NOAHSCATERING.COMTERMS AND CONDITIONSAll orders placed through www.noahscatering.com (the "Site") are subject to the following terms andconditions unless you have a separate written agreement with Noah's ® that supersedes these termsand conditions. Each time you place an order, you are agreeing to the terms and conditions set forthbelow. We reserve the right to amend or revise this Site and the terms and conditions herein withoutnotice.
OrdersMenu items and prices may vary and are subject to change without notice. Prices listed do notinclude tax. Orders placed on this Site must be made 2-3 hours prior to the pick-up or delivery of theorder. Noah's ® will attempt to accommodate orders but you must contact the about Noah's ®Catering at 1-800-224-3563, option 2, to place a last minute order. After your order is placed, youwill receive an email notification that Noah's ® has received your order and a second follow upemail that your order has been confirmed. As part of the catering credit card process and toaccommodate potential changes to orders or pricing, Noah's ® pre-authorizes the credit card for anamount equal to the order plus 1%. Your credit card will only be charged the actual amount of thefinal order. By submitting an order, you consent to these provisions.
Delivery ZonesNoah's ® stores have an identified delivery zone around the applicable store of 14 mile radius. If youplace an order and are outside of this delivery zone, Noah's ® reserves the right to require this orderto be picked up at the applicable store. Noah's ® reserves the right to change applicable deliveryzones without notice.
PaymentsPayments for orders from this Site must be made by valid credit card unless you or your businessentity has a house account with Noah's ® Please contact 1-800-224-3563, option 2, if you would liketo learn more about our house account program. Orders for house accounts will be billed pursuant toyour house account application. Online orders are not binding on Noah's ®, and may be amended,adjusted or cancelled at any time in accordance with current pricing. Delivery may be conditioned ona minimum order and delivery charges may vary by location. You agree to reimburse Noah's ® forall costs (including reasonable attorney and collection fees) associated with collecting delinquent ordishonored payments.
Cancellation PolicyNoah's ® understands that plans can change and we will gladly assist you in making changes to yourcatering order's pick-up/delivery date and time. We accept cancellations prior to 4:00 PM in the timezone that the order is scheduled for the day before a weekday pick-up or delivery and 4:00 PM in thetime zone that the order is scheduled for on Friday for a weekend pick-up or delivery. Noah's ®reserves the right to charge your credit card or house account 50% of the price of the order amount ifyou cancel an order within 12 hours of the pick-up/delivery time of the order and 100% for orderscanceled less than 12 hours from time of pick-up/delivery. For orders of $300 or more, a 24 hournotice is required for cancelation. If an order is canceled within 24 hours of pick-up/delivery, Noah's® reserves the right to charge your credit card or house account 100% of the price of the orderamount.
Disclaimers and Limitation of Liabilities and WarrantiesIf you have questions about the ingredients in our products, please go to www.noahs.com, callcustomer service at 1-800-224-3563 option 3 or option 2 for a catering specialist, or contact yournearby Noah's ® store for a list of ingredients included in our menu items. Our vegetarian items maycontain dairy or eggs. Catering items are meant for immediate consumption. Refrigerate all itemswithin one hour of delivery. To reheat cooked items, heat to an internal temperature of 165°F. Lox isavailable as a menu item. Cold smoke salmon is not cooked and consumption of raw or undercookedseafood may increase the risk of food borne illness.
NOAH'S. ®, AND/OR IT'S PARENT COMPANY, SHALL NOT BE LIABLE FOR ANYSPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,INCLUDING WITHOUT LIMITATION, DAMAGES WHICH MAY RESULT FROMORDERING A PRODUCT. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATIONOR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOAH'S ® MAKES NOWARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE WITH RESPECT TO ANY PRODUCTS.
RepresentationsBy submitting your order through the Site you represent to Noah's ® that (1) you are at least 18 yearsof age, (2) if you are an employee of a business entity, you are authorized to place and pay for theorder, (3) unless you have a prior written agreement with Noah's ®, the order you are placing is foryour use and not for resale to third parties, and (4) if you are using a credit card or, if applicable, yourhouse account to pay for your order, you are authorizing Noah's ® to charge such credit card orhouse account.
TrademarksYou agree not to display or otherwise use any of Noah's ®'s trademarks, service marks or logos,including the marks and logos that are displayed on this Site, in any manner without our prior writtenpermission.
Applicable Laws and Jurisdictional IssuesThis Site and the terms and conditions shall be governed by the laws of the State of Colorado withoutgiving effect to any conflicts of laws or choice of laws principles. You consent to the jurisdiction ofthe federal and state courts presiding in the State of Colorado and you agree to accept service ofprocess by mail. You hereby waive any and all jurisdictional and venue defenses that mightotherwise be available.
HeadingsThe headings of each of these terms and conditions are for convenience of reference only. Suchheadings shall be ignored in the interpretation or construction of any of these terms and conditions.
Tax Exempt EntitiesIf you are ordering on behalf of a tax exempt entity, Einstein Noah Restaurant Group will need acopy of the exemption certificate to keep on file. Please call 1-800-224-3563 to receive informationon where to fax this certificate.
No AssignmentYou may not assign your rights or obligations under this Agreement without the prior written consentof Noah's ®
Invalidity of ProvisionsIn the event that any portion of these terms and conditions is held to be unenforceable, theunenforceable portion shall be construed in accordance with applicable law as nearly as possible toreflect the original intention and the remainder of the provisions shall remain in full force and effect.
No WaiverNoah's ® failure to insist upon or enforce strict performance of any provision of these terms andconditions shall not be construed as a waiver of any provision or right.
Complete UnderstandingThese terms and conditions and if applicable and house account application constitute the entireunderstanding between Noah's ® and you with respect to ordering products from the Site.
BY USING THE SITE YOU SIGNIFY YOUR ASSENT AND CONSENT TO THESE TERMSAND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OFYOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FORANY PURPOSE THAT IS UNLAWFUL.
For more information about Noah's ® Catering or if you have any questions about our terms andconditions, please contact us: 1-800-224-3563, option 2.
We'll be happy to answer your questions or hear your concerns.
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