Revised: October 01, 2024
Claims Policy & Procedures
NOTICE: FAILURE TO COMPLY WITH THE FOLLOWING POLICY MAY RESULT IN A CLAIM DENIAL. ANY
UNAUTHORIZED DEDUCTIONS WILL BE DENIED.
Kem Foods Ltd. intends to investigate all discrepancies and claim issues thoroughly and in a
timely manner. No claim or allowance will be considered if not reported on time.
GENERAL TERMS
Ingredients: For all the fresh and frozen products, the box label is always the overriding declaration of ingredients.
Unloading: For delivered sales, the terms are FOB truck at customer’s dock. All unloading, handling and/or lumper charges are for the customer’s account, unless other terms were previously negotiated via a separate written agreement.
Product age upon arrival: Kem Foods Ltd. will not accept rejections for products that are less than 30 days from the date of production upon arrival to the customer, unless a prior written agreement was made.
CLAIM TERMS
If you are calling outside Kem Foods Ltd. normal business hours, please leave a voice mail and release the carrier. Also please send an email to info.kemfood@gmail.com and your salesperson. A Kem Foods Ltd. representative will return your call by noon the next business day.
Upon notification, Kem Foods Ltd. will assign a reference number to your individual claim. Please keep these numbers for your records. The assignment of this number does not signify approval of your claim but will be used as a reference to track the progress.
Kem Foods Ltd. claims department, and your salesperson, must be notified immediately upon delivery of orders with seal discrepancies, short/over cases, damaged cases, refused product, missing box labels and/or temperature issues and the driver must be provided with the same information, if applicable. Product shall never be rendered or disposed of without the prior written consent of Kem Foods Ltd.
Prior to unloading the trailer, it is the responsibility of the customer to verify that the seal on the trailer is correct and has not been altered or tampered with. Once the trailer door is opened, a visual inspection of the load from the tail end must take place noting any damaged boxes, tipped pallets, or product that has slid off the pallet during transit. If there are any visible discrepancies, pictures must be taken with the driver present and prior to unloading the product. All rejected products at time of delivery, for reasons other than damaged boxes, must be placed back on the original carrier as soon as possible, unless otherwise written approval is given by Kem Foods Ltd.
Crushed & Damaged Cases
The total quantity of product received.
Pictures must be taken showing each box label, as well as the area of box damage, on all damaged
cases. This must take place prior to the carrier leaving and must be noted on the BOL.
If pictures are not provided, the claim will be denied.
The BOL must have the following information documented on it:
The type of damage and number of boxes damaged.
For damaged cases, if the problem is visible upon opening of the trailer doors, the driver must be notified,
and pictures are required prior to unloading. A picture of each box and label must be taken as the product is
being offloaded to file a claim. Once the product has entered the customer’s warehouse, no claims for
damaged boxes will be accepted. To file a damaged case claim, it must be clear that the problem occurred
while the product was in Kem Foods Ltd. possession. A notation should be made on the B/L of the problem,
noting the damaged box count, and the boxes should be held by customers for approximately 24 hours while
Kem Foods Ltd. plans for their disposition. The B/L shall show the number of boxes in question as
received with damage and the carrier should be released.
Quality Claims
All product quality and internal packaging claims must be reported within the shelf life of the product,
which appears as a date on the on the box label under the title CAD, but not later than when the product is
either moved from the customer’s original receipt location or the box is opened. You must be able to
substantiate that the product was always in your possession, handled appropriately, and the proper cold
chain was maintained always.
Claims are approved for Kem Foods Ltd. product only. No added penalties, fines, charges, or fees will be
approved. If other ingredients are involved in a loss due to further processing of Kem Foods Ltd. product
(i.e. spices, meats, other products etc.,) those costs may not be honored. Claims after processing/cooking
may not be honored.
The client must notify the Kem Foods Ltd. Claims Department, and the salesperson, immediately
upon receipt of your invoice if there are any discrepancies regarding price, quantity and/or product
description. All claims must be made in writing to the following e-mail address
info.kemfood@gmail.com with a copy to your sales representative.
Contact Information
All claims discovered after the product is received, please e-mail to: (as well as to your sales
rep) info.kemfood@gmail.com | Tel: +1 (800) 228-1063 / 647-702-2023
Note: Kem Foods Ltd. has the right to request additional information depending on the
type of claims
Will-Call Orders
Kem Foods Ltd. does not honor any claims for will-call orders (re picked up by customer’s truck at
Kem Foods Ltd. warehouse) except for product spec issues. Kem Foods Ltd. reserves the right to
send a representative to investigate and resolve any claim. At least 3% of unopened boxes of the
product in question must be presented for inspection per SKU, plant, and PO#. Any claims related
to temperature issues or crushed boxes will not be accepted.
Claims for Short Weight or Missing Pieces
Short weight or missing pieces in sealed or opened boxes must be claimed within 7 days
of receipt of product and at least 5% of unopened boxes from the shipment must be
present for inspection.
Upon notification, Kem Foods Ltd. will decide if a representative will be sent to conduct an
audit.
The customer must provide a copy of the scale calibration certificate from the Dept. of
Weights & Measures.
Claims for Short Cases
The Bill of Lading must be signed noting any discrepancy of product shortages by product
code.
Kem Food Ltd. does not accept “Subject to Count” stamps as a substitute for count at
delivery.
Pictures of the partial pallets showing the missing boxes are required.
Claims for Short Cases
- Any issue with temperature must be dealt with prior to the carrier leaving the premises.
- All temperature problems must be documented on the BOL at the time of product receipt
and prior to the driver leaving the premises. - The customer must verify and document the setting of the reefer as well as cycles.
- Any temperature recorder present must be returned to Kem Foods Ltd. unopened for
review. - Product must be thoroughly checked for temperature. This will consist of products from
the nose, tail, middle and bottom of the pallets, totaling 8 boxes per load. A calibrated
thermometer must be used.