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Acknowledgement and Release 

  1. The agency accepts the food “as is”.
  2. The agency agrees to inspect the food as soon after receipt by the agency as is practicable and to determine whether the food is fit for human consumption.  If not, the agency will immediately discard any unit of food and advise the Foodbank.  The agency is not responsible for hidden, unobservable defects, this is, defects which a prudent inspection would not disclose.
  3. The agency agrees to store all acceptable food in the manner as is appropriate, given the nature of the various food products.
  4. The agency agrees to immediately destroy and/or discard any food upon notice that such food may not be fit for human consumption.
  5. The agency agrees to comply with all laws and ordinances concerning the storage, preparation and distribution of food.
  6. The agency acknowledges that its receipt of food is a gift and not the result of any sales transaction; as such, the agency acknowledges that no express warranties have been given and no implied warranties apply to the nature and condition of food, and further agrees to maintain all Foodbank receipts on file, on the agency premises for a least two (2) years.
  7. The agency agrees to be monitored at least every other year and the distribution priority system is understood.  1.Emergency box programs;  2.On-site meal programs;   3.All others.
  8. The agency agrees to notify the Foodbank of any changes in feeding programs not more than thirty (30) days after change has been in effect.
  9. The agency hereby releases the manufacturer and/or donor and any entity assisting in this food program including the Foodbank from any liability whatsoever; and further agrees to assume any responsibility for food product liability relating to any act of failure to act associated with the production, distribution, storage, preparation, or service of the food after the agency assumes possession of the food.
  10. The agency agrees to notify the Foodbank whenever it receives notice of any claim of liability with the respect to the food.


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