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EX-10.13 2 d73117exv10w13.htm EX-10.13 exv10w13
Exhibit 10.13
         
 
  GUITTARD®   FIRM
 
      CONTRACT
 
      G460, G461
 
  Since 1868   JAN 19, 2010
GUITTARD CHOCOLATE CO. OF BURLINGAME, 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:
                 
QTY.   ITEM   PACK   PRICE PER POUND   F.O.B. LOCATION
*
  *   *   *   *
F.O.B. SEE ABOVE
WITHDRAWALS TO START NOW AND TO BE COMPLETED BY JUNE 30, 2010
     At seller’s 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, seller’s 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 9, 2010
      January 19, 2010
 
       
Date
      Date
CUSTOMER COPY
Legend:
     * The material has been omitted pursuant to a request for confidential treatment and such material has been filed separately with the Commission.
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