I ordered two cases of Bordeaux in February. The retailer shipped them via Ground. The truck got stuck in a blizzard in Montana for two days. When the box arrived, the corks were protruding an inch out of the neck, and frozen red slush was leaking down the side. The wine was ruined. The retailer said, “You didn’t pay for the Winter Hold.”
Key Takeaways
- Retailer Liability vs. Yours: If the retailer advised against shipping and you said “Ship it anyway,” the liability is yours. If they shipped it without checking the weather, it’s on them.
- “Temperature Change” Exclusion: As with heat, standard policies exclude damage caused by temperature extremes unless you have a specific endorsement or a “Voyage Policy.”
- Visual Proof is Key: You must photograph the pushed corks immediately. Once they thaw and slide back in (mostly), it’s hard to prove.
- Salvage is Zero: Frozen wine is chemically altered (tartrates precipitate). It is a total loss.
The “Why” (The Trap)
The trap is “Transfer of Title.”
Most winery purchases are “FOB” (Free on Board) the Winery. This means you own the wine the moment the shipping carrier picks it up. If it freezes in the FedEx truck, it’s your frozen wine, not the winery’s. The carrier (FedEx/UPS) excludes coverage for perishables.
The Investigation (I Called Them)
I checked the shipping terms of major wine retailers.
Wine.com / K&L Wines
- Policy: They offer “Weather Holds.” If you bypass the hold, you sign a waiver releasing them from liability for weather damage.
The Carrier (UPS/FedEx)
- Policy: “We do not offer liability coverage for spoilage of perishable commodities caused by temperature exposure.”
My Insurer (Voyage Endorsement)
- Policy: If I had purchased “In-Transit” coverage, freezing is a covered peril if the goods were packed professionally.
Comparison Table
| Who is Liable? | Scenario |
| Retailer | If they shipped during a “No Ship” window without your permission. |
| Carrier | Almost Never (Temperature excluded). |
| You | If you declined “Winter Hold” or “Expedited Shipping.” |
| Insurer | Only if “All-Risk Transit” coverage was purchased. |
Step-by-Step Action Plan
- Inspect Immediately: Do not let the box sit. Open it.
- Photograph the Corks: You need the photo of the cork pushing against the foil.
- [IMAGE: Photo of a wine bottle neck with the cork pushing the foil capsule up (pushed cork)]
- Check the Tracking: Proving the truck was delayed in a blizzard helps your case if you have transit insurance. It proves the loss was “fortuitous” (the blizzard) rather than just negligence.
- Taste One: If the cork only moved 1mm, the wine might be okay. But for insurance, claim the total loss.
FAQ
Does freezing actually ruin the wine?
Yes. It forces the cork out (breaking the seal) and precipitates tartaric acid crystals, changing the balance of the wine.
Can I fix it?
No. Once the seal is broken, oxidation begins.