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