Note of Protest2
Note of Protest2
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Tan Pham
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PAPER
RELATED
1. SEA PROTESTS
(Source: http://mariners.narod.ru/seaprotest.html )
Contents:
1. General notes 2. Statement of Sea Protest 3. Letter of protest due to cargo laded in bad or damaged
condition . !argo "as damaged during or after discharging #. !argo $uantit% in dispute (non compliance
of ship&s and shore figures) '. !argo $uantit% unno"n due to impossibilit% of checing . *unering +
bad oil $ualit% ,. -il pollution "hile bunering/oil transfere operations
GENERAL NOTES
During the course of a voyage if your vessel is or has experienced bad weather or any nature of
extraordinary events and you fear that damage or loss may be caused to your vessel and/or cargo you
must prepare a Note Of Protest and upon arrival and/or never after 24 hours having elapsed (not
including holidays, Saturdays and Sundays) have it notarized at Notary Public.
We would like to clarify this subject and give you the following instructions/information:
1/ ‘’Notes of Protest’’
should be made when and if you consider it of utmost importance and necessity, not for the sake of
doing so. If for example there is a possibility of a claim from another party to arise.
2/ If you suspect that damage has been caused to the vessel only (i.e. through heavy weather, touching
bottom, striking locks etc.) there is no need for a ‘’Note Of Protest’’ to be issued same could be stated
on a
‘’Statement of Facts’’.
3/ When writing such a ‘’Note Of Protest’’ bear in mind that you must stick to the FACTS and only,
keeping it as brief and as clear as possible. Same can be extended upon a later date if required. Also do
not express any opinions whatsoever. Such statement of opinions may and do often lead to unnecessary
complications and/or confusion in a later date.
Furthermore due to the fact that Notary Publics around the world use various types/forms for ‘’Notes of
Protest’’ it is quite difficult to admit/provide you with any standard form, we do however attach a most
common form which you may alter where necessary.
d by
Notary Public do not neglect to forward a copy to office at first convenient time.
IMPORTANT !
he first thing to remember is that a letter of protest strictl% spea ing is not a legal document
but a paper containing an account of the e0ents or statement of facts describing current situation or
conse$uences of some "rongful act or acts "hich had happened usuall% contrar% to master s or cre"
efforts. or eample "hen during cargo operation something be%ond the masters control has
gone "rong and the master is unable to mae it right lie interruption from shore side of loading
or discharging operation neglect cargo handling 0iolation of safe "oring practice etc. -b0iousl
% the said act or occurrence should be of such importance that master feels himself obliged to bring it
to attention of all parties concerned either for some immediate action or for future reference but it
still lacs of an% legal effect being a document produced b% one side to defence its o"n position.
1.
Xxx shipping company Date ____ Port _____ To:1) port authority ,or 2 ) diplomatic representative ,or
3)notary public Dear sirs , Name of ship : kind of cargo GRT : Tons of cargo : NRT : port of registry
My vessel sailed from port of ___on ____19xxx, bound for the port of ___and arrived at the port of
___on ____19xx. As fearing loss or damages to the vessel and cargoes owing to _______during the
voyage , I hereby note my protest against all losses, damages,etc and reserving my right to claim
against parties concerned and extend same at time and place convenient .(whenever necessary) I
hereby affirm that report mentioned above is correCt and true,
On this day of in the year One Thousand Nine Hundred and personally appeared and presented himself
before me Consul/Notary Public , Master of the called the of Officia1 Number and Tons Register, which
sailed from on or about the day of with a cargo of bound for and arrived at on the day of and fearing loss
of damage owing to he hereby notes his protest against all losses, damages & etc., reserving right to
extend the same at time and place convenient. Signed before me (signed) Consul Master Notary Pub1ic
at (signed) this day of Two Thousand….. I certify the foregoing to be a true and correct copy of the
origina1 Note of Protest, entered in the Acts of this Consulate and copied therefrom. Consul Date