1. SEA PROTESTS

1 1. SEA PROTESTS (Source: ) 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 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.

2 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 ( 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.

3 IMPORTANT ! Be sure to make all appropriate entries in your ship's logbook The first thing to remember is that a letter of protest, strictly speaking, is not a legal document but a paper containing an account of the events or statement of facts, describing current situation or consequences of some wrongful act or acts, which had happened usually contrary to master s or crew efforts. For example, when during cargo operation something beyond the master s control has gone wrong and the master is unable to make it right, like interruption from shore side of loading or discharging operation, neglect cargo handling, violation of safe working practice, etc. Obviously, 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 lacks of any legal effect being a document produced by one side to defence its own position. 1.

4 Note of Marine or Sea Protest Note of sea protest 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, Yours truly, _____ Master s sig (ship s stamp chopped here) Witness on board.

5 NOTE OF PROTEST (US) 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 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.

6 Consul Date N O T E O F P R O T E S T (UK) Be it hereby made known: That on this the 15th day of February in the year of Our Lord, Two Thousand and Four and personally appeared and presented himself in the office of Attorneys and Notaries before me, John Mills , Notary Public, by the authority of Government, duly admitted and sworn, Henry J. Smith , Master or Commander of the MV Greenhouse which sailed on a voyage from Neaples on the 23rd day January 20 laden with a full and complete cargo of furniture in containers calling at Algeciras and Port of New York and arrived at this Port on 15th day of February 2004 now lying within the harbour. And the said Appearer did hereby declare to note his protest against all perils, dangers, casualties and occurrences of all nature or kind whatsoever and all loss or damage thereby occasioned, reserving to himself the right to extend the protest in times and places convenient, and causing this minute of all singular the premises to be entered in this register.

7 (Sgd) Agents. Master. QUAD ATTESTOR Notary Public N O T E O F P R O T E S T (general) Notary Office: Genoa, Italy I , Master of the M/V under the flag of the Republic of Croatia, owned by , Croatia, Gross Tonnage , Net. Tonnage , sailed from Rijeka, Croatia on , to Genoa, Italy, via Venice, Italy with a full load of bulk wheat of Tonnes. During the voyage the vessel met with stormy weather and heavy seas, the ship suffered rolling and pitching, heavily shipping water fore and aft and spraying overall. All precautions were taken to save the cargo and the ship but nevertheless, fearing damage to the cargo during the bad weather, I state the present sea protest, reserving the right to extend the same at the time and place convenient. Master Witnesses: 1. , Second Mate 2. , Chief Engineer, 3.

8 The Notary Office 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".

9 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 2. "Letters of Protest" or "Notes of Protest" (Source: ) A letter of protest is a formal declaration whereby a person expresses a personal objection or disapproval of an act. It may be a written statement, made by a notary, at the request of a holder of a bill or a note that describes the bill or note and declares that on a certain day the instrument was presented for, and ( ) refused, payment. In shipping there is a widespread practice of using letters of protest to record discrepancies between ship and shore figures, suspected presence of water content, damage to or loss of cargo, etc. PROTESTS are also made by the master against the charterers of the ship or the consignees of the goods, for failing to load or unload the vessel pursuant to contract, or within reasonable or stipulated delays; On the other hand, the merchant may make a protest ( Letter of Protest) against the master, for misconduct, drunkenness, etc.

10 , for not proceeding to sea with due despatch, for not signing bills of lading in the customary form, and other irregularities. WHEN IS A LETTER OF PROTEST ISSUED? Reasons for issuing a Letter of Protest : Delays/incidents during berthing/un berthing Delays at loading/discharge terminal ( delays due to waiting for customs or immigration clearance ; waiting for pilot(s) , tug(s) ; waiting for orders to start loading /discharging ; waiting for another ship to finish , waiting for daylight ; other) Vessel overloaded/short loaded according to C/P Difference between B/L and ship s figure (quantity) Bill of Lading does not contain C/P date ; named discharge port ; cargo quantity ; other. Slow loading at the request of the terminal Examples of key sentences in Letters of Protest My vessel is capable of receiving ..(quantity)/hour whereas the average loading rate provided by the terminal was .. Difficulty measuring ullages due to inclement weather/sea conditions Wind.