Terms and Conditions of Sale
Terms and Conditions of Sale
Effective Date: September 22, 2026
These Terms and Conditions of Sale ("Terms") govern all sales of products by Dairy Connection, Inc. ("Dairy Connection," "Seller," "we," "our," or "us") to the purchaser ("Buyer," "you," or "your"). By submitting an order, Buyer agrees to these Terms.
- Applicability
These Terms apply to all sales made by Dairy Connection and supersede any conflicting or additional terms submitted by Buyer unless expressly accepted in writing by Dairy Connection.
Dairy Connection reserves the right to modify these Terms upon thirty (30) days' notice by posting updated Terms on its website. The version in effect at the time an order is accepted shall govern that transaction.
- Orders
Buyer's purchase order must include the product description, quantities, pricing, requested delivery dates, shipping information, and any other applicable order requirements.
Orders become binding only upon issuance of a written Order Confirmation by Dairy Connection.
For special-order products, Dairy Connection may require either:
- A written Purchase Order; or
- A non-refundable deposit equal to fifty percent (50%) of the order value.
Dairy Connection reserves the right to reject any order at its discretion.
Unless otherwise specified, there is no minimum order quantity or order value.
- Prices and Payment
All prices are quoted in U.S. dollars and exclude applicable taxes, shipping charges, duties, fees, and other governmental assessments unless otherwise stated.
Dairy Connection, Inc. accepts payment by check, money order, COD, Visa, Mastercard, American Express, and Discover. Returned checks will be subject to a $25 returned check fee.
Invoices will be issued at or after shipment.
Unless otherwise stated on the invoice or Order Confirmation, payment is due within thirty (30) days of the invoice date.
Customers interested in establishing credit terms may request a credit application. Credit approval is subject to Dairy Connection's review and discretion.
Dairy Connection reserves the right to modify payment terms, suspend credit privileges, require prepayment, or require additional assurances of payment at any time.
Customer accounts must remain current and in good standing before additional shipments will be released.
Returned checks will be subject to a returned check fee.
Any unpaid amount past due may accrue interest at a rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is less.
Buyer agrees to reimburse Dairy Connection for all costs associated with collection of overdue accounts, including reasonable attorney fees, court costs, collection agency fees, and other related expenses.
Dairy Connection may suspend or cancel existing or future orders if payment obligations are not met.
- Volume Discounts
Dairy Connection, Inc. offers volume-based pricing discounts. Discounts extended to customers with credit terms apply only when invoices are paid according to agreed payment terms.
Unless otherwise agreed in writing, eligible discounts are based on order value before taxes and shipping charges:
- Orders over $300: 5% discount
- Orders over $1,000: 10% discount
- Orders over $1,750: 15% discount
- Orders over $2,500: 20% discount
Dairy Connection reserves the right to modify or discontinue discount programs at any time.
- Distributor Program
Customers purchasing products for resale may qualify for distributor pricing, discounts, or other incentives. Participation is subject to Dairy Connection's approval and separate program requirements.
- Taxes
Buyer is responsible for payment of all applicable federal, state, and local taxes arising from the sale of products.
Customers claiming exemption from sales tax must provide a valid exemption certificate prior to order fulfillment. Dairy Connection may delay shipment until appropriate exemption documentation is received.
- Delivery and Shipping
All shipments are FOB Shipping Point. Freight charges will be prepaid by Dairy Connection and added to the Buyer's invoice unless otherwise agreed in writing.
Dairy Connection will make commercially reasonable efforts to meet requested delivery dates but does not guarantee delivery schedules and is not liable for delays caused by carriers, weather conditions, product availability, or other circumstances beyond its reasonable control.
Because many products are temperature-sensitive, Dairy Connection reserves the right to select, upgrade, delay, or modify shipping methods as necessary to protect product quality. Perishable products are generally shipped Monday through Wednesday to minimize transit risks.
Buyer is responsible for providing accurate shipping information and ensuring someone is available to receive the shipment. Any additional costs resulting from incorrect addresses, rerouting, storage, reshipment, or failed delivery attempts are the responsibility of Buyer.
Dairy Connection may make partial or installment shipments unless otherwise agreed.
Buyer is responsible for providing complete and accurate shipping information. Any additional shipping, rerouting, storage, replacement, recovery, or handling charges resulting from inaccurate shipping information shall be the responsibility of Buyer.
Deliveries require a valid address where someone is available to receive the shipment. Dairy Connection is not responsible for damage, loss, or quality deterioration resulting from packages left unattended, refused, abandoned, delayed by recipient unavailability, or otherwise unclaimed.
- Acceptance of Goods
Buyer shall inspect all products immediately upon receipt.
Any claim for shortages, nonconforming goods, or shipping discrepancies must be submitted in writing within five (5) days of delivery. Failure to provide notice within this period constitutes acceptance of the goods.
- Damaged Shipments
Any shipment arriving with visible or suspected damage must be reported to Dairy Connection within twenty-four (24) hours of delivery.
Claims should include photographs of:
- Damaged products;
- Interior packaging;
- Exterior packaging; and
- Shipping labels.
