Our Terms and Conditions
Welcome to The Frozen Food Courier! We’re Blue Sage Distribution (Pty) Ltd, and we specialize in delivering frozen goods while keeping them frozen.
Contact us: hello@thefrozenfoodcourier.co.za
When you use our services, you’re agreeing to these terms and conditions. We’ve written them in plain language so you know exactly what to expect.
QUICK SUMMARY (The full terms below apply)
Here’s what you need to know about our frozen food delivery service:
✓ Your items must be completely frozen solid when you give them to us
✓ We keep things frozen, we don’t freeze them down – our trucks maintain temperature
✓ Our trucks run at -12°C with doors opening/closing for multiple deliveries
✓ We have temperature monitoring (Cold Watch/SANAS verified) on all our trucks
✓ Use good quality packaging – virgin double-walled boxes or proper polystyrene with ice packs
✓ Long-distance deliveries may use other carriers who have their own terms
✓ Report problems within 15 minutes of delivery
✓ Maximum compensation is R15 per kilogram (unless you buy extra insurance)
✓ Give us correct delivery addresses and phone numbers – this really helps!
Read the full terms below – they protect both of us and explain how everything works.
1. DEFINITIONS (WHAT THESE TERMS MEAN)
To keep things clear, here’s what we mean by certain terms:
You/Your or The Sender – You’re our customer, the person sending the frozen goods.
We/Us/Our or The Courier – That’s The Frozen Food Courier, your frozen goods delivery specialists.
Goods – The frozen items you’re sending, as long as they’re allowed (see Section 2) and properly packaged (see Section 3).
Temperature Sensitive Goods – Medical items like insulin, vaccines, blood products, organs, and pharmaceuticals. We don’t transport these – they require specialist medical courier services.
Temperature Controlled Goods – Frozen food and beverages. This is what we transport – items that need to stay frozen.
Service – Our delivery service, including collection, transportation, and delivery of frozen goods.
Receiver/Recipient – The person receiving the goods at the delivery address you give us.
Set Temperature – Our trucks run at -12°C. Our doors open and close frequently during the day because we do multiple deliveries per route (just like supermarket frozen food deliveries).
Standard Operating Hours – Monday to Friday, 8:30 AM to 5:00 PM. Need delivery outside these times? Ask us about dedicated truck hire.
Estimated Delivery Time Slot – An estimated time window. We calculate routes the day before, but we can’t guarantee exact times because of traffic, distances, and other factors beyond our control. Our routes change daily.
2. WHAT WE CAN’T TRANSPORT
For everyone’s safety and to comply with the law, we don’t transport:
- Anything illegal or prohibited by law
- Money, gold, or valuables
- Dangerous or hazardous materials
- Drugs or narcotics
- Electronics
- Chemicals, corrosives, or explosives
- Non-food items (unless specifically agreed)
- Anything that might attract pests or cause infection
- Medical or pharmaceutical temperature-sensitive goods (these need specialist medical couriers)
If you’re not sure whether we can transport something, please ask us first!
3. PACKAGING YOUR FROZEN GOODS
This is really important! Good packaging protects your goods during delivery.
3.1. YOUR RESPONSIBILITY
Packaging is your responsibility. We can’t be held liable for damage caused by poor or inappropriate packaging. If your goods aren’t packaged properly and something goes wrong, we can’t help with compensation.
3.2. PACK APPROPRIATELY
Think about what you’re sending:
- Fragile items need extra protection
- Label fragile boxes clearly so we know to handle them with care
- Use packaging that’s suitable for frozen goods
3.3. RECOMMENDED BOX QUALITY
For frozen goods, we strongly recommend virgin double-walled cardboard boxes. These provide the best insulation and protection during transport. Only use these boxes once your goods have reached the “Solid Cooling Phase” (completely frozen solid – see Section 12 for details).
3.4. REPACKAGING COSTS
If we need to repackage your goods for any reason, you’ll be charged for this.
