Terms and Condtions

HILMAR STANDARD TERMS AND CONDITIONS OF SALE

Hilmar Cheese Company, Inc. delivers the promise of dairy. We aim to make your experience with us a positive one. Terms and Conditions of Sale are essential and it is our duty to communicate them. Before we can process an order from you, an account must be opened. This can be done by calling (209) 667-6076 during office hours, and by fully completing, signing and returning our Credit Application. Sales are prepaid, via wire transfer or certified funds unless credit is approved.

CREDIT TERMS

Hilmar Cheese Company, Inc. may, in its sole discretion, agree to grant credit terms to Customer. If Hilmar Cheese Company, Inc. exercises its option to refuse to grant credit to Customer, Hilmar Cheese Company, Inc. shall not be liable for any damage, loss or cost whatsoever to Customer. Any credit terms are subject to Hilmar Cheese Company, Inc.’s continuing approval of Customer’s credit. If, in Hilmar Cheese Company, Inc.’s sole discretion and determination, Customer’s credit or financial standing becomes unsatisfactory, Hilmar Cheese Company, Inc. may withdraw or modify its credit terms. A completed, updated credit application is required every three years.

DELIVERY, TITLE, and RISK of LOSS 

The delivery date is an estimate only and Hilmar Cheese Company, Inc. shall not be bound by such date. Hilmar Cheese Company, Inc. shall not be liable for any direct, incidental, or consequential loss or damage to Customer, or to any third parties, due to delay or not delivering in accordance with the estimated delivery date regardless of the cause. Hilmar Cheese Company, Inc. will select the method of delivery. Title to the goods and risk of loss shall pass at the time of shipment to the customer unless otherwise set forth in writing by Hilmar Cheese Company, Inc.

PAYMENT

Payment for purchases and/or services are due to be received by our bank on or before the invoice due date. In the event of product purchase cancellations, payment for services rendered prior to cancellation date are due to be paid at time of cancellation. Customer’s payment obligations shall not be conditioned on Customer’s receipt of payment from any third party. Pursuant to California Commercial Code §2401,§9609, Hilmar Cheese Company, Inc. retains a security interest in the goods shipped or delivered until the purchase price is paid in full, and reserves the right to recover the goods possessed with or without judicial process, at the option of Hilmar Cheese Company, Inc. In the event of a default, customer agrees to assemble the goods purchased and make it available to Hilmar Cheese Company, Inc. at a place to be designated by Hilmar Cheese Company, Inc. that is reasonably convenient to both parties. Customer agrees herewith to pay reasonable attorney’s fees, court costs, collection agency fees, and interest in the event it becomes necessary to pursue legal action for the collection of monies owed on the basis of representations given in this credit application. The customer agrees that the merchandise will be subject to the laws of the State of California, United States of America.

CREDIT LIMIT

Please do not exceed your credit limit without first making arrangements with our Credit Manager. For your account’s status, please contact our Credit Manager at (209) 656- 6076. A customer with a past due balance will not be shipped further goods until the situation is corrected. Hilmar Cheese Company, Inc. reserves the right to charge a late fee in the lesser amount of 18% per year or as permitted by law for customer charges paid after their due date.

DEDUCTIONS

Deductions from Hilmar Cheese Company, Inc. invoices must be agreed to by both parties to avoid discrepancies and ‘credit holds’ that might disrupt business. We will promptly issue credit and/or debit memos as they are required.

MINIMUM ORDERS

Please verify order quantity and availability with your Hilmar Cheese Company, Inc. Sales Manager. Hilmar Cheese Company, Inc., at its sole option, may refuse orders from a customer with a past due balance or a balance in excess of its credit limit. Acceptance of orders is expressly conditioned on Customer’s acceptance of these terms and conditions and no order is accepted until approved in writing by Hilmar Cheese Company, Inc.

PRICES

Are in United States Dollars and may change without notice.

LEAD TIME

Please ask your Hilmar Cheese Company, Inc. Sales Manager for standard lead time for the products you wish to order. Standard lead time can be subject to change, including the day of your order and the shipment day. In order to be equitable to all customers, Hilmar Cheese Company, Inc. reserves the right to determine optimum order processing, including any special orders or requests and agreed additional charges.

HOW TO ORDER

Our office hours are Monday through Friday, 8:00 am to 5:00 pm PST/PDT. Email may be sent anytime and will be addressed during office hours. Orders may be placed by email, US mail, and EDI. Order phone number is (209) 667-6076. Orders may also be placed by contacting your Sales Manager. We urge you to use the Hilmar item numbers when ordering. This will aid speed and accuracy. If you wish to handle freight, please arrange timing with our team. Please make shipping decisions clear to us when placing your order.

CUSTOMER PICK-UP

Dock appointments are required. Please make dock appointments 24 hours in advance and notify us immediately if schedules change by phoning the Customer Solutions Team by calling (209) 667-6076. Our docks are open Monday through Friday from 7:00 am to 5:00 pm.

RETURNS AND ADJUSTMENTS

Hilmar Cheese Company, Inc. does not guarantee your sales. Inspect your order when it arrives. Look for hidden damage and make sure that everything on the manifest is there. If there is a problem with the order or questions, please email contacts within seven (7) calendar days. Deductions from a Hilmar Cheese Company, Inc. invoice before a credit memo is issued could cause a disrupting credit hold.

BILLING ERRORS

Credits and Debits must be officially approved in order to be valid. When such is authorized, your account will be adjusted, and a memo will be sent to your accounts payable department.

LIMITATIONS OF ACTIONS

Customer must commence action for any alleged breach of the contract of sale, including any recoupment or set-off by customer, within one year of the date of the invoice, or the claim shall be permanently barred.

MISCELLANEOUS CHARGES

Fees (slotting, fair share, reset, handling, uploading, lumper, storage, administrative, samples, paperwork processing, etc.) reclamation (damage, spoil, shelf-worn, outdated, out of code, donated, etc.) and deductions from 3rd parties (retailers, brokers, reclamation centers, clearinghouses, etc.) will NOT be paid without written authorization from Hilmar Cheese Company, Inc.

FORCE MAJEURE

Force Majeure shall mean delays caused by any governmental or quasi-governmental entity, shortages of materials, natural resources or labor, fire, catastrophe, labor strikes, civil commotion, riots, war, acts of God, governmental prohibitions or regulations, inability to obtain materials, or any and all other extraordinary causes (but not including financial inability). Therefore, if an event of Force Majeure occurs, neither party shall have any liability to the other for non-performance of the affected provision of this agreement. Neither party shall be in default under this agreement for failure to perform due to Force Majeure. If an event of Force Majeure occurs, the period of time either party has for performance as provided in this agreement shall be extended one day for each day performance is delayed by such event of Force Majeure.

MODIFICATION

These standard terms and conditions may be modified only by a separate instrument in writing signed by Hilmar Cheese Company, Inc. and Customer. Any terms and conditions from any other source, including but not limited to Customer’s purchase order or acknowledgments, are deemed excluded. These Terms and Conditions shall control and take precedence over any conflicting terms and conditions in any other document. An updated credit application is required every three years.

WARNING RE: FRAUDULENT FUNDING INSTRUCTIONS

Email hacking and fraud are on the rise. Should you have concerns regarding where you are sending funds, or if you receive any changed payment instructions, please call your Sales Manager immediately. Hilmar Cheese Company, Inc.is not responsible for funds remitted to an incorrect account.