Standard Vendor Agreement Kroger 513-387-1238 Fax: 513-387-1198 Phone: 260-827-2017 Fax: 260-827-2192 Phone: 602-477-3155 Fax: 602-477-3296 18 EXPOSE KROGER ORDER CONDITIONS 1 Order; I didn`t do it. These Kroger Order Terms apply to all (Kroger) orders for goods, goods and ancillary services (products) by The Kroger Co. and its related companies (kroger together) of seller. The seller delivers the products on the delivery date indicated in the Kroger orders. Kroger reserves the right to cancel a Kroger order without contractual penalty by notifying the seller on the stated cancellation date or before the stated cancellation date, and at any time, if the completion or delivery date is not met or if Kroger had prior to that date reasons to require reasonable assurance of the service due and such warranty is not made within ten (10) days of the date of the Kroger`s request. If the kroger order does not specify the delivery date or completion date, a reasonable period of time is granted. Kroger may cancel the un received portion of a Kroger order at any time if delivery of the products is not made on time. If the supplier can only fulfill its delivery obligation by sending by premium routing, the premium fee is paid in advance by the seller. If no cancellation date is displayed on the front of the Kroger order, the cancellation date is a reasonable period of time before the products are shipped.

If Seller ships the Products before the shipping date, after the cancellation date, or after the actual cancellation, Kroger may refuse delivery at its discretion or Kroger may accept the Products and charge seller in accordance with Kroger`s Schedule of Non-Conformity Fees. All loads produced in the seller`s dock must be separated by the individual kroger order. 2 Non-compliant or un ordered products. Kroger is not required to accept or pay for unsalted products or shipped products that do not comply with the terms of the Kroger order or the terms of an agreement to which these Kroger order terms are attached, including shipping and routing instructions, as well as shipping and delivery dates. If Kroger receives such a non-conforming order or part of such an order, Kroger reserves the right to deduct from its payment all actual or reasonable expenses, including transportation, inspection, receipt, ticketing, re-ticketing, recall, maintenance and retention of the products and notification to the seller resulting from such non-conformity or non-conformity. If Kroger accepts unin ordered or non-compliant products, Kroger may ship the unintended or non-compliant products to seller without notifying seller. Kroger is not obliged to accept or pay for substitute products or delivery of products manufactured without the prior written permission of Kroger. Seller will not order products subject to the Kroger order without Kroger`s prior written consent. The supplier must pay all shipping costs associated with a post-order order.

All after-sales orders must receive the best prices and conditions, either at the time of the initial order or at the time of actual shipment. . . .

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