3.5. ACCURATE DESCRIPTIONS
Make sure your boxes are labeled correctly with what’s inside. We reserve the right to inspect contents if needed.
3.6. CHOOSING THE RIGHT PACKAGING – REALLY IMPORTANT!
Your packaging creates a thermal barrier (insulation) that protects your frozen goods. Poor packaging choices are one of the main reasons goods thaw during delivery. Here’s what you need to know:
CARDBOARD BOXES – WHAT MAKES A DIFFERENCE:
The type of cardboard box you use directly affects how well your goods stay frozen:
• Virgin double-walled cardboard = Best protection (strongly recommended)
This provides excellent insulation with thick, solid walls that keep cold in and heat out. Worth the investment for peace of mind.
• Recycled or single-walled cardboard = Less protection
Thinner walls, air gaps, and weaker structure mean heat gets in faster and cold escapes quicker. Higher risk of thawing, especially on longer routes or hot days.
• Damaged or weak boxes = Poor protection
Can collapse during stacking, which reduces air circulation and can trap heat around your goods.
Bottom line: If you use recycled, thin, or damaged boxes, your goods are at higher risk of thawing. We cannot be held responsible for temperature problems caused by poor box quality.
POLYSTYRENE BOXES (COOLER BOXES) – USE THEM CORRECTLY:
Polystyrene boxes can be excellent for frozen goods, but they only work if you use them properly:
• WITHOUT ice packs = Not enough protection
Polystyrene by itself just slows down warming – it doesn’t actively keep things cold. You MUST include ice packs or gel packs. The box needs a cold source inside to maintain temperature. The polystyrene isn’t magical!
• HALF-PACKED boxes = Big problem
When a box is only half full, the empty space fills with warm air. This trapped warm air slowly thaws your goods from the inside out. Always pack boxes completely full. If you have empty space, fill it with newspaper, bubble wrap, or extra ice packs.
• LIDS LEFT OPEN at room temperature = Disaster waiting to happen
If you pack a box and leave the lid open or loose while it sits at room temperature (even for a few minutes), hot air gets trapped inside when you seal it. That trapped hot air then works against your frozen goods during the entire journey. Always seal boxes immediately after packing, preferably in a cold environment.
BEST PRACTICE CHECKLIST:
For the best protection of your frozen goods:
- Use virgin double-walled cardboard boxes
- If using polystyrene, pack it FULL and include plenty of ice packs
- Pack in a cold room or cold environment when possible
- Seal boxes immediately after packing
- Don’t leave packed boxes sitting at room temperature before we collect
- Label boxes clearly as “FROZEN” on the outside
OUR RESPONSIBILITY VS YOUR RESPONSIBILITY:
Here’s the important part: We maintain -12°C in our trucks with proper temperature monitoring (Cold Watch/SANAS verified). However, even in our cold trucks, poor packaging can cause problems:
- Poor thermal barriers let heat in
- Trapped hot air works against the cold
- Missing ice packs in polystyrene boxes
- Damaged or weak boxes that collapse
We cannot be held liable for temperature deterioration that results from your packaging choices. This is separate from our obligation to maintain proper truck temperatures during transport.
Think of it this way: We provide the cold environment, but your packaging is the protective layer that keeps your specific goods frozen within that environment.
4. WHAT WE NEED FROM YOU
To provide great service, here’s what we need:
4.1. CLEAR BOOKING DETAILS
Fill in all booking information clearly and completely. We might delay or refuse delivery if information is missing.
4.2. FOLLOW THE RULES
Please follow Section 2 (what we can’t transport) and Section 3 (packaging requirements). Make sure everything is legal to transport and properly labeled.
4.3. COUNT YOUR ITEMS
When we collect your goods, please tell us how many boxes/items there are. If you don’t provide this information, we’ll accept the goods “as is” without liability for missing items later.
4.4. KEEP YOUR ACCOUNT CURRENT
Please pay your invoices on time and keep your account up to date.
