When would a Master issue a ‘Note of Protest’?

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Asked on July 8, 2021
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A ‘Note of Protest’ is made:
(a) When the ship has encountered heavy weather which may result in cargo damage.
(b) Whenever damage has been caused or is suspected from any cause.
(c) Where cargo has been damaged through a peril of the sea (i.e. inadequate ventilation because of the stresses of bad weather).
(d) When cargo is shipped in such a state as to be likely to deteriorate during the voyage (B/Ls would also need to be endorsed in this example).
(e) When the terms of the Charter Party (C/P) has been breached by either the Charterer, or his agent. Examples: refusal to load, or loading improper cargo.
(f) When consignees fail to discharge cargo or to take delivery and pay freight.
(g) In all cases of General Average, or failure to make a cancellation date due to heavy weather.

It should be borne in mind that the act of Noting Protest should be made as soon as possible after arrival in port. Where a cargo Protest is being made, this should be carried out before ‘breaking bulk’. Where cargo is for several ports, a Note of Protest should be made in each port.

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Posted by marinetales
Answered on July 8, 2021