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08-04-2020, 12:48 PM
#1
Çevrimdışı
SEA PROTEST
Contents:
1. General notes
2. Statement of Sea Protest
3. Letter of protest due to cargo laded in bad or damaged condition
4. Cargo was damaged during or after discharging
5. Cargo quantity in dispute (non compliance of ship's and shore figures)
6. Cargo quantity unknown due to impossibility of checking
7. Bunkering - bad oil quality
8. Oil pollution while bunkering/oil transfere operations
GENERAL NOTES
During the course of a voyage if your vessel is or has experienced bad weather or any nature of extraordinary events and you fear that damage or loss may be caused to your vessel and/or cargo you must prepare a Note Of Protest and upon arrival and/or never after 24 hours having elapsed (not including holidays, Saturdays and Sundays) have it notarized at Notary Public.
We would like to clarify this subject and give you the following instructions/information:
 1/ ‘’Notes of Protest’’ should be made when and if you consider it of utmost  importance and necessity, not for the sake of doing so.  If for example there is a possibility of a  claim from another party to arise.
 2/  If you suspect that damage has been caused to the vessel only (i.e. through heavy  weather, touching bottom, striking locks etc.) there is no need for a ‘’Note Of Protest’’ to be issued same could be stated on a ‘’Statement of Facts’’.
 3/ When writing such a ‘’Note Of Protest’’ bear in mind that you must stick to the FACTS and only, keeping it as brief and as clear as possible. Same can be extended upon a later date if required. Also do not express any opinions whatsoever.  Such  statement of opinions may and do often lead to unnecessary complications and/or  confusion in a  later date.
 Furthermore due to the fact that Notary Publics around the world use various types/forms for ‘’Notes of Protest’’ it is quite difficult to admit/provide you with any standard form, we do however attach a most common form which you may alter where necessary.
 Thus in the case that ‘’Note of  Protest’’ (or "Statement of Sea Protest) has been made and notarized by Notary Public do not neglect to forward a copy to office at first convenient time.
 IMPORTANT !
  Be sure to make all appropriate entries in ships logbook


Sea Protest:
NOTE OF PROTEST
 I, ________  (name) Master Mariner and Commander of the M/V   ______      (nationality of vessel), of   gross and  _ net registered tons, under _   flag, registered at _   by Official Number   now laying at (anchor/berth No___ ) in the port of  _   where she arrived on this day of_   in the year 19   __,  solemnly declare that, On the   (date) the said vessel, being tight, staunch and substantially and sufficiently manned and furnished with everything necessary for such a vessel and intended voyage, in every respect seaworthy, her engine and machinery in good order, her loaded cargo properly stowed, sailed from the port of _   laden with a cargo of _  (tons) of _    (name of cargo) in bulk, for delivery at this port (or at port of _______) unto Messrs _    (Cargo Receivers), and that, During the prosecution of the said voyage and on the date     (here describe the accident, machinery breakdown, or heavy weather). (example of heavy weatherSmile "on the dates of    the vessel encountered heavy weather with winds of force_    and heavy seas which caused her to roll, pitch, labor and strain heavily, and waves breaking on the decks, in consideration of which fearing loss or damage to the vessel and her cargo, even though the ship's course and speed were altered to ease her according to good seamanship under the circumstances".
Whereof, I, the undersigned, hereby note my protest against all losses, damages, etc., reserving the right to extend the same at time and place convenient,
 At the port of  _    On the _
 
 
        _____________________________
        The Master of M/V
        Captain


Other "Notes of Protest"  or "Letters of Protest"
Should be made when and if you consider it of utmost  importance and necessity,  if for example there is a possibility of a  claim from another party to arise. Please find bellow some samples of Letters of Protest, concerning possible claims from another party due to:


Loading the cargo in bad condition (damaged prior loading):
                                                                                                                                              Port of_______________
                                                                                                                                              Date:  07/10/02
To: (Name of  Company, responsible for Loading)
 
 


LETTER OF PROTEST



I, Captain (NAME), the Master of m.v. “ABILITY”, loading cargo of BULLSHIT at the port of PORTNAME on DATA acting on behalf of the Owners OWNERSNAME and the Charterers IFANY, hereby notify you of the following damages to above cargo found prior  to the time of shipment:
-    The cargo arrived/was stored on the quay and is/was:
Exposed to rain,
Found wet, thawed,
Other_________________
The quantity of cargo affected _______________or cannot be determined.
-   The packaging of the cartons was damaged, visually ripped, torn, stained, chaffed, other_______________
     The quantity of cargo affected __________________or cannot be determined.
-   The temperature of the cargo was declared to be ________, but was found to be ___________.
-   Other types of damages__________________________
We reject all liability for the damage/s referred  herein and hold you fully responsible for all consequences which may arise from our loading the cargo in a damaged condition. Furthermore, all remarks as to the condition of cargo will be inserted in the Mate’s Receipt and Bills of Lading.
 