4.5. DELIVERY CHARGES
You’re responsible for all delivery charges according to your booking.
4.6. VEHICLE DAMAGE
If you, your staff, or your representatives damage our vehicle, you’ll be charged for repairs.
4.7. COLLECTION FROM INSTITUTIONS
If we’re collecting from somewhere that needs vehicle and driver details in advance (like a hospital or warehouse), please ask us for these details in good time and notify the institution before we arrive. Otherwise, we might have to reschedule.
4.8. DON’T PROMISE DELIVERY TIMES ON OUR BEHALF
Please don’t tell recipients specific delivery times. Only we can provide estimated time slots, and these are estimates only (see Section 1 – Definitions).
5. WHAT WE’LL DO FOR YOU
Here’s what you can expect from us:
5.1. WE CHOOSE WHICH JOBS WE TAKE
We reserve the right to decline any delivery request. We also reserve the right to decline requests for dedicated trucks or after-hours delivery.
5.2. TEMPERATURE MAINTENANCE
Our freezers run at -12°C throughout your delivery (see Section 12 for more details about how this works).
5.3. PROOF OF DELIVERY
When we deliver to the address on your booking, that’s considered proper delivery and we’ve completed our job.
5.4. IF DELIVERY FAILS
If we can’t deliver (recipient not home, wrong address, recipient refuses delivery, etc.), we’ll try to return the goods to you. You’ll pay for the return delivery and any storage costs.
5.5. REDELIVERY CHARGES
If you ask us to try delivering again, you’ll pay for the second delivery attempt.
5.6. IF WE CAN’T RETURN GOODS
If we genuinely can’t return goods to you despite trying, we can sell them to cover our costs, or dispose of them appropriately.
5.7. YOU’RE STILL LIABLE FOR COSTS
Even if we have to dispose of goods, you’re still responsible for all our costs and charges.
5.8. WE DON’T COUNT ITEMS
We don’t count boxes during collection unless you tell us the number (see Section 4.3). If you don’t provide numbers, we accept goods “as is.”
5.9. HALAAL AND NON-HALAAL GOODS
We load Halaal and non-Halaal items together in the same truck. If you need them separated, please book a dedicated truck.
5.10. DANGEROUS OR PROHIBITED GOODS
If we discover prohibited or dangerous goods (see Section 2), we can remove, destroy, or otherwise deal with them to protect everyone’s safety. We won’t compensate you for this.
6. PAYMENT
6.1. HOW TO PAY
All payments are by electronic bank transfer (EFT) according to your account terms.
6.2. WE CAN CHANGE TERMS
We can change payment terms at any time.
6.3. ELECTRONIC DOCUMENTS
We send all documents electronically (no paper copies). You can always request copies from us.
6.4. DON’T WITHHOLD PAYMENT
You can’t refuse to pay because you received electronic documents instead of paper ones.
6.5. LATE PAYMENT
If you don’t pay on time, we can suspend all services until you’ve paid everything you owe. This doesn’t affect any other rights we have to recover the money.
6.6. LEGAL COSTS
If we have to use lawyers to recover money you owe, you’ll pay all our legal costs and collection fees.
6.7. WE CAN HOLD YOUR GOODS
We can hold your goods as security for any unpaid fees. We’ll keep them until you’ve paid.
6.8. ACCOUNT SUSPENSION
If you owe us money, we can suspend your account without further notice. This isn’t a breach of contract – it’s our right to protect our business.
7. FEES AND CHARGES
7.1. OUR PRICING
We charge according to our published fee schedule. We don’t have to provide a detailed breakdown.
7.2. PRICE CHANGES
Our prices can change at any time. We’ll always make updated pricing available to you.
7.3. WHEN PAYMENT IS DUE
Fees are due on the day of collection, unless we’ve given you written payment terms.
7.4. INSURANCE NOT INCLUDED
All prices exclude insurance unless we specifically say otherwise.
