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Wholesale & Bulk Terms

Last Updated: July 1, 2026

Contents

 

Section 1

Who We Serve

 

Food In Bulk, operated by Lexunder, Inc., is a wholesale and bulk food supplier serving business customers across the United States. We supply high-quality bulk food products including grains, legumes, nuts, seeds, dried fruits, flours, and superfoods to a wide range of buyers.

  • Food Manufacturers — Processors and producers who use bulk ingredients in finished goods.
  • Retailers & Distributors — Grocery stores, health food retailers, co-ops, and wholesale distributors.
  • Restaurants & Food Service — Commercial kitchens, catering companies, and institutional food service.
  • Online Sellers — E-commerce resellers on Amazon, Walmart, and other platforms.

 

These terms govern all wholesale and bulk purchases made through foodinbulk.com or directly with our sales team. By placing a wholesale order, you agree to these terms in full.

 

Section 2

Wholesale Accounts

 

To purchase at wholesale prices, you must create a business account on foodinbulk.com or contact our sales team directly. By registering as a wholesale buyer, you represent that:

  • You are purchasing for business purposes, not personal or household use.
  • You are authorized to enter into a purchase agreement on behalf of your business.
  • All information provided during registration is accurate and complete.
  • You will notify us promptly of any changes to your business information.

 

Food In Bulk reserves the right to approve, decline, or terminate any wholesale account at its sole discretion. We may require proof of business registration, resale certificate, or other documentation before approving a wholesale account.

 

Section 3

Ordering & Minimum Order Quantities

 

Minimum Order Quantities (MOQ)

Minimum order quantities vary by product and are displayed on each product listing. MOQs reflect the minimum quantity required to receive wholesale pricing and are set to ensure cost-effective fulfillment for both parties.

Orders below the stated MOQ for a product may not be processed at wholesale pricing or may be subject to a small-order surcharge.

Purchase Orders

We accept purchase orders (POs) from established business accounts. POs must include:

  • Business name and billing address
  • Shipping address and contact name
  • Product name, SKU, and quantity
  • Requested delivery window (if applicable)
  • PO number for your records

 

All POs are subject to acceptance by Food In Bulk. We will confirm acceptance in writing. A confirmed PO constitutes a binding order.

Order Changes & Cancellations

Changes or cancellations to confirmed orders must be requested in writing as soon as possible. Once an order has been picked, packed, or handed to a carrier, cancellation may not be possible and the Buyer may be responsible for the full order value and any associated freight costs.

 

Section 4

Pricing & Quotes

 

Wholesale prices are displayed on foodinbulk.com for registered accounts. Prices are subject to change without notice and may vary based on quantity, product availability, and market conditions.

Custom Quotes

For large-volume orders, custom pack sizes, or products not listed on the website, contact our sales team for a custom quote. Quoted prices are valid for the period stated in the quote and are subject to product availability at the time of order.

Price Adjustments

Prices confirmed at the time of order acceptance will not be changed after a PO is accepted, except in the case of a documented pricing error. In that event, we will notify you and provide the option to confirm the order at the correct price or cancel without penalty.

Food In Bulk does not offer a Price Match Guarantee on wholesale orders. Pricing reflects bulk volume discounts and commodity market conditions at the time of purchase.

 

Section 5

Payment Terms

 

Standard Terms

Payment is due in full at the time of order unless a credit account has been established. We accept payment by credit card, ACH bank transfer, and wire transfer.

Credit Accounts

Net payment terms (e.g., Net 15, Net 30) may be available to established business accounts with a satisfactory payment history. Credit terms must be applied for and approved in advance. Food In Bulk reserves the right to revoke credit terms at any time.

Late Payment

Invoices not paid by the due date may be subject to a late payment fee of 1.5% per month (18% per annum) on the outstanding balance, or the maximum rate permitted by law, whichever is lower. Food In Bulk reserves the right to suspend future orders for accounts with outstanding overdue balances.

Taxes

Prices do not include applicable sales tax. Buyers with a valid resale certificate or tax-exempt status must provide documentation prior to invoicing. If no exemption certificate is on file, applicable sales tax will be charged where required by law.

 

Section 6

Shipping, Title & Risk of Loss

 

Unless otherwise agreed in writing, all shipments are made FOB Origin (our warehouse). Title to the products and risk of loss pass to the Buyer when the products are handed to the carrier.

Where Food In Bulk arranges freight on the Buyer’s behalf, freight charges will be added to the invoice. The Buyer may also arrange its own freight with prior notice to us.

The Buyer is responsible for filing freight claims for loss or damage occurring in transit. We will reasonably assist by providing shipping documentation upon request.

