1-A. HIDDEN DAMAGES UNABLE TO CONFIRM DAMAGES IN CARGO HOLDS DUE TO COVERED BY CARGOES.
1-B. LETTER FROM STEVEDORE CONFIRMATION LETTER OF REPAIRE BY STEVEDORE.
1-C. STEVEDORE DAMAGE REPORT. HOLDING RESPONSIBILITY OF STEVEDORE DAMAGES.
2-A. CARGO DAMAGE. PROTEST AGAINST WETTED CARGOES.
3-A. REMARKS ON MATE’S RECEIPT. IN CASE FAILING REMARKS ON MATE’S RECEIPT.
4-A. CARGO EXCESS/SHORTAGE.
4-B. EXAMPLE : 4 – B SAME AS 4-A.
4-C. EXAMPLE : 4 - C SAME AS 4-A.
4-D. EXAMPLE : 4 – D SAME AS 4-A.
4-E. DEADFREIGHT. SPACE AVAILABLE TO LOAD UP TO CHATERERS/OPERATORS INSTRUCTION BUT CARGO CUT DOWN DUE TO SHORE REQUEST.
4-F. EXAMPLE : 4 –Ｆ SAME AS 4-E.
4-G. EXAMPLE : 4 – G SAME AS 4-E.
5-A. EXAMPLE : ５－A WATER CONTENTS IN CARGO. WATER FOUND IN CARGO AFTER LOADING.
5-B. EXAMPLE : ５－Ｂ SLOW LOADING/UNLOADING. PROTEST AGAINST SLOW LOADING AND UNLOADING, ETC.BY SHORE REASON.
5-C. EXAMPLE : ５－Ｃ SAME AS 5-B.
5-D. EXAMPLE : ５－Ｄ COUNTER PROTEST. AGAINST CARGO SHORTAGE.
6-A. SURGE DAMAGE. PROTEST LETTER RECEIVED FROM A VESSEL.
6-B. EXAMPLE : ６－Ｂ SURGE DAMAGE. COUNTER PROTEST AGAINST “6-A”.
7-A. COLLISION. HOLDING RESPONSIBILITY AGAINST COLLISION.
7-B. EXAMPLE : 7－Ｂ SAME AS 7-A.
7-C. EXAMPLE : 7－Ｃ SAME AS 7-A.
7-D. EXAMPLE : 7－Ｄ SAME AS 7-A. 7-E. EXAMPLE : 7－E SAME AS 7-A.
8-A. FORM OF MARINE NOTE OF PROTEST
8-B. ROUGH WEATHER. EXAMPLE :８－B
8-C. BOTTOM TOUCH. EXAMPLE :８－Ｃ
8-D. TOUCHING SEBMERGED OBSTACLES. EXAMPLE :８－Ｄ
8-E. TOUCHING AGAINST PIER OR WHARF. EXAMPLE :８－E
9-A. DAMAGE FOUND IN DRY DOCK.
9-B. EXAMPLE : ９－B SAME AS 9-A.
EXAMPLE : 1 – A
HIDDEN DAMAGES
＊ NOT BE ABLE TO FIND OUT DAMAGE WHILE LOADING DUE TO COVERING BY CARGO, AND MAYBE FIND OUT AFTER DISCHARGING SUCH AS STEEL SCRAP
ETC. PORT: DATE: TO: (name of stevedores/shippers, etc.)
GENTLEMEN:
THIS IS TO ADVISE THAT I RESERVE THE RIGHT TO HOLD YOU RESPONSIBLE FOR HIDDEN DAMAGES WHICH MAY BE DISCOVERED AFTER DISCHARGING WHICH WERE DONE TO MY VESSEL, MV.(name of vessel), DURING THE LOADING OF CARGO (name of cargo) AT (name of port) DURING THE VOYAGE COVERED BY CHARTER PARTY DATED AT (name of place signed, date/month/year).
(Stevedores/Shippers, etc.) Capt. (Your Name)
Master, M.V(Name of Vessel)
NOTE: IF YOU FIND OUT DAMAGES AFTER COMPLETION OF DISCHARGE CARGO, IT IS REQUIRED TO ISSUE “NOTICE”, “DAMAGE REPORT”, “STATEMENT OF FACT”, ETC. AS SOON AS POSSIBLE, USUALLY WITHIN 24 HOURS. (REF. CHARTER PARTY) OTHERWISE CHARTERERS WILL NOT ACCEPT SUCH DAMAGES CAUSED BY STEVEDORE. DETAILS OF DAMAGES SHOULD BE STATED.
EXAMPLE : 1 – Ｂ
LETTER FROM STEVEDORE
＊ MAYBE YOU HAVE CHANCES TO RECEIVE FOLLOWING LETTER FROM STEVEDORES ETC. AFTER COMPLETION OF LOADING. PORT: DATE: TO: MASTER
THIS IS TO CERTIFY THAT ANY OR ALL STEVEDORE DAMAGES SUSTAINED BY MY VESSEL WHILE LOADING (name of cargoes) AT (name of port/date) HAVE BEEN REPAIRED AND/OR REPLACED TO MY ENTIRE SATISFACTION. MASTER, (your name/or ships name)
NOTE: YOU MAY SIGN IF STEVEDORE ACTUALLY REPAIRED ALL DAMAGES AT YOUR SATISFACTION. BUT YOU MAY NOT SIGN, WITHOUT ANY REMARKS, IN CASE UNABLE TO CONFIRM
DAMAGES DUE TO CARGO HOLDS ARE COVERED BY CARGOES. (REF. EXAMPLE: 1-A)
EXAMPLE : 1 – C
＊ STEVEDORE DAMAGE REPORT. DATE: PORT:
REPORT (notice) OF DAMAGE BY STEVEDORE.
DEAR SIR,
THIS IS TO NOTIFY THAT, ON BEHALF OF OWNERS AND/OR CHARTERERS, I HOLD YOU RESPONSIBLE FOR THE DAMAGE / LOSS DUE TO THE ACCIDENT MENTIONED BELOW, ALONG WITH THE NECESSARY REPAIRS BEING TO BE CARRIED OUT AT EARLIETST CONVENIENCE AT YOUR TIME AND COST.
