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    Note of Protest

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    Ankit Maurya
    A Note of Protest should be made if there is a possibility of a claim arising, such as damage to the vessel from heavy weather or striking objects. It must only include facts and avoid opinions. A copy should be sent to the office. A Letter of Protest is required if a claim from another party could arise, for examples issues with cargo quality, quantity or bunkering. It serves to reserve rights to make claims.

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    Note of Protest

    Uploaded by

    Ankit Maurya
    2K views3 pages
    A Note of Protest should be made if there is a possibility of a claim arising, such as damage to the vessel from heavy weather or striking objects. It must only include facts and avoid opinions. A copy should be sent to the office. A Letter of Protest is required if a claim from another party could arise, for examples issues with cargo quality, quantity or bunkering. It serves to reserve rights to make claims.

    Original Description:

    maritime legislation - chief mate phase 2 2021 notes mmd dg shipping

    Original Title

    29. Note of Protest

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    A Note of Protest should be made if there is a possibility of a claim arising, such as damage to the vessel from heavy weather or striking objects. It must only include facts and avoid opinions. A copy should be sent to the office. A Letter of Protest is required if a claim from another party could arise, for examples issues with cargo quality, quantity or bunkering. It serves to reserve rights to make claims.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views3 pages

    Note of Protest

    Uploaded by

    Ankit Maurya
    A Note of Protest should be made if there is a possibility of a claim arising, such as damage to the vessel from heavy weather or striking objects. It must only include facts and avoid opinions. A copy should be sent to the office. A Letter of Protest is required if a claim from another party could arise, for examples issues with cargo quality, quantity or bunkering. It serves to reserve rights to make claims.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    NOTE OF PROTEST & LETTER OF PROTEST

    NOTE OF PROTEST should be made when and if the Master considers it of


    utmost importance and necessity. If for example there is a possibility of a claim
    from another party to arise.

    If Master suspects 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’’.

    When writing such a “Note Of Protest’’ one must stick to the FACTS only and
    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.

    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

    LETTER 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.

    Examples when Letter of Protest may be given concerning possible claims from
    another party due to:

     Loading the cargo in bad condition (damaged prior loading)


     Cargo, damaged at the time of discharge or after discharge from vessel
     Cargo quality in dispute
     Cargo quantity unknown
     Bunkering: Bad oil quality
     Oil pollution while bunkering/oil transfer operations

    Compiled by : Capt. Naveen C Tewari, ARI Saket, New Delhi. (5/14) 1


    NOTE OF PROTEST & LETTER OF PROTEST

    NOTE OF PROTEST (SAMPLE)

     I, ________  (name) Master of the M/V   _______      (name 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 _____ of __________  in the year 19   __, 
    solemnly declare that, On ______ (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

    (Ship’s Stamp)

    Compiled by : Capt. Naveen C Tewari, ARI Saket, New Delhi. (5/14) 2


    NOTE OF PROTEST & LETTER OF PROTEST

    Compiled by : Capt. Naveen C Tewari, ARI Saket, New Delhi. (5/14) 3

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