Cargo mixed & damaged while discharging I would like to draw your attention to inefficient and incompetent discharge of the cargo of logs and boards from my ship by the stevedores.

Notice of protest

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Cargo mixed & damaged while discharging

I would like to draw your attention to inefficient and incompetent discharge of the cargo of logs and boards from my ship by the stevedores. During discharge of the cargo of timber from Holds l and 2 today and yesterday the stevedores broke two bundles of boards while discharging them into barge and part of the cargo fall overboard into the water. Besides, part of the cargo was chafed by the steel wire sling used by the stevedores. The lots of the cargo had been properly marked as shown in the stowage plan, but while collection boards from the broken bundles the stevedores mixed them with boards bearing different marks and numbers. In view of the above, warn you that I will hold the stevedoring company responsible for all the damage. Please advice the consignees and all concerned.

Laytime expiring, ship waiting for berth

This is to advise you that, as scheduled, my vessel arrived at the outer roads of your port at 05.00 lay time on June 24The Port Authorities let me know that here was no berth available in the port, and they recommended me to anchor. At present the waiting for berth. I remind you that, according to the C/P, “time wasted in waiting for berth is counted as loading or discharging time”. So, lay time commenced to count, from 1.00 p.m. June 24,and after 2 days the ship will be on demurrage. Please inform all concerned and take necessary action.

Claim for demurrage money

This is to inform you that due to your failure to provide the cargo of cotton for my vessel as fast as she could receive, as per C/P dated 03.01.98 laytime allowed for loading expired at 08.00 hours local time

08.03.98. From that time till completion of loading, that is 15.00 hours 10.03.98 the vessel was on demurrage. So, the time of the vessel on demurrage is 2 days and 6 hours 30 minutes, which per the C/P makes the total of 10750 $.

I hold you responsible for the above sum and kindly ask you to pay it before our departure.

Failure to provide full load

This is to inform you that according to our computation before and after loading the cargo of cotton under Charter Party dated July 7, the weight of the cargo is only 1600 metric tons and not 1750 as per the above Charter Party.

As the time allowed for loading expires at 16:00 tomorrow? Please let me know? If you wish to complete the cargo. If not, I will hold you responsible for dead freight on 150 metric tons which, according to the terms of the Charter Party is $U.S. 650, and kindly ask you to pay the above sum before the ships departure.

Claim for bad stowage rejected

Referring to your telex of July 14, regarding damage to the shipment of machinery in crates, please be advised of the following. The damage to the cargo was first noticed by the Cargo Officer on June 17, when he was making daily inspecting lashing of the cargo in the holds, he found some of the braces securing the crates gone and the wire broken. Immediate additional lashing of the creates was impossible, owing to heavy rolling and pitching of the vessel. The fact and extent of damage was ascertained by a surveyor immediately upon the ship’s arrival in port. I can’t agree with you that the damage was caused by improper stowage or lack of due care on the part of the ship’s crew. As soon as it became possible, we made additional lashing in order to prevent further damage. So, in my view, the crew has done everything that can be reasonably expected to safeguard the cargo.

In view of the above, I reject your claim as groundless.

Improper lashing of deck containers

I regret to inform you that lashing of cargo by the stevedores at our two last calls at your port was carried out negligently. The bridge fittings and lashing rods were not properly tightened and mostly only assembled together. In view of the above kindly ask to take action and instruct the stevedores to report completion of their work to the ship’s Cargo Officer and not to leave without his approval. Otherwise, the ship will not leave the port until the cargo is properly lashed and secured. In this case we shall hold the stevedoring company fully responsible for all extra expenses and losses caused by such a delay of the ship.

Damage to container

This is to inform you that today, on the 14th of July, while discharging the cargo from my vessel, due to rough handling of the containers and inefficiency of the stevedores, 1 container was struck against the comings of hatch 4. As a result of this, the container was dented and the cargo inside the container was

damage. An appropriate Statement of Fact showing details of damage and signed by the Foreman of the Stevedoring Company is enclosed herewith. Please note that we shall reject any possible claim for this damage as under the terms of the Stevedoring Agreement the Stevedoring Company undertakes to refund damages.