1. VOYAGE NUMBER : 2. TIME AND DATE OF ACCIDENT : 3. NAME OF PORT AND BERTH : 4. DETAIS OF THE ACCIDENT : A) CAUSE OF DAMAGE: B) EXTENT OF DAMAGE AND/OR LOSS:
5. DAMAGE WAS SURVEYED BY: (name and rank of ship’s officer) WITNESSED BY: (name of stevedore representative) 6. DISPOSITION OF DAMAGE:
KINDLY ACKNOWLEDGE THE RECEIPT OF THIS LETTER BY SIGNING BELOW. YOURS FIATHFULY, (signature) (stevedore representative) MASTER MV.( ) (name of stevedore company)
NOTE: IT IS REQUIRED TO NOTIFY TO CHARTERES AND AGENT, USUALLY WITHIN 24 HOURS UNLESS OTHERWISE CONTRARY DESCRIBED IN YOUR CHARTER PARTY. OTHERWISE CHARTERERS WILL NOT ACCEPT AS A STEVEDORE DAMAGE.
REFERENCE SHOULD BE MADE AS EXAMPLE: 1-A, 1-B REGARDING HIDDEN DAMAGE.
EXAMPLE : 2 – A CARGO DAMAGE
＊ PROTEST AGAINST WETTED CARGOES. DATE: PORT: TO (charteres/shippers/agents, etc)
I, MASTER OF MV. (your vessel’s name), HEREBY FILE MY PROTEST FOR FUTURE REFERENCE.
PLEASE BE NOTIFIED THAT THE VESSEL IS NOT RESPONSIBLE FOR WET DAMAGED CARGO AS A RESULT OF CARTERER’S/SHIPPER’S CARGO WORK AT PORT OF (name of port) UNDER RAINFALL FROM (time/date) TO (time/date).
IN RESPECT OF ABOVE, I HEREBY CONFIRM THAT THE STEVEDORES DID NOT COMPLY WITH INSTRUCTION FROM VESSEL TO STOP CARGO WORK AND CLOSE HATCHES UNDER THREATENING WEATHER, AS A RESULT, CARGO GOT SET. YOURS FAITHFULLY. (signature) (charterers/shippers/stevedore/ MASTER, MV.(yours) agents, etc.)
NOTE: IN THIS CASE, FIRST OF ALL, YOU SHOULD TRY TO STOP LOADING DAMAGED CARGO AS FAR AS POSSIBLE AND REPORT TO US IMMEDIATELY. YOU SHOULD ISSUE PROTEST LETTER IMMEDIATELY AND RECEIVE SIGNATURE OF PARTIES CONCERNED, IF YOU ARE OBLIGED TO KEEP LOADING
SUCH A DAMAGED CARGO DUE TO SHORE REPRESENTATIVES REFUSED YOUR ORDER. AND KEEP IN MIND THAT CARGO WORKS IS UNDER YOUR SUPERVISION AND RESPONSIBILITY SO YOU HAVE A RIGHT TO STOP LOADING. REFERENCE TO OFFICIAL LETTER TEMM-026 SHOULD BE MADE.
EXAMPLE : 3 – A
＊ FAILING TO TAKE REMARKS ON MATE’S RECEIPT DATE: PORT:
TO (charteres/shippers, etc.) SIRS,
MV.(your ship’s name) COMPLETED LOADING CARGO AT (time/date) AT PORT OF (name of port).
MEANTIME I FOUND FOLLOWING CARGO DAMAGES REFERRING TO MATE’S RECEIPT NO. (mate’s receipt NO.)(or noted following cargo damages before loading)
IN VIEW OF ABOVE, AND FAILING TO MAKE APPROPRIATE REMARKS ON MATE’S RECEIPT ACCORDINGLY, DUE TO THE OBJECTIONS BY (name of person and/or reason), I HEREBY HOLD MYSELF/OWNERS OF THE VESSEL NOT RESPONSIBLE FOR ANY RESULTS TO BE INCURRED BY ABOVE DAMAGES IN ANY CIRCUMSTANCES.
YOURS FAITHFULLY.
ACKNOWLEDGED BY: (signature) (signature) MASTER, MV.(yours) (charterers/shippers, etc.)
DETAILS OF CARGO DAMAGES:( should be stated details )
NOTE: SHOULD YOU FAILED TO REMARK ON MATE’S RECEIPT DUE TO OBJECTION OF SHORE REPRESENTATIVES OR SOMEONE ELSE, YOU ARE REQUESTED
TO ISSUE PROTEST LETTER. OTHERWISE YOU WILL BE HOLD RESPONSIBILITY AT DICHARGING PORT.
EXAMPLE : 4 – A
＊ CARGO EXCESS/SHORTAGE. DATE: PORT: TO (whom it may concern/suppliers/shippers, etc.)
PROTEST FOR CARGO EXCESS/SHORTAGE
GENTLEMEN:
THIS IS TO INFORM YOU, THAT AS PER SHIP’S DRAFT CALCULATION, THE VESSEL HAS LOADED A QUANTITY OF (xxxxx.xx) (MT/LTON/BBLS,ETC.) CARGO AT THIS PORT.
THERE IS A DIFFERENCE OF (xxx.xx) (MT/LTON/BBLS,ETC.) EXCESS/SHORTAGE OF CARGO ON BOARD IN COMPARISION WITH FIGURES PROVIDED BY YOU.
I STRONGLY NOTE PROTEST THIS EXCESS/SHORTAGE, BELIEVING SHIP’S FIGURES OF THE QUANTITY OF CARGO LOADED TO BE CORRECTED, I RESERVE THE REIGHT, ON BEHALF OF MY OWNERS, TO CLAIM FREIGHT/DEAD FREIGHT FOR THIS DIFFERENCE OF (xxx.xx)(MT/LTON/BBLS,ETC).
