:

Modern Foods
Terms and Conditions of Sale
(Short Form)

1535 N. Lancer Street, P.O. Box 908, Peru, Indiana 46970-0908
Customer Service Phone: 765-689-5198 ext. 24
Effective Date: Sept 1, 2007
ORDER and PRODUCT INFORMATION
• Order Placement:
Orders can be place by Electronic Data Interchange (EDI), fax or phone. The lead-time is 14 calendar days following the date of order to date of shipment. Pricing is based on truckload orders (a truckload is 38,000 pounds net weight or full cube utilization unless otherwise specified). For less than truckload orders, applicable pricing is available. Please adjust your order day to fit the pool load schedule for your geographic area. Orders must be placed to ship within 21 calendar days of the order. All order are subject to acceptance by Customer Service.
• Order Change Policy:
Order changes or short lead-time orders are 3 or more calendar days prior to ship date, are subject to finished goods and carrier availability. No order changes or short leads with less than 3 calendar days notice.
• Minimum Orders:
The minimum delivered or pick-up order is 2000 pounds
• Minimum Item Qty.:

The minimum quantity of one item on one order is a pallet layer. Order quantities must be in full pallet layer increments.

• Product Availability:

During times of price increases, forward purchases by item are limited to normal weekly usage, based on the greater of the prior 26 or 52 weeks of history. Orders must be placed to ship within 21 calendar days.

• Product Warranty:
All products are guaranteed to be free of manufacturing defect through Modern Foods code date. All sales are final.
• Product:

Modern Foods products are manufactured in accordance with Good Manufacturing Practices ("GMP"). Modern Foods weight control process is based on regulations set by the National Institute of Standards & Technologies in Handbook 67. Due to variances in production capability, the invoiced weight is an average of individual cases.

PRICING and PAYMENT TERMS
• Pricing:
All products are priced effective date of order unless otherwise specified. During volatile market conditions, Modern Foods reserves the right to make price adjustments. Modern Foods does not provide floor stock protection. Items are price F.O.B. Modern Foods shipping plant, unless specified as delivered.
• Payment Terms:
Net 10 days from date of invoice.
• Deductions:
Deductions as a from of payment by Modern Foods must pre-approved in writing. The exact dollar amount and reason for deduction must be mutually agreed upon prior to deduction being taken.
• Post Audits:
Any claims or deductions must be made within one-year from date of invoice.
ADDITIONAL INFORMATION
• Pallets:
We do not exchange GMA pallets on orders that we deliver. We will invoice for GMA pallets on orders that are picked up at our distribution centers. We do not use CHEP pallets.
• Private Label Packaging:
Details on packaging requirements are available in our Private Label Packaging Supply Agreement.
By placing an order with Modern Foods, the customer accepts the Terms and Conditions of Sale as outlined above.