7.5. YOU’RE ALWAYS LIABLE
Even if you’ve arranged for someone else to pay, you’re still ultimately responsible for the fees.
7.6. TIME SLOT CHARGES
If a storage facility or warehouse requires an empty truck before they’ll release goods, extra charges apply.
7.7. WEIGHT LIMIT
Maximum 60kg per delivery (no matter how many boxes). Heavier consignments incur a surcharge.
8. DELIVERY TERMS
8.1. WE’LL DO OUR BEST
We’ll deliver during Standard Operating Hours according to your booking. We’re not responsible for delays caused by things beyond our control (traffic, weather, etc.).
8.2. IF WE CAN’T DELIVER
If we can’t deliver for reasons outside our control, we can return, store, sell, abandon, or destroy the goods after 5 days (counting delivery day as day 1). You pay these costs.
8.3. PROVIDE ACCURATE RECIPIENT DETAILS
Give us the correct name, address, mobile number, and email for the recipient. Wrong details cause delivery delays – see Section 14 about our communication system.
8.4. INCORRECT DETAILS
We’re not liable for delivery problems caused by incorrect recipient information.
8.5. DELIVERY TO SOMEONE ELSE
We’re not liable if goods are delivered to someone other than the intended recipient because they weren’t available.
8.6. RECIPIENT REFUSES DELIVERY
If the recipient refuses delivery or we can’t find them because of wrong address details, you’ll pay all return costs.
8.7. PERISHABLE GOODS DISPOSAL
If we have to dispose of perishable goods (because they can’t be returned or are starting to thaw), we’re not liable. You’ll pay disposal costs.
8.8. ACCURATE INFORMATION
You guarantee that all information you give us is accurate. You’ll compensate us for any problems caused by inaccurate information.
8.9. PROOF OF CONDITION
You must prove what condition goods were in when we collected and delivered them.
8.10. SIGNED PROOF OF DELIVERY
When the recipient signs for delivery, that’s proof the goods were delivered in good condition (unless they note otherwise).
9. RISK AND LIABILITY
9.1. YOU INDEMNIFY US
You indemnify us (protect us from claims) if problems arise from your failure to follow these terms, insurance requirements, or legal requirements.
9.2. LIMITATION OF LIABILITY
This section sets out our maximum liability under South African law:
9.2.1. Subject to the Consumer Protection Act 68 of 2008 and other applicable law, you acknowledge that goods are transported at your risk.
9.2.2. Except for cases of our gross negligence, fraud, or willful misconduct, our maximum liability for loss or damage during carriage by our own vehicles is limited to R15.00 per kilogram of affected goods, or the insured value if you arranged insurance (Section 10), whichever is lower.
9.2.3. This limitation does NOT apply to:
- Death or personal injury caused by our negligence
- Loss caused by our gross negligence, fraud, or willful misconduct
- Any liability we cannot legally exclude under the Consumer Protection Act
9.2.4. For carriage by third-party carriers (Section 19), we have no liability – your claim is against the carrier directly.
9.3. NO CONSEQUENTIAL DAMAGES
We’re never liable for consequential losses, special damages, or loss of earnings. You indemnify us against such claims.
9.4. THINGS BEYOND OUR CONTROL
We’re not liable for losses caused by circumstances beyond our control.
9.5. STATUTORY LIABILITY
Despite these limitations, we remain responsible for anything we’re legally required to be liable for under South African law.
10. INSURANCE
10.1. INSURANCE IS EXTRA
Insurance costs extra. If you want insurance, tell us the value of your goods when booking, and we’ll add the premium to your fee. You’ll also pay any insurance excess if you make a claim.
10.2. HOW TO GET INSURANCE
Insurance MUST be requested BEFORE we collect your goods. Tell us you want insurance and declare the value clearly on your booking form.
10.3. GENERAL INSURANCE POLICY
We might insure multiple customers’ goods under one general policy, so the insurer’s premium might differ from what you pay us.
