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
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 weather:)
"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
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 Mates
Receipt and Bills of Lading.
Yours faithfully
SIGNATURE & STAMP
Received by:
Copy: the Charterers
the Owners
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
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 ships
figures__________,
Weight loaded as declared by you___________,
Weight loaded according to ships
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
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 Mates 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
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 vessels
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
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