Terms & Conditions
Effective Date: July 16, 2025
These Terms & Conditions govern both the commercial sale of goods and services by Flatiron Food Factory LLC and Gembra Health, as well as the use of the Flatiron Food Factory website. By accepting a quotation, submitting a purchase order, accepting a sales order, paying an invoice, or using this website, you agree to the applicable terms below.
Commercial Sales Terms & Conditions
The following Commercial Sales Terms & Conditions apply to all quotations, sales orders, invoices, purchase orders accepted by Flatiron Food Factory LLC and Gembra Health, and all sales of products and services unless otherwise agreed to in writing.
Precedence of Terms
These Commercial Sales Terms & Conditions govern all sales transactions between Flatiron Food Factory LLC/Gembra Health and the customer. Any additional or conflicting terms contained in a customer's purchase order or other document shall not apply unless expressly accepted in writing by Flatiron Food Factory LLC.
Production Yield Variance
Final invoiced quantities may vary by up to ±10% from the original purchase order due to normal production yield fluctuations. Customer agrees to accept and pay for quantities delivered within this range.
Returns & Claims
All sales are final. Due to the perishable and custom nature of our products, returns are not accepted.
Claims for damage, shortage, or quality concerns must be submitted in writing within five (5) business days of receipt and include supporting documentation. Claims submitted after this period may not be accepted.
Any return approved at the sole discretion of Flatiron Food Factory LLC and Gembra Health may be subject to a 15% restocking fee, plus applicable freight and handling charges.
Payment Terms
Payment terms are as stated on the applicable quotation, sales order, or invoice.
Orders under $2,000 and/or customers without approved credit terms require payment prior to production unless otherwise agreed to in writing.
Order Changes & Cancellations
Orders may not be modified or canceled once raw materials have been procured or production has begun. Any approved changes may be subject to additional costs.
Customer-Supplied Materials
Flatiron Food Factory LLC and Gembra Health are not responsible for normal processing loss, yield variation, or damage inherent to the processing of customer-supplied materials.
Specification Acceptance
Products manufactured in accordance with customer-approved specifications are not eligible for return or rejection based on subjective quality preferences, including but not limited to texture, particle size, density, color variation, or other characteristics that fall within the approved specification.
Freight & Risk of Loss
Unless otherwise agreed to in writing, all shipments are FOB Loveland, Colorado. Risk of loss transfers to the customer upon pickup by the carrier.
Storage
Finished goods not scheduled for pickup or shipment within five (5) business days after completion may be subject to storage charges or, after reasonable notice, may be resold or otherwise disposed of at Flatiron Food Factory LLC's discretion.
Force Majeure
Flatiron Food Factory LLC and Gembra Health shall not be liable for delays or failure to perform caused by events beyond their reasonable control, including but not limited to acts of God, natural disasters, labor shortages, equipment failures, governmental actions, transportation disruptions, or interruptions in the supply of raw materials.
Product Use
Customer is solely responsible for determining the suitability of the products for their intended application, formulation, labeling, marketing claims, and regulatory compliance. Flatiron Food Factory LLC and Gembra Health make no representations regarding a customer's finished product or intended use.
Limited Warranty
Flatiron Food Factory LLC and Gembra Health warrant only that products will conform to mutually agreed-upon specifications at the time of shipment. Except as expressly stated herein, no other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose, are made.
Limitation of Liability
To the fullest extent permitted by law, Flatiron Food Factory LLC and Gembra Health's total liability arising from any sale shall not exceed the purchase price of the affected products. Under no circumstances shall Flatiron Food Factory LLC or Gembra Health be liable for any indirect, incidental, consequential, special, exemplary, punitive, or lost profit damages.
Taxes
Unless otherwise stated, all prices exclude applicable federal, state, local, sales, use, excise, duties, tariffs, and other taxes, which shall be the responsibility of the customer.
Acceptance of Terms
Confirmation of a quotation, submission of a purchase order, acceptance of a sales order, receipt of goods, or payment of an invoice constitutes acceptance of these Commercial Sales Terms & Conditions.
Website Terms of Use
Scope
These Website Terms of Use govern your access to and use of www.flatironfood.com ("Site"), including requesting quotations, accessing information, and interacting with the Site.
Use of Site
You agree to use this Site only for lawful purposes and in a manner that does not interfere with the operation or security of the Site. You may not attempt to gain unauthorized access to any portion of the Site or its systems.
Intellectual Property
All content on this Site, including text, graphics, logos, images, product information, documents, and other materials, is the property of Flatiron Food Factory LLC or its licensors and may not be copied, reproduced, distributed, or used without prior written permission.
Disclaimer
Information provided on this Site is for general informational purposes only and may be changed without notice. While we strive for accuracy, Flatiron Food Factory LLC makes no warranties regarding the completeness, accuracy, or availability of the information provided.
Limitation of Liability
To the fullest extent permitted by law, Flatiron Food Factory LLC shall not be liable for any indirect, incidental, consequential, or special damages arising from the use of this Site.
Governing Law
These Website Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.
Changes to These Terms
Flatiron Food Factory LLC reserves the right to modify these Terms & Conditions at any time without prior notice. Continued use of the Site following any updates constitutes acceptance of the revised Terms.
Contact Information
If you have any questions regarding these Terms & Conditions, please contact:
Flatiron Food Factory LLC
Loveland, Colorado
info@flatironfood.com
