Wilcox Foods Terms of Services
Updated: May 28, 2024
1. Applicability
These Terms of Service (the “Terms”) apply to the purchase and sale of products and services with Wilcox Foods staff via online, in-person, email, fax or phone.
These Terms are subject to change by Wilcox Foods without prior written notice, at any time, at our sole discretion. You (or “Buyer”) should review these Terms prior to purchasing any product or service through Wilcox Foods.
2. Purchases of Products/Services
How to Place an Order. Place orders at orders@wilcoxfoods.com or by calling 415-282-4116. Once an order is received, you will receive an order confirmation by email provided and we will coordinate the delivery schedule thereafter. A delivery fee might apply based on the value of your order. All orders are placed in USD.
Minimum Order Value. For Buyers, the minimum order value is $500. For any order less than $500, a delivery fee will be assessed at Wilcox Food’s discretion. There is no minimum for orders that are picked up.
3. PRICING
Delivery Price. Unless otherwise stated, the price includes the cost of delivery to the Buyer’s address agreed between Wilcox Foods and the Buyer. If the order is less than the minimum referenced in Section 2, an increased delivery price may be added.
Sales Tax. All pricing is exclusive of sales tax. Sales taxes will be added if applicable when the Buyer is invoiced.
Product Availability & Specifications. Wilcox Foods reserves the right to, at any time prior to delivery, discontinue or change the specification of any Product without prior notice.
Price Adjustments. Wilcox Foods reserves the right at any time prior to delivery of the Products to adjust the price of any Product including, but not limited to, to make an increase based on costs.
Invoice Corrections. Wilcox Foods has the right to correct any errors on any invoice issued to Buyer. Wilcox Foods will notify Buyer upon discovery of any errors by phone or email. Buyer agrees to cooperate with Wilcox Foods in good faith to address any invoice errors.
4. DELIVERY
Delivery Instructions. Buyer shall give Wilcox Foods adequate delivery instructions. If Buyer is unavailable to take delivery on the specified delivery date and the driver is unable to leave the Products in a reasonably safe place (as determined by the delivery driver), Wilcox Foods will not attempt any further delivery of that order. Buyer will be charged for the undelivered Products and will either need to pick up the order or make new arrangements for delivery and pay an additional delivery fee.
Partial Deliveries. Wilcox Foods reserves the right to make partial deliveries or deliveries by installments. Any difference in the quantity of the Products delivered from that stated in the relevant Invoice will not give Buyer any right to reject the Products, and Buyer will be obligated to accept and pay at the applicable price for the quantity of the Products delivered.
Quality Guarantee. Wilcox Foods stands behind the quality of our products. Buyer must notify Wilcox Foods of any questions or concerns about a delivery within 24 hours of delivery.
Transfer of Ownership. Ownership of the Products passes to Buyer when delivery is made or Buyer or its representatives take possession of the Products. Where Buyer collects Products from Wilcox Foods premises, Buyer agrees to be solely responsible for the transportation of such Products.
5. Returns and Refunds
Eligibility for Returns and Refunds. Due to the perishable nature of our products, as well as food safety compliance measures, returns are generally not accepted. However, we will offer refunds or replacements under the following conditions:
- The product was delivered damaged or spoiled.
- The product was incorrect or not as described in your order.
- The product has a quality issue.
Reporting Issues. Any issues with your order must be reported within 24 hours of delivery. Please contact our customer service team immediately at orders@wilcoxfoods.com or 415-282-4116 with the following information:
- Your order number.
- A detailed description of the issue.
- Photographic evidence of the damaged or spoiled product, if applicable.
Resolution Process. Upon receiving your complaint, we will investigate the issue and respond within 48 hours. If the product is deemed defective or incorrect, we will offer one of the following resolutions based on your preference:
- A full refund of the purchase price.
- A replacement of the product at no additional cost.
- A credit towards a future purchase.
