contract or agreement providing for sales of MillPress products shall be deemed to exist between you (or any of your affiliates) and MillPress unless and until a final, legally binding definitive Supply Agreement has been executed and delivered.
Any dispute arising from you accepting these Terms & Conditions will be governed by and construed in accordance with Pennsylvania law. Any dispute arising under or relating to this Agreement will be subject to the exclusive jurisdiction of the state or federal courts of Northampton County, Pennsylvania. These Terms & Conditions constitute our entire understanding and supersede any prior oral or written agreements between us on the matters contained in these Terms & Conditions. No amendment to these Terms & Conditions will be binding unless it is in writing and signed by you and us.
