A Plain-Language Guide to Cold Chain Liability in South Africa

Disclaimer: This article explains what typical cold chain carrier terms and insurance policies say, based on actual documents we work with daily. It is not legal advice. Consult your insurance broker or attorney for your specific situation. But if you’re shipping frozen goods and haven’t read your carrier’s terms and conditions, you need to understand what you’re signing up for.

The Assumption vs. The Reality

You sell artisan ice cream online. A customer in Durban orders R2,400 worth of your premium gelato. You book a courier, they collect your perfectly frozen product at -18°C, and three days later it arrives as expensive soup. The customer demands a refund. You contact the courier expecting them to cover the loss.

Then you discover something uncomfortable: your shipment may have zero coverage.

This isn’t hypothetical. It’s what happens when e-commerce businesses assume “insured courier” means comprehensive protection. The reality is far more complicated, and understanding it before your first claim could save your business.

The 19 Pages Nobody Reads

When you book a courier, you tick a box accepting their terms and conditions. For temperature-controlled long-haul transport in South Africa, those terms can run to 19 pages of dense legal text. Here’s what’s actually buried in there.

Product Exclusions

Many carriers explicitly exclude certain frozen products from coverage on consolidated (Less Than Load) shipments. One major South African cold chain carrier’s terms state that the following items travel “at Customer’s own risk” on LTL shipments:

• Ice cream
• Frozen yogurt
• Ice lollies
• Fresh fruit, vegetables, herbs, and fish
• Frozen croissants

Read that again. If you’re shipping artisan ice cream via a consolidated service, the carrier may accept no liability whatsoever for temperature damage—unless the loss was caused by an accident, vehicle breakdown, or public unrest. Your R30,000 ice cream shipment that thawed because of inadequate refrigeration? Not their problem.

Temperature Variance Clauses

Consolidated loads combine multiple customers’ freight. Carrier terms often state that temperature variances of ±3°C are “deemed acceptable” for such shipments. If you’re shipping product that requires strict -18°C and it arrives at -15°C, the carrier may argue this falls within acceptable parameters—even if your product quality has been compromised.

The Claims Gauntlet

Even when your product isn’t excluded, making a successful claim requires navigating a procedural obstacle course:

1. Sample box procedure: Some carriers require a witnessed temperature reading at loading using a specific sample box procedure. Miss this step? Your claim may be void before the truck leaves your premises.
2. On-site reporting: Damage must often be reported while the driver is still present. If the recipient signs for delivery and the driver leaves, you may have waived your right to claim.
3. Shrinkwrap integrity: If palletized goods arrive with shrinkwrap intact, some carriers accept no claims—the assumption being that if the wrap wasn’t disturbed, the goods weren’t damaged in transit.
4. Documentation consistency: If the temperature on your booking portal, waybill, and pallet label don’t match exactly, claims can be rejected.
5. Invasive measurement only: Temperature disputes must be resolved using calibrated probe measurements that physically penetrate the product. Infrared guns and surface readings are not accepted. This is actually consistent with R638 regulations, but many shippers don’t realise it until they’re trying to prove a claim.

Liability Caps

When claims are accepted, compensation is typically capped at cost price—not retail value, not replacement cost, not consequential damages. One major carrier caps liability at R80,000 per pallet. Sounds generous until you’re shipping premium seafood worth R120,000.

And that cap applies only when the carrier accepts liability. For excluded products or procedural failures, the effective cap is R0.

Where Liability Changes Hands

Understanding who’s responsible for your frozen goods requires understanding where they are in the supply chain. A typical e-commerce frozen delivery might involve three distinct liability zones:

Zone 1: Collection to Hub

Your local courier collects from your premises and transports to a consolidation hub. During this leg, the collecting carrier’s terms apply. If that carrier has Goods in Transit (GIT) insurance with deterioration coverage, your goods may be protected.

Zone 2: Line-Haul Transport

Your goods transfer to a long-haul carrier for inter-city transport. Different carrier, different terms. The line-haul operator’s T&Cs now govern your shipment. This is where product exclusions, temperature variance allowances, and procedural requirements typically become most restrictive.

Zone 3: Last-Mile Delivery

At the destination hub, goods transfer to a local delivery carrier. Their terms now apply for the final leg to your customer.

The critical question: which carrier’s terms apply when something goes wrong? If your ice cream thawed during the line-haul leg, the line-haul carrier’s exclusions apply—not the terms of the courier you booked with.

What Standard Couriers Actually Promise

Most standard courier services operate on an “Owner’s Risk” basis. Their terms typically state:

• Goods are carried at sender’s risk
• Liability limited to R1,000-R2,500 unless premium coverage purchased
• Full liability coverage costs 2% of declared value
• Perishables excluded or severely limited
• “It is YOUR duty to obtain insurance” (actual wording from major courier T&Cs)

Standard couriers are not in the business of insuring your goods. They move parcels. The moment you hand over frozen product to a standard courier without specialist cold chain capabilities, you’ve accepted that risk sits with you.

