NOAHSCATERING.COM
TERMS AND CONDITIONS
All orders placed through www.noahscatering.com (the "Site") are subject to the following terms and
conditions unless you have a separate written agreement with Noah's ® that supersedes these terms
and conditions. Each time you place an order, you are agreeing to the terms and conditions set forth
below. We reserve the right to amend or revise this Site and the terms and conditions herein without
notice.
Orders
Menu items and prices may vary and are subject to change without notice. Prices listed do not
include tax. Orders placed on this Site must be made 2-3 hours prior to the pick-up or delivery of the
order. 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, you
will receive an email notification that Noah's ® has received your order and a second follow up
email that your order has been confirmed. As part of the catering credit card process and to
accommodate potential changes to orders or pricing, Noah's ® pre-authorizes the credit card for an
amount equal to the order plus 1%. Your credit card will only be charged the actual amount of the
final order. By submitting an order, you consent to these provisions.
Delivery Zones
Noah's ® stores have an identified delivery zone around the applicable store of 14 mile radius. If you
place an order and are outside of this delivery zone, Noah's ® reserves the right to require this order
to be picked up at the applicable store. Noah's ® reserves the right to change applicable delivery
zones without notice.
Payments
Payments for orders from this Site must be made by valid credit card unless you or your business
entity has a house account with Noah's ® Please contact 1-800-224-3563, option 2, if you would like
to learn more about our house account program. Orders for house accounts will be billed pursuant to
your 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 on
a minimum order and delivery charges may vary by location. You agree to reimburse Noah's ® for
all costs (including reasonable attorney and collection fees) associated with collecting delinquent or
dishonored payments.
Cancellation Policy
Noah's ® understands that plans can change and we will gladly assist you in making changes to your
catering order's pick-up/delivery date and time. We accept cancellations prior to 4:00 PM in the time
zone that the order is scheduled for the day before a weekday pick-up or delivery and 4:00 PM in the
time 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 if
you cancel an order within 12 hours of the pick-up/delivery time of the order and 100% for orders
canceled less than 12 hours from time of pick-up/delivery. For orders of $300 or more, a 24 hour
notice 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 order
amount.
Disclaimers and Limitation of Liabilities and Warranties
If you have questions about the ingredients in our products, please go to www.noahs.com, call
customer service at 1-800-224-3563 option 3 or option 2 for a catering specialist, or contact your
nearby Noah's ® store for a list of ingredients included in our menu items. Our vegetarian items may
contain dairy or eggs. Catering items are meant for immediate consumption. Refrigerate all items
within one hour of delivery. To reheat cooked items, heat to an internal temperature of 165°F. Lox is
available as a menu item. Cold smoke salmon is not cooked and consumption of raw or undercooked
seafood may increase the risk of food borne illness.
NOAH'S. ®, AND/OR IT'S PARENT COMPANY, SHALL NOT BE LIABLE FOR ANY
SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
INCLUDING WITHOUT LIMITATION, DAMAGES WHICH MAY RESULT FROM
ORDERING A PRODUCT. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOAH'S ® MAKES NO
WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE WITH RESPECT TO ANY PRODUCTS.
Representations
By submitting your order through the Site you represent to Noah's ® that (1) you are at least 18 years
of age, (2) if you are an employee of a business entity, you are authorized to place and pay for the
order, (3) unless you have a prior written agreement with Noah's ®, the order you are placing is for
your use and not for resale to third parties, and (4) if you are using a credit card or, if applicable, your
house account to pay for your order, you are authorizing Noah's ® to charge such credit card or
house account.
Trademarks
You 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 written
permission.
Applicable Laws and Jurisdictional Issues
This Site and the terms and conditions shall be governed by the laws of the State of Colorado without
giving effect to any conflicts of laws or choice of laws principles. You consent to the jurisdiction of
the federal and state courts presiding in the State of Colorado and you agree to accept service of
process by mail. You hereby waive any and all jurisdictional and venue defenses that might
otherwise be available.
Headings
The headings of each of these terms and conditions are for convenience of reference only. Such
headings shall be ignored in the interpretation or construction of any of these terms and conditions.
Tax Exempt Entities
If you are ordering on behalf of a tax exempt entity, Einstein Noah Restaurant Group will need a
copy of the exemption certificate to keep on file. Please call 1-800-224-3563 to receive information
on where to fax this certificate.
No Assignment
You may not assign your rights or obligations under this Agreement without the prior written consent
of Noah's ®
Invalidity of Provisions
In the event that any portion of these terms and conditions is held to be unenforceable, the
unenforceable portion shall be construed in accordance with applicable law as nearly as possible to
reflect the original intention and the remainder of the provisions shall remain in full force and effect.
No Waiver
Noah's ® failure to insist upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right.
Complete Understanding
These terms and conditions and if applicable and house account application constitute the entire
understanding 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 TERMS
AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF
YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR
ANY PURPOSE THAT IS UNLAWFUL.
For more information about Noah's ® Catering or if you have any questions about our terms and
conditions, please contact us: 1-800-224-3563, option 2.
We'll be happy to answer your questions or hear your concerns.