PLEASE ACKNOWLEDGE RECEIPT OF THIS PROTEST LETTER, BY SIGNING AND RETURNING THE DUPLICATE COPY. SHIP’S FIGURE : xxxxx.xx B/L FIGURE(SHORE) : xxxxx.xx (MT/LTON/BBLS,ETC.)
YOURS FAITHFULLY.
ACKNOWLEDGED: (signature) (signature) MASTER, MV.(yours) (shippers/suppliers, etc.) (and/or agents/surveyors)
NOTE: ANY CARGO DISCREPANCY FOUND BETWEEN YOUR FIGURES AND SHORE (B/LADING) FIGURES, YOU SHOULD PROTEST, ESPECIALLY IN CASE SHIP’S FIGURES LESS THAN SHORE FIGURES. OTHERWISE YOU WILL BE HOLD RESPONSIBILITY REGARDING CARGO QUANTITY AT DISCHARGING PORT.
SEE NOTE ON EXAMPLE: 4-G.
EXAMPLE : 4 – B
＊ CARGO EXCESS/SHORTAGE
DATE: PORT: VOY:
NOTE OF PROTEST
TO MESSRS. (suppliers/shippers, etc.)
SIRS,
THIS IS TO DRAW YOUR ATTENTION TO THE DISCREPANCY BETWEEN THE QUANTITY OF CARGO GIVEN IN THE BILL OF LADING AND THAT CERTAINED BY THE SHIP
AS FOLLOWS: SHIP’S FIGURE: xxxxx.xx (L/T, M/T, BBLS, ETC.) B/L FIGURE : xxxxx.xx (L/T, M/T, BBLS, ETC.)
THE BILL OF LADING IS ACCORDINGLY SIGNED UNDER PROTEST.
KINDLY ACKNOWLEDEGE RECEIPT BY RETURNING A COPY OF THIS LETTER DULY SIGNED.
YOURS FAITHFULLY.
ACKNOWLEDGED: (signature) (signature) MASTER, MV.(your ship) (shippers/suppliers, etc.)
NOTE: SEE NOTE ON EXAMPLE 4-A, 4-G.
EXAMPLE : 4 - C
＊ CARGO EXCESS/SHORTAGE
DATE: PORT: VOYAGE:
NOTE OF PROTEST
MV. (ships name), UNDER MY COMMAD, COMPLETED LOADING AT (time/date) AT PORT OF (name of port), AND LOADED CARGO TONNAGE IS (xxxx.xx)(L/T, M/T,
BBLS, ETC.)BY SHORE SCALE WHILE DRAFT SURVEY (TALLY RECORD) REVEALS THAT CARGO TONNAGE IS (xxxx.xx)(L/T. M/T, BBLS, ETC.).
IN VIEW OF ABOVE AND FAILING TO MAKE APPROPRIATE REMARKS ON MATE’S RECEIPT ACCORDINGLY, DUE TO OBJECTION BY (person/reason), I HEREBY HOLD MYSELF/OWNERS OF THE VESSEL NOT RESPONSIBLE FOR ANY RESULTS TO INCURRED BY ABOVE DISCREPANCY IN ANY CIRCUMSTANCES.
YOURS FAITHFULLY.
ACKNOWLEDGED: (signature) (signature) MASTER, MV.(your ship) (shippers/suppliers, etc.)
NOTE: REF. NOTE LISTED ON EXAMPLE: 4-A, 4-G.
EXAMPLE : 4 – D
＊ CARGO EXCESS/SHORTAGE
TO (whom it may concern/shippers/suppliers, etc.) PORT: DATE:
PROTEST FOR DIFFERENCE OF CARGO QUANTITY.
DEAR SIR,
BY REASON OF LARGE DIFFERENCE BETWEEN B/LADING FIGURES AND SHIP’S FIGURES AS SHOWN BELOW, I MASTER OF MV. “ ”, HEREBY SIGN THE SHIPPING DOCUMENTS UNDER PROTEST.
SHIP’S FIGURES : B/LADING FIGURES : DIFFERENCE :
I HEREBY HOLD YOU FULLY RESPONSIBILITY FOR ANY CONSEQUENCE ARISING THEREFROM.
YOURS FAITHFULLY.
ACKNOWLEDGED BY: (signature) (signature) MASTER, MV.(yours) (shippers/suppliers, etc.)
NOTE: REF. NOTE ON EXAMPLE: 4-A, 4-G.
EXAMPLE : 4 - E
＊ DEADFREIGHT
PORT: DATE:
TO (whom it may concern/shippers/
suppliers, etc.)
DEAR SIR,
DUE TO INSUFFICIENT OF CARGO, (xxxx.xx) L/TONS WERE SHORTSHIPPED PER SUBJECT HOLDS AS FOLLOWS: HOLD NO. UNUSED CUBIC CAPACITY S/FACTOR L/TONS #1 xxxx cu.ft/cu.mtr. xx.x xxx.x #2 xxx xx.x xx.x #3 xxx xx.x xx.x #4 xxxx xx.x xxx.x TOTAL: xxxx.x L/TONS
THE ABOVE WERE SURVEYED BY RELIABLE INDEPENDENT SURVEYOR. I, MASTER OF MV. ( ), HEREBY STRONG NOTE PROTEST THIS SHORTSHIPPING.
I RESERVE THE RIGHT, ON BEHALF OF MY OWNERS, TO CLAIM DEADFREIGH FOR ABOVE MENTIONED.
YOURS FAITHFULLY.
(signature)
(signature) MASTER, MV.( ) (shippers/suppliers/agents/
surveyors, etc.)
NOTE:
AMOUNT OF SHORTSHIPPED QUANTITY SHOULD BE CLARIFY THEORETICALLY.
PROTEST FOR DEADFREIGHT REF. NOTE ON EXAMPLE: 4-G.
EXAMPLE : 4 –F
＊ DEADFREIGHT
＊ EXAMPLE: SAME AS 4-E
PORT: DATE:
TO (shippers/suppliers, etc.)
DEAR SIR,
THIS IS TO INFORM YOU THAT MV.( ) REQUESTED (quantity of cargo) OF (name of cargo), AS INSTRUCTED TO LOAD BY OUR CARTERES.