The Insurance Layer

Professional cold chain operators typically carry Goods in Transit (GIT) insurance. But coverage varies significantly.

What GIT Insurance Typically Covers

• Accident and collision damage
• Theft and hijacking
• Fire and explosion
• Acts of nature

The Critical Add-On: Deterioration of Stock

Standard GIT policies often exclude temperature deterioration. A refrigeration unit failure that thaws your entire load may not be covered unless the carrier has specifically added “Deterioration of Stock” coverage to their policy.

Ask your carrier: “Does your GIT insurance include deterioration of stock coverage?” If they can’t answer definitively, assume it doesn’t.

Coverage Limits

Even with deterioration coverage, limits apply. A typical policy might cover R50,000 per load. If you’re shipping R80,000 worth of premium product, you have a R30,000 gap.

Policy excesses also apply—typically R2,500-R5,000 per claim. For smaller shipments, the excess might exceed your loss.

R638 Compliance: Your Claims Defence

Regulation R638 governs food transport in South Africa. Understanding it matters for claims because it establishes how temperature must be measured and documented.

Invasive Temperature Measurement

R638 requires that product temperature be verified using invasive (destructive) measurement—a calibrated probe physically inserted into the product. Surface temperatures and infrared readings are not compliant.

This matters for claims in two ways:

1. You must prove temperature: If you’re claiming goods arrived above temperature, you need invasive probe readings from calibrated, certified equipment.
2. The carrier must prove compliance: Professional carriers with SANAS-verified temperature monitoring can demonstrate they maintained correct temperatures throughout transport.

Documentation Requirements

R638 requires temperature records for food transport. Carriers operating compliant vehicles should be able to provide:

• Continuous temperature logs for your shipment
• Valid Certificates of Acceptability for vehicles
• Current calibration certificates for refrigeration units

If a carrier cannot provide this documentation, they may not be R638 compliant—which affects both their liability position and your regulatory exposure.

Seven Questions to Ask Before You Ship

Before booking frozen transport, ask your carrier these questions. Their answers will tell you whether you’re protected or gambling:

1. “Is my product type excluded from coverage?” Specifically ask about ice cream, frozen desserts, and any premium products you ship regularly.
2. “Will my shipment travel on a dedicated or consolidated load?” Consolidated loads have more exclusions and temperature variance allowances.
3. “Does your GIT insurance include deterioration of stock coverage?” Without this, refrigeration failures may not be covered.
4. “What’s your liability cap per shipment?” Compare this to your typical shipment values.
5. “Will third-party carriers handle any portion of my delivery?” If yes, whose terms apply during that leg?
6. “What’s your claims procedure and timeframe?” Some carriers require on-site reporting; others allow 24 hours. Know before you need to claim.
7. “Can you provide temperature monitoring data for my shipment?” Carriers with proper monitoring can prove their compliance; those without cannot.

How We Approach Liability

At The Frozen Food Courier, we’ve structured our terms and operations to provide clarity rather than complexity:

Plain Language Terms

Our terms and conditions are written in plain English. We explain what we do, what we don’t do, and where responsibility sits. No 19-page legal documents designed to obscure liability.

Transparent Third-Party Disclosure

When your shipment requires third-party carriers for long-haul transport, we tell you. Our terms explicitly state: “Once we hand your goods to a third-party carrier, those goods are in that carrier’s sole care and control.” We help you understand whose terms apply to each portion of your delivery.

No Product Carve-Outs

We don’t exclude ice cream, frozen desserts, or other temperature-sensitive products from our coverage. Frozen food is our business—all of it.

R638 Compliant Operations

All our vehicles carry SANAS-verified Cold Watch temperature monitoring, valid Certificates of Acceptability, and current calibration certificates. We can provide temperature data for any shipment upon request.

Clear Liability Structure

Our standard liability is R15 per kilogram of affected goods. We know this is modest—which is why we offer optional insurance for higher-value shipments. We’re upfront about the limits so you can make informed decisions about additional coverage.

Fast Claims Resolution

We investigate valid claims within 7 days of receiving complete documentation. Compare this to industry-standard 6-8 week processing times.

The Bottom Line

Cold chain liability is complicated. Multiple carriers, multiple terms, multiple liability zones, and multiple exclusions create gaps that most e-commerce businesses don’t discover until they’re filing a claim.

The solution isn’t necessarily to spend more—it’s to understand what you’re buying. Read the terms. Ask the questions. Know where your gaps are before your first thawed load forces you to find out.

Professional frozen food delivery costs more than standard courier services. Part of what you’re paying for is operational capability—mechanical refrigeration, temperature monitoring, R638 compliance. But you’re also paying for transparency: knowing exactly what’s covered, what isn’t, and who’s responsible when things go wrong.

In cold chain logistics, the cheapest option is rarely the most economical. A R75 delivery that leaves you holding a R15,000 loss isn’t a saving—it’s an expensive lesson in reading the fine print.