Electronic Payment Authorization and Delivery Charge Terms

By creating an account, placing an order, or accepting delivery from LRK Distribution, LLC ("LRK," "we," "us," or "our"), the licensed retail customer ("Customer," "you," or "your") agrees to the following payment and delivery terms.

1. Electronic Payment Required

Customer agrees that all purchases from LRK will be paid by the single electronic bank-payment method designated by LRK from time to time, currently anticipated to be an ACH debit or similar electronic bank draft method. Customer authorizes LRK and its designated payment processor to debit the bank account or other approved payment account provided by Customer using the designated payment method for all amounts due to LRK, including product charges, delivery fees, restocking fees, taxes, adjustments, and any other amounts owed under these terms.

Customer represents and warrants that the account information provided is accurate, that Customer is authorized to use the account for business payments, and that the account is maintained in the name of Customer or is otherwise lawfully authorized for Customer’s use.

2. NACHA Rules

The parties acknowledge that ACH transactions under this agreement are subject to the rules of Nacha and applicable federal laws and regulations. Customer agrees to be bound by such rules as amended from time to time.

3. Timing of Payment

For each order, LRK will issue or make available an invoice reflecting the products delivered and any applicable charges. Customer authorizes LRK to initiate payment using LRK’s designated electronic bank-payment method within twenty-four (24) hours after the order has been fully delivered.

For purposes of these terms, an order will be considered “fully delivered” when LRK or its delivery provider has completed delivery of the order, tendered delivery at Customer’s licensed premises, or otherwise completed the delivery process in accordance with LRK’s standard delivery procedures.

4. Delivery Issues Caused by LRK

If any product is missing, damaged, incorrect, or otherwise not delivered due to LRK’s error, Customer will not be charged for that product. If LRK determines that replacement product is appropriate and available, Customer will not be charged for the cost of replacing the product.

Customer must notify LRK of any delivery discrepancy, damaged product, shortage, or other delivery issue within the time and manner required by LRK’s delivery procedures. LRK may require reasonable documentation of the issue before issuing any credit, replacement, or invoice adjustment.

5. Delivery Fees

If any product in an order is deliverable or delivery is attempted in accordance with LRK’s standard delivery procedures, Customer will remain responsible for the applicable delivery fee, even if one or more products in the order are not delivered, credited, replaced, rejected, or otherwise adjusted. Please refer to the “Fee Structure” on the ordering page.

6. Rejected Orders and Restocking Fee

If Customer rejects, refuses, or fails to accept an order, in whole or in part, for any reason other than an error caused by LRK, Customer will remain responsible for the full applicable delivery fee and a restocking fee for all rejected product. Please refer to the “Fee Structure” on the ordering page.

Examples of rejection or failure to accept delivery may include, without limitation, Customer’s refusal of product that was properly ordered and delivered, lack of an authorized person available to receive the order, inability to access the licensed premises during the scheduled delivery window, Customer’s failure to satisfy lawful delivery requirements, or Customer’s cancellation after the order has been dispatched.

7. Adjustments, Credits, and Corrections

LRK may adjust an invoice, issue a credit, or initiate a corrected charge if LRK determines that an invoice, delivery record, payment, or account balance requires correction. Customer authorizes LRK and its payment processor to initiate such corrected electronic payments or credits, provided they are consistent with applicable law and the amounts actually owed by Customer.

8. Returned or Failed Payments

Customer is responsible for ensuring that sufficient funds are available in the authorized account when payment is initiated. If an electronic payment is returned, rejected, reversed, or otherwise fails, LRK may suspend Customer’s account, withhold future deliveries, require updated account information or payment authorization for LRK’s designated electronic bank-payment method, reinitiate the payment, and charge any lawful returned-payment fee, bank fee, or administrative charge permitted by applicable law and LRK’s posted terms.

9. Continuing Authorization

Customer’s electronic payment authorization will remain in effect until Customer revokes it in a manner acceptable to LRK and LRK has had a reasonable opportunity to process the revocation. Revocation of payment authorization may result in suspension or termination of Customer’s ability to place orders, because electronic payment is a condition of purchasing from LRK.

10. No Extension of Credit

LRK will not extend credit for purchases of alcoholic beverages in New York. Customer acknowledges and agrees that sales by LRK are conditioned on payment through LRK’s designated electronic bank-payment method and that LRK may require payment authorization, account validation, or other confirmation before accepting, releasing, or delivering any order.

11. Compliance With Law and Posted Terms

All orders, invoices, payments, credits, delivery fees, restocking fees, and delivery procedures are subject to applicable federal, state, and local laws and regulations, including any applicable New York State Liquor Authority requirements. To the extent required, these terms will be interpreted and applied in a uniform, non-discriminatory manner to similarly situated licensed customers.