Product Handling Requirements

  • Product must stay in original packaging.
  • Partner shall ensure the security of all product samples and/or packaging (collectively, “Samples”) from the time of their receipt from Small Planet Foods, Inc. Partner agrees to indemnify and hold SPFI harmless against the loss, theft, or destruction of any samples while the same are in Partner’s custody or control.
  • Partner shall indemnify and defend Small Planet Foods, Inc. against any and all claims, injuries, damages or costs incurred by Small Planet Foods, Inc. as a result of Partner’s failure to comply with these Product Sampling Requirements (“Requirements”), including but not limited to costs of litigation and attorney’s fees.
  • Partner shall not store, package or include any other product with Small Planet Foods, Inc.'s Samples that may cause odor or substance migration that may permeate into Small Planet Foods, Inc.'s Samples or subject them to adulteration or contamination, nor shall Partner otherwise allow Samples to be adulterated, damaged or contaminated.
  • Partner shall provide Small Planet Foods, Inc. with access to all warehouses, storage areas and distribution sites used in connection with the Samples upon request.
  • Partner agrees to provide Samples to only such third parties as contemplated hereunder and shall not provide Samples to others for redistribution into channels outside the intended markets.
  • Partner shall maintain accurate records that document the flow of Samples from the time Partner takes custody of Samples until such Samples are distributed in the intended markets.
  • Partner shall not sell any of Small Planet Foods, Inc.'s Samples, nor shall it export such products directly or indirectly from the United States.
  • Partner shall ensure that Samples are not distributed to children under the age of thirteen (13) without parental or other appropriate permission.
  • Partner shall handle, prepare, transport and store all Samples under conditions that will maintain product safety, quality and compliance with all regulatory requirements.
  • Partner shall follow food safety and sanitation procedures to safeguard against the creation of food borne illnesses through inappropriate handling and preparation conditions (e.g. poor personal hygiene practices or inadequate cooking of food products).
  • Partner shall ensure that all of Partner’s employees, designees, vendors, and agents comply with all applicable Requirements.
  • Partner shall return, donate or destroy, as requested by Small Planet Foods, Inc., any undistributed Samples.
  • Partner shall permit Small Planet Foods, Inc., upon reasonable advance notice, to inspect Partner’s books and records relating to the production, printing, and/or distribution of the Samples for purposes of confirming Partner’s compliance with these Requirements.
  • Product should arrive within 36 hours of an event.