This US Foods Customer Policy (“Policy”) sets forth US Foods, Inc.'s (“USF”) standard practices and procedures related to certain aspects of our relationship, including the order, inventory, delivery and return of Products. For Customers who buy from us pursuant to a contract, this Policy is hereby incorporated into that Agreement. Any capitalized terms contained in this Policy that are not defined herein will have the meanings given in the Agreement between US Foods and Customer.
Customers are strongly encouraged to place orders using US Foods' Electronic Ordering System. This system provides Customers with access to online ordering, order guides, order tracking, and records of past purchases. Customers are required to pay any costs associated with the integrating US Foods' Electronic Ordering System with a Customer’s owned or third party provided ordering system.
For our contract Customers, we reserve the right to charge an additional mark-up over the applicable Product category margin for any Proprietary Products that take up more slots than agreed to in the Assumptions to our contract with that Customer.
If a Customer requests that we sell Product in units less than the manufacturer’s standard containers, we will charge an additional fee.
For our contract Customers, if the case size of any Product increases over the current case size of a Product, we may increase the margin in an amount sufficient to compensate us for the loss in revenue resulting from the size increase.
If a Customer orders a Product identified as a US Foods Direct product, the following terms and conditions will apply:
We will assign specific delivery days, and maintain open delivery windows for each Customer location. A next day or skip-day order delivery schedule may be established to achieve optimum service levels.
Customer has 24 hours from the time of delivery to notify us about (i) any concealed Product damage or other Products it seeks to reject, or (ii) with respect to Products not jointly checked in, any shortages, damages, or other Products it seeks to reject. Customer's right to return Product will be subject to properly maintaining, storing and segregating Products in a manner that ensures that non-damaged and non-rejected Products are viable for resale. Arrangements for Product returns must be made through our order department. Refrigerated ready-to-eat Products may not be returned.
In order to receive a credit for returned Product, the Product must be unopened (unless there is concealed damage), non-perishable, in good condition and with adequate shelf life remaining to allow for resale. A restocking fee and other charges may apply. In the event a pick-up and/or return is approved by US Foods, Customer must advise the US Foods customer service representative within 72 hours of Product delivery or at the time the next order is placed, whichever is earlier. Customer must provide the following information:
Upon Customer request, US Foods will provide Customer reports that may consist of Product usage, sales volume, delivery size, and vendor allocation. If a Customer requests customized reports, the Customer will be responsible for all costs relating to such customization.
US Foods grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable, and royalty-free right and license to access the US Foods Electronic Ordering System in connection with Customer’s ordering of Products from US Foods. US Foods reserves all rights not expressly granted herein. Customer will not act in a way that would impair US Foods' intellectual property rights or goodwill or assist any third party in doing the same.