From: Vijay Soman Date: 22/08/2014 5:44 AM Subject: Fwd: MV Cappuccino Bunkers Attachments:MV Cappuccino Bunkers ; Cargo Discrepancies ; mv Cargo Discrepancies /Presentation; mv Cargo Discrepancies /Presentation To: WMTC's FM: WSM/SID Pls see attached from Genco and ensure is shown to genco staff before joining during briefing. The matters addressed are not limited to genco but affect industry wide so all centers can benefit and adopt/adapt for briefings and should be rank specific and juniors to be also shown so they learn before taking senior positions. Brgds Vijay
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From: Vijay Soman Date: 22/08/2014 5:44 AM Subject: Fwd: MV Cappuccino Bunkers Attachments:MV Cappuccino Bunkers ; Cargo Discrepancies ; mv Cargo Discrepancies /Presentation; mv Cargo Discrepancies /Presentation To: WMTC's FM: WSM/SID Pls see attached from Genco and ensure is shown to genco staff before joining during briefing. The matters addressed are not limited to genco but affect industry wide so all centers can benefit and adopt/adapt for briefings and should be rank specific and juniors to be also shown so they learn before taking senior positions. Brgds Vijay
How to reduce bunker claimsand associated costsThe resolution of fuel quantity and qualitydisputes will rely on evidence provided
UK P&I CLUBIS MANAGEDBY THOMASMILLER
How to reduce the risk of bunkerquantity and quality claims andminimise associated costs
Fuel quantity and quality disputes are notoriously difficultto resolve and a satisfactory outcome will rely heavily onevidence provided by a ship’s crew. Detailed and correctdocumentation is vital. The following steps should befollowed to help prevent problems and provide essentialevidence if a claim arises.
FUEL QUANTITY
Quantity claims usually arise at the time of delivery and can beminimised if correct procedures are followed. The followingchecks and records must be made at the time of the delivery.
NB: If a shortage is not identified and the correct actions not takenat the time of delivery it would become almost impossible torecover any losses after the event.
Pre-delivery checks● Always try to segregate new bunkers from pre-existing fuel.
Loading into empty tanks will avoid incompatibility problems,make measurements easier, reduce the chance of spills and, ifthe new fuel has a quality defect, it will not contaminate otherfuel.
● Before the delivery measure all ship’s bunker tanks and recordsoundings or ullages and temperatures. Convert linearmeasurements to volumes using the tank calibration tables andtake into account vessel trim and list. Use densities and correctpetroleum tables to convert observed volumes to volumes atstandard temperature and weight factor to determine metrictonnes. Record all your findings.
● Prepare a bunker loading plan comprising all tankmeasurements before the delivery and expected tank contentson completion of taking bunkers.
● Check that the bunker delivery note shows the type of fuel andquantity intended for delivery is according to that expected. Donot sign the bunker delivery note or sample labels before thedelivery.
● Attend on the barge in the company of the barge master tomeasure and record the contents of all the cargo tanks,including any not designated for your delivery. Take thetemperatures of the fuel in all the tanks. Look for any signs offoam on the surface of the fuel or excessive bubbles on the
sounding tape. This may indicate that air has been blown intothe fuel. This is sometimes referred to as ‘cappuccino’.Measurements under these conditions, tend to overstate thevolume in the tanks. If excessive foaming is observed issue aletter of protest and consider calling an independent surveyor toevaluate the situation. Once the bunker transfer is under way itbecomes impossible to resolve this issue.
● Check the barge calibration tables have an official certificationstamp. If not, issue a letter of protest. Again, if you are notconvinced that the tables are correct consider calling anindependent surveyor.
● Use the barge calibration tables to convert linear measurementsto volumes at observed temperature, taking into account anytrim or list of the barge.
● Ensure that the barge master signs your record of barge tankcontents and temperatures.
● Agree with the barge master that stripping of barge tanks willonly be carried out at the end of the delivery as this process canintroduce excessive air into the fuel and make measurementsunreliable.
