FOODBANK NSW & ACT LIMITED

1. Member details
2. Your services
3. Other information (new members only)
4. Member's declaration
5. Foodbank NSW & ACT Program conditions

*Please note that delivery charges may apply (please refer to information sheet for charges)

1. Foodbank NSW & ACT (FBNA) makes every effort to ensure that the quality of food supplied to a member is of the highest possible standard, however, it takes no responsibility for the quality and standard of food supplied. Some products may be beyond the manufacturers' recommended “best by" date or the quality may vary from similar merchantable products. FBNA takes no responsibility for loss or injury from food provided to a member.
2. In the event that a third party to whom the member has supplied food makes any claim against FBNA the Agency agrees to indemnify and hold FBNA harmless against any loss, injury, damage, costs, expenses including legal fees which FBNA or its donors may suffer or incur arising out of such claim.
3. It has supplied a Certificate of Currency of its current Public/Product Liability Insurance with this application and a copy of either its registration certificate from the Australian Charities and Not-for-profits Commission (ACNC) or its Charitable Fundraising Authority issued by Fair Trading NSW. 
4. It will not profit from products received from FBNA.
5. Food supplied can only be distributed to clients in need.
6. The FBNA Membership Agreement must be renewed every year from date specified by FBNA.
7. FBNA may conduct onsite inspections to verify member compliance with the terms and conditions of the FBNA Membership Agreement. 

• “Foodbank” or “FBNA” means Foodbank NSW & ACT Limited ABN 22 056 422 407
• "Foodbank NSW & ACT Membership Agreement” includes the application form forming part of this document.
• “Board” means the Board of Directors of Foodbank NSW & ACT Limited. 
• “CEO” means Chief Executive Officer as appointed by the Board.
• “Foodbank Program” means the program administered by Foodbank by which food donated to Foodbank is distributed to members that provide food assistance to individuals/families in need.
• “Service Fee” means the fee calculated in accordance with clause 5.1 to be paid pursuant to clause 5.3.
• “Member” means an Agency or School whose application for membership of the Foodbank Program has been accepted in accordance with clause 2 and which has agreed to be bound by these conditions.

2. MEMBERSHIP
   1. FBNA will accept application for membership from accredited not-for-profit/charitable organisations that provide food assistance to individuals/families in need and NSW State Primary and High Schools running school breakfast programs.
   2. An Agency or School applying for membership must agree to be bound by these terms and conditions and must forward to Foodbank a Membership Agreement along with documentation as stated in Clause 2.3
   3. Documentation required to satisfy Foodbank membership:
   • A copy of registration certificate from Australian Charities and Not-for-profits Commission (ACNC) or Charitable Fundraising Authority issued by Fair Trading NSW. (Not required for school memberships)
   • A Certificate of Currency for Public/Product Liability Insurance.
3. MEMBER OBLIGATIONS

   Members are required to:

   1. NOT profit from any food or grocery items received from FBNA.
   2. Be informed and comply with all applicable laws concerning the sale (be aware of use-by and best before dates) and safe handling of food in NSW or the ACT (e.g. Eskies or refrigerated vehicle required for transportation of chilled/frozen products).
   3. Pay the Service Fee in accordance with clause 5.
   4. Sydney metropolitan members are to provide their own transport to collect food from Foodbank unless delivery arrangements are made.
   5. Make available for inspection and keep records relating to the receipt and distribution of food as Foodbank may require access from time to time to ensure compliance with these Terms and Conditions
   6. Allow reasonable access to Foodbank representatives to the Member’s food storage and preparation areas to ensure compliance with these Terms and Conditions.
   7. Ensure that food supplied to Agencies under this agreement can only be distributed to clients classified as needy. 
   8. Contribute to the Company’s property if the Company is wound up while they are a member or within one year after they cease to be a member, for payment of the Company’s debts and liabilities contracted before they ceased to be a member and of the costs, charges and expenses of winding up and for adjustment of the rights of the contributories among themselves, such amount as may be required but always not exceeding $10.00 in aggregate. 
4. DISTRIBUTION OF FOOD
   1. All orders are subject to the continued availability of the requested food items. Foodbank cannot meet all the food needs for all Members but will make all reasonable attempts to ensure that donated food is made available as equitably as possible.
   2. Each Member acknowledges and agrees that it will have no claim against Foodbank arising out of the failure or inability of Foodbank to provide items requested by the Member.
5. SERVICE FEE
   1. Each Member is required to pay a Service Fee where applicable, on the basis of some items distributed to the relevant Member on each order. An item charge rate may be implemented from time to time on certain items distributed by Foodbank. For the purpose of this clause 5.1, food or grocery items are deemed to be distributed to a Member when it has been allocated to that Member not withstanding that the items have not been collected by the Member. The Service Fee as prescribed in this Schedule may be varied from time to time. It is kept as low as possible to fund Foodbank’s operations.
   2. Foodbank reserves the right to waive or reduce the Service Fee on selected items generally, on such terms and conditions as Foodbank determines from time to time.
   3. Foodbank invoices the Member the Service Fees for each order. Payment must be made as directed in Schedule 6.
6. PAYMENTS OF ACCOUNTS

   Foodbank requires payment of accounts within 7 days of invoice. Payments can be made via cheque, EFTPOS, credit card or internet banking.

7. TERMS OF MEMBERSHIP

   Unless terminated earlier in accordance with Clause 8, membership will be for a period of 2 years from the date on which an application for membership is accepted in accordance with Clause 2. To ensure continued access to Foodbank items, Members are encouraged to re-apply for membership at least 2 months before the term of their current membership is due to expire.

