PO Legal Terms

1. PO Terms. In the absence of any negotiated terms to the contrary, the terms of this PO will govern. By invoicing against this PO or accepting payment pursuant to this PO, you (or the entity you represent) accept the terms herein.

2. Payment. Payment for undisputed fees is due within 45 days of receipt of your invoice. No late fees shall accrue or be incurred. DoorDash will reimburse only for expenses that are approved in advance in writing. Each party is responsible for its own taxes.

3. Laws. Each party hereby represents and warrants that it complies and shall continue to comply during the term of the PO with all applicable laws necessary for each to perform its obligations under this PO. This PO will be governed by the laws of Delaware.

4. Ownership. You receive no right, title, or interest in or to any DoorDash information, intellectual property,  logos or trademarks. You will not use DoorDash’s name or logo without DoorDash’s prior written consent. You cannot use any information provided by DoorDash for any purpose, other than the purpose of providing the services or equipment hereunder.

5. Confidentiality. This PO and any non-public information, records, or data received by you from DoorDash will be treated as confidential information of DoorDash.

6. Code of Conduct. You represent and warrant that you have read and will comply with DoorDash’s Partner Code of Conduct, available here: https://www.doordash.com/partner/code-of-conduct

DashMart PO Terms and Conditions

1. PO Terms. The following terms and conditions of this PO (“PO Terms”) are a part of each PO submitted by DoorDash Essentials, LLC (“DashMart”), apply to DashMart and its affiliates, and are binding upon Vendor. The following PO Terms only apply to transactions that do not have a DashMart Direct Goods Purchasing Agreement or similar master purchasing agreement duly executed by both parties. If there is such an agreement, then then those terms shall govern the transaction and relationship of the parties. Acceptance of a PO, shipment of merchandise, or performance of work in connection therewith, constitutes Vendor’s acceptance of these PO Terms.  DashMart objects to and rejects any different or additional terms contained in Vendor’s acceptance, or any other form or document transmitted by Vendor.

2. Vendor Payment Due to DashMart. Payment for undisputed fees is due within 45 days of receipt of Vendor’s invoice. DashMart will reimburse only for expenses that are approved in advance in writing. Each party is responsible for its own taxes.

3. DashMart Payment Due to Vendor. Vendor shall issue invoice within 5 days of PO delivery via EDI or to [email protected]. Payment terms as negotiated in Vendor’s contract are considered effective on the final PO delivery date or invoice receipt date, whichever is later. DashMart reserves the right to issue remittance based on PO quantity received. When there is a discrepancy between the order and invoice, Customer reserves the right to pay the PO cost. 

4. Payment Disputes. Vendors have 45 days from remittance to open a dispute case if applicable, by emailing [email protected] with Invoice number and required documentation to initiate the case.

5. Cost Increases. In the event a Vendor needs to request a product cost increase, Vendor will request with their DashMart point of contact within one week of manufacturer notice or 90 days in advance, whichever is later.  Acceptance of any cost increases shall be at DashMart’s sole discretion. 

6. Recalls. In the event of product recall or similar action or investigation by a regulatory body regarding any product previously purchased under this Agreement, Vendor will notify DashMart in writing within 24 hours of such investigation or Recall being issued at, [email protected] and [email protected]. In the event of a Recall, Vendor shall refund any fees paid by DashMart for the Recalled Products. 

7. Deliveries. Time of delivery is of the essence for each transaction. DashMart reserves the right to cancel or refuse all or any part of the orders delivered after their agreed upon delivery date and time, unless otherwise agreed to in writing. Acceptance by DashMart of any previous or future deliveries on dates other than those agreed upon, shall not constitute a waiver of DashMart’s rights hereunder. An itemized list of products must accompany each shipment of merchandise. 

8. Title. Vendor shall retain title to the merchandise and risk of loss or damage thereto, until merchandise is delivered to and accepted by DashMart at the location(s) designated by DashMart, in accordance with the terms contained herein. 