BUT FINALY (quantity loaded) OF CARGO SUPPLIED, THEREFORE FOLLOWING SHORTSHIPMENT WAS INCURRED. VESSEL’S REQUIREMENT: B/LADING FIGURES : VESSEL’S FUGURES :
I HEREBY HOLD YOU RESPONSIBLE FOR THE SHORT SHIPMENT AND I RESERVE THE RIGHT, ON BEHALF OF OUR OWNERS/CHRTERERS, TO CLAIM DEADFREIGHT FOR ABOVE MENTIONED.
PLEASE ACKNOWLEDGE RECEIPT OF THIS LETTER BY SIGNING.
YOURS FAITHFULLY.
(signature)
(signature) MASTER, MV.( ) (shippers/suppliers, etc.)
NOTE: REF. NOTE ON EXAMPLE: 4-G.
NOTE OF PROTEST DEADFREIGHT
EXAMPLE : 4 – G
＊ DEADFREIGHT
＊ EXAMPLE: SAME AS 4-E
PORT: DATE:
DEADFREIGHT STATEMENT
VESSEL : ( ) VOYAGE NO. : ( ) PORT OF LOADING : ( ) DATE : ( )
APPLICABLE DEADWEIGHT (summer) DARFT: M/TONS. ALLOWANCE FOR CONSUMPTION: ( DAYS X M/TONS) M/TONS.
ALLOWABLE TOTAL SAILING DEADWEIGHT:
QUANTITIES TO BE DEDUCTED: BUNKER M/TONS. WATER M/TONS. CONSTANT M/TONS. SLOP M/TONS. OTHERS M/TONS. TOTAL: M/TONS.
TOTAL CAPACITY AVIALABLE FOR CARGO : M/TONS. B/LADING FIGURES : M/TONS.
DEADFREIGHT : M/TONS.
NOTE:
THE REASON FOR DEADFREIGHT SHOULD BE CLARIFY:
SUCH AS DRAFT LIMITATION AT LOADING AND/OR DISCHARGING PORT, SUPPLIERS/SHIPPERS UNABLE TO DELIVER MORE CARGO, INSTRUCTED FROM CAHRTERERS/OPERATORS TO LOAD PART CAROG ONLY, SAGGING AND/OR STRESS, OTHERS.
EXAMPLE : ５－A
＊ WATER CONTENTS AFTER LOADING CARGO.(OIL/CHEMICAL/TANKERS, LPG CARRIERS)
PORT: DATE: VOYAGE:
NOTE OF PROTEST
TO (shippers/suppliers, etc.)
DEAR SIR,
I, MASTER OF MV.( ), HEREBY NOTE PROTEST AT THE AMOUNT OF WATER FOUND IN THE CARGO ON COMPLETION OF LOADING FOUND TO BE TOTAL xxx.x BBLS.
I RESERVE THE RIGHT TO EXTEND THIS PROTEST AT ANY TIME AND PLACE CONVENIENT.
YOURS FAITHFULLY.
(signature)
(signature) MASTER, MV.( ) (shippers/suppliers, etc.)
NOTE:
YOU ARE STRONGLY REQUESTED TO CHECK ALL TANKS AFTER LOADING, AND PROTEST
IF YOU FIND OUT ANY WATER, SEDIMENT, IMPURITIES, ETC, OTHER THAN CARGO. OTHERWISE YOU WILL BE RECEIVED CLAIM AT DISCHARGING PORT ALSO CAUSED DAMAGE TO YOUR CARGO PUMPS, ESPECIALLY OIL TANKERS, CHEMICAL TANKERS AND LPG CARRIERS.
EXAMPLE : ５－Ｂ
＊ PROTEST AGAINST SLOW DISCHARGE.
TO (receivers/consignees, etc) SIRS,
BY THE TERMS OF THIS CHARTER PARTY WE WERE REQUIRED TO DISCHARGE THIS CARGO WITHIN 24 HOURS, OR MAINTAIN 100 PST SHIPS RAIL.
WE HAVE NOT BEEN ABLE TO MEET THIS REQUIREMENT, BECAUSE OF ONLY TWO BY 12 INCH HOSES WERE MADE AVAILVBLE AND YOU HAVE RESTRICTED OUR PRESSURE AT THE RAIL TO KEEP YOUR SBM FROM LEAKING.
THEREFORE ON BEHALF OF MY OWNERS/OPERATORS I WISH TO PROTEST THESE RESTRICTIONS, SO THEY MAY REFER TO THIS AT A LATER DATE IF NECESSARY.
YOURS FAITHFULLY.
(signature)
(signature) MASTER, MV.( ) (shippers/suppliers, etc.)
NOTE: IF YOU DELAYED LOADING/DISCHARGING BY SHORE REASONS, YOU SHOULD PROTEST BY LETTER, OTHERWISE YOU WILL BE CLAIMED FROM PARTIES
CONCERN IN FUTURE.
PORT:
DATE:
NOTE OF PROTEST EXAMPLE : ５－Ｃ
＊ PROTEST AGAINST SLOW LOADING AND LOW TEMPERATURE OF CARGO.
PORT:
TO (shippers/suppliers, etc.) DATE:
NOTE OF PROTEST SIRS,
ON ARRIVAL AT BERTH (name of berth) ON (date), WE WERE INSTRUCTED BY YOUR REPRESENTATIVE TO LOAD APPROXIMATE 2,500 TONS PER HOUR, WHEN OUR LOADING RATE IS APPROXIMATE 4,000 TONS, TWO CARGO HOSES OF TWELVE-INCH WERE CONNECTED AND ALSO INSTRUCTED TEMPERATURE OF CARGO IS APPROXIMATE 123 F.AT SHORE TANKS.
VESSEL IS NOT RESPONSIBLE FOR THE SLOW LOADING AND LOW CARGO TEMPERATURE, AND HOLD YOU RESPOSIBLE FOR THE COSTS AND CLAIMS THAT MAY ARISE FOR ABOVE MENTIONED SLOW LOADING AND LOW CARGO TEMPERATURE.
YOURS FAITHFULLY.
