Liquor Store Terms and Conditions

 This Contract for Services is made effective as of the date of digital signature, by and between you (the "Licensee"), and We Can Deliver, LLC of 44 Stellman Rd, Boston, Massachusetts 02131 (“We Can Deliver").

1. DESCRIPTION OF SERVICES. Beginning on the effective date, We Can Deliver will provide to Licensee the following services (collectively, the "Services"):

Home delivery of beer, wine, and spirits to consumers of legal drinking age on behalf of the Licensee to consumers who have already purchased product from the Licensee.  The Licensee will notify We Can Deliver when an order has been placed. The Licensee will also pick and pack the order prior to We Can Deliver picking up the product for delivery.  The Licensee is responsible for any missing or out of stock items, incorrect pricing, and breakage or spoilage.

2. PAYMENT. Licensee agrees to pay We Can Deliver as follows:

a.    $8.00 per delivery within a preset 2 mile driving radius + $1.00 per delivery for every extra mile added to the radius. This radius is to be predetermined and agreed upon in writing. If the delivery radius changes, both parties have to be notified at least 7 days prior to the change and it must be agreed upon in writing.

b.    If an order has to be re-delivered for any reason, Licensee will pay the fee outlined in section 2a.

Licensee shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if Licensee fails to pay for the Services when due, We Can Deliver has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.

Licensee will be billed by We Can Deliver on a bi monthly basis.  Payment must be received in 7 days from receipt of invoice. If not received 10% additional fee will incur.

3. TERM. This Contract may be terminated by either party upon 30 days' prior written notice to the other party. An email notice by one party will suffice. 

4. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

 a.    The failure to make a required payment when due.

 b.    The insolvency or bankruptcy of either party.

 c.    The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

 d.    The failure to make available or deliver the Services in the time and manner provided for in this Contract.

5. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract. 

6. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. 

7. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

8. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement, whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

9. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

10. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

11. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the Commonwealth of Massachusetts.

12. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

13. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

14. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.

15. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

16. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the effective date.