3PL DELIVERY INSTRUCTIONS

DELIVERY INSTRUCTIONS

1. Scope of the instructions

1.1. These delivery instructions (“Delivery Instructions”) comprise part of the Agreement between Buyer and Seller, as set out in the Option to Purchase (Consignment) (“OtP”) or the Purchase Order (“PO”).

1.2. These Delivery Instructions apply to the full exclusion of any other (own) terms Seller seeks to impose or incorporate.

2. 3PL Standards

2.1. Goods must be Fit for delivery.  “Fit for delivery” means that:

o      no unit of Goods needs to be re-labelled or re-packaged for resale and delivery to customers, other than in connection with outbound shipping materials (e.g., a box, bag or envelope);

o      each carton of Goods is clearly labelled with all information necessary to identify the Goods contained within such carton, including the applicable SKU/UPC/EAN as per the OtP/PO (“UPC/EAN”) (as bar-codes and text), colours, size information (where applicable) and quantity(ies) thereof (and such labelling must be clearly visible and facing outward upon pick-up);

o      each carton of Goods contains such a label, created by either the Seller or provided by the Buyer, affixed to the upper right side of the carton;

o      each unit of Goods is clearly labelled with the applicable SKU/UPC/EAN (“UPC/EAN”) as per the OtP/PO; and

o      each unit of Goods, depending on the nature of the product, shall be packaged with polybags or any other primary package that would preserve its integrity from supplier to customer.

 

2.2. Each carton of Goods with the same SKU/UPC/EAN (“UPC/EAN”) must include the same number of units of Goods per carton. However, if one carton is a partial, then (A) such carton must be marked “partial” using a bright coloured label that is clearly visible and facing outward upon pick-up, and (B) such carton must be on the top layer of the pallet.

2.3. Each carton must contain no more than 1 SKU/UPC/EAN.

2.4. All carton seams must be taped and sealed.

2.5. Staples are not permitted to be used to seal cartons.

2.6. Each carton must be individually numbered with a carton count to reflect each carton’s place out of the total number of cartons (e.g., “1 of 75”) to ensure all Goods are accounted for in every stage of the supply chain.

2.7. Seller shall mark cartons containing glass, breakable items and perishable products appropriately (e.g., “fragile,” “this end up,” “expiration date”, etc.). Moreover, the Seller shall label the Goods with the right Hazmat identification, and provide the warehouse with the applicable documentation, when shipping dangerous goods.

2.8. Fragile Goods must be properly separated with corrugated partitions to prevent such items from impacting each other inside the carton and to protect from vibration damage whilst in transit. Air cells should also be considered (where applicable) to protect from shock impact.

2.9. Prices tags, stickers and marks that refer to the previous owner of the Goods must be removed. The only exception is represented by the original price tag provided by the manufacturer with the MSRP.

2.10. All original warranties, registration cards and vendor authentication materials must be included, where applicable, for each individual item.

3. Additional pallet guidelines

3.1. All Goods must be stacked and shrink-wrapped on standard 1200 x 800 mm pallets or 1200 x 1000 mm.

3.2. Pallets should be built to a height as near as possible to, but not exceeding, of 200 cm (79”, respectively, in the UK) and up to a maximum weight of 1000 Kg. Boxes shall not exceed 30 Kg each.

3.3. All pallets must be sorted in such a way that pallets contain the smallest number of different styles/colours of Goods.

