Commodity Contract with Guittard Chocolate Company
Exhibit 10.16
GUITTARD® | FIRM | |
CONTRACT | ||
F 113 through F 117 | ||
Since 1868 | February 3, 2005 |
GUITTARD CHOCOLATE CO. OF BURUNGAME, CALIFORNIA, AGREES TO SELL, AND
ROCKY MOUNTAIN CHOCOLATE FACTORY | ||
265 TURNER DRIVE | ACCT: 475155 | |
DURANGO, CO 81301 | PHONE: 970 ###-###-#### | |
ATTN: MR. BRYAN MERRYMAN |
AGREES TO PURCHASE THE FOLLOWING SUBJECT TO THE CONDITIONS INDICATED BELOW:
PRICE PER | ||||||||
QTY. | ITEM | PACK | POUND | F.O.B. LOCATION | ||||
* | * | * | * | * | ||||
F.O.B. SEE ABOVE
WITHDRAWALS TO START NOW AND TO BE COMPLETED BY DEC. 31, 2005
At sellers option withdrawal date may be extended ninety days at an additional charge of one hundred and thirty cents per hundred weight.
Our terms are 2% ten days, thirty days net, sellers credit department having the right to determine the amount of open credit during the thirty day period. If buyer fails to fulfill the terms of payment, the seller has the right to defer shipments until such payments are made.
Should any form of tax be levied by the United States Government, or any political subdivisions, on these items, or on the raw materials contained therein, it shall be assumed and paid for by the buyer.
Performance of this contract by the seller shall be excused in the event of floods, fires, strike, plant disablement, war, raw material controls, acts of God, or other conditions beyond its control, no matter where such event occurs.
Buyer will be protected against advance in price, but it is understood and agreed that the above prices are NOT GUARANTEED AGAINST decline.
ACCEPTED BY: | ACCEPTED BY: | |
ROCKY MTN. CHOCOLATE FACTORY | GUITTARD CHOCOLATE COMPANY | |
CUSTOMER NAME | ||
/s/ Bryan J. Merryman | /s/ Mark Spini | |
BUYER | ||
February 23, 2005 | February 3, 2005 | |
Date | Date |
CUSTOMER COPY
Legend:
GUITTARD CHOCOLATE COMPANY
MANUFACTURERS OF CHOCOLATE AND COCOA PRODUCTS 10 GUITTARD ROAD, BURLINGAME, CA 94010-2203
P.O. BOX 4308 BURLINGAME, CA 94011-4308
(650)  ###-###-#### (800)  ###-###-#### FAX (650)  ###-###-#### www.guittard.com