● Agree with the barge master that air-blowing of line content willonly be carried out at the instructions of the chief engineer atthe end of the delivery as this process can also introduceexcessive air into the fuel and make measurements unreliableand also prevent spill/over-flow.
● Agree with the barge master where and how his deliverysamples will be taken. Ideally this should be by continuous dripat the ship’s receiving manifold, however, continuous drip at thebarge discharge manifold should also be acceptable providingthe process can be observed by a member of the ship’s crew.If the barge master does not intend to take reliable continuousdrip samples then issue a letter of protest and inform him thatyou will take delivery of samples he may issue later but you willrecord that they were not taken properly.
● If you are not content with the barge sampling procedure thenensure that you take a continuous drip sample at the ship’sreceiving manifold and invite the barge master to witness thisprocess and sub division and labelling of samples oncompletion of the delivery.
● Carry out all pre-delivery checks and complete standard formsin accordance with the ship’s management system and localregulations.
Checks during the delivery● Ensure continuous drip sampling is performed throughout
the entire delivery. Do not stop the drip sampling until thebarge master has confirmed that the transfer has beencompleted.
● Make sure the fuel being loaded is entering the tanks that younominated and no fuel is passing to a non nominated tank. Topoff tanks carefully to avoid over filling and spills.
● Listen for unusual noises from the barge, or excessivemovement of the delivery hose as this may indicate stripping orair being introduced into the fuel by the barge operators. If indoubt attend on the barge to investigate and record anyproblems and issue a letter of protest if necessary.
Checks on completion of delivery● Measure and calculate the quantity of fuel on board, by
checking all ship’s tanks and record your findings. Thensubtract your starting quantity from your finishing quantity(whilst taking into account any consumption during delivery).This will provide the total quantity received.
NB: To calculate the volume at standard temperature andweight of fuel supplied you will need the density of the fuel andthis is usually provided on the bunker delivery receipt butremember the true density can only be established by testing adrip sample.
● Attend on the barge and measure the contents andtemperatures of all barge tanks together with the barge masterand record your findings and ask him to agree and sign therecord.
● Calculate the barge outturn and compare this against your shipreceived quantity. There may be a difference of a few tonnesdue to measurement error and tank calibrations.
● If you are satisfied that the quantity provided on the bunkerdelivery receipt has been delivered and received into your tanks(allowing for a minor discrepancy) then sign the bunker receipt“for observed volume at temperature only”.
● If you are not satisfied that you have received the quantity on thebunker delivery receipt then issue a letter of protest and if theapparent shortage is large (more than 10 tonnes on a largedelivery) then you may consider appointing an independentsurveyor to check the barge and your tanks.
● If a dispute results in the barge master agreeing to pump somemore fuel to the ship make sure the drip sampling is continuedthroughout this period.
● Make sure the bulk drip sample is thoroughly mixed before andduring filling of sub sample bottles. Ensure this process iswitnessed by the barge master.
● Label and seal the sub samples and obtain the signature of thebarge master on all the sub samples.
● Do not sign labels of any samples issued by the supplier unlessyou are satisfied that they were taken and sub divided properly.
● Check that the bunker receipt only lists the seal numbers ofsamples that were taken properly by continuous drip. If thesupplier insists on recording seal numbers on the bunkerreceipt for samples that were not properly taken and witnessedthen issue a further letter of protest.
● Ensure you retain all records of measurements, sample data,letters of protest on file and inform your office of any problemsas soon as possible in writing.
● Complete a final tank measurement and calculation report andenter the records of tank contents before and after loading inthe oil record book and engine log book.
FUEL QUALITY
The fuel supplied to your ship should have been ordered on thebasis that it will be compliant with the International Standard,ISO:8217 and be suitable for consumption with respect toenvironmental regulations applicable within the intended tradingroute of the ship. However production and distribution errors canresult in supply of non-compliant fuel and this is unlikely to beobvious at the time of delivery. Owners should ensure that all fuelsare sampled and tested to check compliance. The followingchecks should be made.