3.4. Pallets must be in compliance with International Standards for Phytosanitary Measures No. 15, as revised (“ISPM 15”). An ISPM 15 compliant mark, example below, must include the following:

o      The IPPC certification symbol;

o      The two-letter ISO country code (e.g., US for United States, AU for Australia, GB for United Kingdom), as represented by “XX” in the below example;

o      The unique certification number issued to regulating agencies that oversee the individual wood packaging manufacturers (“NPPOs”), to ensure that the wood packaging material can be traced back to the NPPO, as represented by “00” in the below example;

o      The unique certification number issued to the treatment provider and/or manufacturer, to ensure that the wood packaging material can be traced back to the treatment provider and/or the manufacturer, as represented by “1111” in the below example;

o      The treatment applied to the wood packaging material, as represented by “YY” in the below example: (i) HT is the code for heat treatment to a minimum of 56° C (133° F) for a minimum of 30 minutes; and (ii) MB is the code for methyl bromide fumigation; and

o      The “DUN” dunnage code for when the solid wood material is used for dunnage (provided, however, that the “DUN” dunnage code cannot be applied to manufactured wood packaging, only loose lumber/timbers to help secure products being shipped, so may be excluded). Example: 




3.5. Goods that are to be sold as a package by Buyer must be pre-kitted and/or pre-bundled prior to arrival at the Warehouse and identified by the SKU/EAN/UPC (“UPC/EAN”) as per the OtP/PO. If you violate this guideline, you will promptly pay to Buyer the cost of kitting/bundling, which Buyer is permitted to deduct from amounts Buyer otherwise owes you under the Agreement.

3.6 Buyer may opt to kit Goods itself or ask Seller to kit Goods prior to delivery. If Buyer kits Goods itself when purchasing on consignment, Buyer may return the unsold kitted Goods to Seller without un-kitting them and without the original packaging that the Goods were provided in. 

4. Pick-Up and Delivery Guidelines.

4.1. All orders delivered to the Warehouse by Seller’s carrier must be accompanied by a packing list that details the contents of the shipment. Only the exact items and quantities set forth in the applicable OtP/PO will be accepted. The following information must appear on each packing list:

o      SHIP FROM (complete name of the Seller and address of Ship-From Location);

o      SHIP TO (complete name and address of Warehouse);

o      DATE SHIPPED (the date Goods are loaded onto a truck from the Ship-From Location);

o      OTP/PO  INFORMATION (description of Goods, SKU/UPC/EAN(s), carton count, total weight, number of pallets and number of units of Goods);

o      EXPIRY DATES (if applicable) and

o      SHIPPER/SELLER NAMES AND SIGNATURES.

 

4.2. In loading shipments, pallets must be positioned to face the rear of the trailer, so as to allow for pallet jack entry (no side loaded pallets).

4.3. Loads must be secured to avoid shifting and damage.

4.4 The Warehouse will provide Seller with a receipt report stating the number of units received from Seller.  Unless Seller challenges the number stated within 14 days of receiving the receipt report, the figure on the receipt report will be deemed to be accepted by Seller. 

4.5 In the event that Seller delivers to Buyer more Goods than Buyer ordered and such excess exceeds 5% of the total ordered, Buyer may require Seller to collect any of the excess Goods.   

5. Delivery booking guidelines.

5.1 For 3PL-delivery, Seller shall contact the Warehouse during standard business hours to schedule the delivery to the Warehouse, or use the online booking tool (if available).

5.2 When scheduling a delivery of the Goods, Seller shall provide the Warehouse with the information listed immediately below.  Delivery should be scheduled within 48 hours of the PO/order under the OtP becoming available to schedule and delivered within the time period set out in the PO or OtP.  The requirement to schedule within 48 hours does not apply to Goods made to Groupon's specification. 

o      A detailed packing list

o      Vendor name

o      Purchase Order #

o      Consigned inventory or Pre-purchased

o      Palletized / Not Palletized

o      Origin contact information, such as email and phone numbers (for 3PL pick up only);

o      Applicable shipping document such as Airwaybill, CMR, Bill of Lading (for 3PL pick up only)

o      Hours of operation (for 3PL-pick-up only);

o      Clear directions or instructions for trucking companies (for 3PL-pick-up only); and

o      Additional information and special instructions of any kind (including but not limited to hazardous material, forklift required)

6. Non Compliance Cost Recovery Charges and Rejections

6.1.         Seller shall deliver the Goods in accordance with the Delivery Instructions. For every violation of an obligation under the Delivery Instructions, Buyer reserves the right to reject the delivery and/or charge Seller the charges in accordance with Annex 1 (below). Payment of incurred charges does not release Seller from its obligations under these Delivery Instructions and compensation for damages.  Seller must, within three business days of rejection, arrange for any rejected stock to be picked up within 14 calendar days of rejection.  Seller accepts that failure to meet either of these deadlines may result in the stock being liquidated.