Return of Non-Perishable Items. Non-perishable items may be eligible for return within 7 days of delivery if they are unopened and in their original packaging. Please contact customer service to initiate a return. The customer is responsible for return shipping costs unless the return is due to our error.
Refund Processing. Refunds will be processed using the original payment method and may take up to 7-10 business days to appear in your account, depending on your bank or payment provider.
Exceptions. Special orders may not be eligible for refunds or returns unless they are defective or incorrect. Clearance or sale items are final sale and cannot be returned or refunded.
6. Payments and Credit Hold Policy
Invoice Payments. Invoices will be paid to Wilcox Foods according to terms agreed with Buyer. Where Wilcox Foods does not grant credit to the Buyer, payment will be made to Wilcox Foods at or before delivery of orders.
Access to Credit. Wilcox Foods may, in its sole and absolute discretion, grant credit to Buyer. Wilcox Foods reserves the right to adjust credit terms without prior notice.
Remittance Instructions. Payment can be made in the form of Credit Card, Zelle, ACH/Wire or checks. Please call our Accounting department at 415-282-4116 for additional information. For checks, please send them to Wilcox Frozen Foods, Inc., PO BOX 24622, San Francisco, CA, 94122. All credit card payments will be assessed a 3% processing fee.
Due Date Definition. For the avoidance of doubt, on time payment means checks postmarked by the due date or ACH/wire transfer initiated by the due date.
Credit Hold Policy. If Buyer is 8 days beyond the agreed due date, Buyer will be immediately and strictly put on credit hold and delivery will be withheld until payment is made. Wilcox Foods reserves the right to revoke the payment terms, and all payments are required for future delivery of goods.
Late Payments. All overdue amounts shall bear interest at the rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is less, until paid in full.
Failed Payments. A $25 fee will be charged for any bounced check. Any failed payments will result in Buyer’s account being suspended immediately. Resumption of Buyer’s account will require payments to be cleared in credit card or ACH.
Collections. In the event of non-payment or default, Wilcox Foods may initiate collection actions and the Buyer will be responsible for all related costs, including legal fees.
7. Termination of Business Relationship
Please notify Wilcox Foods via Allison or David Schoop of any intent to end the business relationship. All outstanding payments due will be settled prior to the official termination date.
Wilcox Foods reserves the right to terminate business relationships at any time in the event Buyer violates the terms of services herein.
8. Governing Law
Any order placed with Wilcox Foods shall be governed by, and interpreted in accordance with, the laws of the State of California.
9. Indemnification
Buyer agrees to indemnify, defend and hold Wilcox Foods and its owners, officers, employees, product and service providers, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees and costs, related to your violation of these Terms of Service or violation of applicable law and regulations.
10. Confidentiality
Wilcox Foods may from time to time require that Buyer provide financial statements or other financial reports as a condition of establishing or continuing credit. Wilcox Foods agrees that such information will be used only for the purpose of establishing or continuing credit to Buyer, and will be available to internal credit department personnel on an as-needed basis only, or to such other persons or entities as may be required for the purpose of enforcing this Agreement. To the extent that any financial information provided to Wilcox Foods by Buyer is publicly known or becomes publicly available through no fault of Wilcox Foods, such information shall not be treated as confidential.
11. Force Majeure
No Party shall be liable or responsible to the other Party, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms except for any obligations of Buyer to make payments to Wilcox Foods, when and to the extent such failure or delay is caused by or results from acts beyond Wilcox Foods reasonable control, including, without limitation, the following force majeure events (a) acts of God; (b) flood, fire, earthquake, epidemics, or other natural disasters; (c) telecommunication breakdowns, power outages or shortages, or (i) other similar events beyond the reasonable control of the Impacted Party.
12. Supersedes Previous Agreements
This Agreement supersedes all prior agreements and understandings, oral, written and implied, between the parties hereto with respect to the subject matter hereof. All such prior agreements and understandings are hereby terminated and deemed of no further force or effect.