Pilferage: request to investigate

I regret to inform you that today, 1.20 p.m., while the stevedores were out for lunch break, a watch Sailor in Hold 1 found a box the cargo of wrist watches the packing of which had been broken. The Watch Officer immediately called in the Chief Stevedore. On inspecting they found shortage of 100 pieces of watches. An appropriate statement of facts has been drawn up. As before the beginning of discharging the contents of all the goods had been inspected by a Cargo Surveyor and the goods had been found to be in proper condition, it is evidently a case of pilferage by the stevedores working in that hold.

In view of the above, I have to request you to investigate this matter.

Freight not paid in full

As provided in the C/P the goods were to be delivered to you against payment of $25000, representing the amount of freight to be collected on delivery of the goods.

Today, at 12.00 a.m., I was informed by our Agents, Messrs. “...” that the money had not been paid as yet. Under the circumstances I had to stop unloading and to detain a sufficient portion of goods until the said freight is paid in full.

I give you a formal warning hereby that if the money is not paid today, by 16.00 at the latest, I will exercise my right of lien to cover my losses and expenses.

Shifting impossible: ship immobilized for engine repair

With reference to you order, to shift our vessel from berth A-1 to berth A-3 today at 19.00 hours, please note that my vessel will not be able to carry out your order since the vessel is immobilized as per prior permission for overhaul of the main engine. Acting on the promise of the Appledore Co., in my request for permission to immobilize the vessel I indicated that the ship would be immobilized until 16.00 today. Unfortunately, the work has not been completed, and according to the repair team, will require another 12 hours for overhaul.

Detention of vessel

Please inform the Harbor Master and all concerned that I positively protest against detention of my ship in connection with the investigation of oil slick found alongside my vessel this morning. As I have already told the Port Safety Inspector, we can’t wait till 11.00 a.m. tomorrow, when the results of the analyses will be ready. We are completing cargo operations today by 16.00 and our departure has been arranged for 19.00

I think detention is absolutely unnecessary, as I can leave a bank guarantee for the sum of the fine.

Please take all necessary measures to have my ship immediately released from detainment.

Fine for alleged oil spill

This is inform you that at 11.00 today 7th instant your representative visited our vessel and accused us of an alleged pillage of oil and non-reporting the above to the Port Authorities. On inspecting the vessel and the ship’s papers it was established that no oil pumping operations had been carried out after berthing, and that all the seals on the discharge valves here intact. I would like to inform you that oil slick was found at 10.30 by the Watch Officer who tried to call you twice on Channel 16. It was duly recorded in the ship’s logbook.

I explained all this to your officer who fined us $10000 for non-reporting and $50000 for oil pollution.

In view of the above, I kindly ask you to reconsider the decision of your representative and cancel the fine as unjustified.

Rejecting a claim about mutual responsibility for the collision

Further to my oral statement made yesterday at our meeting I consider it my duty once again to state you that I flatly refuse to admit any fault on our part in the case of collision with your vessel which occurred in the Houston Ship Channel year Buoy R70 on March 24, 1922.

One can see from the ship’s documents which I have forwarded to my solicitor that our ship was sailing in full compliance with all regulations and can therefore bear no responsibility for the consequences of your incorrect and dangerous actions.

In view of the above I reject you claim for mutual responsibility for the above collision as groundless and hold you fully responsible for all the damage and losses arising therefrom.

Claim for compensation rejected

Referring to your claim for compensation of personal injury to your stevedore P. Lemon, sustained by him while working on board my vessel on ..., 1992 I wish to advise you that in my opinion the accident occurred solely through your workmen’s personal negligence and his own failure to observe safety rules.

Immediately after the accident 2 other workers (P.W. Bota and P. Leclerk) working together with P. lemon in lower Hold 3 were questioned by my Cargo Officer. They did not deny the fact that the man bad not been wearing his helmet at the time of the accident. The injured man’s helmet was found on a stack of barrels 2 meters away.

