Attorney-review draft. Wholesale POs are not accepted through this site; they are subject to a written agreement between Bacorn and the buyer.
Wholesale Terms
1. Applicability
These Wholesale Terms apply to any buyer purchasing Bacorn for resale, use in a foodservice operation, or event vending, in addition to any master service agreement or PO acknowledgment between Bacorn and the buyer.
2. Ordering, MOQ, and case pack
Minimum order quantity (MOQ) and case-pack configuration are confirmed at the time of order and may vary by retail channel and Bacorn founders-program status. Founders-program pilots typically qualify for lower MOQ. Case configurations are printed on the invoice.
3. Pricing
Wholesale pricing is confirmed on each PO. Volume-based pricing tiers, category-manager pricing, promotional allowances, and slotting fees (where applicable) are negotiated per buyer and documented on the PO or in a separate purchase agreement.
4. Payment terms
Default terms are payment on invoice via ACH or credit card. Net-30 or Net-60 terms may be extended for approved buyers with references and a credit check. Late payment is subject to a service charge of 1.5% per month or the maximum permitted by law.
5. Shipping and delivery
Freight is quoted per PO. FOB origin unless otherwise agreed. Bacorn arranges freight through preferred carriers; buyer may specify a preferred carrier with prior approval. Claims for damaged or short shipments must be filed within 7 days of receipt.
6. Returns and defective product
Product may not be returned for credit unless (a) Bacorn shipped the wrong item, (b) the product is defective, or (c) return is expressly authorized in writing. Defective product will be replaced or credited at Bacorn's option; buyer must retain a sample and provide photos for the claim.
7. Resale channels
Buyer agrees to resell Bacorn only through the approved channels identified on the PO (e.g., retail shelves, foodservice menus, event vending). Resale on unauthorized marketplaces without written permission is prohibited.
8. Brand and trademark use
Buyer is granted a limited, non-exclusive, non-transferable license to use the Bacorn™ mark and approved marketing assets in connection with the resale of authentic Bacorn product. Buyer may not modify the mark, use it in a way that implies endorsement of the buyer's other products, or continue to use it after the buyer stops carrying Bacorn.
9. Insurance and food safety
Bacorn maintains product liability insurance and can provide a Certificate of Insurance on request. Buyer is responsible for its own general liability, workers' comp, and any additional coverage required by its channel.
10. Compliance with law
Both parties will comply with all applicable food-safety, labeling, tax, and consumer-protection laws in the jurisdictions where they operate.
11. Confidentiality
Pricing, forecasts, and product roadmaps shared between the parties are confidential and may not be disclosed to third parties without written consent, except as required by law.
12. Termination
Either party may terminate the wholesale relationship for cause on 30 days' written notice, or for convenience on 60 days' written notice, subject to fulfillment of any open POs.
13. Governing law
These Wholesale Terms are governed by the laws of the State of Texas, and any dispute will be resolved in Harris County, Texas, unless another venue is agreed in writing.
14. Contact
Wholesale questions: wholesale@bacorn.store.
