Page 543 - Onboarding May 2017
P. 543

9.2  Approved Product Orders.
                     Operator will submit Approved Product orders to Distributor, specifying the Restaurant
                     location, the Approved Product item number and the quantity desired.  Distributor will
                     provide an Internet-based ordering system for the Restaurants to use in placing orders with
                     Distributor, but Distributor will accept either telephone or email orders at any time that
                     Distributor is having problems with receiving orders online.  Operator must order all of the
                     Approved Products from Distributor.


               10.0  DELIVERIES

                              10.1 Deliveries.
                     A Delivery Driver will deliver Approved Product to each Restaurant twice per week unless
                     otherwise negotiated between Distributor and the Restaurant. The Distributor and the
                     Operator will mutually agree on a delivery schedule.  During the first 30 days after a new
                     Restaurant is opened, additional delivery charges will be waived for reasonable and
                     necessary additional deliveries.  Distributor will store, handle and transport all deliveries in
                     accordance with DineEquity’s Distributor Quality Program.


                              10.2 Delivery Drivers.
                     All Delivery Drivers will act in a courteous and professional manner with the Restaurant
                     staff.  Distributor will be liable for the actions of the Delivery Drivers and will insure
                     against any damage or loss caused by the Delivery Drivers.

                              10.3 Route Changes.
                     Distributor will provide CSCS at least five weeks’ written notice, Operator at least 4 weeks
                     written notice and the Restaurants at least three weeks’ written notice of any Major Route
                     Change.  The notice will include a brief statement of the reason for the route change.
                     Distributor will not make more than one Major Route Changes per calendar year.
                     Distributor will notify Restaurants at least 72 hours before a Temporary Route Change.
                     Distributor will work directly with the Restaurants to coordinate any Temporary Route
                     Change.

                              10.4 Expedited Deliveries.
                     At Operator’s request and on its behalf, Distributor will arrange expedited shipments of
                     Approved Products from (a) the Distribution Center direct to Restaurants or (b) from the
                     Supplier direct to the Restaurant if Operator communicates this request to Distributor.
                     Distributor will charge the applicable Restaurant a fee for the expedited delivery equal to
                     the Distribution Fee plus applicable freight actually incurred by Distributor for such
                     shipment.  If an expedited delivery is needed due to Distributor’s error, Distributor will be
                     liable for additional delivery charges in accordance with Section 10.6.

                              10.5 Unscheduled Deliveries.
                     At Operator’s request and on its behalf, Distributor will make an unscheduled delivery
                     based on the fees set forth below:

                              Special Delivery Rate:







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