HomeQuestions and AnswersQuestion about Note of Sea Protest

Question about Note of Sea Protest

Last Updated: January 22, 2015

Riaz had this question about Note of Sea Protest

Does the production of a Note of Sea Protest absolve the shipping line of all the claim for damages the cargo may have purportedly suffered due to the rough seas recorded in the Note of Sea Protest and vetted by the port authorities, based on the log book, but not notarised?

How does one differentiate between such incidental damage and damage which may have been caused by negligent handling?

What are your views..??

Liked the content..??

Join thousands of professionals who receive actionable industry insights, expert analyses, and thought-leadership content straight to their inbox, for free from Shipping and Freight Resource..

About the Author

Hariesh Manaadiar https://www.shippingandfreightresource.com

I am Hariesh Manaadiar, Founder of Shipping and Freight Resource.. I have been working in the global transport and trade ecosystem since 1989 across shipping, freight, logistics, supply chain and trade.. I share insights and knowledge across the industry from bills of lading and trade documentation to ports, maritime regulation, freight markets, and the digitalisation of global trade.. My work sits under Making Global Trade FIT™, built on a simple philosophy.. Every trade challenge can be fixed, explained or taught.. HM Business Solutions FIXES trade challenges, Shipping and Freight Resource INFORMS the industry, and Shipping and Freight Academy TRAINS for capability.. Since 2008, this resource has helped businesses make sense of complexity in global trade, and has been read by over 11.4 million visitors from 230 countries.. I have also delivered training and developed guides for organisations including UNICEF, Texas State University, the University of Plymouth, and AMTOI India.. Stay subscribed for free and useful content from across the industry..

Question from Kelly Wong

What is ISPS Code – Part 1

2 COMMENTS

Ranjit Ajgaonkar February 11, 2013 At 8:12 AM

Why this important question remained unanswered for so long ?
No Experts to comment …??????

Reply
- RZ January 22, 2015 At 6:45 AM
  
  In my opinion, NOP does not absolve the liability exposed. Though it has been vetted through, still it is just some sort of Statement of Fact. Just to enhance the strength of NOP issued, suggest the aforesaid to be accordingly notarized by local Notary Public.
  
  Subject to further argument between cargo interest / claimant at next stage, burden of proof lies within the carrier to justify that indeed cargo suffered losses due to rough sea / adverse weather. As such, it is highly recommended vessel to preserve the evident not limited to Deck Log Book entries only but including weather data / NAVTEX warning / photos…(some now even make amateur video recording of bad weather on board by mean of camera phone).
  
  Perhaps with the duly collated evident + applicable Hague / Hague-Visby Rule (if only it applies in your case here), the carrier could defend well her position against any potential claim.
  
  That is my opinion only, perhaps our blogger here, Mr Hariesh have different input / view to share with us. Tks.