Before the delivery● Agree with the barge master where and how his delivery
samples will be taken. Ideally this should be by continuous dripat the ship’s receiving manifold, however, continuous drip at thebarge discharge manifold should also be acceptable providingthe process can be observed by a member of the ship’s crew. Ifthe barge master does not intend to take reliable continuousdrip samples then issue a letter of protest and inform him thatyou will take delivery of samples he may issue later but you willrecord that they were not taken properly.
● Check the drip sampling device is fully operational and cleanand fit a clean collection bag.
● Always try to segregate new bunkers from pre-existing fuel.Loading into empty tanks will avoid incompatibility problems,make measurements easier, reduce the chance of spills and ifthe new fuel has a quality defect it will not contaminate otherfuel. Also you should be able to consume previous fuel duringthe period you are waiting on test results for the new fuel.
During the delivery● Ensure that a continuous drip sample is obtained throughout the
entire delivery. This should be approximately 5 litres.
On completion of the delivery● Fully mix the bulk drip sample. If the fuel is cold then warm it in
the engine room to make sure it can be properly shaken andmixed. The barge master should be invited to witness samplepreparations.
● Fill at least four 1 litre sample bottles, adding fuel to each bottlea little at a time and making multi-passes over the bottles. Thebulk sample container should be mixed or shaken several timesduring this process.
● Label and seal all the samples. Make sure the following isrecorded on the labels: Ship’s name, port, barge name, date,type of fuel (HFO/MDO), sampling method, sampling location,seal number. The chief engineer and barge master must signthe labels.
● Make a list of the samples and their seal numbers with remarkson how they were distributed e.g. Ship retained, barge retained,test laboratory. One sample should be issued to the barge and asigned receipt should be obtained.
● Check that the bunker delivery receipt records all the sealnumbers and distribution.
● If the barge master issues samples that were not taken underagreed witness conditions then sign for “receipt only - sourceunknown”. A letter of protest should also be issued.
NB: Marpol sample
It is the duty of the supplier to issue the ship with a Marpolsample and the seal number of this should be recorded on thebunker receipt. If the barge master and ship’s crew agreed ontaking only one set of samples, either at the barge manifold orship manifold then one of these may be designated the Marpolsample. A ship taken sample cannot be termed a Marpol sampleunless this is agreed with the barge master and the seal numberis recorded on the bunker receipt. If the bunker receipt lists anyseal numbers of samples that were not taken by the correctmethod then issue a letter of protest. There cannot be twoMarpol samples for one delivery.
● One delivery sample should be sent for testing. This is bestarranged through a routine bunker testing service as this wouldprovide a fast turnaround of results.
● If possible do not use the new fuel until you have received thetest results.
● Check the laboratory test report and take into account anyrecommendations given by the laboratory such as heating anduse of purifiers. Record in the engine log book the use ofpurifiers and fuel temperatures.
● Always record, in the engine log book, every day the primarybunker tank being used for transfer to the settling tank.
● If you experience problems with fuel treatment or engineperformance then ensure that appropriate entries are made inthe engine log book.
● If you suspect that the new fuel has some quality defect, due tofilter, purifier or engine problems then take samples before andafter the purifier and before the engine, after the fine filters.Take great care with sampling hot fuel oil. Label and seal thesamples and ensure the labels contain all relevant informationon when, where and how the samples were taken. Send themto the laboratory as soon as possible.
● If the purifiers or filters are blocking, then obtain samples of thesludge for testing.
● Take photographs of purifiers and filters to demonstrate theproblem.
● If engine components sustain damage then preserve thedamaged parts as evidence.
● Keep your head office fully informed of problems as they willneed to communicate with the charterer and or fuel supplier andarrange for attendance of a surveyor.
Acknowledgements:Chris Fisher, Bunker Claims International a division of Brookes Bell
Most Bills of Lading and/or Mates Receipts might indicate that:
Weight, Quantity and Quality Unknown, but this may not protect the vessel or Owners in all countries or jurisdictions.