10.4. INSURANCE DISPUTES
If the insurer disputes a claim, your argument is with them, not us. We arrange insurance as your agent – we don’t guarantee payment.
10.5. NO GUARANTEE OF FULL COVERAGE
We don’t guarantee insurance for the full amount you request. Ask about insurance coverage limits before booking.
10.6. YOU CAN USE YOUR OWN INSURANCE
You’re not required to use our insurance. You can use your own insurance or any other policy you prefer.
10.7. THIRD-PARTY CARRIER INSURANCE
Important: Insurance we arrange only covers the portion of delivery done by our own trucks.
Long-distance deliveries using third-party carriers are covered by their own insurance arrangements (not ours). Ask us in advance if your delivery will use third-party carriers so you can check their insurance coverage.
We don’t guarantee that third-party carriers have the same insurance coverage we do.
11. GENERAL TERMS
11.1. OUR TERMS TAKE PRIORITY
These terms and conditions override any special terms on booking forms or orders.
11.2. THIRD-PARTY TERMS
Our terms take priority over any terms from subcontractors, transport partners, cold storage facilities, or air cargo partners.
However, when we use subcontractors or third-party carriers, if their terms have more restrictive liability limits than ours, their limits apply to their portion of the delivery. By booking deliveries that require subcontracting, you accept this.
11.3. NOTICES
We’ll use the addresses you give us in writing for all official notices.
11.4. DISPUTE RESOLUTION
If we have a dispute, we both agree to use an arbitrator under Arbitration Foundation of Southern Africa (AFSA) rules. Arbitration will take place in Johannesburg in English.
11.5. YOU OWN THE GOODS
You guarantee that you own the goods or have proper authorization from the owner. This guarantee applies every time you use our service.
11.6. TRUE INFORMATION
You guarantee that all information you give us is true, correct, and complete.
11.7. BEING FLEXIBLE DOESN’T WAIVE OUR RIGHTS
If we’re flexible about enforcing these terms sometimes, that doesn’t mean we’ve given up our rights permanently.
11.8. SEVERABILITY
We’ve tried to make sure these terms comply with all legal requirements. If any part is found to be unenforceable, we’ll try to adjust it to make it work within legal limits. If we can’t, that part is deleted but everything else remains valid.
11.9. SEPARATE CLAUSES
Each clause stands alone. If one clause is invalid, it doesn’t affect the others.
11.10. ENTIRE AGREEMENT
These written terms are the complete agreement between us. Nothing else applies unless it’s written here.
11.11. RIGHTS DON’T EXPIRE
Just because we don’t enforce a right immediately doesn’t mean we’ve lost that right. For example, if we give you extra time to pay once, that doesn’t mean you automatically get extra time in future.
12. HOW WE CONTROL TEMPERATURE
Understanding how frozen food delivery works will help you get the best results.
12.1. OUR SET TEMPERATURE
Our trucks run at -12°C. The refrigeration units maintain this temperature – they don’t freeze things down, they just maintain the temperature of already-frozen loads.
12.2. DIFFERENT PRODUCTS FREEZE AT DIFFERENT TEMPERATURES
Every product has its own freezing point depending on its ingredients. One product might freeze at -5°C, another at -18°C. See Section 15 for a detailed explanation of the science.
12.3. MULTIPLE DELIVERIES = DOORS OPENING
Our business model involves multiple deliveries per route, so truck doors open and close frequently. This is normal for frozen food delivery (just like supermarket deliveries). If your goods are extremely sensitive to brief temperature changes, you’ll need to book a dedicated truck.
12.4. POORLY FROZEN GOODS AFFECT OTHERS
If your goods aren’t properly frozen or poorly packaged, they can release heat and affect other customers’ goods in the same load. For this reason, we reserve the right to refuse goods that aren’t frozen solid or are inadequately packaged.
12.5. PACKAGING CREATES THERMAL BARRIERS
Any packaging (boxes, pallets, wrap) creates insulation. This means goods won’t freeze down further during transport – they’ll just stay at whatever temperature they already are. This is why Section 12.6 is so important.
