US FOODS® Delivered Fresh Guarantee
Terms and Conditions
US Foods, Inc. (“US Foods”, “we”, or “us”) offers a “Delivered Fresh” guarantee as more fully described below (the “Guarantee”) to eligible customers on qualifying purchases of fresh produce. For purposes of the Guarantee, “fresh produce” means produce that qualifies as fresh under applicable regulations (21 CFR 101.95) and does not include produce that is canned, frozen or pre-packaged cut produce containing a preservative. Please consult these terms and conditions (“Terms”) for full details. The Guarantee is valid only in the continental United States (excludes Alaska and Hawaii). Void to customers not serviced by US Foods Northern New England Area Distribution Center located in Seabrook, NH, US Foods Ohio Valley Area Distribution Centers located in Indianapolis, IN and Cincinnati, OH, outside the U.S. and where prohibited.
What is the “Delivered Fresh” Guarantee?
US Foods guarantees that its produce will meet US Foods’ high-quality standards, meaning its produce will meet or exceed USDA standards, and the produce won’t be spoiled or out of code. If the produce we deliver fails to meet this guarantee, most eligible customers are eligible to receive both a credit for the claimed product(s) (“Credit”) and a free replacement case of the same claimed product(s) (“Replacement”), where allowed by law. If a customer that is eligible for both Credit and Replacement and US Foods is unable to provide a Replacement, or the customer does not want the Replacement, the customer may receive a second Credit of equal or lesser value to the claimed product(s) Replacement. Available remedies may vary based on customer type, as more fully described in the “Which Customers Are Eligible?” section below.
Additional Details
- Produce is considered “fresh” and “usable” based on USDA standards. Please see https://www.ams.usda.gov/grades-standards for more details.
- o Examples of when produce is spoiled, damaged or out of code include: discoloration, wilting, rot, mold, bruises, blisters beyond that permitted by the applicable USDA standards, outside of the manufacturer’s or packer’s recommended shelf life (if any), or the remaining shelf life at the time of delivery is not within shelf life terms or other contractual terms with the customer.
- Replacement cases and credits are determined on a per-SKU, per-order basis.
- In the event of a dispute as to whether produce qualifies for the Guarantee, US Foods will make the final determination in its sole discretion.
Product Exclusions: Products that are subject to a recall or market withdrawal, marketed as “While Supplies Last” or similarly discounted for quick sale, sold as “distressed product,” or other AS-IS sales, products which are donated, whether to charitable organizations or through sponsorships, or salvaged.
US Foods reserves the right to modify, suspend, wind down, or cancel the Guarantee in whole or in part, at any time, in its sole discretion.
Which Customers Are Eligible?
Most US Foods delivered direct customers are eligible to take part in the Guarantee and obtain both Credit and Replacement, but some eligibility and remedy restrictions apply to certain customers. See below for more details.
Customers Excluded from the Guarantee: Government (federal/state/local), K–12, Education, Colleges and Universities, manufacturers, distributors and redistributors, processors or brokers, any nationally-managed chain restaurant customers, customer having a contracted cost of goods for produce (whether negotiated by US Foods or the customer), employees, salvagers, food banks, donation recipients or sponsorships, may not take part in and are excluded from the Guarantee (“Excluded Customers”). If you are an Excluded Customer, you must resolve any quality issues with your seller or Customer Contact Representative in accordance with the terms of your contract and/or past practices.
Additional Details for Healthcare Customers: Healthcare customers are eligible to receive both Credit and Replacement. However, the Guarantee provides for the provision of replacement items and other credits without charge with respect to the purchase of US Foods’ products and services. To the extent required to satisfy 42 C.F.R. § 1001.952(g) (the Anti-Kickback Statute safe harbor regulations for warranties) or other applicable laws and regulations, healthcare customers must fully and accurately reflect in cost reports and other submissions to federal healthcare programs the value of such replacement items and other credits and, upon request by the Secretary of the U.S. Department of Health and Human Services or a state agency, shall make available information provided to the healthcare customer by US Foods concerning the replacement items and credits provided under the Guarantee.
US Foods reserves the right to modify customer and remedy eligibility at any time in its sole discretion. US Foods also reserves the right to disqualify any customer if, in its sole discretion, US Foods determines the customer is abusing the Guarantee.
What Purchases Qualify?
Only produce purchases that are stocked in your Market and delivered to you directly by US Foods qualify for the Guarantee.
Exclusions:
- Will-call and customer pick-up orders
- US Foods Direct purchases
- Food Innovations purchases
- Chef’Store® purchases
- Purchases designated “Ship Upon Receipt” or “Drop Ship”
- Special orders
US Foods reserves the right to modify or exclude qualifying products from the Guarantee at any time in its sole discretion.
How Do I Redeem the Guarantee?
In order to redeem the Guarantee, the customer must notify the US Foods seller or sales coordinator within seventy-two (72) hours after delivery. The notice to the US Foods seller or sales coordinator must include the following:
- A photo of the product showing the full case to help our team improve our processes
- A photo of the pick label to help our team quickly get to the root of the quality issue
- A photo of the manufacturer lot code to help us better notify the supplier of the quality issue
- The invoice number or order number
- The product number
- Identify the quality issue for the product
In the event a customer returns the product to the US Foods driver at the time of delivery, photos of the full case, pick label and manufacturer lot code are not required to redeem the Guarantee. However, customers still must provide the other information of the type and in the manner as set forth above.
US Foods reserves the right to ask for a return of the claimed product. If US Foods exercises this right, US Foods will put in a service request for pickup and will retrieve the claimed product at the next delivery.
Force Majeure
US Foods will not be liable for any defective product, failure to perform, or delay in performing all or any part of its obligations with respect to product delivery and the Guarantee to the extent that such defect, failure or delay is due to any cause or circumstance reasonably beyond its control, including, without limitation, acts of God, fire, flood, storms, earthquake, strike or other labor dispute, acts of terrorism, government requirement, civil or military authority, and public health crisis or emergency (including epidemics, pandemics and government directives related thereto).
