Disputes concerning food, pharmaceuticals and other temperature-sensitive goods depend first and foremost on technical data.
Instructions and temperature records
For domestic road carriage, the standard contract for temperature-controlled carriage of perishable goods provides that the carrier is responsible for maintaining the ambient temperature inside the vehicle in accordance with the transport document or the customer’s written instructions.
The French Court of Cassation held on 9 February 2016 that failure to comply with the contractually agreed temperature constitutes damage to the goods, even where there is no visible physical deterioration.
The temperature record therefore becomes a key piece of evidence.
Identifying the applicable carriage regime
Relevant information includes the required temperature, the goods’ temperature at departure, refrigeration-unit and probe records, door openings, loading and unloading operations, and any specific instructions given to the carrier.
For international carriage, the CMR Convention also contains specific rules where the vehicle is specially equipped to protect the goods against heat, cold or temperature variations.
The issue is therefore more than simply recording a temperature excursion.
What instructions applied, when did the deviation occur and what legal consequences follow under the relevant carriage regime?
If your matter concerns a dispute involving temperature-controlled transport, contact the firm, which will get back to you to discuss your situation.