12.6. GOODS MUST BE FROZEN SOLID BEFORE COLLECTION
Critical: Your goods must be at “Solid Cooling Phase” (completely frozen solid) BEFORE we collect them. We maintain frozen temperatures, but we DO NOT freeze goods down during transport.
12.7. THIRD-PARTY CARRIERS
The same rule applies to long-haul carriers – they maintain temperature, they don’t freeze down goods. Your goods must be frozen solid before they’re dispatched via any carrier (road or air freight).
12.8. OUR TEMPERATURE MONITORING AND COMPLIANCE
We take temperature control seriously and maintain professional standards:
12.8.1. All our trucks have SANAS-verified Cold Watch temperature monitoring systems that continuously record and monitor freezer temperatures during every delivery.
12.8.2. All our trucks hold valid Certificates of Acceptability as required for transporting temperature-controlled goods.
12.8.3. All our freezer units undergo regular SANAS verification and hold current calibration certificates.
12.8.4. We can provide temperature monitoring data for your delivery upon reasonable request if you need verification.
12.8.5. Important note: These monitoring systems and certifications apply to our own trucks only. Third-party carriers used for long-distance routes may have different monitoring systems (see Section 19).
13. HOW WE MEASURE PRODUCT TEMPERATURE
If there’s ever a dispute about temperature, here’s how product temperature must be measured:
13.1. INVASIVE MEASUREMENT ONLY
The only acceptable method is invasive (destructive) measurement using a probe.
13.2. REGULATORY REQUIREMENT
The product must be physically penetrated by a calibrated and certified temperature probe or needle, as required by Regulation R638 (Regulation Governing General Hygiene Requirements for Food Premises & The Transport of Goods).
13.3. NO OTHER METHODS ACCEPTED
We don’t accept other measurement methods (like infrared guns or surface temperature) for dispute resolution.
13.4. YOUR RESPONSIBILITY TO PROVE
You must prove the actual product temperature using proper invasive measurement.
13.5. OUR LIABILITY FOR TEMPERATURE
We’re only liable for temperature deterioration if you can prove we were negligent during the period from collection to delivery, using the measurement method in this section.
13.6. SPECIFIC TEMPERATURE REQUIREMENTS
If you need a specific temperature (other than our standard -12°C), you’ll need to book a dedicated truck.
14. HOW WE COMMUNICATE
We use technology to keep everyone informed throughout the delivery process.
14.1. COMMUNICATION TECHNOLOGIES
We use:
- WhatsApp instant messages
- SMS text messages
14.2. DELIVERY STATUS UPDATES
Recipients receive updates for:
- Delivery Scheduled
- Delivery Dispatched
- Delivery En Route
- Delivery Completed or Failed
- Collection Scheduled
- Collection Dispatched
- Collection En Route
- Collection Completed or Failed
- Confirmation sent to you (the sender)
14.3. COMPLETE CONTACT DETAILS REQUIRED
This is why we need complete, accurate mobile numbers and email addresses for recipients in your booking.
14.4. POPIA COMPLIANCE
All data is collected and used only for delivery purposes, in full compliance with the Protection of Personal Information Act (POPIA). We respect your privacy and your recipients’ privacy.
15. UNDERSTANDING PROPER FREEZING FOR TRANSPORT
Important: Please read our comprehensive guide before dispatch.
15.1. FREEZING IS NOT INSTANT
Properly freezing goods for transport takes much longer than most people think. Freezing involves 5 distinct thermodynamic phases, and all 5 phases must be completed before goods are ready for transport.