(signature)
(signature) MASTER, MV.( ) (shippers/suppliers, etc.)
NOTE: REF. NOTE ON EXAMPLE: 5-B.
EXAMPLE : ５－Ｄ
＊ PROTEST AGAINST CARGO QUANTITY AND/OR CARGO SHORTAGE.
DATE:
TO (receivers/consignees, etc. ) PORT:
RE ALLEGED SHORT DELIVERY OF CARGO SIRS,
YOUR LETTER OF PROTEST IS TOTALLY REJECTED FOR THE FOLLOWING REASONS:-
1. THE BILLS OF LADING WERE SIGNED UNDER PROTEST DUE TO A DIFFERENCE BETWEEN SHIP AND SHORE FIGURES.(REF. ATTACHED LETTER OF PROTEST)
2. THERE COULD BE NO LOSS IN TRANSIT AS THE SHIP HAS A PRESSURISED CONTROL VENTILATION SYSTEMS.
3. THERE ARE NO FACILITIES AT THE DISCHARGE TERMINAL FOR SHIPS STAFF TO WITNESS AND VERIFY THE MEASURING OF THE SHORE TANKS BEFORE AND AFTER DISCHARGE.
4. ALL CARGO IN THE SHIP HAS BEEN DISCHARGED ASHORE AND THE CARGO TANKS ARE EMPTY AND NO PUMPABLE CARGO REMAINED ONBOARD.
YOURS FAITHFULLY.
(signature)
(signature) MASTER, MV.( ) (receivers/consignees, etc.)
NOTE:
SHOULD YOU HAVE ANY CARGO DISCREPANCY AT LOADING PORT, YOU HAVE TO MAKE A PROTEST LETTER, OTHERWISE YOU WILL BE RECEIVED PROTEST AGAINST CARGO QUANTITY AT DISCHARGING PORT AND YOU HAVE NO WITNESS.
EXAMPLE : ６－A
＊ SURGE DAMAGE
＊ YOU MIGHT HAVE AN OPPORTUNITY TO RECEIVE A FOLLOWING LETTER FROM A VESSEL. MOORING IN PORT.
DATE:
TO：MASTER MV.(your ships name) PORT:
DEAR SIR,
SURGE DAMAGE TO (name of encountered vessel)
THIS IS TO ADVISE YOU THAT WHEN YOUR VESSEL, ENTERING(leaving) (name of port) HARBOUR, PASSED AT AN EXCESSIVE SPEED BY MY VESSEL, MOORED ALONGSIDE(name of berth), AT xxxx HOURS TODAY, CAUSED MY VESSEL TO SURGE AND INFLICTED AN EXTENSIVE DAMAGE ON HER HULL AND/OR GANGWAY IN CONSEQUENCE.
WE HEREBY GIVE NOTICE TO YOU AND HOLD YOU ENTIRELY RESPONSIBLE FOR ALL THE DAMAGES INCURRED AND WILL ADVISE YOU OF THE COST OF REPAIRES WHEN IT IS EFFECTED.
PLEASE ACKNOWLEDGE RECEIPT OF THIS LETTER SIGNING THE ATTACHED COPY OF THIS LETTER AND RETURN IT TO THE UNDERSIGNED.
YOURS FAITHFULLY.
MASTER, MV.(name of vessel damaged) MASTER, MV. (name of your vessel)
NOTE:
YOU MAY NOT ALLOWED TO SIGN WITHOUT REMARKS, BECAUSE THE MOMENT YOU RECEIVE LIKE THIS LETTER, NO BODY KNOWS THAT YOU MADE
ACTUAL DAMAGE TO THAT VESSEL. IN THIS CASE YOU SHOULD CONTACT WITH US AS SOON AS POSSIBLE IN ORDER TO INVESTIGATE AND ARRANGE A LAWYER TO PROTECT YOURSELF AND OWNERS.(REF. ON EXAMPLE: 6-B FOR COUNTER PROTEST AND NOTE)
EXAMPLE : ６－B
＊ SURGE DAMAGE
COUNTER LETTER AGAINST SURGE DAMAGE.
TO：MASTER（vessel which you received a letter)
ALLEGED SURGE DAMAGE TO (name of vessel which you received a letter)
WE RECEIVED YOUR LETTER DATED (date) REGARDING THE ABOVE SUBJECT.
WE HAVE THOROUGHLY INVESTIGATED THE CIRCUMSTANCES AND FOUND THAT THE DAMAGE WAS NOT RESULT OF ANY NEGLIGENCE ON OUR PART.
PLEASE NOTE THAT OUR VESSEL ENTERED (left) THE HARBOUR IN A NORMAL MANNER. WITH A NORMAL SPEED UNDER THE SUPERVISION OF AN EXPERIENCED PILOT.
WE, THEREFORE, DEFINITELY DENY THE LIABILITY OR RESPONSIBILITY FOR THIS ALLEGED DAMAGE.
YOURS FAITHFULLY.
ACKNOWLEDGED: (signature) MASTER, MV.(name of your ship) MASTER, MV. (vessel received)
NOTE:
AS SOON AS YOU RECEIVE A PROTEST LETTER, YOU HAVE TO MAKE A COUNTER PROTEST LETTER, PROVIDED YOU DID NOT CAUSEDAMAGE TO MOORED VESSEL, AND YOU HAVE TO LET US KNOW SOONEST WITH DETAILS OF ACCIDENT.
EXAMPLE : 7－A
＊ COLLISION. HOLDING RESPONSIBILITY AGAINST COLLISION AND ACKNOWLEDGE RECEIPT.
DATE: PORT:
TO MASTER MV.( )
DEAR SIR, COLLISION BETWEEN MV.(name of your vessel) AND MV.( )
WE HEREBY ADVISE YOU THAT WE HOLD THE MV.(name of adversary), HER MASTER, OWNERS AND/OR AGENTS RESPONSIBLE FOR AND LIABLE TO ALL DAMAGES, COSTS, DELAY AND/OR EXPENSES ARISING FROM THE COLLISION BETWEEN MV.(name of your vessel)AND MV. (name of adversary), WHICH TOOK PLACE IN(place) AT/OR ABOUT(time) HOURS ON(date/month/year).