As an example, this would not be applicable in the United States or in China.
Cargo Discrepancies
Shippers description of goods…..
Weight, measure, quality, quantity,
condition, contents and value unknown
These reservations will be effective under
English Law if the Master has no means of
knowing the quantity shipped, but, if there is a
draft survey or a tally shows the shippers
figures are inaccurate, this will not protect the
vessel.
Cargo Discrepancies
P&I Coverage
P&I will NOT cover the shortage for a Mates Receipt or Bill of Lading, when it is signed, knowing that the information is not correct.
This leaves the Owner unprotected for shortage claims when it is known there is a substantial difference between what the Shore Weight is (on the Mates Receipt), and the cargo as determined by the vessel (by draft survey)
Cargo Discrepancies
There is sometimes the indication that an “allowance” of 0.3 percent or 0.5 percent is permitted as an allowable difference in the weight of the cargo. You should not be persuaded by this claim.
This is not always the case in many countries, and is not applied by many receivers in many situations. (i.e. North African Countries like Algeria, etc.)
Cargo Discrepancies
P&I Coverage
Without P&I coverage, the Owner is left
exposed to substantial short landing
claims.
What can the Master of the vessel do in
such a situation?
Cargo Discrepancies
P&I Coverage
Accurate Draft Surveys
If the Draft Survey differs from the Mates Receipt.
Is the Draft Survey correct?
Has it been properly done?
Is there calm water, or is there Waves or Swell?
Is the water salinity properly accounted for?
Is there current, or are readings done in a river which may cause SQUAT?
Draft Survey
If the Draft Survey
differs from the
Mates Receipt.
Has the Master
checked the
calculations?
Is there a P&I
surveyor doing his
own draft survey?
Is the Shipper or
Receiver doing a
draft survey also?
Draft Survey
If the Draft Survey
differs from the
Mates Receipt.
Do the draft surveys
of all parties agree
substantially?
Master and Chief
Officer should check
again the accuracy
and reliability of the
draft survey.
Draft Survey
If the Draft Survey
differs from the
Mates Receipt.
Have you checked
the Constants?
Are your constants
reasonable?
Is the ballast and
fuel quantity correct?
What is the
experience factor of
the vessel?
Draft Survey-Correct Readings
Vessels which are lying at a river berth or in tidal conditions when strong currents are running. Under these conditions the draught marks should ideally be read over periods of slack water (provided that at a low water slack there is sufficient under-keel clearance).
Currents of appreciable strengths are likely to cause the vessel to change trim or pitch slightly and/or sink bodily into the water from her static draught (‘squat’). This phenomenon becomes more pronounced in shallow waters (shallow water effect).
Strong currents will result in raised water levels against the leading edge of a stationary vessel lying in flowing water. This is especially true when the flow is in the direction of a vessel’s bulbous bow.
Draft Surveys: - Density of the water in which the vessel
is floating
It is prudent to obtain samples of water in
which the vessel is floating at, or very close to,
the time at which the draught marks are read.
This is particularly relevant when the vessel is
lying at a estuarial or river berth when
density of the water may be changing, due
to the ebb or flow of the tide.
Why does the vessel draft survey
have to be correct?
If the Master clauses the Bill of Lading for a quantity much less than is actually carried, then Owners may be responsible for claims from Shippers/Charterers for Loss of Freight from that Shipment.
If the Bill of Lading is for LESS cargo than is actually on board, (Ships figures are more than Mates Receipt,) then in some countries (Brazil & Argentina) there will be Customs Fines for discharge of more cargo than declared.
The Draft survey will be the evidence with which Owners rely in perhaps delaying the vessel.
P&I Cover for Cargo Claims
Exceptions
5. CARGO LIABILITY
5.1 Cover The standard insurance shall cover the member's liability for cargo loss, shortage,
damage, delay or other responsibility occurring in relation to the carriage of cargo
on the entered vessel.
