Damaged by wetting: Sea Protest.

STATEMENT OF SEA PROTEST

I,......., Master of m. v. Shuya, international call sign UIWD, registered at the Port of St. Peterburg, and sailing under flag of the Russian Federation, Gross Tonnage -2889 register tons, Net Tonnage-1034 register tons, loaded in Mombasa 4000 tons of general cargo and completed loading in Dar-Es-Salam with 4000 tons of general cargo on the 27th of June, 2010, and sailed from the above said port for Montreal, Canada on the 27th of June, 2010 with 8000 tons of general cargo, the vessel being then tight, staunch and strong, well manned, victualled and sound, and every respect fit to perform the said intended voyage. During the said voyage, when crossing the Atlantic Ocean, on the 9th, 10^th and 11th of July, 2010 the ship encountered very heavy weather with South-West

by West and South- West winds of full gale force, reaching force 10 at times, rain and swell up to 8 meters. The vessel was pitching, rolling and labouring heavily, shipping very heavy water fore and aft, the hatches being continually sprayed overall by the sea water and washed by heavy continuous showers during the said period.

During the said crossing air temperature varied from +30 C to +6 C. The crew of the vessel has taken all possible measures for safeguarding the ship and the cargo: all the cargo in each port of loading was properly lashed and secured under supervision of official cargo surveyors, the lashing of the cargo was regularly checked by the crew during the whole voyage. The upper tier of the sacks with coffee was covered with plastic foil fully preventing penetration of moisture from outside.

The sacks were stowed at about 15 cm from the ships' bulkheads and sides to ensure free circulation of air and to avoid contact with wet parts. Before sailing from the last port of loading - Dar-Es-Salam, the holds were sealed with hatch cover sealing tape "Ramnek" and regularly ventilated throughout the voyage.

Nevertheless, fearing damage to the cargo through the above-said heavy weather and sweating on the metal surfaces, I declare this Sea Protest against all-possible damage and claims, reserving the right to extend it at a place and time convenient.

Master......

Witnesses:

....... HHHHHH Cargo mate

....... kkkkkk Second engineer

....... LLLLLL Able Seaming

 

 

DAMAGE BY WETTING: REJECTING A CLAIM OF A RECEIVER.

Further to our telephone, conversation of June 24, 2010 regarding wetness damage to the cargo of 150 tons of coffee consigned to you under B/L 21. Please be advised that in compliance with article 35 of the Regulations for transporting coffee and also taking into account peculiarities of a voyage between the tropics and North European ports, during which a heavy fall of temperature and intensive sweat formation may be expected, we made all proper arrangements to protect the cargo. The upper tier of the sacks was covered with the plastic foil fully preventing penetration of moisture from outside. The

sacks were stowed at about 15 cm from the ships' bulkheads and sides to ensure free circulation of air and to avoid contact with wet parts. The holds were regularly ventilated throughout the voyage. However, crossing the Atlantic, we met a very bad storm. Owing to continuous hogging stress of the hull, the nuts of the bolts securing a flange became loose, which resulted in considerable leakage of water on the bottom of the hold, and, consequently, some wetness damage to your cargo. I stated all these facts, together with the precautions taken by the ship's crew to safeguard the cargo and the ship, in the Sea Protest declared by me yesterday, upon the ship's arrival in port.

Regretting the damage, I should like to point out, however, that in my opinion, the ship's crew has done all they could under the circumstances, but the vessel can not be held liable for damage caused by an Act of God.