Buyer must retain all packaging materials and shipping documentation necessary to support carrier claims.
When Buyer elects to use its own shipping account or carrier arrangements, Dairy Connection is not responsible for replacement of damaged products or reimbursement of freight costs. Buyer shall pursue any claims directly with the carrier.
- Returns and Refunds
Due to the nature of perishable ingredients, cultures, enzymes, and related products, returns are generally not accepted, and all sales are considered final.
Requests for returns, credits, replacements, or refunds will be reviewed on a case-by-case basis and may be approved by Dairy Connection at its sole discretion. Any approved return must receive prior written authorization from Dairy Connection and may be subject to additional conditions.
Claims related to shipping damage, product quality concerns, shortages, or order errors must be submitted in accordance with these Terms and Conditions.
- Warranty and Product Quality
Dairy Connection warrants that products meet the applicable specifications at the time they leave our facility. Buyer is responsible for determining the suitability of products for their intended use. Except as expressly stated in these Terms, Dairy Connection makes no additional warranties regarding product performance in Buyer's specific manufacturing processes, formulations, or applications.
- Product Handling and Buyer Responsibilities
Dairy Connection warrants product quality only through shipment from its facility.
Buyer is solely responsible for:
- Inspection upon receipt;
- Proper storage;
- Product handling;
- Processing;
- Testing;
- Regulatory compliance; and
- Final application of products.
Dairy Connection shall not be responsible for product performance, contamination, spoilage, quality deterioration, or other issues resulting from improper handling, storage, transportation, sanitation practices, manufacturing processes, or use by Buyer or third parties.
Buyer is solely responsible for determining the suitability of products for its intended use and for compliance with all applicable food safety, regulatory, labeling, manufacturing, and product specifications.
- Manufacturer Packaging and Partial Use Disclaimer
Certain cultures, enzymes, molds, and ingredients are supplied in original manufacturer packaging intended for complete use of the contents.
Dairy Connection recommends following manufacturer handling instructions and using sanitary dispensing practices.
Dairy Connection assumes no responsibility for contamination, spoilage, performance issues, or quality concerns arising from:
- Repackaging;
- Improper dispensing methods;
- Storage after opening;
- Partial use of manufacturer-packaged products; or
- Failure to follow recommended handling procedures.
When less than the full contents of a package are used, all responsibility for storage, product integrity, and performance rests with Buyer.
- Intellectual Property and Prohibited Analysis
All intellectual property rights relating to Dairy Connection's products, documentation, specifications, formulations, trademarks, and proprietary information remain the exclusive property of their respective owners.
Buyer shall not analyze, reverse engineer, deconstruct, duplicate, replicate, benchmark, or attempt to reproduce any product without prior written consent.
- Limitation of Liability
To the fullest extent permitted by law, Dairy Connection shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:
- Lost profits;
- Lost production;
- Product recalls;
- Business interruption;
- Loss of goodwill; or
- Reputational harm.
Dairy Connection's total cumulative liability for any claim arising from the sale or use of products shall not exceed the purchase price paid for the specific products giving rise to the claim.
Dairy Connection shall not be responsible for claims arising from Buyer's testing, modifications, formulation changes, manufacturing processes, storage practices, regulatory compliance, or combination of products with other ingredients or materials.
- International Sales
Unless otherwise agreed in writing, Dairy Connection sells and ships products only within the United States.
- Privacy
Information provided by Buyer will be used solely for purposes related to the business relationship between Buyer and Dairy Connection.
Dairy Connection does not sell customer information to third parties. Information may be shared with suppliers, manufacturers, service providers, and other business partners as reasonably necessary to support our products, services, and business operations.
Payment information may be retained as permitted by applicable law and payment-processing requirements to facilitate future transactions.
- Force Majeure
Neither party shall be liable for delays or failures in performance caused by circumstances beyond its reasonable control, including but not limited to:
- Natural disasters;
- Floods;
- Fires;
- Pandemics;
- Government actions;
- Transportation disruptions;
- Labor disputes;
- Utility failures;
- Supplier shortages; or
- Severe weather events.
Obligations affected by the force majeure event shall be suspended for the duration of the event.
If the force majeure condition continues for more than thirty (30) consecutive days, either party may terminate the affected order upon thirty (30) days' written notice.
- Miscellaneous
Failure by Dairy Connection to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that provision or any other provision.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Buyer may not assign its rights or obligations under these Terms without Dairy Connection's prior written consent.
- Governing Law and Venue
These Terms and all transactions between the parties shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of law principles.
Any action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Wisconsin, and both parties consent to the jurisdiction of such courts.
- Entire Agreement
These Terms, together with any applicable quotation, order confirmation, invoice, credit agreement, or other written agreement executed by Dairy Connection, constitute the entire agreement between the parties regarding the sale of products and supersede all prior discussions, negotiations, understandings, representations, and agreements, whether oral or written.
Dairy Connection, Inc.
2312 Vondron Road
Madison, WI 53718 USA
608-242-9030
https://dairyconnection.com