5.2 Exceptions However the standard insurance shall not cover liabilities, costs and expenses arising
out of any of the following,
5.2.1 failure to arrive or late arrival of the vessel at the port of loading, other than any
such liabilities, costs and expenses arising under a bill of lading already issued.
5.2.2 loss, shortage, damage or delay occurring prior to loading, except insofar as loss,
shortage or damage occurs in the port of loading within 21 days of the date on
which loading of the cargo on the vessel commences or should commence,
5.2.3 loss, shortage, damage or delay occurring whilst the cargo is in the custody of
another carrier or during lightering operations, except insofar as lightering is
approved by the Association, or occurs in port and is customary,
5.2.4 failure to load or delay in loading any particular cargo in the vessel, except insofar
as liabilities, costs and expenses arising under a bill of lading already issued,
5.2.5 the issue of a bill of lading, waybill or other document containing or evidencing the contract of carriage which
a) is antedated or postdated,
b) contains a description of the cargo or its quantity or condition which the member or an officer of the vessel knows is incorrect, or
c) should be claused to show that the cargo is carried on deck and is not so claused,
If there is a Discrepancy between Shore figures and
Draft Survey at the Loadport
Compare your Draft Survey figures with the other surveyors: (Have you accompanied the other surveyors to ensure ballast and Fuel soundings are accurate?)
Determine if there is significant discrepancy with the Shippers/Elevator figures
If you are in agreement with others, then tell the agent that you will clause the Mates Receipt/Bill of Lading with the Draft Survey figures
What is a Significant Discrepancy?
There is a reasonable expectation that the draft survey
may differ to a certain degree as a consequence of the
uncertainties described previously, swells or waves,
etc.
A significant discrepancy would be one that can not be
accounted for by the uncertainties of a draft survey.
What is a significant discrepancy?
If the difference is minor, for instance, a
difference of 30-50 MT on a parcel of 45,000
MT (i.e. 0.1%), this may not be considered a
significant discrepancy.
(TPC of a Handymax vessel is about 48)
A Significant discrepancy might be over 70 or
80 MT depending on the cargo size (0.2%)
If there is a minor (Not Significant)
difference in Ship to Shore figures
Check with your vessel operator
If this is the whole cargo, the operator may instruct you to issue a Letter of Protest of the difference between ships figures and shore figures, provided that the Mates Receipt/Bill of Lading has “Weight Unknown” included in the wording.
If the discrepancy is on only a parcel of cargo, then you should follow the operators instructions,
(i.e. do not sign the Mates Receipt until further instructions)
If there is a minor (Not Significant)
difference in Ship to Shore figures
If the discrepancy is, for instance 50 MT on a parcel of 15,000 MT, then any additional parcels, may accumulate to a significant discrepancy.
3 parcels of 15,000 MT each having a discrepancy of 50 MT would equal 150 MT on the whole cargo, which would be Significant.
If there is a Significant Discrepancy between Shore
figures and Draft Survey at the Loadport
If your draft survey figures differ significantly from the Shore figures or P&I/Shippers/Receivers draft survey figures, contact your Technical Managers for guidance and assistance to ensure the accuracy of your draft survey figures.
If you are sure of your draft survey figures (remember that a significant difference should trigger the Master to recheck all the variables and calculations, and not rely only on the figures given to him by a junior officer.)
If a P&I surveyor has not been attending to do a draft survey, you should contact the local P&I to get a surveyor to attend to verify your figures.
If there is a Significant Discrepancy between Shore
figures and Draft Survey at the Loadport
-Actual Case-
A Handy Size Bulk Carrier Captain called to report a discrepancy between elevator and ships draft survey of 400 MT (1.5%) on a cargo of 27,000 MT of wheat loaded in Houston (a river port)
Owners were ready to order the vessel to a layberth as Owners could not accept such a high discrepancy.
After much discussion with the Master, it seems the draft survey was not prepared or checked by him, and the Salinity of the Water was not accounted for.