According to good marine practice they should have properly slung the wooden dunnage. or still better, they should have removed it by a separate draft. And by all means, the injured man should have been wearing protective helmet all the time during his work on board the ship.

In view of the above I consider you claim groundless.

Claim: responsibility for collision

This is to inform you that, today, on the 24th of March 1992, at 11.20 GMT, proceeding to Houston through the Houston Ship Channel, our vessel collided with your vessel which had entered the opposite traffic lane for overtaking a tug near Buoy 70. Our vessel sustained considerable hull damage the amount of which is being ascertained.

As your vessel started overtaking without having made certain as to the safety of the maneuver, thus violating the COLREGs, and entering the opposite traffic lane made the collision inevitable, I hold your Master fully responsible for this collision and all the losses and damage arising therefrom. In my opinion he could not have failed to see our vessel proceeding in the opposite direction.

I also give you a formal notice hereby that a damage survey of my vessel will be geld at 1.00 (local time) tomorrow, the 25th of March, 1992 in the Port of Houston, after our arrival in port.

Damage to container

This is to inform you that today, on the 14th of July during the morning shift, while discharging the cargo from my vessel, due to rough handling of the containers and/or inefficiency of the stevedores discharging the vessel, 1 container was struck against the coamings of Hatch 4. As a result of this, the container was dented, and due to the impact, the cargo inside the container sustained considerable damage. An appropriate Statement of Facts showing details of damage and signed by the Foreman of the Stevedoring Company is enclosed herewith.

Please note that we shall reject any possible claims for this damage as under the terms of the Stevedoring Agreement the Stevedoring Company undertakes to refund damages. I am writing on this subject to the said Stevedoring Company too.

To arrange repair of the hull and machinery

Kindly inform us if you can execute the following urgent repairs to our ship’s hull and deck:

1)A fissure in way of sheer strake belt, between frames 85-86, for a length about 1.7 meters, to be welded.

2)A dent in way of bilge strake, between frames 120-126, to be faired.

3)Several sheets of shell plating, 12mm thick, for a total area of 5-6 sq. meters, on the starboard bow above waterline, to be cut out and replaced.

4)A sheet of iron 15-20mm thick to be welded over in the distorted portion of the deck in way of Hold No 4, near the hatch coamings.

5)Fireline piping damaged during the storm to be replaced for a length of about 20 meters, in way of Hold No.1, starboard side.

6)Longitudinal beams welded to deck to secure deck cargo to be cut off. The deck to be faired and painted, after removing the beams.

7)The roller of the roller fairlead on the after deck to be straightened up.

It is, of course, understood that all the work done under items 1, 2, 2, 4 & 5 is to be examined and passed by a Lloyd’s Register Surveyor.

I shall very much appreciate your prompt reply

STATEMENT OF SEA PROTEST

I,........., the Master of the m/v Utopia under the flag of the Russian Federation, Gross Tonnage 15893, Net Tonnage 8092, registered at the port of St. Petersburg, International Call Letters UUSW, sailed from the port of Mobile, Afa., USA on August 15, 1992, bound for St. Petersburg with 6750 metric tons of general cargo, the vessel being then tight, staunch and strong, well manned, victualled and sound, and in all respects fit for the said intended voyage.

At 18.00 GMT on ..... 1992 in position Latitude 45-20 North and Longitude 015-10 West the ship encountered a heavy storm with stern wind of Force 9-10 from WSW and a heavy swell up to 8 meters. As a result of this, the vessel suffered heavy pitching and rolling up to 28 to either side. At 20.00 GMT the vessel had to reduce her speed to 10 knots to reduce the rolling. At 23.00 GMT due to shifting of the cargo of pipes in Holds 2 and 3 vessel sustained a permanent list of 10 degrees to starboard and had to deviate to the port of refuge Breast. A t 09.00 on August 26, 1992 the vessel was moored at Pier 18 in the port of Breast.

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