Minimum freezing times:
- Small items (500g): 24-36 hours
- Medium items (2-3kg): 48-60 hours
- Large items (5kg+): 72-96 hours
- Palletized goods: Add 48-72 hours after packing
15.2. THE 5 PHASES OF FREEZING (SUMMARY)
All frozen products go through these phases:
Phase 1 – Liquid Cooling: Product cools to freezing point
Phase 2 – Nucleation: Ice crystals begin forming
Phase 3 – Recalescence: Rapid crystal growth
Phase 4 – Freezing: Product becomes solid throughout
Phase 5 – Solid Cooling (Tempering): Product reaches -18°C throughout ⭐
CRITICAL: Phase 5 is where most people stop too early. Your goods must reach -18°C from surface to center (not just “feel frozen”). This is called “Solid Cooling Phase” or “tempering” and often takes as long as all previous phases combined.
15.3. WHY PHASE 5 MATTERS FOR TRANSPORT
Goods that complete only Phase 4 (solid but not tempered) are still warmer in the center than the outside. During transport, even in our perfect -12°C trucks, these goods will thaw from the inside out.
Example:
- Goods at Phase 4: Center at -8°C, edges at -18°C → Will thaw during transport
- Goods at Phase 5: Uniform -18°C throughout → Arrives perfectly frozen
15.4. HOW TO TEST IF GOODS ARE READY
The only reliable test is using a calibrated temperature probe inserted into the CENTER of your product. It must read -18°C or colder. Surface temperature and “feels frozen” are not reliable indicators.
15.5. FACTORS THAT AFFECT FREEZING TIME
Several factors dramatically increase freezing time:
- Packaging/insulation (can double the time needed)
- Poor air circulation in freezer
- High fat, salt, or sugar content in product
- Product volume and thickness
- Starting temperature
- Atmospheric pressure (altitude differences between cities)
15.6. YOUR RESPONSIBILITY
Before dispatching goods via the Courier or any other provider, products must have completed Phase 5 (Solid Cooling Phase) and reached -18°C throughout. “Frozen solid” on the outside does not mean transport-ready.
For complete information including:
- Detailed explanation of all 5 phases
- Real-world timeline examples for different products
- What blocks proper freezing
- Common mistakes and how to avoid them
- Day-by-day planning guides
Read our comprehensive article: Why “Frozen Solid” Takes Longer Than You Think: The Complete Science of Freezing for Transport
Understanding proper freezing preparation is essential for successful frozen food transport. We cannot be held liable for goods that were not properly frozen to Phase 5 before dispatch.
16. REGULATORY COMPLIANCE
16.1. YOUR LEGAL OBLIGATIONS
You must comply with all applicable laws and government regulations about packing, transporting, and delivering frozen goods. You must provide any documents required by law.
We’re not liable for losses caused by your failure to comply with legal requirements. You’ll compensate us for any expenses we incur because of your non-compliance.
17. SOUTH AFRICAN LAW APPLIES
17.1. JURISDICTION
This agreement is governed by South African law. Any disputes will be decided by the Gauteng High Court, Johannesburg.
18. FORCE MAJEURE (THINGS BEYOND OUR CONTROL)
18.1. EXCUSED FROM OBLIGATIONS
If we can’t fulfill our obligations due to circumstances beyond our reasonable control (like natural disasters, strikes, civil unrest, etc.), we’re excused from those obligations for as long as the circumstances continue.
19. THIRD-PARTY CARRIERS AND LONG-HAUL TRANSPORT
Important section – please read carefully if your delivery travels between cities.
19.1. WHEN WE USE THIRD-PARTY CARRIERS
For long-haul routes between main centres and hubs, we may use third-party long-haul carriers or transport operators. This helps us reach more destinations efficiently.
19.2. OUR OWN FLEET STANDARDS
When we transport your goods in our own trucks, we maintain these standards:
- SANAS-verified Cold Watch temperature monitoring systems
- Valid Certificates of Acceptability for all vehicles
- SANAS-verified and calibrated freezer units with current certification
19.3. THIRD-PARTY CARRIER STANDARDS
When we use third-party carriers:
19.3.1. We use reasonable care to select carriers who operate proper temperature-controlled vehicles for frozen goods.
19.3.2. However, we don’t guarantee that third-party carriers have the same monitoring systems, certifications, or temperature control protocols as our own fleet. They operate to their own standards.
