Quality Claim Procedure
1. All claims and potential claims must be communicated to the Seller by way of the nominated contact details as set out on the first page of this agreement, within 48 hours after opening the Fresh Produce Shipment at the Port of Destination. For purposes of the Quality Claims Procedure, the following methods of notification will be deemed to be valid, including: -
1.1. Whatsapp;
1.2. E-mail Communication; and
1.3. Text message / SMS.
2. The Seller will not accept any liability for claims against it or its suppliers arising from any discrepancies between the shipment documents and the actual arrivals, alternatively, any quality defects on the Fresh Produce Shipment unless; the information is completed and reported to the Seller within 48 hours after reporting a problem via mail and receiving this claim procedure.
3. All containers must be collected from port within a maximum of 5 (five) working days from arrival. Should this not be possible, the Seller must be advised accordingly, and the reason for the delay specified, e.g. legal, port delays, long storage at own risk etc.
4. Should the extent of the damage be assessed at 5% (five percent) or more of the value of the consignment, the Seller reserves the right to request that the Purchaser arrange an independent inspector on its behalf. In respect hereof, it is specifically noted that a representative of the shipping line must also be present at time of said inspection. In respect hereof, the quality claims mechanism will operate as follows, namely: -
4.1. Within a period of 48 (forty-eight) hours as from the time that the Fresh Produce Shipment is opened at its Port of Destination, excluding weekends and public holidays, the Fresh Produce shall be assessed by the Purchaser’s nominated agent, who will relay a report, in whatsoever manner, to the Seller identifying any defects to the Fresh Produce Shipment (“the Quality Assessment”). The Purchaser will then in turn, within said same 48 (forty-eight) hour timeframe inform the Seller, either by e-mail or WhatsApp, of any such defects on the Fresh Produce Shipment.
4.1.1. In respect of the Quality Assessment, together with any defects identified therein, the Seller then has an option to: -
4.1.1.1. Compensate the Purchaser for the Damages to the Fresh Produce Shipment in line with the “CIF value” thereof, alternatively, where possible observe a set-off of any contingent amounts still due and payable by the Purchaser to the Seller; alternatively,
4.1.1.2. Appoint an Independent Inspector of the Seller’s choosing, failing which of the Purchaser’s choosing, to re-asses the Fresh Produce Shipment vis-à-vis the Quality Assessment as furnished by the Purchaser.
4.1.1.2.1. Should upon the re-assessment of the Fresh Produce Shipment it be determined that there are indeed Damages in respect of the Fresh Produce Shipment, the Parties may again enter into negotiations relating to a settlement amount, alternatively: -
4.1.1.2.1.1. The Seller will reimburse the Purchaser in line with the Quality Assessment, i.e. if the assessment denotes 20% damages, the Purchaser will be reimbursed 20% of the CIF value.
4.1.1.2.1.2. The Seller will be liable for any costs incurred in appointing the relevant Independent Inspector.
4.1.1.2.2. Should upon the re-assement of the Fresh Produce Shipment it be determined that there are no Damages in respect of the Fresh Produce Shipment :
4.1.1.2.2.1. There shall be no claim by the Purchaser in respect of the Fresh Produce Shipment; and
4.1.1.2.2.2. The Purchaser will be liable for any costs incurred in appointing the relevant Independent Inspector.
5. All claims and potential claim values should be finalised within 10 (ten) working days from the opening of the Fresh Produce Shipment at the Port of Destination.
6. The following information is required to be conveyed to the Seller within 48 hours: -
Client Name:
Vessel Name:
Container Seal Number:
Temperature Recorder No:
Commodity:
Variety:
Count:
PUC Code:
Pallet Identification:
Packing List:
Brand:
Estimate Loss / Discount Required:
Brief Description of Concerns:
Print Name of Person Completing Form:
Signature:
Date:
7. The following supplementary documentation needs to accompany any claim in terms of this quality claim procedure: -
7.1. A printout of the temperature recorder graph, indicating temperature readings throughout the Fresh Produce Shipment’s voyage. The aforesaid is imperative, and no claim will be entertained without this report; and
7.2. Photographs illustrating the alleged defects and nature of the concern, including: -
7.2.1. Photos of the Fresh Produce, at least 5% of the cartons per pallet, with PUC code showing issues.
7.2.2. Photos of the carton label (please ensure PUC is visible).
7.2.3. If weight is an issue in contention, photos of the carton(s) in question on a scale showing weight of the carton(s).
7.2.4. Photos illustrating the defect and nature of the concern.