Commodity Purchase Agreement between Guittard Chocolate Company and Rocky Mountain Chocolate Factory (2006)

Summary

Guittard Chocolate Company agrees to sell, and Rocky Mountain Chocolate Factory agrees to purchase, specified quantities of chocolate products under set terms. The contract outlines pricing, delivery deadlines (by December 31, 2006 or June 30, 2006), payment terms, and conditions for extending withdrawal dates. It also addresses tax responsibilities, credit terms, and excuses for non-performance due to uncontrollable events. The agreement protects the buyer from price increases but not from price decreases. Both parties have signed to confirm acceptance of these terms.

EX-10.15 2 d35812exv10w15.htm COMMODITY CONTRACT exv10w15

Exhibit 10.15


GUITTARD^®		FIRM
		CONTRACT
		F437, F440, F441, F456
Since 1868		January 9, January 17, March 2, 2006

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 DEC. 31, 2006 or June 30, 2006

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/ Mark Spini
/s/ Bryan J. Merryman BUYER

				January 9, 2006 or June 17, 2006 or March 2, 2006
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