19.3.3. Third-party carriers operate under their own terms and conditions, procedures, and insurance.
19.4. OUR LIABILITY WHEN THIRD-PARTY CARRIERS ARE INVOLVED
This is the key section:
19.4.1. Once we hand your goods to a third-party carrier, those goods are in that carrier’s sole care and control.
19.4.2. We are not liable for any loss, damage, delay, or temperature problems that occur while goods are with the third-party carrier.
19.4.3. This applies regardless of what caused the problem, including:
- Temperature control failures
- Transit delays
- Vehicle breakdowns
- Accidents or collisions
- Theft
- The carrier’s negligence
19.4.4. You acknowledge that we’re arranging third-party transport as your agent/intermediary. Any claims must be made directly against the third-party carrier, not us.
19.4.5. You indemnify us (protect us) from any claims arising from third-party carrier actions or negligence.
19.5. EXCEPTION FOR OUR GROSS NEGLIGENCE
Despite Section 19.4, we remain liable if we were grossly negligent or acted with willful misconduct in choosing the third-party carrier. Even then, liability is limited as set out in Section 9.2.
19.6. NOTIFICATION
19.6.1. Where practical, we’ll tell you if your delivery will use third-party carriers for part of the journey.
19.6.2. By booking delivery services for routes between main centres or hubs, you acknowledge that third-party carriers may be used and you accept the limitations in this section.
19.7. WE’LL HELP WITH CLAIMS
We’ll help you identify which third-party carrier handled your goods and provide their contact details, but we’re not obliged to take legal action against them on your behalf.
20. CLAIMS PROCEDURE
If something goes wrong, here’s how to make a claim:
20.1. TIME LIMITS FOR CLAIMS
You must submit claims in writing within:
- 24 hours from delivery date for delivered items, or
- 7 days from scheduled delivery date for non-delivered items
20.2. WHAT TO INCLUDE WITH YOUR CLAIM
All claims must include:
- Original booking confirmation and waybill
- Signed Proof of Delivery document
- Proof of value (invoice or purchase order)
- Detailed description of the problem
- Photos of damage (if applicable)
- For temperature claims: Invasive temperature probe readings using calibrated certified equipment (as per Section 13.2)
20.3. TEMPERATURE DATA FROM OUR TRUCKS
20.3.1. For claims about our own trucks, we can provide Cold Watch temperature monitoring data for your delivery. Temperature logs are only kept for 30 days.
20.3.2. Cold Watch data from our SANAS-verified systems is considered proof of the temperatures we maintained during your delivery.
20.3.3. Important: We don’t have temperature data for third-party carrier portions of deliveries (see Section 20.6).
20.4. INVESTIGATION TIME
We’ll investigate valid claims within 7 days of receiving complete documentation.
20.5. LATE CLAIMS
If you miss the time limits in Section 20.1 or don’t provide the documentation in Section 20.2, you cannot make a claim against us.
20.6. THIRD-PARTY CARRIER CLAIMS
This is important if your delivery used long-haul carriers:
20.6.1. When your goods travel with third-party carriers (for long-haul routes between main centres), any claims for loss or damage during that portion of the journey are subject to that carrier’s own terms and conditions and their claims procedures, not ours.
20.6.2. Each third-party carrier has their own:
- Claim submission requirements
- Claim time limits (which may be different from ours)
- Required documentation
- Liability limitations
- Investigation and settlement procedures
20.6.3. We’ll help you identify which carrier handled your goods and provide their contact details and claims information where we have it, but we can’t control their response times or claim outcomes.
20.6.4. You acknowledge that by using our services for routes requiring third-party carriers, you accept that such claims will be governed by the third-party carrier’s terms, not ours.
20.6.5. We recommend asking us before booking whether your delivery will involve third-party carriers, so you can understand whose terms will apply.