is a pay-as-you-use service. There is no obligation to use BEST DELIVERIES Services. However, by the use of such services and for valuable consideration, the adequacy of which is hereby acknowledged, the above-referenced parties agree as follows:
DESCRIPTION OF SERVICES:
BEST DELIVERIES will provide the following: 1. Timely and reliable meal and catering delivery services according to the following schedule. a. Maximum Available On-Demand Days and Times: 8 AM - 12AM
b. Except Days/Holidays: TBD c. Scheduled deliveries with a minimum of 3 hours advanced notice can be made at virtually any time and delivered to virtually any location in Los Angeles County. d. Long distance deliveries over 30 miles require special scheduling, usually with 24 hours advanced notice. 2. Professional, clean, and courteous presentation at all times. 3. On-demand delivery of meals within one hour
of delivery request for orders within 2 miles of the restaurant, provided meals are ready for pickup within 25 minutes
from the time a delivery request is submitted.
MEAL PAYMENTS, DOCUMENTATION, & POD: 1. During scheduled delivery times, BEST DELIVERIES is the sole delivery service for at least one source of orders (i.e. all call-in orders or allGrubhub.com
orders) 2. Delivery requests must be placed immediately upon receipt of customer’s meal order and before meal preparation begins, providing 20 to 25 minutes for BEST DELIVERIES drivers to arrive for pickup. 3. BEST DELIVERIES must receive notifications directly via email at firstname.lastname@example.org
from online orders through independent and in-house online ordering websites (i.e. Delivery.com
, etc) 4. Restaurant and/or online ordering partners are responsible for processing all credit card payments. BEST DELIVERIES will not process credit card payments for meals. 5. All orders not automatically dispatched through online partners, such as Grubhub.com
, etc., must be emailed in to dispatch. 6. Restaurant agrees not to foist additional orders on drivers that have not been called in to dispatch, even if the driver is present and the additional order is already prepared. Foisted orders will cause delays and late deliveries. BEST DELIVERIES dispatch must coordinate every delivery. 7. Restaurant agrees not to dictate driver routes, i.e., instructing a driver as to the order of deliveries on a multiple delivery runs. BEST DELIVERIES dispatch must manage all routing. 8. Restaurant agrees to provide drivers with order receipts containing all of the pricing and delivery details for each order to be delivered, including original print outs from online ordering partners. 9. BEST DELIVERIES drivers will collect signatures on all deliveries for credit card orders. 10. For call-in orders paid via credit card, Restaurant agrees to provide driver with a register receipt to be signed by the customer at the time of delivery in order to provide evidence of delivery and a tipping opportunity for the driver. Credit card receipts must include a tip line. 11. For cash payments, drivers will make every effort to return cash payments to the Restaurant the same day as time allows. In instances where time does not allow, payments will be made to the Restaurant within 24-hours of the meal delivery. 12. Restaurant will be billed for tips paid via credit card and through online ordering partners. Restaurant may tip out the drivers on cash orders only. PRICING: Meal & Catering Delivery • $5.00 delivery fee per order (Passed on to customer by restaurant) • 10% OF ORDER SUBTOTAL • All Customer Tips Belong to the Driver • On-Demand Delivery radius up to 2 miles • Scheduled Deliveries beyond 2 Miles, $1.00 per mile after the first 2 miles • Scheduled Deliveries beyond 2 miles, $1.50 per mile after the first 20 miles ***BEST DELIVERIES reserves the right to change or modify its pricing at any time. In such instance, BEST DELIVERIES will give the restaurant two-week notice of such changes.
RESTAURANT DELIVERY AGREEMENT
DELIVERIES MAY BE REQUESTED VIA THE FOLLOWING METHODS:
BEST DELIVERIES THROTTLE CLAUSE
BEST DELIVERIES reserves the right at any time and at its own discretion to temporarily pause delivery service and to notify ALL online ordering partners and the restaurant of any temporary suspension of service should for whatever reason BEST DELIVERIES be unable to provide satisfactory delivery coverage during a given period of time. Reasons for temporary suspension of service may include but are not limited to Sigalerts, driver illness, sudden increase in order volume, natural disasters, road blocks, flat tires, etc. CANCELED ORDERS BEST DELIVERIES does NOT receive automatic notifications for canceled orders from any of the online ordering partners (i.e.Grubhub.com
). Therefore, the restaurant AGREES TO notify BEST DELIVERIES of a canceled order immediately upon cancelation and before the driver arrives. If the driver arrives after the order has been canceled, and no notification was given to BEST DELIVERIES, the restaurant will be billed the $5.00 delivery fee for the driver. The restaurant will not be billed for the 10% commission or gratuity in such cases.