Delivery dates are estimates only and are not guaranteed. Food In Bulk is not liable for delays caused by carriers or other events outside our control.

The Buyer is responsible for providing accurate delivery information and for ensuring that the delivery location can receive the shipment, including any required equipment such as a loading dock or liftgate.

 

Section 7

Inspection & Claims

 

The Buyer must inspect all products promptly upon receipt.

Visible damage or shortage must be noted on the delivery receipt or Bill of Lading at the time of delivery.

All claims for shortage, damage, or nonconformity must be submitted in writing to [email protected] within seven (7) business days of receipt, including the order number, lot number, photographs, and a description of the issue.

Products not rejected in writing within this period are deemed accepted, and the Buyer waives any claim for shortage, damage, or nonconformity that was discoverable upon reasonable inspection.

Products subject to a claim must be held in their original packaging, stored under proper conditions, and must not be processed, repackaged, or discarded until Food In Bulk has completed its review.

 

Section 8

Returns

 

For food safety reasons, wholesale and bulk food products are not returnable, except for a documented nonconformity confirmed by Food In Bulk under the Inspection & Claims section above.

Approved returns require a written return authorization from Food In Bulk. Unauthorized returns will be refused.

For confirmed nonconforming products, Food In Bulk will, at its option, replace the product, issue a credit, or refund the purchase price of the affected product. This is the Buyer’s sole and exclusive remedy for nonconforming products.

 

Section 9

Samples

 

We strongly encourage all new and existing customers to request product samples before placing large or bulk orders. This is one of the most important steps you can take to ensure product suitability for your application.

Samples allow you to verify product quality, grade, flavor profile, texture, and compliance with your specifications before committing to a significant purchase. This is especially critical for food manufacturers, processors, and private-label buyers.

To request samples, contact us at [email protected] with the product name(s), your intended application, and your shipping address. Sample availability, quantity, and any applicable charges will be confirmed by our team.

Placing a bulk order constitutes the Buyer’s acknowledgment that they have had the opportunity to request and evaluate samples and are satisfied with the product specifications.

 

Section 10

Product Specifications & Availability

 

Product specifications — including grade, moisture content, color, size, and origin — are provided in good faith based on the most recent available information. Natural food products may exhibit variation between lots due to growing conditions, harvests, and seasonal factors.

If your application requires specific, certified product specifications (e.g., for food manufacturing or regulatory compliance), you must request a Certificate of Analysis (COA) or specification sheet before placing your order. Contact us at [email protected] to request product documentation.

Availability

Product availability is subject to stock levels and commodity supply. Food In Bulk will notify you as soon as possible if a confirmed order cannot be fulfilled due to stock issues. In such cases, we will offer a suitable alternative, a revised delivery timeline, or a full refund.

 

Section 11

Labeling & Private Label

 

Products purchased from Food In Bulk for resale must be labeled in compliance with all applicable federal and state regulations, including FDA food labeling requirements (21 CFR Part 101) and any state-specific requirements.

The Buyer is solely responsible for ensuring that any labels applied to products purchased from Food In Bulk — including private label, repackaged, or reformulated products — are accurate, compliant, and do not misrepresent the product’s contents, origin, or certifications.

Private Label

Food In Bulk does not provide private label packaging or design services. Buyers who repackage or relabel products take on full responsibility for label compliance, allergen declarations, nutritional information accuracy, and any regulatory claims made on the label.

Certification Claims: Buyers must not make organic, kosher, gluten-free, Non-GMO, or other certification claims on their labels unless the specific product lot purchased is certified under that program and the Buyer holds the appropriate license or authorization from the certifying body to use that certification seal.

 

Section 12

California Proposition 65

 

Certain natural food products may contain chemicals, including naturally occurring heavy metals, that are known to the State of California to cause cancer, birth defects, or other reproductive harm within the meaning of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).

Buyers who sell, distribute, or offer products in California are solely responsible for determining whether a Proposition 65 warning is required for their sales and for providing any required warning to their customers.

Where Food In Bulk provides a Proposition 65 warning on product packaging or transmits a warning notice to the Buyer in accordance with 27 CCR § 25600.2, the Buyer, as the downstream seller, is responsible for transmitting or displaying the warning to consumers as required by law.

Buyers must not remove, obscure, or alter any Proposition 65 warning applied by Food In Bulk to product packaging.

