Guittard Chocolate Company and Rocky Mountain Chocolate Factory Sales Agreement (October 2008)

Summary

Guittard Chocolate Company agrees to sell specified chocolate products to Rocky Mountain Chocolate Factory, which agrees to purchase them under the terms outlined. The contract sets prices, payment terms, delivery deadlines (by March 31, 2009, with possible extension), and conditions for shipment and payment. If Rocky Mountain Chocolate Factory fails to pay on time, Guittard may delay shipments. Any taxes imposed on the products are the buyer’s responsibility. The agreement also excuses Guittard from performance in case of uncontrollable events like natural disasters or strikes.

EX-10.13 3 d67844exv10w13.htm EX-10.13 exv10w13

Exhibit 10.13



		GUITTARD^®		FIRM
				CONTRACT
				G460, G461
		Since 1868		October 14, 2008

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 March 31, 2009

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
October 30, 2008				October 14, 2008

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