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 transfer 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 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
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 vessel
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

Ref. http://mariners.narod.ru/seaprotest.html