The actual difference was only about 60-80 MT when the proper draft survey was done.
This caused delay to the vessel, and possibly great expense and embarrassment to the Owners.
Significant difference between Ship’s
Figures and Shippers Figures
If you are in agreement with other draft surveyors, then tell the agent that you will Clause the Mates Receipt/Bill of Lading with the Draft Survey figures.
If the Agent (as is likely) will not accept the Ships Draft Survey Figures, ask to add the Ships Figures alongside the Shippers/Elevator figures Mates Receipt/Bill of Lading.
For example:Shippers Weight – 30,000 MT
Ships Figures – 28,980 MT
Clausing the Mates Receipt and/or
Bill of Lading
If the agent/shipper agrees to clause the
Mates Receipt, or to include the Ships
Figures onto the Mates Receipt, or Bill of
Lading, confirm this with your Vessel
Operator and Technical Manager.
But be careful of the following
caution:
Significant Difference in the Quantity
The Master may not be able to rely on the reservation where he knows the shippers’ figures are incorrect.
Where the discrepancy is so great the Bill of Lading is obviously wrong, it may not be safe to rely on this reservation.
For instance a 1% discrepancy (450 MT difference on a 45,000 MT parcel).
In this case, contact your vessel operator immediately.
What to do?
If the Agents/Shippers do not accept any clausing of the Mates Receipt/Bills of Lading, you must contact your vessel operator immediately for instructions.
As we all have experienced, these problems do not happen at a convenient time and place, and the agents are pressuring you to sign and sail the vessel, so if you have knowledge that a problem may arise, (by doing intermediate draft surveys) advise your vessel operator in advance.
What to do?
Your vessel operator will decide if conditions of the draft survey on which you rely are sustainable and the difference is minor, and may instruct that an appropriate Letter of Protest be issued, or
He or She may decide the discrepancy is enough to contact the Charterers to advise them of the problem, and request they instruct the Shippers to allow clausing of Mates Receipts.
What to do?
In many circumstances, the Charterers can
not, or will not, agree to clausing of the Mates
Receipts/Bills of Lading and your operator will
request that the Charterers issue to Owners a
Letter of Indemnity,
where there is a true dispute about the
quantity of the cargo loaded, and for the
Master to then sign the Mates Receipts as
presented.
Why the Letter of Indemnity
As stated earlier, P&I may not provide cover for cargo shortages when the Member (Owner) or ship is aware that the figure on the Mates Receipt/Bill of Lading is incorrect.
In that case, at the Owners discretion, he will request the Charterers to Indemnify the Owners, through a Letter of Indemnity for any cargo shortage that is attributable to the discrepancy at the loadport, otherwise the Owner will have to pay for the entire shortage.
Actual Case
A Genco Panamax vessel loading a cargo of grain in New Orleans had a P&I surveyor attend to do a draft survey, and seal the cargo holds.
There came a discrepancy of almost 300 MT, and the P&I surveyor told the Master to sign the Mates Receipts and sail, and he would issue a Letter of Protest the next day on behalf of the vessel.
Actual Case
Neither the Master, nor the P&I surveyor, contacted
the Owners about this, and the Owners found out only
from the Master’s sailing message from Southwest
Pass (some 12 hours after sailing the loading berth, on
a holiday weekend).
The Owners advised their P&I immediately about this,
BUT
The vessel’s P&I informed Owners they would not
cover for cargo shortage under their rules.
P&I refusal of cover
Even though Owners pointed out to the P&I Club that:
1) Owners appointed a P&I surveyor to do a draft survey and seal the cargo holds.
2) This P&I surveyor they had appointed had instructed the vessel to sail,
Yet, the P&I Club continued to deny cover, because the Master did not contact Owners before signing the Mates Receipt, despite the surveyors instructions.