MEAL ORDER ACCURACY & REPEAT DELIVERIES
Meal order accuracy is solely the responsibility of the Restaurant. BEST DELIVERIES drivers will not inventory meals against order sheets. In the event the Restaurant fails to ensure the accuracy of a meal order and the client requests a repeat delivery, the Restaurant remains liable for payment for the delivery to BEST DELIVERIES and an additional 15% gratuity based on the subtotal amount. Example calculated as follows: 10% x $20.00 subtotal = $2.00 commission + 15% x $20.00 = $3.00 gratuity + $5.00 delivery fee = $10.00 Total *Please refer to the PRICING section for additional mileage charges. NO SHOWS “No Shows” are customers that order food from the restaurant and then are unreachable at the time of delivery. A customer becomes a “No Show” when a driver has made multiple attempts to contact the customer using all forms of available communication (phoning, knocking, and/or ringing the doorbell) for a period of 15 minutes or more to no avail. In the case of a No Show, the meal will be returned and the restaurant will be charged the delivery fee as follows: 10% x $20.00 subtotal = $2.00 commission + 15% x $20.00 = $3.00 gratuity + $5.00 delivery fee = $10.00 Total *Please refer to the PRICING section for additional mileage charges. Neither BEST DELIVERIES nor its drivers are responsible for the cost of the food in the case of a No Show. In instances where the BEST DELIVERIES driver has paid for a cash order in advance, the restaurant agrees to refund the driver upon receipt of the undeliverable order. Should a No Show surface at a later time and request a redelivery of a returned order, the restaurant will be charged the standard delivery fees outlined in the PRICING section.
REFUNDS, REIMBURSEMENTS, & CREDITS
In the rare instance where an order refund is requested due entirely to BEST DELIVERIES related delivery issues, BEST DELIVERIES agrees to reimburse the restaurant for food costs up to 40% of the subtotal of the refunded items. For a refund to be issued, the following criteria must be met: 1) For late orders, the customer must request a refund, the order must be more than 15 minutes past the scheduled delivery time (75 minutes from order placement), and the late delivery must not be the result of road blocks or heavy traffic due to events such as the Oscars or the Hollywood Bowl; 2) for damaged or spilled items, the food must have been packaged properly by the restaurant and; 3) for switched orders, the restaurant must have labeled the orders properly. BEST DELIVERIES will not reimburse for additional restaurant credit or gift cards issued to the customer that exceed the above- mentioned subtotal %.
PAYMENT TO BEST DELIVERIES
Method of Payment: Check only.
The BEST DELIVERIES billing week is from Monday
. A weekly detailed statement will be provided each Monday
via email. Payments are processed on Monday
when the new billing cycle begins.
CANCELATION OF SERVICES BEST DELIVERIES delivery services may be canceled at any time by either party with seven days advanced written notice. NOTICES & MEMORANDA BEST DELIVERIES communicates all invoices, statements, holiday schedules, and other important notices and memoranda solely via email.
INSURANCE AND BACKGROUND CHECKS
BEST DELIVERIES represents that it is a bonded and insured California delivery company. All drivers possess valid, clean, California drivers’ licenses and have been thoroughly vetted through an in-depth DMV and criminal history background verification process.
LIMITATIONS ON LIABILITY
BEST DELIVERIES holds the Restaurant harmless for any and all claims, causes of action, damages and/or judgments arising out of BEST DELIVERIES acts or omission, including BEST DELIVERIES negligence. Restaurant holds BEST DELIVERIES harmless for any and all claims, causes of action, damages and/or judgments arising out of Restaurant’s acts or omission, including Restaurant’s negligence. By signing below, the following Authorized Restaurant Representative agrees to the terms of this agreement.