Produce leaving a Distribution/Storage facility by customer

Greetings,

I work with a Distribution/Storage facility that mainly handles produce. We have customers that will come to the warehouse for a "Will Call" of product, where they can call in an order and pick it up themselves. My question is, is there a "law" so to speak about this or is it a "Liability" issue on our part? When a customer does pick up the "will call" we have a section on their invoice to initial that the product picked up is at product temperature and temp is written down. Since they have signed their invoice and it then is basically owned by the customer, are  or can we be liable if the product picked up is not to temp once they arrive at their location? I have been told by other distributors that they do not allow the customer to pick up items but distributor will send a "Hot Shot" truck out to them if it is something they need now and can not wait for their next delivery day.

Just needing a better clarification on this issue.

Thank you

Hi Kay, we have in the past and are presently this week working with a company that has customers come in for smaller than "full load" orders a lot.  We are looking at how these smaller customers handle the product once they pick up, temperature control for instance, how would these vehicles (as small as small cars) be checked for cleaning, etc.

It is a real sticky wicket and we could go the route of running risk analysis's on each customer and how they pick up. However we are leaning more towards what we have done now in the past and that is what  you mentioned that other distributors are doing, running their own small truck or contracting with a hot shot that has been fully vetted.

This way you remove your liability.

1. you are not liable once it leaves your facility with signed paper work in hand-PROVIDED you have included this in your plan and the steps you take (e.g signed invoice with an indemnification clause)

2. Are you willing to take this risk??? 

Following the LAW and DOING THE RIGHT THING may not always line up the same