Terms and Conditions

Effective Date: November 5, 2026 Last Updated: November 5, 2026

Welcome to Skus Food (accessible at skusfood.com). These Terms and Conditions (“Terms”) constitute a legally binding agreement between Skus Food (“Company,” “we,” “us,” or “our”), operating in Manhattan, New York, and you or the business entity you represent (“Buyer,” “Customer,” or “you”).

By accessing our website, browsing our product catalog, submitting price inquiries, or purchasing wholesale products from Skus Food, you agree to be bound by these Terms, along with our Privacy Policy and our Refund & Returns Policy. If you do not agree with these Terms, you must discontinue the use of our services immediately.

1. Nature of the Business & B2B Commercial Scope

Skus Food is a business-to-business (B2B) wholesale supplier and distributor providing commercial food products, pantry staples, cooking oils, and specialty beverages to restaurants, grocers, supermarkets, bodegas, and commercial foodservice operations across New York and surrounding regions.

Commercial Intent: Our services and catalog are intended exclusively for commercial entities, retail resale businesses, institutional kitchens, and licensed food operations.
Resale & Tax Certificates: Buyers purchasing goods for tax-exempt resale purposes are solely responsible for providing valid New York State or jurisdictional resale exemption certificates (e.g., Form ST-120).

2. Product Catalog, Inquiries & Non-Binding Pricing

Because global food commodity values, import freight rates, and pallet-tier volume discounts fluctuate dynamically:

Catalog Display: Products listed on our website represent current catalog availability and inventory specifications. Listed items do not constitute a fixed retail consumer offer.
Request a Quote Model: Pricing is generated on an individual inquiry basis via our “Ask for Price” or “Request a Quote” system based on requested volume, case quantities, and shipping logistics.
Quote Validity: Formal quotes issued to buyers remain valid only for the specific duration designated on the written quotation or pro-forma invoice. Quotes expire automatically if not approved within that stated timeline.
Specification Updates: Manufacturers periodically adjust packaging design, labeling, and lot formulations. We endeavor to ensure catalog descriptions remain accurate, but slight packaging variations may occur without impacting core product standards.

3. Orders, Confirmation & Contract Formation

Order Placement: An inquiry or quote submission does not constitute a completed order. A binding purchase contract is formed only when Skus Food issues a formal sales invoice and order confirmation after verifying product stock.
Order Modifications & Cancellations: Requests to modify or cancel pending orders must be submitted via our customer portal prior to warehouse dispatch and pallet staging. Orders that have entered the packing line, loaded onto freight trucks, or dispatched for local transit cannot be cancelled.
Minimum Order Quantities (MOQ): We reserve the right to enforce Minimum Order Quantities on select high-demand, bulk-case, or imported product lines.

4. Invoicing, Payments & Taxes

Payment Terms: Accepted B2B payment methods include corporate ACH transfer, wire transfer, certified company checks, and approved credit/debit facilities as agreed upon in your invoice.
Payment Due Dates: Payment terms (e.g., Prepaid, Cash on Delivery, or Net-Term arrangements) are strictly dictated by your commercial credit approval and stated invoice terms. Late payments may accrue statutory interest and late collection administrative charges.
Sales Tax: Applicable municipal, state, or federal taxes will be added to invoiced totals unless a verified tax-exemption or resale certificate is submitted and verified prior to billing.

5. Delivery, Freight & Risk of Loss

Delivery Schedules: Delivery dates and fulfillment windows provided by Skus Food are estimates. While we strive to meet scheduled fulfillment commitments throughout the New York metropolitan area, we are not liable for transit delays caused by extreme weather, port delays, vehicular logistics breakdowns, or unforeseen municipal transport bottlenecks.
Delivery Handoff: Commercial buyers must ensure that delivery premises (loading docks, storefronts, or receiving bays) are accessible and equipped to receive freight shipments.
Title and Risk of Loss: Title and risk of loss for commercial goods pass to the Buyer upon physical handoff at the designated delivery location or upon pickup from our distribution points.
Receiving Responsibilities: The receiver must inspect the condition and case count of pallets, boxes, or cartons prior to signing delivery bills of lading (BOL), as detailed in our Refund & Returns Policy.

6. Food Safety, Regulatory Compliance & Storage

Post-Delivery Handling: Upon delivery acceptance, the Buyer assumes complete responsibility for maintaining safe storage conditions (including temperature control, vermin exclusion, clean warehouse standards, and adherence to FDA and New York Department of Agriculture guidelines).
No Uncontrolled Returns: Because food items are subject to strict public health mandates, opened or improperly maintained inventory cannot be accepted back into our supply chain under any condition.

7. Intellectual Property

All content published on skusfood.com—including logos, product copy, custom layouts, digital imagery, design assets, and website architecture—is the property of Skus Food or its licensed content providers and is protected under United States and international copyright and trademark laws. Unauthorized reproduction, scraping, mirroring, or exploitation of site content for commercial purposes is prohibited.

8. Limitation of Liability

To the maximum extent permitted under applicable federal and New York State laws:

Skus Food, its officers, employees, and logistics partners shall not be liable for any indirect, incidental, punitive, special, or consequential damages (including loss of business profits, goodwill, work stoppage, or commercial spoilage) arising out of or connected with the purchase, use, or delayed delivery of goods.
Our total aggregate liability for any direct claim arising from an order shall not exceed the actual invoiced purchase price paid by the Buyer for the specific goods giving rise to the claim.

9. Indemnification

You agree to defend, indemnify, and hold harmless Skus Food and its affiliates from and against any claims, losses, liabilities, fines, and legal expenses arising out of:

Your violation of these Terms or applicable food safety storage standards.
Inaccurate tax exemption certificates or fraudulent resale declarations provided by your organization.
The subsequent retail sale, redistribution, or handling of products once delivered into your possession.

10. Force Majeure

Skus Food shall not be held liable or considered in breach of contract for any failure or delay in fulfilling delivery obligations if caused by circumstances beyond reasonable operational control, including natural disasters, acts of God, labor strikes, regional supply shortages, government embargoes, border closures, port bottlenecks, or power grid failures.

11. Governing Law & Dispute Resolution

These Terms and any commercial transactions conducted through skusfood.com are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.

Any dispute, legal action, or commercial proceeding arising under or relating to these Terms shall be instituted exclusively in the state or federal courts located in New York County (Manhattan), New York, and both parties expressly consent to the exclusive jurisdiction and venue of such courts.

12. Modifications to Terms

We reserve the right to revise or update these Terms and Conditions at our sole discretion. Any updates will take effect immediately upon being posted to this page, along with an updated effective date. Continued procurement or utilization of our services following revisions constitutes agreement to the updated Terms.

13. Contact & Inquiries

For questions regarding these Terms and Conditions, contract verification, or commercial procurement agreements, please submit your request directly through our Contact Us Page.