8.1 No general right of return

Frozen food is not returnable. We do not accept the return of goods that have left our cold chain, because their temperature history cannot be verified and resale would be unsafe. Goods correctly supplied to specification cannot be returned for any reason, including over-ordering, changed requirements, seasonal slowdown or loss of the buyer's own downstream contract.

This section governs genuine quality claims, which are a different matter and which we take seriously.

8.2 Time limits for claims

Claims are strictly time-barred. The buyer must notify us in writing within the following periods, and a claim notified late is not entertained.

•  Shortage, visible damage or wrong product: at the time of delivery or discharge, recorded on the delivery receipt or discharge document, and notified to us within forty-eight hours.

•  Temperature deviation: within forty-eight hours of discharge, supported by the data logger record or reefer download.

•  Latent quality non-conformity — texture, coating, foreign matter, sensory or microbiological: within seven days of discharge for international shipments, or within forty-eight hours of delivery for domestic supply, and in every case before the goods are consumed, sold on or otherwise disposed of.

•  Packaging or labelling defect: within seven days of discharge.

8.3 What a claim must contain

A claim will not be assessed unless it includes:

•  the invoice number, purchase order number, container or vehicle number and date of receipt;

•  the batch and date codes printed on the affected cartons or packs;

•  the exact quantity affected, expressed in cartons and in kilograms;

•  clear, dated photographs of the outer carton, the inner pack, the batch code and the defect itself;

•  the temperature record for the full journey and for storage after receipt;

•  where microbiological or chemical non-conformity is alleged, a report from an accredited independent laboratory, tested on a retained sample drawn under proper conditions;

•  confirmation that the affected goods are being held intact, unopened where possible, at the specified temperature, pending our instruction.

8.4 Hold the goods

The buyer must not consume, sell, distribute, destroy, repack or dispose of goods that are the subject of a claim until we have issued written instructions. Goods disposed of before we have had a reasonable opportunity to inspect them, or to appoint a surveyor, void the claim entirely. Where goods must be destroyed on the order of a public authority, the buyer must obtain and provide the official destruction certificate.

8.5 How we assess

On receipt of a complete claim we acknowledge within two working days. We review the retained counter-sample from the same batch, the production and quality records held by the manufacturing facility, and the temperature data from the shipment. We may appoint an independent surveyor or send the retained sample for laboratory analysis. Where the buyer's laboratory result and ours conflict, the parties appoint a mutually agreed accredited third laboratory, whose result is final and binding, the cost being borne by the party whose position is not upheld.

We aim to conclude the assessment within fifteen working days of receiving a complete claim, and longer where independent laboratory testing is required.

8.6 Remedies

Where a claim is upheld, our liability is limited, at our option, to replacing the affected quantity on the next available shipment, issuing a credit note for the invoice value of the affected quantity, or a proportionate price allowance where the goods remain usable. Replacement is the preferred remedy. Our total liability is capped at the invoice value of the affected quantity and does not extend to freight, duty, clearance, storage, destruction cost, downstream loss, loss of profit or any claim made against the buyer by its own customer.

8.7 Claims that will not be upheld

•  Goods stored, transported or handled above the specified temperature after risk passed to the buyer.

•  Goods thawed and refrozen at any point after risk passed.

•  Goods used or prepared contrary to the instructions on the pack, including incorrect frying temperature or time.

•  Goods consumed, sold on or disposed of before notification, or after the shelf life stated on the pack.

•  Variation within the tolerances set out in section 4.3 of the Terms of Sale.

•  Goods repacked, relabelled or removed from original packaging without our written consent.

•  Goods damaged by the buyer's nominated carrier or in the buyer's own storage.

•  Claims from a buyer with overdue amounts outstanding, until those amounts are settled.

8.8 Recall cooperation

If either party becomes aware of a food safety issue that may require withdrawal or recall, it notifies the other immediately by telephone and in writing. The buyer maintains full traceability records enabling identification of every onward customer by batch, and cooperates fully and promptly in any withdrawal or recall, including providing distribution records within twenty-four hours of request.