9. Representations and Warranties. Vendor represents and warrants that: (i) the merchandise, the packaging thereof, and any related materials provided by Vendor do not infringe or otherwise violate the patent, trademark, copyright, trade secret, or any other right of a third party; (ii) the merchandise and any claim, packaging, advertising, labeling, or consumer material are in compliance with any Federal, State, and Local statutes, regulations, and ordinances, including, but not limited to the Federal Trade Commission Act, the Consumer Products Safety Act, and the Food, Drug, Cosmetic Act, the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65) and all claims made by Vendor on any packaging, labeling, advertising, or other consumer material in connection with the merchandise or any Vendor brand relating to merchandise, shall be true and have been properly substantiated at the times such claims were made; (iii) merchandise is not defectively designed, manufactured, labeled, packaged, or inherently dangerous and does not breach any express or implied warranties of any kind; (iv) merchandise is not subject to any governmentally required or requested recall, or any other recall; (v) all merchandise provided by Vendor is fit for purpose for which it is intended and of merchantable quality; and (vi) merchandise is not adulterated, misbranded, or otherwise in violation of any food safety, quality, processing, or inspection laws or regulations. Such representations and warranties are in addition to all other warranties in connection with the merchandise, whether express or implied, including any warranties provided by applicable law. 

10. Laws. Each party hereby represents and warrants that it complies and shall continue to comply during the term of the PO with all applicable laws necessary for each to perform its obligations under this PO. This PO will be governed by the laws of Delaware.

11. Ownership. Vendor receives no right, title, or interest in or to any DashMart information, intellectual property,  logos or trademarks. Vendor will not use DoorDash or DashMart’s name or logo without DashMart’s prior written consent. Vendor cannot use any information provided by DashMart for any purpose, other than the purpose of providing the services or equipment hereunder.

12. License. Vendor grants to DashMart a nonexclusive, royalty-free, license to use Vendor’s trademarks, service marks, trade dress, trade names, copyright, and any rights of publicity associated with merchandise or products purchased hereunder for the purpose of DashMart promoting, marketing, or selling merchandise through any promotional channel. 

13. Confidentiality. This PO and any non-public information, records, or data received by Vendor from DashMart will be treated as confidential information of DashMart.

14. Code of Conduct. Vendor represent and warrant that Vendor have read and will comply with DoorDash’s Partner Code of Conduct, available here: https://www.doordash.com/partner/code-of-conduct 

15. Insurance. Vendor will, at Vendor’s own expense, ensure that it maintains adequate insurance in respect of Vendor’s potential liability for loss or damage under the PO Terms. 

16. Indemnification. Vendor shall indemnify, defend, and hold DashMart, its subsidiaries and affiliates, and each of their directors, officers, shareholders, employees, and representatives (“Indemnified Parties”) from and against any and all claims, actions, liabilities, damages, judgements, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to the breach of these PO Terms by Vendor. 

17. Produce Specifications. THIS PARAGRAPH 17 SHALL ONLY APPLY TO THE EXTENT VENDOR SUPPLIES PRODUCE TO DASHMART. In the event Vendor supplies DashMart with any of the Products identified in Exhibit A (Produce Addendum) below, Vendor hereby agrees to strictly adhere to the applicable Grade Specifications, Size and Packaging Specifications, Appearance & Ripeness Specifications, and Minimum Shelf Life Specifications (collectively, the “Produce Specifications”) related to such Product(s).

Exhibit A 

Produce Addendum

Shelf life: Unless otherwise agreed to in writing by DashMart, Vendor shall ensure that, at the time of delivery, the remaining shelf life of the Product(s) (as detailed below), shall be no less than the minimum shelf life set forth below. DashMart reserves the right to reject or request credit for any Product(s) that do not meet the applicable Minimum Shelf Life Specifications.

Credit requests: Vendor shall issue credits for all Products that do not conform to the applicable Produce Specifications, provided DashMart has notified the Vendor of defect within 24 hours. Credit requests will include an image of the non-conforming Product and, where applicable, the carton label. In lieu of a credit, DashMart reserves the right to request prompt redelivery of the nonconforming Products, at no additional cost to DashMart.  In the event of the foregoing, Vendor shall redeliver Product(s) that conform to the Produce Specifications within 24 hours.