 


ANNEX 1 - Non-Compliance Cost Recovery Guidelines

 

These Non-Compliance Cost Recovery Guidelines (“Guidelines”) are designed to ensure that Sellers comply with the Delivery Instructions and/or obligations of the Agreement and to outline the process and consequences for failure to do so.

 

Non-Compliance Cost Recovery charges

 

The Agreement sets out the Seller’s performance obligations. Where a Seller fails to comply with those obligations, Buyer suffers damages. Non-Compliance Cost Recovery (“NCCR”) is Buyer’s tool to recover these damages from Seller due to Seller’s breach of its obligations by means of incurring the applicable charges listed in the table below (“NCCR Charges”). Payment of the NCCR Charges does not release Seller from the instructions and/or obligations set out in the Agreement.

 

In the event that Buyer takes the view that Seller breached one or more obligations of the Agreement, Buyer reserves the right to deduct from payments due to Seller (or Seller shall pay Buyer, if no payments are due) the amounts corresponding to the breach, as set out in the Agreement and as specified in these Guidelines. Please note that a Seller may be charged NCCR Charges for more than one breach per unit sold under the Agreement. 

 

A detailed summary of NCCR Charges that Buyer applies is listed below. Buyer will amend and/or update these Guidelines from time to time, in its sole discretion. Such amendment may include additional elements of the NCCR process. Any amendment to the Guidelines shall be considered as agreed upon signing the Agreement by Seller, or, in the event that Seller already signed an Agreement, fourteen days upon notification of the amended Guidelines, unless Seller objected to the amendment in writing.

 

Table 1 – Overview NCCR Charges


DETAIL OF ISSUE

NCCR code

Action

NCCR Charge

Stock visibly damaged (checked upon receiving)

VD

Reject

1.20 PO currency per unit

Stock shipped to wrong warehouse address

WW

Reject

250 PO currency

No-show during booked delivery slot

NS

-

250 PO currency

Failure to schedule delivery with 3PL

NB

Reject

1.20 PO currency per unit

Delivery outside the agreed delivery slot (late delivery)

WT

Reject

1.20 PO currency per unit

Missing or inappropriate packing list

MP

Accept

1.20 PO currency per unit

Missing SKU (as part of a multi-SKU deal)

MS

Accept

1.00 PO currency per unit

Shortage (more than 5% of SKU volume – where identified upon receipt)

UV

Accept

1.20 PO currency per unit

Scheduled outside of 48 hours from date of PO/order under OtP becoming available to schedule

SO

Accept

1.20 PO currency per unit

Delivered later than 14 days from date of PO

DL

Reject

1.20 PO currency per unit

Inappropriate/unacceptable unit packaging

NP

Accept, Rework

50 PO currency per hour and 1.00 PO currency per unit

Labelling – Inappropriate/no labelling (pallet, case unit etc) including barcode labels

PN

Accept, Rework

50 PO currency per hour and 1.00 PO currency per unit

Inappropriate outer packaging

PP

Accept, Rework

50 PO currency per hour and 1.00 PO currency per unit

Mixed Items in Carton

MI

Accept, Rework

50 PO currency per hour and 1.00 PO currency per unit

Received stock that was not listed on the PO

WI

Reject stock not listed on PO

10.00 PO currency per unit

Overages received on PO (if more than 5% of SKU volume)

OV

Accept

1.50 PO currency per unit

Kitting required

KI

Accept, Rework

50 PO currency per hour and 1.00 PO currency per unit

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