 

Section 13

Resale & Authorized Use

 

Products purchased from Food In Bulk may be resold by authorized wholesale buyers subject to the following conditions:

  • Products must be resold in compliance with all applicable federal, state, and local laws and regulations.
  • Buyers may not represent products as originating from Food In Bulk or Lexunder, Inc. without prior written authorization.
  • Buyers may not use the Food In Bulk® or Food To Live® name, logo, or trademarks in connection with resale without our express written consent.
  • Products must not be sold in a condition or context that could mislead end consumers about the nature, quality, or safety of the product.
  • Buyers who resell products are responsible for ensuring that end consumers receive appropriate product safety information, including allergen warnings and handling instructions.

 

Food In Bulk reserves the right to terminate the wholesale relationship with any buyer found to be misusing our products or brand.

 

Section 14

Food Safety Responsibility

 

Food In Bulk supplies raw and minimally processed food products. The Buyer acknowledges and accepts the following:

FSMA Notice: In accordance with the Food Safety Modernization Act (FSMA) and the Preventive Controls for Human Food rule (21 CFR 117.136), raw products from agricultural sources may contain microorganisms of public health significance and have not been processed to control identified hazards. Such products must be subjected to validated preventive controls to eliminate identified hazards before being introduced for human consumption.

The Buyer is responsible for implementing appropriate preventive controls when processing, repackaging, or using our products in food manufacturing.

The Buyer must comply with all applicable FSMA requirements, including maintaining a Food Safety Plan where required.

Upon request, the Buyer will provide Food In Bulk with a written assurance that the Buyer has established and is following procedures to control the identified hazards, as contemplated by 21 CFR 117.136.

The Buyer is responsible for proper storage, handling, and transportation of products after receipt.

Food In Bulk disclaims all liability for illness, injury, or damage resulting from improper handling, storage, processing, or consumption of products after delivery.

For full food safety information, see our Food Safety Disclaimer.

 

Section 15

Warranties & Limitation of Liability

 

Food In Bulk warrants that, at the time of shipment, products will conform to the Certificate of Analysis or specification sheet provided for the specific lot purchased, if any.

Disclaimer of Warranties: EXCEPT AS EXPRESSLY STATED ABOVE, ALL PRODUCTS ARE PROVIDED WITHOUT ANY OTHER WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FOOD IN BULK AND LEXUNDER, INC. DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FOOD IN BULK AND LEXUNDER, INC. ARISING OUT OF OR RELATED TO ANY ORDER, PRODUCT, OR THESE TERMS SHALL NOT EXCEED THE PURCHASE PRICE PAID BY THE BUYER FOR THE PRODUCT GIVING RISE TO THE CLAIM.

Exclusion of Consequential Damages: IN NO EVENT SHALL FOOD IN BULK OR LEXUNDER, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, RECALL COSTS, OR DAMAGE TO BRAND OR REPUTATION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations apply to the fullest extent permitted by applicable law and do not limit any liability that cannot be limited by law.

 

Section 16

Indemnification

 

The Buyer agrees to indemnify, defend, and hold harmless Lexunder, Inc., Food In Bulk, and their officers, directors, employees, and agents from and against any third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • The Buyer’s labeling, relabeling, repackaging, processing, or incorporation of products into other goods, including private-label products.
  • Any certification, health, or marketing claims made by the Buyer.
  • The Buyer’s resale or distribution of products, including failure to provide required consumer warnings (such as allergen or Proposition 65 warnings).
  • The Buyer’s failure to implement required preventive controls or to properly store, handle, or transport products after receipt.
  • The Buyer’s breach of these terms or violation of applicable law.

 

Section 17

Confidentiality

 

Wholesale pricing, product specifications, supplier information, and any other non-public information shared by Food In Bulk in connection with a wholesale relationship is confidential. The Buyer agrees not to disclose such information to third parties without prior written consent from Food In Bulk.

This obligation does not apply to information that is or becomes publicly available through no fault of the Buyer, or that is required to be disclosed by law or regulation.

 

Section 18

Force Majeure

 

Food In Bulk shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, severe weather, crop failure or shortage, supplier failure, transportation or port disruption, labor disputes, government action, tariffs or import restrictions, war, epidemics, or utility failures.

If a force majeure event prevents fulfillment of a confirmed order for more than thirty (30) days, either party may cancel the affected order without penalty, and Food In Bulk will refund any amounts paid for the unfulfilled portion.

 

Section 19

Governing Law

 

These Wholesale & Bulk Terms are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising out of or relating to these terms shall be resolved exclusively in the federal or state courts located in Kings County, New York.

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

 

Section 20

Contact Us

 

For wholesale inquiries, account setup, custom quotes, or questions about these terms:

Food In Bulk — Wholesale Sales
Email: [email protected]
Phone: (718) 717-1029
Address: Lexunder, Inc., 2769 W 15th St, Brooklyn, NY 11224