US Foods Customer Policy

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.

ORDERING

On-Line Ordering

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.

Slot Requirements

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.

Split Case Surcharge

If a Customer requests that we sell Product in units less than the manufacturer’s standard containers, we will charge an additional fee.

Average Case Size Requirements

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.

US Foods Direct ™ Product Orders

If a Customer orders a Product identified as a US Foods Direct product, the following terms and conditions will apply:

  1. Products offered through US Foods Direct are priced as shown on the US Foods Electronic Ordering System on the date you place the order. The price shown will include ground shipping (via UPS, Federal Express, USPS or other similar carriers).
  2. Prices shown do not include sales, use or other taxes. Expedited shipping or other similar charges, if available, are additional.
  3. Products may not be available for immediate delivery. In the unlikely event that a product becomes unavailable, US Foods reserves the right to cancel that order.
  4. All sales are final. Returns are not accepted.
  5. If these terms and conditions regarding US Foods Direct conflict with any distribution or other established pricing agreement, including any Master Distribution Agreement, you now or may have with US Foods (each a “Transaction Document”), these terms and conditions will apply to your purchase of products marked or sold through US Foods Direct. Prices will be as shown. Prices shown will reflect all discounts designated by the supplier or vendor to be passed along to you.

DELIVERY & RECEIVING

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.

  1. Deliveries will be made in accordance with a delivery schedule determined by our local distribution center.
  2. At the time of delivery, your designated representative should receive the shipment and sign for the Products. All shortages, damages or rejected Products should be noted on the invoice at time of delivery.
  3. Delivery dates that fall on a holiday will be rescheduled by prior arrangement at least two (2) weeks in advance.
  4. All cases must be counted before the US Foods driver and Customer sign the invoice. All invoice copies must be signed. The US Foods driver will keep 1 copy and leave 1 copy with the Customer.
  5. Once the Customer has signed for a specific quantity of cases and the US Foods driver has left the premises, the shipment is the Customer’s responsibility. Customers will not be credited for shortages once the invoice has been signed and the US Foods driver has gone.
  6. Frozen and refrigerated Products should be stored immediately upon receipt.

UNLOADING

  1. For safety reasons, Customer’s employees are not permitted on the US Foods delivery trailer.
  2. The driver will unload and place all orders in designated areas. The driver is not responsible for placing cases on the Customer's storage shelves.
  3. For tailgate deliveries, the driver will bring all Products to the rear of the trailer. Customer’s employees will be responsible for taking the Product from the rear of the trailer into the Customer premises.

RETURNS

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:

  1. Reason for the return.
  2. Invoice number for the delivered Product.
  3. Product code number, quantity, price and description.

REPORTING

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.

PROPRIETARY RIGHTS

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.