 
Yours faithfully
 
SIGNATURE & STAMP
 
Received by:
 
Copy: the Charterers
           the Owners


Cargo, damaged at the time of discharge or after discharge from  vessel:
                                                                                                                                               Port of_______________
                                                                                                                                                   Date:  07/10/02
To: (Name of  Company, responsible for discharging)
 
 


LETTER OF PROTEST



I, Captain (NAME), the Master of m.v. “ABILITY”, discharging cargo of BULLSHIT at the port of PORTNAME on DATA acting on behalf of the Owners OWNERSNAME and the Charterers IFANY, hereby notify you of the following damages to above cargo found at the time of discharge or after discharge from abovementioned vessel:
-    The following damages were caused by the stewedores acting on your behalf:
_______________________________________________________(description of damages)
 
     The quantity of cargo affected _______________or cannot be determined.
-    The following cargo was pilferred_______________
     The quantity of cargo affected __________________or cannot be determined.
-   The cargo was stored ashore, but exposed to  ___________.
-   Other types of damages__________________________
We reject all liability for the damage/s referred  herein and hold you fully responsible for all consequences which may arise.
 
 
Yours faithfully
 
SIGNATURE & STAMP
 
Received by:
 
Copy: the Charterers
           the Owners


    Cargo quality in dispute:
                                                                                                                               Port of_______________
                                                                                                                                  Date:  07/10/02
To: (Name of  Company)
 
 


LETTER OF PROTEST



I, Captain (NAME), the Master of m.v. “ABILITY”, loading cargo of BULLSHIT at the port of PORTNAME on DATA acting on behalf of the Owners OWNERSNAME and the Charterers IFANY, hereby notify you of the following amount/s in dispute between the quantity and/or weight of the cargo declared by your PERSONINCHARGE and the quantity and weight shipped on board according to our figures:
Quantity loaded as declared by you__________,
Quantity loaded according to ship’s figures__________,
Weight loaded as declared by you___________,
Weight loaded according to ship’s figures_________,
Weight/Quantity in dispute_______________.
We reject all liability for this amount in dispute and hold you fully responsible for all consequences which may arise. Furthermore quantity and/or weight in dispute will be declared in the Mates Receipt and Bills of Lading.
 
 
Yours faithfully
 
SIGNATURE & STAMP
 
Received by:
 
Copy: the Charterers
           the Owners


Cargo quantity unknown:
                                                                                                                                           Port of_______________
                                                                                                                                             Date:  07/10/02
To: (Name of  Company, responsible for Loading)
 
 
 
 
LETTER OF PROTEST
 
 
 
I, Captain (NAME), the Master of m.v. “ABILITY”, loading cargo of BULLSHIT at the port of PORTNAME on DATA acting on behalf of the Owners OWNERSNAME and the Charterers IFANY, hereby notify you that we are unable to confirm  that the quantity/weight declared by you to have been loaded on our vessel is correct.
Therefore notify you of our intention  to clause the Mate’s Receipts and Bills of Lading as follows:
“ The numbers of packages or pieces and the quantity and the weight as shown are furnished by the shipper and are unknown  to the carrier and the Master, who has no reasonable means of checking this themselves.”
We reject all liability for any claims that may be made and hold you fully responsible for all consequences which may arise.
 
 
Yours faithfully
 
SIGNATURE & STAMP
 
Received by:
 
Copy: the Charterers
           the Owners


Bunkering: Bad oil quality
                                                                                                                                              Port of_______________
                                                                                                                                                 Date:  07/10/02
To: __________________
       __________________
C/P DD: ______(charter date)_____
 
 


LETTER OF PROTEST



I hereby give you notice, that fuel oil supplied by you at the port of PORTNAME prove to be wholly unsuitable for use in the vessel’s machinery. The main engine manifested instant problems, when the supplied fuel was burned. All action undertaken by our technical staff taken to stop the problem proved to be unsatisfactory.
Fuel samples will be sent for laboratory analysis.
(or, if the possibility to determine fuel oil parameters on board the ship exists:
Shipboard analysis of a representative sample indicate the quality of fuel exceed standards of the grade ordered.)
In the circumstances, I cannot jeopardise the safety of the vessel by accepting or using  the fuel supplied without first receiving instruction to do so from my owners.
In the meantime, on behalf of my owners, I hold you wholly responsible for all  damages and delays and other loss or expense arising as a direct or indirect consequence from your failure to supply the guaranteed grade of fuel.
 
 
 
Yours faithfully
MASTER
 
SIGNATURE & STAMP
 
Received by:
 
COPY: the Owners
 
 
 


  Oil pollution while bunkering/oil transfer operations:
                                                                                                                                       Port of_______________
                                                                                                                                            Date:  07/10/02
To: BUNKERS SUPPLIERS
       ____________________
 
 


LETTER OF PROTEST



I, Captain (NAME), the Master of m.v. “ABILITY”, acting on behalf of the Owners OWNERSNAME and the Charterers IFANY, hereby reject any responsibility arisen from the spill of oil which resulted entirely from a negligent work of your stuff, while my wessel was bunkered today, DATE AND TIME at PLACE (or on the road of PLACE), as the following accident was discovered by the crew of our vessel:
-    the hose was leaking as the bunkering started,
 
-    the pumping rate was higher than that agreed – which solely contributed to the referred leakage,
-   the hose was not sufficiently emptied before disconnecting (after  receiving your order),
-   Other sources of spill__________________________
By the copy given to the local Coast Guard/Port Authorities I repudiate any responsibilities which may arise from the referred oil pollution.
 
 
Yours faithfully
 
SIGNATURE & STAMP
 
Received by:
 
Copy: Coast Guard/ Port Authorities
           the Owners
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