DOWN PAYMENTS

1. **Deposit Requirements**  
   - A minimum of 50% of the total amount is due upon booking to secure your order and date. If the order is confirmed 14 days or less before the event, 100% of the total balance is required at booking. Please note that inquiries, whether written or verbal, do not guarantee dates or times.

2. **Non-Refundable Deposit**  
   - Your down payment reserves your event date and is non-refundable.

3. **Cancellation Policy for Late Bookings**  
   - For orders confirmed 14 days or less from the event date, if no deposit has been made and the balance has been paid in full, the client will receive a credit for future orders with ROCK SUGAR LLC (RS) upon cancellation. Credits are non-transferable and must be used by the original purchaser.

4. **Acknowledgment of Terms**  
   - Any payment toward this invoice serves as your acknowledgment and acceptance of all terms and conditions listed.

5. **Quote Validity**  
   - Verbal and written quotes are valid for 30 days from receipt. After 30 days, RS reserves the right to cancel or modify unpaid invoices and adjust prices to current rates.

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FINAL PAYMENT

- The remaining balance, if applicable, is due no less than 14 days before your event date unless otherwise arranged with RS. Please use the payment link provided via email to settle your final balance. If you have not received a final invoice or are experiencing issues with payment, contact RS immediately at info@rock-sugar.com or 702-527-8801.

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NON-PAYMENT, CANCELLATIONS, AND RESCHEDULES

1. **Cancellation Notice**  
   - Cancellation notifications must be made in writing at least 14 days prior to the delivery date. The down payment is non-refundable, but no additional monies will be owed to RS.

2. **Unpaid Balances**  
   - If the balance is not paid 14 days before the event, the order will be canceled, and the down payment will be forfeited.

3. **Cancellation Rights**  
   - RS reserves the right to cancel invoices or estimates due to non-payment. If RS deems there is insufficient time to complete the order, unpaid invoices may be canceled.

4. **Cancellation with Short Notice**  
   - For cancellations made with less than 7 full days’ notice, a credit of up to 25% of the original order amount (excluding tips) may be issued at RS's discretion.

5. **Cancellation Post-Completion**  
   - If cancellation occurs after the order is completed or less than 48 hours before delivery, no refund or credit will be issued.

6. **Rescheduling Policy**  
   - A minimum of 2 weeks' notice is required to reschedule an order. New dates are not guaranteed, and a rescheduling fee of at least 10% of the original order amount may be charged if the new date is within 2 weeks.

7. **Refunds**  
   - Approved refunds will be credited to the original payment method, minus tips and any processing fees incurred.

 

LATE PAYMENTS

- Late payments are not accepted.

-In the rare event that RS decides to reinstate an unpaid invoice, we reserve the right to apply a rush fee of 15%.

 

DELIVERY

1. **Post-Delivery Responsibility**  
   -RS is not responsible for any damage to cakes, cookies, cupcakes, or any other items after delivery. Please ensure that the items are placed in an appropriate environment and secured properly. Cakes should be kept at a room temperature of 75 degrees Fahrenheit or below for at least 60 minutes before serving, and should not be left out for more than 4 hours in total. Any leftovers should be stored in an airtight container and refrigerated for up to 7 days. RS is not liable for damage resulting from improper storage, mishandling, or accidental breakage after delivery.

2. **Missed Delivery**  
   - If the client or their representative fails to show at the agreed delivery time and location, a re-delivery fee of $50 will apply. No refunds or store credits will be issued for missed appointments.

3. **Late Pickup**  
   - If the client or their representative does not appear within a 10-minute window after the scheduled delivery time, RS reserves the right to leave. All monies will be forfeited, and the cake may not be re-delivered.

4. **Acceptance of Goods**  
   - Your signature upon delivery indicates acceptance of the goods as-is. Any issues with design or flavors must be reported to RS immediately.

 

GUARANTEE

- RS is committed to providing the best product and service possible but is not responsible for any issues occurring after delivery.

 

REQUEST FOR CHANGES

1. **Change Requests**  
   - Requests for changes within 72 hours of the delivery date will incur an additional fee of 35% of the total order amount. This fee must be paid immediately upon receipt of the amended invoice; otherwise, changes will not be guaranteed, and the original order will remain in effect.

