Ingestible & Topical Products Waiver and Acknowledgment
This Ingestible & Topical Products Waiver and Acknowledgment (“Waiver”) forms part of the agreement between the undersigned merchant (“Customer”) and Handled, Inc. (“Handled”), and applies to any Inventory stored, handled, or shipped by Handled that is intended for human or animal ingestion or topical application (“Covered Products”).
Covered Products include, without limitation: Supplements, vitamins, gummies, functional foods and beverages, nutrition powders, teas, oils, skincare products, creams, lotions, cosmetics, serums, and other ingestible or topical items.
1Pre-Approval Required
The Customer may not ship or store any Covered Products with Handled without obtaining prior written approval from Handled. Covered Products include any Inventory intended for human or animal ingestion or topical application, including but not limited to supplements, foods, beverages, vitamins, cosmetics, and skincare items. Handled reserves the right to reject or return any Covered Products received without such prior written approval, at the Customer’s sole expense.
2Product Legality, Safety, and Compliance
The Customer represents, warrants, and attests that:
- All Covered Products are safe and legal for sale and shipment in every jurisdiction to which Handled may fulfill orders.
- Covered Products are not classified as controlled substances, prescription drugs, or otherwise restricted by applicable law.
- The Customer has independently verified compliance with all federal, state, and local laws, including but not limited to those enforced by the FDA, USDA, FTC, CPSC, or equivalent regulatory authorities.
- The Customer is solely responsible for ingredient safety, formulation, packaging, labeling, and marketing claims for Covered Products.
3Expiration Dates and FEFO Handling
Handled will use commercially reasonable efforts to:
- Store Covered Products based on provided expiration dates, and
- Ship inventory using First Expired, First Out (FEFO) logic, where expiration data is clearly available and integrated into applicable systems.
However, the Customer acknowledges that:
- Handled does not guarantee expiration date rotation or strict FEFO compliance.
- Handled does not block or restrict shipments of expired or soon-to-expire Inventory unless explicitly instructed and agreed to by both parties in writing.
- It is the Customer’s sole responsibility to monitor expiration dates and direct Handled to quarantine or dispose of expired goods.
- The Customer waives any claim related to the shipment of expired Covered Products unless Handled has failed to follow specific, written instructions provided in advance.
4No Testing, Inspection, or Verification
Handled does not inspect, test, or certify the contents, authenticity, compliance, or safety of Covered Products. The Customer assumes full responsibility for all product integrity, labeling accuracy, and regulatory compliance.
5Labeling and Claims Disclaimer
Handled does not validate or assume responsibility for:
- Medical, nutritional, or cosmetic claims made by the Customer;
- The accuracy or placement of any labels applied at the Customer’s request; or
- Compliance with FDA, INCI, nutrition facts, ingredient disclosure, or allergen labeling requirements.
The Customer is solely responsible for supplying compliant label content and instructions.
6Recall Notification and Cooperation
In the event of a recall, regulatory investigation, or known issue with Covered Products:
- The Customer must promptly notify Handled in writing.
- The Customer shall cooperate fully with Handled in any request to segregate, quarantine, or dispose of affected Inventory.
- Handled is not liable for any damages, penalties, or lost sales arising from or related to such product issues.
7Indemnification
The Customer agrees to indemnify, defend, and hold harmless Handled, its affiliates, and its employees from any and all claims, liabilities, damages, losses, penalties, costs, or expenses (including attorneys’ fees) arising out of or related to:
- The manufacture, sale, marketing, labeling, or consumption of any Covered Product;
- Any bodily injury, illness, allergic reaction, or consumer complaint;
- Any recall, withdrawal, or regulatory action;
- Any act or omission by the Customer that violates applicable law or results in harm or liability.
8Right to Refuse, Quarantine, or Dispose
Handled does not inspect Inventory and does not assume any duty to examine, test, or evaluate Covered Products upon receipt or during storage. However, if Handled becomes aware of an issue with any Inventory—whether through incidental observation or notice from a third party—Handled reserves the right, at its sole discretion, to refuse, quarantine, or dispose of any Covered Products that:
- Are damaged, leaking, unlabeled, or improperly packaged;
- Pose a safety, contamination, or compliance risk; or
- Violate any term of this Waiver.
All costs associated with such refusal, quarantine, or disposal shall be the sole responsibility of the Customer.
9Relationship to Terms of Service
This Waiver supplements and is subject to the Handled Terms of Service. In the event of conflict, this Waiver shall control with respect to Covered Products.