P&I refusal of cover
IT IS THEREFORE IMPERATIVE TO CONTACT
YOUR VESSEL OPERATOR FOR INSTRUCTIONS
WHEN THERE IS A DISCREPANCY IN THE CARGO
FIGURES BEFORE YOU SIGN THE DOCUMENTS,
DESPITE THE ADVICE OF ANY P&I SURVEYOR ON
BOARD, TO PREVENT DENIAL OF P&I COVER
IT IS UP TO THE OWNERS TO GIVE
INSTRUCTIONS, NOT THE SURVEYOR
THE SUVEYOR IS THERE TO ADVISE AND
ASSIST.
What to do?
In these circumstance the operator will instruct
you if and when you should sign the Mates
Receipt, or whether to issue a Letter of
Authority to the agents to sign the Bill of
Lading in accordance with the Mates Receipts.
If possible, do not sign the Letter of
Authority on arrival at the Loadport, but
wait until all cargo has been loaded and
you are in agreement with the figures.
Dealing with the Charterers for
Letters of Indemnity
As vessels are often in a long Chartering Chain, with
Owners, Managers, and each sub Charterer often in
different parts of the world, resolving these issues can
take much time, and getting LOI’s may take even
longer.
When you will be loading in an area notorious for
cargo discrepancies, particularly with High Value
Cargo, it is often prudent not to automatically issue
the Letter of Authority to sign Bills of Lading until the
completion of loading, as this might give the vessel
and Owners some leverage.
Dealing with the Charterers for Letters of
Indemnity
When you are aware that you may have a problem with the quantity, let your Owners and managers know immediately, so a P&I surveyor may be appointed as soon as possible.
Owners will then likely advise the Charterers in advance, that in the circumstance of a significant discrepancy, the Master will clause the Mates Receipts, and if that is not allowed, the Master will not issue a Bill of Lading unless an appropriate Letter of Indemnity is received and approved by Owners from the Head Charterers before the Master is allowed to sign the Mates Receipt and sail.
Dealing with the Charterers for Letters of
Indemnity
Considering the long Charter Chains, it is
important for the vessel to notify the Owners
as soon as possible, if they suspect there will
be a difference between ship and shore
figures.
Owners may suggest to Charterers that they
appoint their own surveyors to verify the Ship’s
figures.
Other factors in cargo quantity disputes
If you note spillage of cargo from loaders, grabs, cranes, etc. onto the deck or wharf, protest this with a written protest to Stevedores, Charterers and Agents, and document it with plenty photos and statements.
A picture (or diagram is worth a thousand words).
In such a circumstance contact your P&I and Managers and Owners immediately, not on completion of cargo operations.
A Picture is worth a thousand words
Spillage from Shore
Grabs would cause
loading discrepancy,
or shortage claim at
discharge.
Other factors in cargo quantity disputes
In some circumstances, Shippers or Receivers surveyors ask the vessel to sign an Initial Draft Survey document with the figures from the initial draft survey.
These forms have 2 columns, one for initial survey and one for final survey.
These surveyors then fill in their own numbers for the final draft survey, and use the Master’s signature on this document as evidence to justify a shortage claim.
If you are required to sign such a form, remark “FOR INITIAL SURVEY ONLY”, then you can re-sign and stamp on completion and acceptance of the FINAL SURVEY.
Pressure from the Agents/Charterers
Do not succumb to pressure from the agents that you Must Sign the Mates Receipts or Bills of Lading as presented, if there is a dispute.
If you receive such pressure, summon your P&I representative immediately, and contact your Managers and Owners.
You are not required to sign a inaccurate Bill of Lading.
This also comes into play for inaccurate description of the cargo.
Sometimes the pressure will come from Charterers to sign and sail the vessel to avoid delays. Contact your Owners for instructions
There is some legal authority that delays because of quantity disputes should not fall on the vessel. Let your Owners decide.
Summary
• Always have an ACCURATE draft survey for each loading and discharge.
• If there is a discrepancy, especially significant discrepancy, contact your vessel operator, manager and P&I immediately for instructions before signing any documents.
• Never succumb to pressure from agents or Charterers to issue inaccurate documents without instructions from the Owners.