Terms & Conditions are as follows:

1. Product Requirements:

a. Must not contain synthetic, chemical, unnatural colours, or unnatural preservatives.
b. Limited amount of processing required – as close to nature as possible.
c. No genetically modified ingredients.
d. Environmentally friendly packaging must be used where possible. Limited use of single-use plastic.
e. Plant-based – no meat products
f. No animal testing.
g. All products must have the necessary manufacturing certifications as per the South African law
h. Samples of the product are required for review:
i. All products must be professionally labeled and barcoded
j. A full list of ingredients is displayed on the label as per the labeling act of South Africa.
k. Storage instructions are essential and must be on the label.
l. Expiry date must be present with a batch number on each product
m. If you claim Organic status – Organic certificates must be supplied.
n. Health and Food Safety compliance certificates must be supplied, if applicable.
o. No Palm oil – unless sustainably farmed (certification of the claim is required)

2. Packaging requirements

a. All products barcoded
b. All items packed securely and delivered in outer cartons
c. All outer cartons are to be delivered sealed
d. No outer cartons to contain multiple orders
e. All fragile items are to be marked with fragile labels
f. Items that require refrigerated storage are to be clearly indicated as such on the outer and or inner cart

3. Duration, Validity and Automatic renewal

a. This Trading Agreement is entered into for a period of 1 (one) year from date of signature by Supplier. In the event that a new trading agreement is not entered into prior to expiry of the 1 (one) year period, these terms shall automatically renew until such time as new trading terms are established in writing and signed by the parties.
b. This agreement is valid for all legal entities in relation to Fresh Earth Holdings (PTY) Ltd. This includes all branches or franchises and other legal persons.

4. Purchase Order (“PO”)

a. All PO’s are computerised. Neither party will be contractually bound to any verbal or manually created PO.
b. It is the Suppliers responsibility to check the PO carefully to ensure that the information is correct as payment will only be made on the PO price. The relevant buying department should be advised of any errors or omissions within 24 hours of receipt of the PO.
c. A hard copy of the PO is to accompany the delivery of products. Products delivered without a PO will be rejected.
d. The PO number must reflect on the invoice.

5. Deliveries and transport costs:

a. All products must be delivered “Cartage/Railage Paid” to the Fresh Earth Food Stores or, where specified, to a specific store.
b. Fresh Earth Food Store reserves the right to return over deliveries. All short or over deliveries will be advised/claimed on a debit/credit claim voucher.
c. If the Supplier is unable to meet the agreed delivery date and/or there is a discrepancy in the number of units available in comparison to the number of units ordered, the Supplier is required to notify Fresh Earth Food Store before the anticipated delivery by sending an email to the relevant buying department.
d. All and any risk of damage to, deterioration, loss or destruction of the products while in transit from the Supplier, shall vest with the Supplier until fully receipted, stamped and signed for by Fresh Earth Food Store.
e. Unless otherwise agreed in writing, deliveries are received at the specified store as unchecked and will only be checked for damage when receiving of stock into the store, as the case may be. Fresh Earth Food Store shall notify the supplier of any damage within 7 (seven) business days of delivery.
f. All invoices will be stamped by Fresh Earth Food Store to indicate delivery. This stamp is the supplier’s proof of receipt of goods by Fresh earth Food Store and no claim by the supplier will be entertained without the official Fresh Earth Food Store delivery stamp.
g. In the event of a product carrying a guarantee/warranty and upon use or installation the product is found to be faulty, return of and re-delivery of a new product will be for the sole cost of the Supplier.

6. Account payments terms and conditions:

a. The payment date of Supplier’s accounts falling due on a Saturday, Sunday or Public Holiday will only be affected on the 1st business day thereafter.
b. Products returned for credit will be deducted off the Supplier account within the same month as the return.
c. A statement must be sent monthly before 22nd of each Month
d. Do not let the stores order over the supplied credit limit – you are required to block the account if the credit limit is reached and payment is not made.
e. The supplier may not allow the account to run out of control and will accept liability in the event that products are delivered outside of the supplier’s agreed terms.
f. Fresh Earth Food Store will only pay off a legal tax invoice.
g. Supplier codes must be displayed on the invoice.
h. Fresh Earth Food Store will not pay any COD invoices.
i. All goods are supplied on a sale or return basis.
j. Invoices will be settled electronically, please ensure banking details are on the invoice.
k. All invoices to need to be stamped by the Fresh Earth Receiving department. The stamp must reflect a Date, Receiver name and Receiver signature as proof of delivery. The Proof of delivery must be made available to the Fresh Earth accounts department upon request in order for payment to take effect.

7. Price increases:

a. Any impending price increases are to be communicated to the relevant buying department, in writing, at least 4 (four) weeks prior to such increase and must include the new price list.
b. Supplier shall be limited to a maximum of 2 (two) price increases per year, save for an uncontrollable event such as an exchange rate fluctuation.
c. Where there is a price decrease, the lower price will apply to all stock on hand and a credit note shall be issued in respect thereof.
d. Price increase information must be emailed 45 days prior to the increase date.

