Amended May 21, 2018

These Purchase Order Terms and Conditions (“Terms and Conditions”) are part of each purchase order, including any Order, that Gordon Food Service, Inc. (“Gordon Food Service”) or any of its affiliates, whether currently an affiliate or subsequently becoming an affiliate (collectively, “GFS”), issues or any Purchasing Agreement between the parties that references these Terms and Conditions. In these Terms and Conditions, “Supplier” means the supplier named in the Order, “Products” mean the perishable and non-perishable food and foodservice products that GFS is to purchase from Supplier as described in the Order, “Agreement” means the Order and these Terms and Conditions, together with any written purchasing agreement entered into between GFS and Supplier (“Purchasing Agreement”) including any amendments or addendums to the Purchasing Agreement, “Order” means the purchase order or any other order issued by GFS for the purchase of Products from Supplier, and “affiliate” of Gordon Food Service means any corporation, company, partnership, trust, sole proprietorship, or other entity or individual that

  • (1) is owned or controlled by Gordon Food Service in whole or in part;
  • (2) owns or controls Gordon Food Service in whole or in part; or
  • (4) Gordon Food Service represents or may otherwise contract on behalf of through an intercompany operating services agreement or other contractual relationship.