Terms and Conditions
Janes Ice Cream – Wholesale Ordering Terms & Conditions (New York)
Effective Date: 4/2/2026
These Terms & Conditions (“Terms”) govern access to and use of the Janes Ice Cream wholesale ordering portal (“Portal”) and all purchases made through it. By accessing the Portal or placing an order, you (“Customer”) agree to these Terms.
1. Wholesale Eligibility & Account Requirements
- The Portal is available only to approved wholesale customers purchasing for resale or qualified business use.
- Customers must provide a valid New York State Resale Certificate (Form ST-120) or equivalent documentation prior to tax-exempt purchases.
- Customers are responsible for maintaining accurate and current business, billing, and tax information.
- Janes Ice Cream reserves the right to approve, deny, suspend, or terminate accounts at its sole discretion.
2. Orders & Acceptance
- All orders are subject to acceptance by Janes Ice Cream.
- Submission of an order does not guarantee fulfillment.
- Minimum order quantities and product availability may apply.
- Orders may not be modified or canceled after acceptance without written approval.
3. Pricing & Taxes
- All prices are wholesale prices in U.S. dollars and subject to change without notice.
- Prices do not include applicable New York State and local sales taxes, delivery fees, fuel surcharges, or other charges unless stated.
- Customers without valid resale documentation on file will be charged applicable sales tax in accordance with New York Tax Law.
4. Payment Terms
- Payment terms (e.g., Net 7, Net 15, Net 30, or prepaid) are established per account and subject to credit approval.
- Late payments may incur:
- Interest at 1.5% per month (or the maximum allowed under New York law)
- Collection costs, including reasonable attorney’s fees where permitted
- Janes Ice Cream reserves the right to modify payment terms or require prepayment at any time.
5. Delivery, Title & Risk of Loss (UCC Compliance)
- All deliveries are made F.O.B. delivery location unless otherwise agreed in writing.
- Title and risk of loss transfer to the Customer upon delivery and acceptance.
- Delivery dates are estimates and not guaranteed.
- Customer is responsible for providing safe and reasonable access for delivery.
6. Inspection & Claims (UCC § 2-607)
- Customer must inspect all goods upon delivery.
- Any claims for shortage, damage, or nonconformity must be reported within 24 hours of receipt.
- Failure to notify within this timeframe constitutes acceptance under New York Uniform Commercial Code (UCC).
- Returns are not accepted without prior written authorization.
7. Perishable Goods Disclaimer
- All products are perishable food items.
- Janes Ice Cream disclaims liability for product degradation due to improper storage, handling, or delayed refrigeration after delivery.
- Customer is responsible for maintaining appropriate food safety standards in compliance with New York State Department of Agriculture & Markets guidelines.
8. Product Availability & Substitutions
- Product availability may vary due to seasonality, production, or supply chain factors.
- Janes Ice Cream reserves the right to allocate, substitute, or limit quantities with notice.
9. Limitation of Liability
- To the fullest extent permitted by New York law:
- Janes Ice Cream shall not be liable for indirect, incidental, or consequential damages, including loss of profits.
- Liability is limited to the purchase price of the goods in question.
- No warranties extend beyond those required under applicable law.
10. Force Majeure
Janes Ice Cream shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including:
- Severe weather
- Equipment failure
- Labor shortages
- Supply chain disruptions
- Government actions or regulations
11. Account Suspension & Termination
Janes Ice Cream may suspend or terminate any account for:
- Non-payment or delinquent balances
- Misuse of the Portal
- Violation of these Terms
12. Governing Law & Jurisdiction
- These Terms shall be governed by the laws of the State of New York.
- Any disputes shall be resolved in the state or federal courts located within Ulster County, New York, unless otherwise required by law.
13. Modifications
Janes Ice Cream reserves the right to update these Terms at any time. Continued use of the Portal constitutes acceptance of any revised Terms.
14. Contact Information
Janes Ice Cream
721 Ulster Avenue
Kingston, NY 12401
United States
Contact: Dino
Phone: 845-417-4317
Email: dino@janesicecream.com