The law prohibits third parties such as Grubhub, DoorDash, and Uber Eats from registering, promoting, promoting, selling, or arranging for delivery of a restaurant on a third-party platform without the restaurant`s valid written consent. 18. `fungible goods` means goods the unit of which is equivalent to another similar unit by reason of its nature or commercial practice; or (B) goods treated as such by agreement. (24) `currency` means a medium of exchange currently approved or accepted by a national or foreign government. The term includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more countries. (2) `injured party` means a party entitled to bring an action. (10) `visible` means a term written, displayed or presented in such a way that a reasonable person against whom it is to operate should have noticed it. Whether a term is „visible” or not is a court decision. Important terms are: (A) a title in capital letters equal to or greater than the surrounding text, or in font, font or color contrasting with the surrounding text of the same or smaller size; and (B) display speech in the body of a recording or in a font larger than the surrounding text or in a font, font or color that contrasts with the surrounding text of the same size or delimited from the surrounding text of the same size by symbols or other markers that draw attention to the language. (32) `remedy` means any remedy to which an injured party is entitled, with or without recourse before a court. (12) „Contract”, as opposed to „Contract”, means the entire legal obligation arising from the agreement of the parties in accordance with the Unified Commercial Code in addition to other applicable laws. (14) `defendant` means a person in the position of the defendant in connection with a counterclaim, counterclaim or third party action.
The new law also allows restaurants to make a written request to third-party food delivery services to remove them from their website or enforcement, and compliance must be made within five business days of that request. (26) „party” as opposed to „third party” means a person who has participated in a transaction or who has entered into an agreement subject to the Single Commercial Code. 1. Definitions. „Buyer” means the company to which Seller provides products or services under the Agreement. „Contract” means either the contractual agreement signed by both parties or the order signed by the Buyer and accepted in writing by the Seller for the sale of products or services, as well as these General Terms and Conditions, the Seller`s final offer, the agreed scope of the work and the Seller`s order confirmation. In case of opposition, the general conditions prevail over the other documents contained in the contract. „Contract Price” means the agreed price specified in the Contract for the sale of products and services, including adjustments (if any) in accordance with the Contract. „Products” means the equipment, parts, materials, deliveries and other goods to which Seller has agreed to supply Buyer under the Contract. „Seller” means the company that provides products or services under the Agreement.
„Services” means the services the provision of which to the Buyer has been accepted under the Contract. „Terms and Conditions” means these „General Terms and Conditions of Sale of Products or Services” and any modification or additional provision expressly set forth in Seller`s final offer or to which Seller has expressly consented in writing. 2. Delivery and shipping conditions. (a) For shipments that do not involve export, seller must deliver the Products to Buyer F.O.B`s point of shipment. In the case of export shipments, the Seller will deliver the Products to the Buyer`s facility or warehouse EXW of the Seller (Incoterms 2010). Buyer shall bear all costs and charges of shipping or standard shipping costs of seller plus processing. Partial deliveries are allowed.
The seller can deliver the products before the delivery schedule. Delivery times are approximate and depend on the immediate receipt by the Seller of all the information necessary to carry out the work without interruption. If the delivered products do not correspond in quantity, type or price to those indicated in the invoice or shipping documentation, the Buyer must inform the Seller within ten (10) days of receipt. (b) For Shipments that do not include export, ownership of the Products will pass to the Buyer upon delivery in accordance with Article 2(a). For export shipments from Seller`s facility or warehouse outside the United States, ownership will pass to Buyer upon delivery pursuant to Section 2(a). For shipments from the United States to another country, ownership passes to the buyer as soon as each item leaves U.S. territory, seas, and above airspace. The 1982 United Nations Convention on the Law of the Sea applies to the definition of the territorial seas of the United States. For all other shipments, ownership of the Products will be transferred to the Buyer, depending on (i) the port of export immediately after the release of the Products for export or (ii) immediately after the departure of each Item from the territorial country, seas and airspace above that of the sending country.
If the Buyer arranges the export shipment, the Buyer will provide the Seller with proof of export acceptable to the competent tax and customs authorities. (c) The risk of loss passes to the Buyer upon delivery in accordance with Article 2(a), except that, in the case of export shipments from the United States, the risk of loss passes to the Buyer upon transfer of ownership. (d) If the Products to be delivered under this Agreement cannot be shipped to the Buyer for a reason for which the Buyer is responsible or received by the Buyer when they are ready, the Seller may ship the Products to a warehouse, including storage at the place of manufacture or repair, or to an agreed carrier. If the Seller stores Products, the following provisions apply: (i) ownership and risk of loss shall immediately pass to the Buyer if they have not already passed, and delivery shall be deemed to have been made; (ii) any amount otherwise payable to Seller upon delivery or shipment is due; (iii) a fee of two percent (2%) of the value of the Products will be charged to the Buyer; and (iv) if circumstances permit and after payment of all amounts due, Seller will provide Buyer with repaired products and equipment for delivery….