8. Stock Return to Supplier:

a. Supplier to collect products from the specified store, as the case may be, at Supplier’s sole cost and expense, within 7 (seven) business days, for a full credit, if:
b. The products do not meet the agreed quality standards.
c. The products are found to be damaged
d. The products are short-dated or have reached expiry date (for clarification, short-dated means products which have less than 9 (nine) months shelf life from the date of receiving by Fresh Earth Food Store save for products from the fresh department; products agreed to clear for express promotional intent; or otherwise as agreed between Supplier and relevant buying department).
e. All merchandise found to be factory defective which cannot be repaired within the Suppliers warranty period, which will be a minimum of 12 (twelve) months, will be returned by Fresh Earth Food Store or its customer to the Supplier for credit and will be deducted off the Supplier account within the month of return.

9. Reformulation and changes:

a. Should a product undergo a reformulation, and/or change in packaging, barcodes, labeling and/or change in the ingredients, Supplier is to immediately notify Fresh Earth Food Store in writing of the reformulation and/or change, prior to the reformulation and/or change taking effect. The Supplier shall follow the new listing process as if the product was a new product, including submitting samples to the merchandise department for evaluation.

10. Stock Protection (Sale or Return):

a. All new products not achieving the desired rate of sale, as agreed to between relevant category manager and Supplier, are subject to 100% sale or return. The rate of sale will be evaluated at 6 weeks, 8 weeks, and 6 months of trade for return, swap or store expansion, at the sole discretion of the relevant buying department manager.”

11. Right to inspect premises or facilities:

a. Fresh Earth Food Store shall have the right to inspect the Supplier’s premises and/or manufacturing facilities and/or other facilities (to be specified by Fresh Earth Food Store) for the purpose of performing a health and safety audit. Fresh Earth Food Store shall give the Supplier reasonable notice of the proposed inspection and the Supplier shall make the premises and/or facilities available for this purpose and fully cooperate in all respects.

12. Warranty and Indemnity:

a. Supplier warrants that the products shall in all material respects appear and perform in accordance with its form and functional description; shall be manufactured in a responsible manner; and are fit for the purpose for which they are intended.
b. Supplier warrants that all products, content, packaging and labeling are compliant with South African Legislation and/or Regulations.
c. Supplier warrants that it has all necessary certifications and/or accreditations. Supplier is responsible to ensure that all certifications and accreditations are and remain valid throughout the duration of this Trading Agreement. Supplier shall provide new copies of all certifications/accreditations as and when they are received. Fresh Earth Food Store reserves the right to cancel this Agreement should Supplier not provide updated certifications regularly as and when required.
d. The supplier indemnifies and holds Fresh Earth Food Store harmless against any claims, loss, damage, death, injury, cost, expense or liability arising from:
i. Any breach of warranty or obligation under this Agreement;
ii. Any willful or negligent act or omission of Supplier or any of its officers, employees or, agents in relation to the performance of Suppliers obligations under this Trading Agreement; and
iii. Any breach of any third party’s rights, including in respect of any claim that the products infringe copyright, design, trademark or other intellectual property rights of any other person or entity anywhere in the world.

13. Charges and Costs:

a. In the event of Fresh Earth Food Store instructing its attorneys to recover monies from the Supplier, the Supplier shall be liable for and shall pay all legal costs incurred by Fresh Earth Food Store on an attorney and own client scale.
b. Should there be a customer complaint or query which warrants a laboratory test to prove a certification, claim or ingredient, alternatively at Fresh Earth Food Store’s sole discretion, Fresh Earth Food Store shall send the product for a laboratory test and the cost thereof will be for the account of the Supplier. The cost will be deducted from the Supplier’s next invoice.

14. Sales and Marketing Requirements:

a. Fresh Earth Food Store requires a sales rep to visit its stores once a month to review sales, rotate stock and do swap-outs.
b. Merchandising material must be accompanied by the introduction of all-new lines.
c. The supplier must supply at least four hours of in-store promotions and staff training per year.
d. The supplier is required to supply digital content in the specified format for marketing and website use.
e. The responsibility for the sale of your product is a joint effort – simply dropping off your stock at our back door and expecting payment is not a reciprocal relationship. You are required to make an effort and help sell your products using the platforms we provide and your own platforms.
f. Fresh Earth Food Store has a huge database on all relevant platforms which is available for our suppliers to market their products at 20% of their ad spend (if you wish to spend R100 on an ad, you pay R120 for the ad to be posted). This is a targeted high-quality database. Terms and conditions apply.
From time to time, you will be contacted and expected to participate in a sale. The aim is to increase sales and ensure our clients keep coming back – we will match your discount.