Note of protest and examples

45
FOLLOW

A solemn declaration, made under oath by master; a form of deposition.
It should be done soon as possible after arrival, always within 24 hours of arrival, and (where there may be cargo damage) preferably before breaking bulk.
Procedure -You note protest before a notary public, or some other person authorised under local law to take sworn statements (depositions).  Go to notary public or other appropriate person with one or more witnesses from the crew who have knowledge of the facts. Take Official Log Book, deck log and all other relevant information surrounding the event being protested. Make sworn statement before notary, who enters it in Register of Protests. Obtain at least 3 certified copies of protest (owners, adjuster and ship's file). Pay fee (master's disbursement) and obtain receipt.
 
If you wrote out your own 'sea protest', Have it notarised by a notary public or a consul.
 Since it may be impossible to ascertain the full extent of the loss or damage when first noting protest, always reserve the right to 'extend protest at a time and place convenient.


Examples-

(1 ) After every case of General Average;
(2) after wind and/or sea conditions have been encountered which may have damaged cargo;
 (3) after wind and/or sea conditions have been encountered which caused failure to make a cancelling date;
(4) after cargo is shipped in a condition likely to deteriorate during the forthcoming voyage (also, bills of lading should be appropriately claused after consultation with the shipper and P&l correspondent);
(5) after the ship has been damaged from any cause;
(6) after a serious breach of the charterparty by the charterer or his agent (e. g. undue delay, refusal to load, cargo not of a sort allowed by the charterparty, refusal to pay demurrage, refusal to accept bills of lading after signing because of clausing by master, sending vessel to an unsafe port, etc. ); after the consignee fails to discharge or take delivery of the cargo or fails to pay freight.