Although some recorder suppliers do not take their responsibility as seriously as others, it has become the role of the recorder company to act as an intermediary in disputes which may arise from incidental failure or lack of refrigeration in the flow of sensitive commodities from source to market.

Recorders are installed in refrigerated trucks and vans hauling fresh produce, prepared foods, pharmaceuticals, industrial chemicals and other temperature sensitive commodities. Although each of these trips and their associated commodities involve a variety of significant differences, the role of the transit recorder is always essentially the same. Since the bulk of recorder usage is with fresh, refrigerated produce, let's examine the specifics of that usage.

How do these recorders play a role in refrigerated transport of produce?

Almost all refrigerated shipments are made on the basis of a three party system: shipper-carrier-receiver. In the majority of perishable transactions, the receiver normally becomes "responsible" for the goods at the moment they are loaded into the van or truck.

The carrier (trucking company, for example) is typically the agent of the receiver, and is trusted with the maintenance of the goods at an agreed temperature.

The shipper will install the recorder at the request of the receiver and is responsible for loading goods at proper initial temperature.

The recorder evidence can be used to protect the receiver against temperature damage losses due to failure of either the shipper to load product at correct initial temperature or failure of the carrier to maintain proper in transit temperature. (The latter is perceived to be the most common.)

Why use a recorder instead of some device which is permanently installed in the transit container? The fact of the matter it that measurements which are taken by the carrier are potentially subject to bias and falsification, since they are taken by employees of the carrier, and not by a tamperproof and inanimate recording device. Since it is in the carrier's self interest to see to it that their measurements do not call into question the carrier's maintenance of temperature according to contractual obligations, their own written log, or other "owned" temperature record, is always subject to doubt.

This doubt is the entire basis of the third party aspect of self-contained temperature recorders--an industry which is responsible for monitoring over 1.4 million refrigerated trips annually (each with a self contained recorder aboard).

So, despite the existence of a variety of other means by which transit temperature may be determined, the shipping industry worldwide depends upon portable, transit recorder evidence to settle disputes. Other recordings, such as periodic measurements by transport personnel or permanently installed proprietary recorders have little relevance, since they do not conform to the ordinary requirements of evidence:

Impartiality

Performance by machine recording

Mediation by third party

These are the "big three" of effective recorder evidence.

In almost every instance, the temperature evidence is clear--appropriate temperatures were either maintained or they were not. The role of the temperature recorder company then becomes to verify and certify that the calibration of the instrument and recording are correct (see page: Post-Trip Certification). Attorneys or court papers are not a part of day-to-day negotiated claim settlements, and such legal involvement is rare.

Even though many millions of "monitored" trips have been made since the advent of the self-contained in-transit recorder, through its entire history, less than ten cases have been into a court of law. No case has ever been appealed, so there are no legal precedents to set predetermined procedures-there is no formula or endorsement of any type of recorder or type of temperature record. What is clear is that documentation and expert testimony are essential to successful use of recorder evidence in a court case or a case which threatens to go to court.

Although recorder evidence has been used in court, and will be used again in the future, there are no established rules for use of recorder evidence in a legal proceeding, due to the lack of precedent.

Although the number of court cases is small, what is really important is how cross examination in these cases was used to qualify the recorder evidence. Here are some points which we have been able to extract from the reading of court materials, and from extensive discussions with legal experts in such matters:

You must have serial number verification and complete shipping instructions. Our paperwork system links the chart and recorder. Completed shipping instructions-we call these the "info stubs"--usually attached to the recorder, will tie the recorder, the chart, and the load contents to the particular vehicle and carrier.

Certification and calibration of the recorder's performance must be provided with every claim.

Expert testimony should be provided by the recorder company. Global Sensors guarantees to provide an expert witness to verify the calibration method used in manufacturing and post-trip calibration.

All of our recorder customers receive a written pledge offering this essential service.

Aside from the legal issues, one important aspect of temperature recording which is often ignored is the recorder's role as an enforcer of good standards in transit refrigeration performance. Products and services which are designed to enforce correct performance or behavior through surveillance are all subject to misunderstanding. One good example is municipal law enforcement--the perfect law enforcement agency is one which makes no arrests because its deterring power is so great that no crimes are committed. It is faulty logic to conclude that--since no crimes are being committed, no law enforcement agency is required.

Recorders are silent enforcers of good performance. The infrequency of claims should be viewed as evidence of their good work, rather than a basis to consider them as not needed.