Delivery & Returns Policy

This policy explains how ETC AGRO LTD (“ETC Agro”, “we”) delivers agricultural commodities to business buyers, when risk passes to you, and what to do when your cargo arrives. It applies to every sale unless your signed sales contract says otherwise. Where the contract and this policy differ, the contract wins.

1. Who this policy is for

We sell in bulk to businesses: importers, processors, packers, distributors and traders. Most of our buyers are juristic persons to whom the Consumer Protection Act 68 of 2008 does not apply. If the Act does apply to you, nothing in this policy limits the rights it gives you.

2. Port of loading and Incoterms

Our standard port of loading is Durban Seaport, KwaZulu-Natal. We sell on the following Incoterms 2020 terms, named on each offer and contract:

FOB Durban: we deliver the goods on board the vessel you nominate in Durban. You arrange and pay for sea freight and insurance.
CFR (named port of destination): we book and pay sea freight to your port. You arrange insurance for the voyage.
CIF (named port of destination): as CFR, and we also arrange marine cargo insurance on at least Institute Cargo Clauses (C) for 110% of the invoice value, unless the contract requires wider cover.

Under all three terms, risk of loss or damage passes to you when the goods are on board the vessel in Durban. From that point, claims for loss or damage in transit are made against the carrier or the insurer, and we will give you the documents and reasonable help you need to do so.

Where an offer states a different port of loading, for example Dar es Salaam or Mombasa for certain East African origins, the same rules apply at that port.

3. Delivery timelines

Lead times on our website and offers are estimates measured from the date the contract is signed and the agreed payment terms are in place. Typical lead times run from 2 to 5 weeks to loading, depending on the product, grade and season. Sea transit times are set by the shipping line and are indicative only.

We will tell you promptly if a loading date is at risk. We are not liable for delay caused by events outside our reasonable control, including port congestion, vessel rollovers, adverse weather, industrial action, crop failure, epidemics, government action or changes to export rules. If a delay of this kind lasts longer than the period set in the contract, either party may cancel the affected shipment without penalty, and any advance payment for goods not shipped is refunded.

4. Shipping documents

We send draft documents for your approval before originals are issued. Standard documents are the Commercial Invoice, Packing List, Bill of Lading, Certificate of Origin, Phytosanitary Certificate and Certificate of Analysis, plus any product-specific or destination-specific certificates agreed in the contract. Original documents are released in line with the payment terms, by courier, through the banks under a Letter of Credit, or by electronic release where the carrier allows it.

5. Inspection on arrival

Please inspect the cargo as soon as possible after discharge and before it is mixed, processed or moved inland:

check container numbers and seal numbers against the Bill of Lading and Packing List;
photograph the container doors, seals and cargo as it is unloaded;
note any visible damage, shortage or wetting on the carrier’s or terminal’s delivery receipt;
keep the goods, packaging and any samples aside until a claim is resolved.

Quality and quantity claims must reach us in writing within the period stated in the contract. If the contract is silent, the period is 14 days from discharge at the port of destination, and 48 hours from container opening for fresh produce. The full claims process is in our Refunds & Returns Policy.

6. Weights

Invoiced weights are taken from the loading weight certificate issued in Durban, or from an independent surveyor’s certificate where the contract requires one. Natural loss in moisture during the voyage, within normal trade tolerances for the product, is not a shortage.

7. Electronic communications

In line with the Electronic Communications and Transactions Act 25 of 2002, offers, acceptances and contracts may be concluded by email or other electronic means. A quote request made on this website is an enquiry, not an order. A binding sale exists only once a sales contract is signed or an offer is accepted in writing.

8. Contact

ETC AGRO LTD, Etg House, 62 Wierda Road East, Sandton, Johannesburg, 2196, South Africa. Email salesmanager@etcagroltd.com, telephone and WhatsApp +27 (0)67 163 9326. Company registration 2006/010581/07, VAT number 4180228050.