PLEASE ACKNOWLEDGE RECEIPT OF THIS LETTER SIGNING THE ATTACHED COPY OF THIS LETTER AND RETURNING IT TO THE UNDERSIGNED.
YOURS FAITHFULLY.
ACKNOWLEDGED: (signature) MASTER, MV.(your ship name) MASTER, MV. (name of adversary)
NOTE: IF YOU RECEIVE THIS KIND OF LETTER, YOU MAY NOT ALLOWED TO SIGN WITHOUT REMARKS. AND YOU SHOULD MAKE COUTER PROTEST LETTER.
EXAMPLE : 7－B
＊ COLLISION. AN EXAMPLE ADDING ABOUT SURVEY TO EXAMPLE 7-A.
DATE:
DATE:
PORT/PLACE:
PORT: TO MASTER MV.(name of vessel adversary) SIR,
WHEN OUR VESSEL WAS ENTERING THE PORT THIS MORNING TO GO ALONGSIDE THE WHARF SHE WAS RUN INTO BY YOUR VESSEL OFF (place for point) AND SUSTAINED QUITE AN EXTENSIVE DAMAGE TO HER PORT BOW.
THEREFORE THE UNDERSIGNED HOLD YOUR VESSEL RESPONSIBLE FOR THIS COLLISION AND LIABLE FOR ALL THE DAMAGE, LOSS AND EXPENSE CAUSED BY THIS COLLISION. THE (name of classification, etc.) SURVEYOR IS EXPECTED TO COME ON BOARD OUR VESSEL AT ABOUT (time/date) TO INSPECT THE EXTENT OF THE DAMAGE AND YOU ARE REQUESTED TO ATTEND THIS SURVEY JOINTLY.
FURTHER, WE WILL ATTEND WITHOUT PREJUDICE A SURVEY OF DAMAGE CAUSED TO YOUR VESSEL, SO WE REQUEST YOU TO LET US KNOW WHEN AND WHERE IT WILL TAKE PLACE. PLEASE SIGN AND RETURN THE DUPLICATE OF THIS LETTER FOR ACKNOWLEDGEMENT.
YOURS FAITHFULLY.
(signature)
ACKNOWLEDGE RECEIPT OF THIS LETTER, (signature) MASTER, MV.(your vessel name)
MASTER, MV. (vessel name of adversary)
NOTE: REF. NOTE ON EXAMPLE: 7-A.
EXAMPLE : 7－C
＊ COLLISION. COLLISION WHILE YOU ARE MOORING:
TO MASTER MV.( ) PORT: DATE:
SIRS,
THE UNDERSIGNED NOTIFY YOU THAT YOUR VESSEL TOUCHED MY VESSEL AT ABOUT (time/date) WHILE YOUR VESSEL WAS MANEUVERING IN DOCK (name of dock/horbour/anchorage, etc.) TO PROCEED TO BERTH (berth No./name), AND MY VESSEL SUSTAINED A CONSIDERABLE DAMAGE TO HER PORT QUARTER.
AT THE TIME OF THE ACCIDENT, MY VESSEL WAS
MOORED FORE AND AFT, TO (name of berth, etc.) AND DISCHARGING (loading) CARGO. I HEREBY NOTIFY YOU THAT I HOLD YOU LIABLE FOR THE DAMAGE AND LOSS CAUSED BY THIS COLLISION.
THE (name of classification, etc.) SURVEYOR IS EXPECTED TO COME ON BOARD OUR VESSEL AT ABOUT (time/date) TO INSPECT THE EXTENT OF THE DAMAGE RESULTING FROM THIS COLLISION AND YOU ARE REQUESTED TO ATTEND THIS SURVEY JOINTLY. AFTER THIS SURVEY THE DAMAGE REPAIR WILL BE CARRIED OUT AT THIS PORT.
PLEASE SIGN THE ATTACHED DUPULICATE OF THIS LETTER FOR ACKNOWLEDGEMENT.
YOURS FAITHFULLY.
(signature)
ACKNOWLEDGE RECEIPT OF THIS RECEIPT. MASTER, MV.(name of your vessel)
(signature)
MASTER, MV. (vessel name adversary)
NOTE: YOU MAY NOT SIGN WHEN YOU RECEIVE LIKE THIS LETTER WITHOUT REMARKS SUCH AS RECEIPT ONLY.
EXAMPLE : 7－D
＊ COLLISION. LETTER TO HOLD RESPONSIBILITY.
DATE:
PORT: TO MASTER MV AND OWNERS OF MV.( )
SIRS,
ON BEHALF OF MY OWNERS AND UNDERWRITERS I GIVE YOU FORMAL NOTICE HOLDING YOU AND YOUR OWNERS SOLELY RESPONSIBLE FOR ALL LOSS AND DAMAGE WHATSOEVER SUSTAINED BY MY OWNERS IN CONSEQUENCE C ONSEQUENCE OF THE COLLISION BETWEEN MY VESSEL AND YOUR VESSEL (MV. ) ON (date/time/place,etc.).
I ALSO GIVE YOU A NOTICE THAT THE DAMAGE CAUSED BY MY VESSEL HAD BEEN INSPECTED BY (name of classification, etc.) CLASS SURVEYOR, PLEASE SEND YOUR REPRESENTATIVE TO THE VESSEL FOR WITNESSING.
ALSO I REQUEST YOU TO ACKNOWLEDGE YOUR RESPONSIBILITY FOR THE COLLISION BY ENDORSING A COPY OF THIS LETTER WITH YOUR SIGNATURE TOGETHER WITH VESSEL’S STAMP AND RETURN IT TO ME.
YOURS FAITHFULLY.
(signature)
LIABILITY FOR COLLISION
ACKNOWLEDGED: (signature) MASTER, MV.(yours) MASTER, MV. ( )
NOTE:
SHOULD YOU RECEIVE LIKE THIS LETTER, YOU MAY NOT ALLOWED TO SIGN WITHOUT REMARKS AND REQUESTED TO ISSUE COUNTER PROTEST LETTER. REFERENCE TO “NOTE” ON OTHER EXAMPLES SHOULD BE MADE.
