As of now we have not received the temperature records of the reefer container ONEU9019826 However according to the report provided by opposite A temperature recorder with serial number 89314079

As of now, we have not received the temperature records of reefer container ONEU9019826. However, according to the report provided by the opposite party, the temperature recorder installed inside the reefer container recorded fluctuating values between -25.0°C and -10.0°C, which is higher than the -23.0°C requested in the bill of lading. The opposite party believes that this temperature fluctuation caused damage to the cargo and holds the shipping company responsible.

Upon careful examination of the temperature records in the survey report provided by the opposite party, we found that there were brief instances of high temperatures (-17 to -9 degrees Celsius) on specific days, as shown in the attached figure. Particularly on days 61 and 62, the temperature records ranged from -5 to 15 degrees Celsius, indicating a continuous increase in temperature for more than 24 hours. Based on our experience, this is typically caused by temporary power outages during reefer container transfers, such as loading, unloading, and terminal operations. By comparing the time points of high temperature with the reefer container's trace, we determined that the temperature record on day 0 should correspond to around July 14, 2022, days 57 and 58 should correspond to around September 7, 2022 (when the reefer container was unloaded from the ship and taken delivery by the consignee from the terminal about 20 hours after unloading), and days 61 and 62 should correspond to around September 11, 2022 (devanning and returned to CY).

It is important to note that the high temperature record on days 57-58 did not continuously exceed 24 hours, as there was a brief period where the temperature dropped below the set temperature (-25 degrees Celsius). Considering the ambient temperature at that time, this indicates that the reefer container underwent at least one normal refrigeration cycle during that period. Therefore, based on this record, the continuous non-operation of the reefer container's refrigeration equipment did not exceed 24 hours. In other words, the evidence relied upon by the opposite party to support their position for insurance liability is insufficient. Just based on this point, we should not support the cargo insurance company's recovery claim against us.

Furthermore, it is logical to consider the abnormal temperature on days 61 and 62, in terms of both duration and degree, as more significant than the record on days 57 and 58. However, at that time, the reefer container should have already arrived at the consignee's warehouse, which is outside the insurance period and the carrier's responsibility.

Moreover, the temperature record provided is from a temperature recorder placed inside the reefer container by the shipper. Based on our experience, factors such as the recorder's placement, cargo stowage condition inside the reefer container, and its own accuracy can affect the recorded temperature, which may not necessarily reflect the actual refrigeration temperature inside the reefer container. Additionally, the temperature of the cargo may differ significantly from the recorded temperature due to the difference in specific heat capacity between cargo and air. Frozen cargo in a normal refrigerated reefer container can maintain its temperature for several days without freezing even when the reefer container is not refrigerated.

As mentioned above, short-term temperature fluctuations exceeding the set temperature inside the reefer container may be caused by reefer container transfers, which is common in refrigerated reefer container transportation. Based on the information provided, we believe that our principal did not violate the contract in terms of maintaining temperature control.

During the on-site inspection, it was observed that some shrimp shells were red, which could be a result of high temperature. However, the temperature record shows that the highest temperature during transportation was approximately -9 degrees Celsius, and the duration should not have exceeded 5 hours. Therefore, it is highly unlikely that the cargo thawed during transportation. Additionally, due to the weak refrigeration capacity of the reefer container, it is impossible for the cargo to refreeze. The on-site inspection confirmed that the cargoes were all in a frozen state, further indicating that the cargo could not have thawed during transportation. Based on the above, we believe that the cause of the damage to the cargo is not related to transportation, but rather may be a problem with the quality of the cargo themselves or an issue that occurred during the consignee's custody.