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Food Share is how our stores donate good quality food directly to local community groups.
To apply to be one of your local Co-op's partners your organisation must:
1 Provision of Food 1.1 Co-operative Group Limited (‘Co-op’) may make available fresh food and ambient food (the ‘Food’) to the organisation or group set out above in the application form (‘the Recipient’) on the terms and conditions set out in this Agreement.
1.2 Co-op shall agree with the Recipient a mutually convenient times that Food may be available for collection from one or more named Co-op food retail stores (the “Store(s)”) by the Recipient from time to time. Co-op may also notify the Recipient of surplus Food available for collection from the Store(s) on an ad hoc basis.
1.3 The Recipient shall collect the Food at the time agreed or notified by Co-op under clause 1.2. After expiry of such period, Co-op cannot guarantee that the Food will be available for collection. If the Recipient is unable to collection at the agreed or notified time it will make every effort to inform the Store(s).
1.4 Payment to Co-op of 1p (one pence) is due from the Recipient each time it collects the Food.
1.5 For the avoidance of doubt, Co-op is not obliged to make the Food available for collection or provide any minimum volumes of the Food to the Recipient.
1.6 All risk in, title to and liability for each batch of the Food collected shall pass to the Recipient once collected from the Store(s).
1.7 The Recipient agrees that: (a) all or part of the Food may be past its ‘best before’ date; (b) it is entirely responsible for the appropriate storage, handling and any and all processing of the Food once it has been collected from the Store(s); (c) it accepts all risk and liability in determining appropriate uses for the Food; (d) it acknowledges that the Food (including its packaging) may contain Co-op branding or branding of third parties and agrees that it shall not and shall procure that its employees, volunteers and representative do not deal with the Food in any way that causes, or could cause, harm to Co-op's reputation or the reputation of its suppliers; and (e) it will provide Co-op with the name and contact details of a representative who is authorised to act on its behalf in connection with this Agreement and will immediately inform Co-op of any change to the identity or contact details of such representative.
1.8 If at any point, Co-op becomes aware that all or part of the Food needs to be destroyed due to a recall, Co-op shall endeavour to notify the Recipient as soon as practicable and the Recipient shall immediately destroy any Food as notified.
2 Representations and Warranties 2.1 The Recipient agrees that any Food is provided by Co-op "as is".
2.2 Co-op makes no warranties relating to the Food, its condition or packing.
2.3 The Recipient agrees that all conditions, warranties, stipulations or other statements whatsoever, whether express or implied, by statute at common law or otherwise are excluded, including without limitation any warranties regarding the fitness for purpose, merchantability, use or quality of the Food, whether express or implied, by statute at common law or otherwise howsoever.
2.4 The Recipient warrants that: (a) it is and will remain a not for profit organisation or group; (b) it is registered as a food premise with the relevant local authority; (c) it will ensure that the Food is fit for human consumption before it is made available to or provided to any person; (d) its storage and intended use of the Food shall comply with all applicable laws and regulations; and (e) it shall, during this Agreement, take out and maintain with reputable insurers such policies of insurance as may be necessary in accordance with standard industry practice to insure the Recipient against any risks that might arise out of the acts or omissions of the Recipient or otherwise under this Agreement.
2.5 The Recipient will indemnify Co-op from and against all losses, liabilities, costs, charges, fines, expenses, actions, procedures, claims, demands and damages which Co-op directly or indirectly suffers in connection with the Recipient’s failure to comply with any of its obligations set out in this Agreement.
3 Limitation of Liability 3.1 Nothing in this Agreement shall exclude or limit the liability of either party in respect of: (a) death or personal injury caused by such party's negligence (including negligence of its employees, agents or contractors); (b) fraud and/or fraudulent misrepresentation; or (c) any other liability which may not otherwise be limited or excluded under applicable law. 3.2 Subject to clause 3.1, Co-op excludes all other liability under this Agreement to the fullest extent permitted by law. 3.3 Without prejudice to clause 3.1, Co-op shall not under any circumstances be liable to the Recipient, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any loss of profit, loss of goodwill, loss of business, loss of business opportunity, loss of anticipated saving, loss or corruption of data or information, special, indirect or consequential damage suffered by the Recipient that arises under or in connection with this Agreement.
4 Term and Termination This Agreement shall come into force on the date it is signed by the last party to execute it and shall continue in full force and effect until terminated immediately by either party on the provision written notice to the other party.
5 Publicity and confidentiality Except with the prior written consent of Co-op, the Recipient shall not make any public statement about the provision of the Food, this Agreement or any information relating to it.
6 General 6.1 Notices: Any notice given under this Agreement shall be in writing served by hand, prepaid first class recorded delivery or first class registered post and sent to: (a) the Recipient at the address stated at the beginning of this Agreement; and (b) Co-op at the address stated at the beginning of this Agreement, for the attention of Food Redistribution Manager, with a copy to General Counsel, Co-op Group Legal Department, 1 Angel Square, Manchester M60 1AG; and Notices served by hand shall be deemed to have been received immediately if served during business hours, and at the start of the next business day if not. Notices sent by recorded delivery or post shall be deemed to have been received the second business day after posting.
6.2 Assignment and Novation: Co-op may assign, charge, transfer, subcontract or otherwise deal in any way with any of its rights or obligations under this Agreement in whole or in part at any time and on more than one occasion by giving the Recipient written notice. The Recipient shall not assign, charge, transfer, sub-contract or otherwise deal with any of its rights or obligations under this Agreement without prior written consent from Co-op. 6.3 Waiver: A waiver of any right under the Agreement is only effective if it is in writing and it shall apply only to the party to whom the waiver is addressed and the circumstances for which it is given.
6.4 Cumulative Rights: The rights and remedies of the parties in connection with the Agreement are cumulative and, except as expressly stated in this Agreement, are not exclusive of and may be exercised without prejudice to any other rights or remedies provided in the Agreement, by law, equity or otherwise.
6.5 Counterparts: This Agreement may be entered into in any number of counterparts and by the parties on separate counterparts, all of which taken together shall constitute one and the same instrument.
6.6 No Partnership or Agency: Nothing in this Agreement shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the Recipient and Co-op and neither party shall have authority to act in the name of or bind the other in any way.
6.7 Severability: To the extent that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable then the remaining provisions shall remain in full force and effect.
6.8 Entire Agreement: The Agreement constitutes the entire agreement and understanding of the parties, and supersedes all previous agreements and understandings between the parties in relation to the subject matter of the Agreement. In entering into the Agreement, the Recipient has not relied on any statement, representation, warranty, understanding, promise or assurance of any person, other than as expressly set out in this Agreement. The Recipient waives all rights and remedies which, but for this clause 6.8, it might otherwise have had in relation to any of the foregoing.
6.9 Variation: This Agreement may be varied only by written agreement referring to this clause 6.9 signed by an authorised representative of each party.
6.10 Third Party Rights: A person who is not a party to this Agreement is not entitled to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
6.11 Governing Law and Jurisdiction: This Agreement and any non-contractual obligations arising out of or in connection