Terms and Conditions

Terms & Conditions:   Unless other terms and conditions are previously agreed in writing by Customer and Black's Bay Farm ("BBF"), by the Customer placing an order through this Internet-based store, Customer irrevocably agrees to the following terms, conditions, waivers, indemnifications:

  1. Food and shipping regulations tend to suppport and protect multi-national Big Food corporations, Big Ag. corporations, and their international food distribution chains.  Delays and variability in delivery timing greatly increases the risk of spoilage due to inadequate refrigeration.  Also, BBF prefers to focus on food that is locally produced and locally marketed.  Therefore, BBF does not ship food outside North America (continental USA and Canada).
     
  2. All on-line Internet orders must be irrevocably paid in full before order is processed, can neither be cancelled nor delayed, and deposits (if any) are non-refundable.  Any subsequent BBF invoices are due & payable in full within 15 days after invoice date.  Overdue invoices are subject to $10 per invoice administration fee, plus 0.05%/day (18.25%/yr) interest on overdue unpaid balance, calculated daily and invoiced monthly, plus any additional expenses reasonably incurred by BBF to collect overdue amounts;
     
  3. All items remain the sole property of BBF as bailor, until BBF has been paid in full by Customer (bailee).  At no cost to BBF, Customer agrees to be solely responsible and strictly liable for the safe and proper refrigeration, storage, protection, and refraining from use or conversion of all items under bailment;
     
  4. Customer's order will be shipped at the beginning of the week, or early enough during the week so that it can be delivered to Customer on or before Friday, thus avoiding the parcel sitting in transit during a weekend or holiday;
     
  5. BBF will provide the Customer with a Tracking Number (if available for the shipping method the customer chose).  Customer is responsible for continuously tracking the shipment, and taking adequate steps to ensure the shipment can be immediately delivered to the Customer upon its arrival at the planned destination;
     
  6. BBF will thoroughly freeze (or has previously frozen) the meat ordered by Customer, then will pack Customer's order with sufficient dry ice or cooling packs and insulation so as to keep the products refrigerated and safe during typical shipping transit times, plus an adequate safety time margin;
     
  7. The meat should remain solidly frozen during transit.  If the meat is partially frozen upon Cusomer's receipt, it is generally safe, but should be considered as "Fresh, Previously Frozen". Customer is solely responsible to thoroughly inspect and assess the condition and acceptability of the meat immediaely upon delivery receipt. If the packaging (especially the thermal insulation) is damaged, and/or the meat does not have a substantial portion that is still frozen upon Customer's delivery receipt, then the adversely affected meat shall be considered spoiled (ie. unfit and unsafe for human consumption), and Customer is then soley responsible to immediately:  a) Clearly label all adversely affected meats as spoiled;  and b) Prevent the spoiled meat from inadvertent use as human food;  and c) Safely destroy and dispose of the spoiled meat promptly.  If Customer fails to follow all of  these requirements, then BBF shall be held harmless from any and all costs, fines, fees, claims, damages, injuries, sickness, death, and liability that are directly or indirectly caused or contributed by the spoiled meat or BBF's packaging and shipping process, and Customer will indemnify and defend BBF from all claims, costs, awards, and adverse consequences;
     
  8. Customer agrees to promptly notify BBF of all circumstances surrounding any significant risk, damaged shipment, or spoiled meat so that BBF can reassess its methods to minimize future risks of spoiled meat.
     
  9. Customer may purchase insurance for the loss, damage, contamination, spoilage, or delay of Customer's shipment. Whether Customer purchases insurance or not, Customer is responsible for ensuring the shipment can be promptly delivered to a responsible person at the Customer's address.  If customer purchases shipping insurance, Customer subrogates any claims or insurance coverage available through all Common Carriers used for the shipment, and irrevocably appoints BBF as Customer's agent for making all insurance claims. There is no insurance coverage offered by BBF if there is a significant delay in the pickup or delivery of the shipment due to the Customer not being immediately available to receive the shipment, and/or the Customer's failure to properly and immediately inspect and refrigerate the perishable products after delivery to the Customer;
     
  10. If Customer decides or inadvertely does not purchase insurance, then:   a) BBF will provide and retain objective evidence that BBF properly prepared, packaged, and shipped Customer's order, but after that, the shipment is at the Customer's sole responsibility, risk, cost, and liability;   and b) Shipment of perishable food items is at Customer's sole responsibility, risk, cost, and liability;  and c) The Common Carrier chosen by the Customer may offer some service guarantee to the Customer, but this has no representation, recommendation, guarantee, warranty, involvement, endorsement, risk, or liability by BBF;  and d) Customer irrevocably agrees to indemnify BBF from all costs, fines, fees, costs, claims, damages, injuries, sickness, death, and liability that are caused or contributed by the products purchased and/or their shipment.
     
  11. There are no other implied or paroled terms and conditions, guarantees, warranties, covenants, indemnifications, waivers, verbal agreement, or inducements except as are expressly stated on the product descriptions, these terms and conditions, and as expressly defined and agreed in any prior written agreement signed by BBFand the Customer.
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