Commodity Purchase Agreement between Guittard Chocolate Company and Rocky Mountain Chocolate Factory (March 2004)

Summary

Guittard Chocolate Company agrees to sell, and Rocky Mountain Chocolate Factory agrees to purchase, specified quantities of chocolate products under set terms. Withdrawals must be completed by December 31, 2004, with a possible 90-day extension at an extra charge. Payment terms are 2% discount if paid within 10 days, otherwise net 30 days, subject to seller's credit approval. The buyer assumes responsibility for any applicable taxes. The contract allows for excused non-performance due to uncontrollable events such as natural disasters or strikes. Prices are protected against increases but not decreases.

EX-10.14 2 d15732exv10w14.txt COMMODITY CONTRACT WITH GUITTARD CHOCOLATE COMPANY EXHIBIT 10.14 GUITTARD(R) FIRM CONTRACT E 772 Since 1868 MARCH 4, 2004 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:

(Withheld for competitive reasons) F.O.B. SEE ABOVE WITHDRAWALS TO START NOW AND TO BE COMPLETED BY DEC. 31, 2004 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 April 4, 2004 March 4, 2004 - ---------------------------- -------------------------- Date Date

CUSTOMER COPY GUITTARD CHOCOLATE COMPANY MANUFACTURERS OF CHOCOLATE AND COCOA PRODUCTS o 10 GUITTARD ROAD, BURLINGAME, CA 94010-2203 P.O. BOX 4308 o BURLINGAME, CA 94011-4308 ###-###-#### o ###-###-#### o FAX ###-###-#### o www.guittard.com