Last updated June 29, 2021
- General disclaimer: Participation in the program is at your own discretion. To the extent permitted by applicable law, we disclaim all warranties, representations and conditions of any kind whether express, implied, statutory or collateral. In particular, we offer no implied warranties related to food quality, prices, food substitutions, or order accuracy, other than that offered by the food suppliers. We have no responsibility for the actions or conduct of our food suppliers. Responsibility for any purchase decision you make rests solely with you.
- Order Placement: FoodMesh will coordinate all orders placed through its system with the Vendors and coordinate order fulfillment and troubleshooting if there are problems with any order.
- Purchase Agreements with Vendors Any food purchases are between you and the Vendor, made through the FoodMesh Order Desk. Notwithstanding the foregoing, you acknowledge that you are engaging into a purchase agreement directly with the Vendor and not FoodMesh, and that we are not a party to the performance of any Vendor under any Purchase Agreement. We do not make any representations or warranties of any kind with respect to a Vendor, their food or a Purchase Agreement and you acknowledge and agree that we are not an agent or representative of you or any Vendor.
- Substitutions: If an order is “shorted”, FoodMesh will make one attempt to resolve the matter and find suitable substitutions at no additional cost other than a possible change in price on the substituted items. If the price of the substituted products is significantly higher, FoodMesh will advise you and you can decide if you still want to buy the substituted products. If there is no acceptable substitution, you will be reimbursed for the ‘shorted’ product.
- Handling & Service Fees: You agree to pay the FoodMesh order desk service fee of $75 per order, as well as the standard Vendor shipping and handling fees.
- Payment Terms: You agree to pay the invoice of your order with a Foodmesh accepted payment method. You acknowledge and agree that any amounts owing will be processed the day after delivery. Accepted payment methods as follows: Pre-authorized Debit (PAD) will be the default and preferred payment option. If you are not able to set up a Pre-authorized debit, you agree to make your payment by credit card. Please note: all credit card purchases will be subject to a 3% processing fee.
- Fees for non-delivery: If a Vendor is unable to deliver during a customer-specified window (through no fault of the Vendor) and the Vendor is not able to re-deliver, you may be subject to a standard restocking fee set by the Vendor. Restocking rates will vary from Vendor to Vendor.
- Order Sign Off: You are responsible for checking the product and signing off on delivery. You may reject a product if it’s damaged or is the incorrect product and identify it on your shipping note or Bill of Lading. If there is a discrepancy, you must notify FoodMesh within 24 hrs via email. FoodMesh will coordinate with the Vendor to get the correct product delivered, or facilitate the reimbursement for the unaccepted product.
- Purchase Fee Dispute. You will immediately notify FoodMesh directly of any disagreement with any Invoice Fee (including withdrawals of incorrect amounts) and work with FoodMesh to resolve such deposits.
- Limitation of liability: In no event will FoodMesh or our officers, directors, affiliates, partners, employees, shareholders, agents, successors and assigns be liable to you, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use or loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not we were advised of the possibility of such damages, resulting from or related to your participation in the program.
b) your violation of any applicable law (including privacy laws) or the rights of a third party;
c) any misrepresentations made to other program Users or Suppliers
- Other FoodMesh Services: If you use any other FoodMesh services or Platform (ie: Food Recovery Program or the B2B Surplus Marketplace) you must agree to be bound by the terms and conditions of the platform.