2. **Creative Adjustments**  
   - If changes are possible, RS reserves the right to alter the design to reflect the requested changes as closely as possible within the new timeframe.

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ALLERGIES

1. **Allergen Information**  
   - RS products may contain or come into contact with milk, wheat, nuts, soy, and other allergens. Please inform your guests of this risk.

2. **Allergic Reactions**  
   - RS is not responsible for any allergic reactions experienced by guests.

 

REFUNDS

1. **Issue Reporting**  
   - Any issues with your order must be reported immediately upon delivery by phone at 702-527-8801 or email at info@rock-sugar.com. A sample of the product must be provided within 24 hours for a refund to be considered.

2. **Sample Requirement**  
   - No refund will be issued if a sample is not provided within 24 hours.

3. **Appearance Complaints**  
   - For complaints regarding the physical appearance of the product, a sample is not required, but photos must be provided. A partial refund may be issued at RS's discretion.

4. **Fault and Refunds**  
   - If RS is found at fault and a sample is provided, a partial refund may be issued.

5. **No-Fault and Credits**  
   - If RS is not at fault, a credit toward a future order may be issued at RS's discretion.

6. **No Grounds for Complaint**  
   - No refund or credit will be issued if RS determines there are no grounds for the complaint.

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COLOR MATCHING

1. **Swatch Requirement**  
   - For specific color schemes, a physical or digital swatch must be provided.

2. **Digital Swatch Variance**  
   - Digital swatches may vary in color due to screen backlighting.

3. **No Swatch Provided**  
   - RS is not responsible for color discrepancies if no swatch is provided.

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FORCE MAJEURE CLAUSE

(a) an act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder;

(b) ionizing radiations, or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;

(c) pressure waves from devices traveling at supersonic speeds or damage caused by any aircraft or similar device;

(d) a strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), in each case affecting on a general basis the industry related to the affected Services and which is not attributable to any unreasonable action or inaction on the part of the Company or any of its Subcontractors or suppliers and the settlement of which is beyond the reasonable control of all such persons;

(d) specific incidents of exceptional adverse weather conditions in excess of those required to be designed for in this Agreement which are materially worse than those encountered in the relevant places at the relevant time of year during the twenty (20) years prior to the Effective Date;

(e) tempest, earthquake or any other natural disaster of overwhelming proportions; pollution of water sources resulting from any plane crashing into [ ];

(f) discontinuation of electricity supply, not covered by the agreement concluded with the [utility company]; or

(g) other unforeseeable circumstances beyond the control of the Parties (including, but not limited to, pandemics including COVID-19 and any varients associated with) against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts,

which in each case directly causes either party to be unable to comply with all or a material part of its obligations under this Agreement;

(1) Neither Party shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other (otherwise than under any express indemnity in this Agreement) if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure Event except to the extent that the relevant breach of its obligations would have occurred, or the relevant losses or damages would have arisen, even if the Force Majeure Event had not occurred (in which case this Clause 20 shall not apply to that extent).

(2) As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Force Majeure Event, any Party invoking it shall submit to the other Party reasonable proof of the nature of the Force Majeure Event and of its effect upon the performance of the Party's obligations under this Agreement.

(3) The Company shall, and shall procure that its Subcontractors shall, at all times take all reasonable steps within their respective powers and consistent with Good Operating Practices (but without incurring unreasonable additional costs) to:

(a) prevent Force Majeure Events affecting the performance of the Company's obligations under this Agreement;

(b) mitigate the effect of any Force Majeure Event; and

(c) comply with its obligations under this Agreement.

The Parties shall consult together in relation to the above matters following the occurrence of a Force Majeure Event.

(4) Should paragraph (1) apply as a result of a single Force Majeure Event for a continuous period of more than [180] days then the parties shall endeavor to agree any modifications to this Agreement (including without limitation, determination of new tariffs (if appropriate) in accordance with the provisions of Clause 7(4)(e)) which may be equitable having regard to the nature of the Force Majeure Event and which is consistent with the Statutory Requirements.