EXAMPLE : 7－E
＊ COLLISION. CLAIM NOTICE AND SECURITY IN CASE OF COLLISION UNDER WAY.
DATE:
PORT/PLACE: TO THE OWNERS OF MV.( aaaaa )
SIRS, MV. (your vessel) / MV.(aaaaa ) COLLISION ON (date/month/year) IN THE STRAIT OF SINGAPORE
THIS IS TO INFORM YOU THAT WHILE THE MV. (your vessel) WAS SAILING IN THE STRAIT OF SINGAPORE AT ( hours) ON (date/month/year), YOUR VESSEL MV. (aaaaa ) COLLIDED AGAINST HER AND GAVE HER STERN SERIOUS DAMAGES.
WE, AS THE OWNERS OF MV. (your vessel), HEREBY HOLD YOU RESPONSIBLE FOR ALL HER LOSS AND DAMAGE ARISING OUT OF ABOVE COLLISION AND URGE YOU TO PROVIDE US WITH ENOUGH SECURITY TO COVER OUR LOSSES.
KINDLY ACKNOWLEDGE RECEIPT OF THIS NOTICE BY SIGNING AND RETURN AN EXTRA COPY ATTACHED.
YOURS FAITHFULLY.
(signature)
THE OWNERS OF MV.( )
THE OWNERS OF MV.(aaaaa )
EXAMPLE : ８－A
＊ ONE OF THE FORM OF MARINE NOTE OF PROTEST.
ＭＡＲＩＮＥ ＮＯＴＥ ＯＦ ＰＲＯＴＥＳＴ
VESSEL NAME : DESCRIPTION : OFFICIAL NUMBER : GROSS TONNAGE :
FLYING LIMIT : PORT OF REGISTRY :
OWNER NAME : ADDRESS :
MASTER NAME : ADDRESS : CLASS,GRADE AND NO. OF CERTIFICATE :
ENGINE DESCRIPTION : NOMINAL HORSE POWER :
CHIEF ENGINEER NAME : (only in case machinery is concerned) ADDRESS : CLASS, GRADE AND NO. OF CERTIFICATE :
PORT OF DESPATCH : PORT OF ARRIVAL :
PORT WHERE PROTEST OCCURRED : AND DATE, HOURS OCCURRENCE :
DETAILS OF MARINE PROTEST: (details should be stated here) ＊＊＊ (examples are attached “EXAMPLE 8-B～8-E.”)
I HEREBY AFFIRM THE CORRECTINESS OF THE ABOVE REPORT. (signature) CAPT. ( ) MASTER MV.( )
EXAMPLE : ８－B
＊ ROUGH WEATHER (To be stated where marked ＊＊＊ on Example 8-A)
MV. xxxxx, UNDER MY COMMAND, SAILED FROM xxxxxxx, JAPAN AT xxxx HOURS ON xxTH SEPTEMBER 200x, ALL HATCHES AND ALL OPENINGS WERE TIGHTLY CLOSED AND SECURED AGAINST ROUGH SEAS, LADEN WITH xxxx.xx MT. OF WOODEN PRODUCTS AND STEEL PRODUCTS, DRAFT FORE/x.xx M. AFT/xx.xx M. AND ARRIVED xxxxxxx AT xxxx HOURS ON
xxTH 19xx.
ON THE DATE AND POSITION AS MENTIONED, THE VESSEL ENCOUNTERED STORMY WEATHER AND BOISTEROUS SEAS, WIND DIRECTION xx TO xx FORCE x TO xx, CAUSING VESSEL TO ROLL AND PITCH VERY HEAVILY AND SHIPPING HEAVY SEAS OVER DECKS.
NO PERSONAL INJURY BUT FEARING LOSSES AND DAMAGES MIGHT HAVE CAUSED TO THE VESSEL AND CARGOES.
NOTE: WIND DIRECTION AND FORCE SHOULD BE SAME AS RECORD ON LOG BOOK.
EXAMPLE : ８－Ｃ
＊ ROUGH WEATHER (To be stated where marked ＊＊＊ on Example 8-A)
ON THE OUTBOUND OF BOYAGE NO. xx, THE VESSEL LEFT xxxxx FOR xxxxxx AT
xxxx HOURS ON xxTH SEPTEMBER 19xx, WITH xxxx UNITS OF UNPACKED AUTOMOBILE ONBOARD, DRAWING DRAFT FORWARD x.xx M. AND AFT. xx.xx M., UNDER COMMAND OF HARBOUR PILOT CAPT. xxxxxxxx WITH ASSISTANCE OF TUGS NO.1 ON HER PORT BOW AND
NO.2 ON HER PORT AFT.
ON PASSING SOUTH BREAKWATER, WE FELT A SLIGHT SHOCK ON HER BOTTOM AT THETIME AND PLACE MENTIONED ABOVE, IMMEDIATELY STOPPED ENGINE AND ANCHORED AT OUTER BAR AND CARRIED OUT SOUNDING ALL TANKS AND BILGES AND INSPECTED HER FROM INSIDE AS FAR AS POSSIBLE, BUT FOUND NO IMPORTANT EFFECT TO HER SEAWORTHINESS CONSEQUENTLY.
HER VOYAGE WAS CONTINUED WITH PROFOUND PRECATIONS AND ARRIVED AT xxxxx ON xxTH SEPTEMBER 20xx AT xxxx HOURD.
SOME DAMAGES TO HER BOTTOM PLATES, HULL APPENDAGES AND CARGOES ARE ANTICIPATED.
NOTE: DEPTH OF WATER WHERE OCCURRED SHOULD BE REASONABLE ONE. IF THERE WERE ANY STRONG WIND OR SUDDEN CAHNGE OF WEATHER ETC., THE FACT OF DETAILS SHOULD BE ENTERED, SAME RECORD ON LOG BOOK.
