As of now, we have not received the temperature records of the container. However, according to the report provided by the other party, "A temperature recorder with serial number 89314079 installed inside the container in question maintained values that fluctuated between -25.0°C and -10.0°C, the temperature being higher than the -23.0°C requested in the bill of lading." The other party believes that "the cargo, being under the responsibility of the Shipping Company, shows that the temperature fluctuated during transport between -23.0°C and -9.0°C from the days 57 to 58 for more than 24 hours, which caused the damage to the cargo."

We carefully examined the temperature records in the other party's report, which were recorded day by day. Brief periods of high temperatures (-17 to -9 degrees Celsius) were recorded on the 0th and 1st day, 38th, 40th, 41st, 43rd, 47th, 48th, 50th, 57th, and 58th day. Especially on the 61st and 62nd day, the temperature records were between -5 and 15 degrees Celsius, showing a continuous increase in temperature for more than 24 hours. Based on experience, this is usually caused by temporary power outages during container transfers, such as loading, unloading, and transportation to the terminal. We compared the time points with the container's trajectory, and according to the comparison, the 0th day in the temperature record should be around July 14, 2022, the 57th and 58th day should be around September 7, 2022 (when the container was unloaded from the ship to the terminal and picked up by the consignee from the terminal after approximately 20 hours), and the 61st and 62nd day should be around September 11, 2022 (the container returned to the yard after being emptied).

It should be noted that the high temperature record on the 57th-58th day did not persist for more than 24 hours, as described in the report. There was a brief trough below the set temperature (-25 degrees Celsius) in the middle, which, considering the ambient temperature at that time, indicates that the container underwent at least one normal refrigeration cycle during that period. Therefore, based on this record, the continuous non-operation of the container's refrigeration equipment did not exceed 24 hours. In other words, the evidence relied upon by the other party to support their claim for insurance liability is insufficient to support their position. From this standpoint alone, we should not support the cargo insurance company's claim against us.

Furthermore, logically speaking, the abnormal temperature on the 61st-62nd day, in terms of both duration and magnitude, is more significant than the record on the 57th-58th day. Therefore, even if the damage is related to the temperature of the container on this voyage, the abnormal temperature on the 61st-62nd day should be considered first. At that time, the container should have already arrived at the consignee's warehouse, which is outside the insurance coverage and carrier's responsibility.

Moreover, the temperature record was taken by a temperature recorder placed inside the container by the shipper. Based on our experience, due to factors such as the placement of the recorder, the loading conditions inside the container, and its own accuracy, the recorded temperature does not necessarily reflect the actual refrigeration temperature inside the container, and the difference from the temperature of most of the cargo is even greater. Due to the significant difference in specific heat capacity between the cargo and the air, the temperature of the cargo does not change rapidly in a short period of time. According to experience, frozen cargo in a normal refrigerated container can maintain its temperature for several days without being frozen, even without refrigeration.

As mentioned above, the short-term temperature exceeding the set temperature inside the container may be caused by container transfers, which is in line with refrigerated container transport practices. Based on the temperature records provided by the other party, we speculate that the temperature inside the container was maintained at the set temperature throughout the entire voyage.

According to on-site inspections, the main issue with the shrimp is that some of the shrimp shells are red, which may be caused by high temperatures. However, no cases of the cargo not being frozen and the shrimp turning red have been found (excluding diseases). According to the temperature record, the highest temperature during transportation was approximately -9 degrees Celsius, and the duration should not exceed 5 hours. Therefore, there is no possibility of the cargo being unfrozen during transportation. In addition, due to the weak refrigeration capacity of the container, it is impossible for the container to refreeze the salt-frozen cargo if it is not in a frozen state. The on-site inspection found that the cargo was in a frozen state, which also indicates that the cargo could not have been unfrozen during transportation. Taking all these factors into account, we believe that the cause of the cargo damage is not related to the transportation process. It could be a quality issue with the cargo itself or a problem that occurred during the consignee's custody.

请翻译截止目前我们尚未收到集装箱的温度记录。但是根据对方报告记录A temperature recorder with serial number 89314079 installed inside the container in question maintained values that fluctuated between -250°C and -100°C the temperatur

原文地址: https://www.cveoy.top/t/topic/iq1D 著作权归作者所有。请勿转载和采集!

免费AI点我,无需注册和登录