Your opinion is appreciated

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I got picked up by a restaurant. They bought 5 cakes, sliced, packaged and delivered last Friday. They didn't order fresh this week, saying they could keep selling the inventory they have through this weekend. They refrigerated the slices, though I cautioned them not to, so they've undoubtedly dried out by now. Selling those into the weekend will misrepresent my product. I've been told several times now, "it's his cake now. He can do what he wants with it." But I don't think that's right. It's got my name on it, but I would never sell it like that. That would be a lot of people's first impression of my company. What do you guys suggest I do? This is my first restaurant. Do I put my foot down on the next order and risk losing it? Or shut up and take the money?
 
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I think it depends...
- When a customer buys the cake, does it have your name or logo on it? Can they identify it's you? Does it have any packaging?
- Is it possible for you to put "best by" or "use by" dates on the cakes?

I think if they've bought the cakes, they have the right to sell them whenever as long as they're safe to eat. If you want them to only sell fresh cake, you'd probably have to specify that before selling and some up with a "pay for what you sell" model (where they only pay you for what they sell. Needs trust between you and them).
 
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I got picked up by a restaurant. They bought 5 cakes, sliced, packaged and delivered last Friday. They didn't order fresh this week, saying they could keep selling the inventory they have through this weekend. They refrigerated the slices, though I cautioned them not to, so they've undoubtedly dried out by now. Selling those into the weekend will misrepresent my product. I've been told several times now, "it's his cake now. He can do what he wants with it." But I don't think that's right. It's got my name on it, but I would never sell it like that. That would be a lot of people's first impression of my company. What do you guys suggest I do? This is my first restaurant. Do I put my foot down on the next order and risk losing it? Or shut up and take the money?
Put your foot down. You only have one chance for a first impression. I know I would.
 
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Are you only selling to outside retail sources or are you selling to the public also?

If you are selling whole cakes directly to them and they are selling them by the slice, then there isn't much you can do about it except cancel out. Are they also advertising your company as the source of the cakes, or are they just generically selling them? If they are generically selling them, there isn't anything to worry about, as the customer will think it was made on premises.

If you are selling individual slices that YOU package, and they are reselling them, then you can put your own label on it with a specific "sell by" date.

I ate at one place that bought pies from a local elderly couple, cut them up, wrapped them in plastic and sold them as they were. They never lasted long. I think they told me that three days worth of making pies would sell out before the weekend was even half over.

If you want to avoid this kind of thing in the future, you need to stipulate your criteria for selling your product in your agreements or contracts, especially if they keep your name on it. If you find out they are violating your contract stipulations, then you have the right to immediately terminate the contract.

You could also work a "buy back" into your contract or agreement. This is when an outside source is purchasing your product for resale, and anytime there are left overs past the expiration date, they can return them to you for "buy back". This keeps YOU in control of the shrinkage and stale dated products. Using this method, you either buy back what didn't sell after it expires and throw it out yourself, or donate it to someplace that needs foodstuffs, or you throw it away and give the retailer a discount on the next fresh supply.

Whatever you do, you have to word your agreement or contract carefully as to avoid any confusion on either side, and then verbally state to them in person what the verbiage means in the contract. And be sure and have at least 2 witnesses to anything verbal.
 
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Thank you all for the feedback. This is an all-new venture for me, so your input is greatly appreciated and absorbed. I ended up cancelling the restaurant because they were misrepresenting me. Initially, they took all of my labels off the cakes (tho we had previously discussed that i would be labeling them), I don't know how many or if they relabeled them. One flavor sold out in 3 days so i asked if they wanted 2 more. They ordered 3 cakes of different flavors instead, and I believe they left the labels on this time. But that order was the one that prompted them not to fulfill the original agreement of 5 per week because they had "so much in stock" at that point. I cautioned the owner that the older cakes should be replaced, but he ignored me, didn't respond, starting talking mess about my cakes to his staff (who promptly texted me what he and his wife were saying) and then continued to sell dried out stale cake through the next weekend. A friend of mine went there, not knowing the situation, and ordered one of my cakes by name and they brought her something else. When she specified what she wanted, they sold her one of mine. She contacted me after the fact and told me that it was pretty bad at that point (10 days old). The owner and I haven't spoken since. Their staff is ready to walk out and their loyal customers are leaving. Not just because of this, of course, but because everything in the establishment has been going downhill for the last year.

I do have the interest of two other places, so i will take what i've learned and what you all have suggested into these collaborations. I know one will be a prepackaged deal because it's a mini-market, the other will probably be whole cake that they'll slice and plate. I love being a supplier, but i want my company name to get out there too. Unless they agree to list it on their menu or specifically mention it, not sure how that would work. Your thoughts on that would be appreciated too.
 
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Thank you all for the feedback. This is an all-new venture for me, so your input is greatly appreciated and absorbed. I ended up cancelling the restaurant because they were misrepresenting me. Initially, they took all of my labels off the cakes (tho we had previously discussed that i would be labeling them), I don't know how many or if they relabeled them. One flavor sold out in 3 days so i asked if they wanted 2 more. They ordered 3 cakes of different flavors instead, and I believe they left the labels on this time. But that order was the one that prompted them not to fulfill the original agreement of 5 per week because they had "so much in stock" at that point. I cautioned the owner that the older cakes should be replaced, but he ignored me, didn't respond, starting talking mess about my cakes to his staff (who promptly texted me what he and his wife were saying) and then continued to sell dried out stale cake through the next weekend. A friend of mine went there, not knowing the situation, and ordered one of my cakes by name and they brought her something else. When she specified what she wanted, they sold her one of mine. She contacted me after the fact and told me that it was pretty bad at that point (10 days old). The owner and I haven't spoken since. Their staff is ready to walk out and their loyal customers are leaving. Not just because of this, of course, but because everything in the establishment has been going downhill for the last year.

I do have the interest of two other places, so i will take what i've learned and what you all have suggested into these collaborations. I know one will be a prepackaged deal because it's a mini-market, the other will probably be whole cake that they'll slice and plate. I love being a supplier, but i want my company name to get out there too. Unless they agree to list it on their menu or specifically mention it, not sure how that would work. Your thoughts on that would be appreciated too.

Wow! They were selling 10 day old cake:eek:

Removing your labels was not cool at all. Even if a restaurant sources from an outside baker, they give credit where credit is due. There’s a restaurant in Petaluma that I frequent because they serve gluten-free cakes and they also have gluten-free buns available for sandwiches. On their menu they clearly state the bakers who makes their gluten free cakes and bread.

Whole Foods and the fou-fou drive-in up the road both use Udi’s gluten-free bread and buns. Neither note the vendor, but I don’t think that’s really necessary because Udi’s is a huge behind the scenes corporation. Not to mention Udi’s sucks, so why advertise the fact that your $12 burger is on the crappest bun money can buy. But when you have an artisan baker or bakery providing your baked goods you should note that on the menu.

Good for you for taking a stand behind your product.

Oh and speaking of Whole Foods, they like to source locally. I’m not sure what the processes to get into their local stores. My Napa store has baked goods from several local bakeries.
 

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