EXAMPLE : ８－D
＊ TOUCHING TO SUBMERGED OBSTACLES. (To be stated where marked ＊＊＊ on Example 8-A)
THE VESSEL LEFT xxxxxx FOR xxxxxx AT xxxx HOURS ON xxTH MAY 19xx,
WITH BALLAST CONDITION (or laden……), DRAWING DRAFT x.xx METERS AND x.xx METERS AFT.
ON THE DATE AND PLACE MENTIONED ABOVE, A SLIGHT SHOCK ON HER HULL WAS FELT AND
SOON AFTER STOPPED HER ENGINE, SOUNDED ALL TANKS AND BILGES BUT NO DOUBTFUL POINTS WERE OBSERVED FROM THE POINT OF VIEW OF SEAWORTHINESS.
HER VOYAGE WAS CONTINUED WITH PROFOUND PRECAUTION AND ARRIVED xxxxxx AT xxxx HOURS ON xxTH MAY 20xx.
CIRCUMSTANCES ON THE CASUALTY WERE CALM SEA AND MOONLESS NIGHT WITH GENTLE BREEZE AND NO SUSPICIOUS ECHO ON THE RADAR SCOPE WAS OBSERVED.
NO PERSONAL INJURY BUT SOME DAMAGES TO HER HULL, APPENDAGE AND CARGOES ARE ANTICIPATED.
NOTE: THE FACT SHOULD BE RECORDED ON LOG BOOK WITH WEATHER CONDITION AND DEPTH OF WATER, ETC.
EXAMPLE : ８－E
＊ TOUCHING AGAINST PIER OR WHARF. (To be stated where marked ＊＊＊ on Example 8-A)
THE VESSEL LEFT xxxxxxxx FOR xxxxxxxxx, AT xxxx HOURS ON xxTH MAY 20xx, DRAFT FORE xx.xx M. AFT. xx.xx M., WITH CARGO xxxx.xx MT. OF GENERAL CARGO AND ON THE DATE AND TIME MENTIONED ABOVE, ON COMING ALONGSIDE xxxxxxx PIER NO.x UNDER COMMAND OF HARBOUR PILOT CAPT. xxxxxxxxxx, HER STARBOARD SIDE TOUCHED TO THE WESTERN EDGE OF THE SAID PIER TWICE WITH MODERATE SHOCKS.
AFTER THE VESSEL MOORED TO TH PIER, SEVERAL DAMAGES WERE FOUND ON MIDDLE PART OF HER STARBOARD SIDE HULL PLATES BUT NO CHANGE OF MEASURES WERE OBSERVED AFTER CAREFULL SOUNDING CARRIED OUT AROUND ALL TANKS AND BILGES, AND NO IMPORTANT EFFECT TO HER SEAWORTHINESS WAS OBSERVED.
HOWEVER, SOME MINOR DAMAGES TO HER HULL BELOW WATERLINE AND CARGO WERE ANTICIPATED.
NOTE: THE FACT SHOULD BE RECORDED ON LOG BOOK.
EXAMPLE : ９－A
＊ DAMAGE FOUND IN DRY DOCK.
DATE:
PLACE:
STATEMENT OF FACT DAMAGE FOUND IN DRY DOCK
TO WHOM IT MAY CONCERNS:
THE VESSEL KEELED ON NO.1 DRYDOCK OF xxxxxx SHIPYARD AT xxxx HOURS ON xxTH MAY 200x.
ON OUTSIDE HULL INSPECTION, SOME DENT DAMAGES DESCRIBED BELOW WERE FOUND ON HER PORT SIDE HULL JUST ABOUT x.x METERS BELOW WATERLINE OF HER LIGHT CONDITION.
DETAILS OF DAMAGE: DAMAGED PARTS : HULL PLATES F-x, F-xx, G-x AND G-xx FRAME NO. xx, xx, xx AND xx PLATE : LENGTH OF DENT x.xx METERS BREADTH OF DENT x.xx METERS MAXIMUM DISTORTION xx MILLIMETERS FRAM : NO.xx BENT AND DISTORTED IN LENGTH OF x.xx METERS NO.xx BENT AND DISTORTED IN LENGTH OF x.xx METERS NO.xx BENT AND DISTORTED IN LENGTH OF x.xx METERS NO.xx BENT AND DISTORTED IN LENGTH OF x.xx METERS
THESE DAMAGE ARE EXPECTED TO HAVE BEEN CAUSED BY TOUCHING TO PIER AT (name of harbour) ON THE VOYAGE NO.xx, AS NOTIFIED IN SEA PROTEST IN (name of port) ON (date/month/year) AS PER ATTACHED COPY OF SEA PROTEST.
EXAMPLE : ９－B
＊ DAMAGE FOUND IN DRY DOCK.
DATE:
PLACE:
STATEMENT OF FACT DAMAGE FOUND IN DRY DOCK
TO WHOM IT MAY CONCERNS:
THE VESSEL KEELED ON NO.1 DRYDOCK OF (place of dockyard) AT xxxx HOURS ON (date/month/year).
ON BOTTOM PLATE INSPECTION, SOME DENTED DAMAGES DESCRIBED BELOW WERE FOUND
ON HER FORE PART BOTTOM PLATE:
DETAILS OF DAMAGE: DAMAGED PARTS: BOTTOM PLATE A-x, B-x AND C-x. FRAME NO. xxx～xxx PLATE: LENGTH OF DENT xx METERS BREADTH OF DENT x METERS MAXIMAUM DISTORTION xx MILLIMETERS
THESE DAMAGES ARE EXPECTED TO HAVE BEEN CAUSED BY TOUCHING TO THE BOTTOM IN (name of port/location, etc.) WHILE THE VESSEL WAS BERTHING AT (name of berth/location,etc.) DISCHARGING HER CARGO OF SOY BEANS IN BULK FROM (time/date/month/year) TO (time/date/month/year) OF COMPLETION. THE BERTH HAD NO SUFFICIENT DEPTH AT LOW WATER AND AT THE SAME TIME THE VESSEL COULD HAVE MOVED FORWARD AND BACK DUE TO THE TURN OF THE TIDE.
NOTE: A DESCRIPTION IN DETAILS OF DAMAGES ARE REQUIRED.
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