   Foodbank NSW & ACT reserves the right to charge a Membership Fee, in the future.

8. SUSPENSION/TERMINATION OF MEMBERSHIP

   Membership of Foodbank NSW & ACT may be suspended/terminated for breach of any of the Terms and Conditions in this Agreement and the following matters with seven (7) days notice:

   1. Member failing to pay the Service Fee within a period of thirty (30) days from the date of invoice.
   2. Member removing stock from Foodbank without permission.
   3. Member failing to cooperate with any product limits set by Foodbank from time to time.
   4. Member supplying products to people who do not have a legitimate need or are not in impoverished circumstances.
   5. Member representatives’ failure to cooperate with Foodbank staff on Foodbank premises.
   6. Any change in a Member’s circumstances.
   7. Member ceases to be an accredited not-for-profit organisation for any reason.
   8. A Member may terminate the membership of Foodbank Program at any time by written notice to Foodbank.
9. DISPUTE RESOLUTION
   1. In the event of a dispute between a Member and Foodbank, the Member and the CEO will negotiate to resolve the dispute.
   2. If following discussions in accordance with clause 9.1 the parties are unable to agree, the dispute will be referred to the Board, which may invite written submissions from the Member.
   3. For the purpose of clause 9.2, the decision of the Board will be final.
   4. Any termination of Membership as a result of clause 9.2 shall not be deemed to be subject to dispute resolution and the decision of the Board will be final.
10. DISCLAIMER
    1. Food supplied by Foodbank must be transported and stored in accordance with all applicable food safety legislation having regard for the safety of the food and the use-by-date/best-before-date of all food items.
    2. Foodbank recommends that all Members inform themselves and comply withall applicable food safety legislation as it relates to the food and the operations of the Member.
    3. Members are advised to examine food carefully and, in particular, Members should:
       • be aware that without extensive and expensive laboratory testing, the only means of determining the quality of the food, either before or after the use-by/best-before-date, is by examining its appearance and smell and determining storage history. Items with doubtful smells, colours, textures, broken or swollen packaging or which have been incorrectly stored should be immediately thrown out.
       • dispose of food items if the quality or suitability of food for a given use is doubtful;
       • be aware that  best-before dates on food labels are a guide only to “best quality”, and do not necessarily mean that the food is unsafe for human consumption after the date. Foodbank will advise members of any supplier limitation and will abide by those limitations in all transactions.
11. PRODUCT STOCK LIMITS

    Foodbank relies on its relationship with food manufacturers and distributors for a constant supply of donated product. At times order limits are set on certain products including for reasons including the following:

    • Seasonal shortages
    • Small donation quantities
    • Popularity of product

    Members will be advised of these limits through inclusion on the order form. Any Member found taking more than the limit stated on the picking slip shall be considered to be in breach of these Terms and Conditions.

12. METHOD OF ORDERING PRODUCT
    1. Orders can be made online through our live Web Order system.
    2. Members will receive a password to access online web ordering once their application has been approved and processed.
    3. Web orders will be accepted any day for dispatch by the second working day. Members that attend the warehouse for pick up must have their Web Order received the working day prior to picking for the picking slip to be printed. No member can attend the warehouse without an appointment. There is limited picking on Fridays.
    4. The Web Order system is updated daily and will display all products that are available, their gross weight, use-by-date/best-before-date and service fee cost.
    5. Placing orders in person shall NOT be allowed at any time.
    6. No orders will be taken over the phone for any reason. To check deadlines for delivery orders see the Foodbank website or phone the office on (02) 9756 3099.
13. HOURS OF OPERATION

    Collection of orders by appointment only:

    Monday to Friday from 8.00 am to 2.00 pm
    

    Foodbank enquiries:

    Monday to Friday from 8.00 am to 4.00 pm.
14. PROCEDURE FOR COLLECTION OF PRODUCT BY MEMBERS
    1. Upon arrival at the Foodbank site, the Member’s representative(s) should proceed directly to the Service Desk and show the current Membership Card. Any person not holding a current membership card will be asked to proceed to the Foodbank office for verification of their identification.
    2. The Member representative will not enter any part of the Foodbank premises until they have completed the required WH&S induction and must not enter any areas signed NO ACCESS.
    3. The Member representative will on completion of picking their order return to the Service Desk for final checking and sign the order form as complete and ready for invoicing.
    4. Once an order is signed for there will be no further discussion entered into regarding shortages or errors in the order.
    5. The order may then be loaded into the Member representatives’ vehicle.
    6. The Member representative may not add to any order at the time of pickup.
    7. Any person found opening cartons or removing product from cartons will be escorted from the premises and Membership may be suspended until further notice or terminated.
    8. Member representatives must abide by site signs, rules and directions by Foodbank staff.
15. MEMBER REPRESENTATIVES AND VEHICLE ACCESS
    1. Upon arrival at the Foodbank premises Member representatives should park vehicles only in the designated customer parking area. Limit of 1 vehicle per member in parking area.
    2. No driveways, doorways, gates or loading docks are to be obstructed.
    3. Vehicles are not to enter the Foodbank warehouse at any time.
16. COMMUNICATIONS, ADVERTISING AND SIGNAGE
    
    1. In any communications, advertising and/or signage, Members may refer to their organisation as a -
       
       • Foodbank Charity Partner
       • Foodbank Agency
       • Foodbank School Partner
    2. Members may not refer to their organisation as a -
       
       • Foodbank
       • Foodbank Outlet
       • Foodbank Distribution Point/Centre