RELEASE OF LIABILITY AND DISCLAIMER:
1. WARRANTY UPON DELIVERY AND PICKUP. Partner ministry warrants that any food delivered by Blessings of Hope to the partner ministry at any of its food distribution sites, or picked up at any Blessings of Hope location by the partner ministry, shall immediately be duly inspected upon delivery or pick-up and determined to be fit for human consumption. Acceptance of such food upon delivery shall be sufficient for purposes of this agreement that the partner ministry has found the food to be fit for human consumption, unless otherwise indicated by calling Blessings of Hope no later than 24 hours from the time of delivery or pick-up. At this time, Blessings of Hope will make a determination regarding giving the partner ministry credit for the product, and what is to be done with said product.
2. NO WARRANTIES. All food or product delivered to or picked up by the partner ministry will be accepted “as is” by the partner ministry and will be subject to no warranties, either implied or expressed as to the quality or the merchantability of such food or product. Blessings of Hope, any original donor, and suppliers expressly disclaim any implied warranties of merchantability or other warranties either expressed or implied as to the quality or fitness of such food for human consumption.
3. RELEASE. Partner ministry agrees to release both the original donor, Blessings of Hope, and suppliers from any liability resulting from the conditions of any food provided to the partner ministry by Blessings of Hope and further agrees to indemnify and hold Blessings of Hope, suppliers, and the original donor free and harmless against all and any liabilities, damages, losses, claims, causes of action, and suits of law or equity in connection with the partner ministry’s storage, distribution or other use of such delivered food.
4. PROHIBITION OF SALE OR EXCHANGE. Partner ministry shall not sell or exchange for property or services any food or product which is delivered to it by Blessings of Hope. Partner ministry is prohibited from providing inventory received to any other organization or entity other than programs for which the agency was approved for membership. Products may not be sold or bartered, nor may they be transferred to another organization or individual, to be sold or bartered.
5. USE FOR TAX EXEMPT PURPOSE. Partner ministry shall not use any of the product which is provided by Blessings of Hope in any manner other than for carrying out its tax- exempt purpose of providing food for qualified individuals who are eligible for receipt of such food. Your program is to serve as a non-profit organization and to be administered by authorized representatives of the organization.